HomeMy WebLinkAboutPL PACKET 11202001 Meeting Sheet
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Folder: PL PACKETS 2000-2004
Document: PL PACKET 11202001
AGENDA
• PLANNING COMMISSION MEETING OF NOVEMBER 20, 2001
CITY OF ST. ANTHONY, MINNESOTA
7 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. PUBLIC INPUT
The public may speak at this time on any planning and zoning related matters of a general
nature. However, there will not be any discussion or action by the Commission at this time.
6. MEETING MINUTES
6.1 Review/Approval of Planning Commission Minutes of September 18, 2001
7. COMMUNICATION WITH CITY COUNCIL
7.1 Designate a Planning Commission Member to the City Council regular meeting of.
November 27, 2001
8. PUBLIC HEARINGS
8.1 Village North, 2801 37th Avenue Northeast, Amend the City Ordinance under Light
Industrial manufacturing permitted uses to include the use of wax in the production of
candles and the production of home fragrance products
8.2 The Village Blend, 2900 Pentagon Drive, Conditional Use Permit for the sale of
beverages for consumption on the premises and a restaurant located less than 250 feet
from a residential district
8.3 . Michele Rae/Curves for Women, 2500 Highway 88, Conditional Use Permit for a Health
Club/Women's Fitness Center
8.4 City of St. Anthony, Add to Chapter 16, Zoning and Land Use, to include Section 1680—
Wireless Telecommunication Towers and Facilities and Repeal Section 1160 —
Antennas and Towers under Chapter 11, Penal Regulations
9. INFORMATION AND DISCUSSION
9.1 Proposed Massage Therapy Ordinance
9.2 Northwest Quadrant Redevelopment Update
9.3 Point of Sale Housing Code Update.
2
10. ANNOUNCEMENTS
11. ADJOURNMENT
ATTENTION PLANNING COMMISSIONERS:
IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUE HENRY AT
612-789-8881.
I CITY OF ST. ANTHONY
02 PLANNING COMMISSION MEETING
3 SEPTEMBER 18, 2001
4 7:00 p.m.
5 I. CALL TO ORDER.
6 Chair Melsha called the meeting to order at 7:00 p.m.
7 II. PLEDGE OF ALLEGIANCE.
8 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
9 III. ROLL CALL.
10 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson„ Hatch,
11 Steeves, Tillman, and Thomas.
12 Absent: None.
13 Also present: Assistant City Manager Susan Henry.
• 14 IV.. APPROVAL OF AGENDA.
15 Susan Henry stated that Chair Melsha needed to designate a Planning Commissioner to attend the City
16 Council meeting of October 9, 2001 rather than September 25, 2001.
17 Motion by Chair Melsha, second by Commissioner Hatch,to approve the meeting agenda with the
18 change above.
19 Motion carried unanimously.
20 V. PUBLIC INPUT.
21 Hearing no comments, Chair Melsha moved forward with the agenda.
22
23 VI. MEETING MINUTES.
24 6.1 Review/Approval of the Planning Commission meeting minutes of August 21, 2001.
25 Motion by Vice Chair Stille, second by Chair Melsha, to approve the Planning Commission
26 meeting minutes of August 21, 2001.
27 Motion carried unanimously.
28 VII. COMMUNICATION WITH CITY COUNCIL.
1029 7.1 Designate a Planning Commission member to the City Council regular meeting of October 9,
30 2001.
Planning Commission Meeting Minutes
September 18, 2001
Page 2
•
1 Chair Melsha indicated that Vice Chair Stille was available to attend the next City Council
2 meeting on October 9, 2001.
3 VIII. PUBLIC HEARINGS.
4 8.1 Request for Lot Split: Wirth Companies, Lot 1, Block 1, Beutz Addition.
5 Susan Henry stated that Wirth Companies was requesting a lot split. She added that it was the
6 same lot split that was approved by the City Council back on June 23, 1998, but the applicant
7 did not follow-up with a final plat. Ms. Henry indicated that a dispute arose between the two
8 property owners which was why the split was never completed.
9 Ms. Henry stated that the request was to subdivide and replat Lot 1, Block 1, Beutz Addition,
10 which is a vacant lot to the southwest of the Apache Medical Building. She indicated that the
11 current property-owner was in agreement with the request.
12 Ms. Henry stated that the applicant's request would bring Lot 1, Block 1, Beutz Addition into
13 compliance with Chapter 15, Subd. 4 (1), of the City's Ordinance, which states that all lots
14 must abut their full frontage on a public street. She continued that the replatting of the vacant lot
15 creates a lot that meets the minimum lot size requirement under the same chapter.
16 Ms. Henry stated that Legal Counsel reviewed that plat in 1998. She indicated that there have
17 been no changes since then, but that the item to note was the easement. Prior to the
18 development of the lot, a final plat will have to be approved and evidence of title will need to be
19 provided.
20 Ms. Henry also referred to the moratorium that is on the City's Northwest Quadrant until
21 October 4, 2001, which was approved by the City Council last fall. She added that staff
22 recommendation was to approve the preliminary plat and bring it to the October 9, 2001 City
23 Council meeting, at which time the moratorium will have expired.
24 David Lutz, representative of Wirth Companies, came forward and reviewed the details that
25 Ms. Henry covered.
26 Chair Melsha asked if there was any other land that would be affected by the lot split. Mr. Lutz
27 indicated that there was no other land that would be impacted by the requested lot split.
28 Commissioner Thomas asked what plans were in place for the lot. Mr. Lutz stated that nothing
29 was in the works at this time, but that some type of future development would take place.
30 Chair Melsha closed the public hearing at 7:08 p.m.
1031 Commissioner Tillman asked if they needed to recommend approval contingent on the
32 moratorium being lifted. Chair Melsha agreed on the continency.
Planning Commission Meeting Minutes
September 18, 2001
Page 3
1 Vice Chair Stille asked if it would affect the parking for the Medical Center. Mr. Lutz stated it
2 would reduce the parking a small amount, but would still be within compliance.
3 Commissioner Hatch stated that, according to the moratorium ordinance, it needed to be a
4 change in use. Chair Melsha stated it was arguable that it was a change in use. Vice Chair
5 Stille added that staff acknowledged that same point, and recommended approval.
6 Motion by Chair Melsha, second by Commissioner Hatch, to recommend approval of the
7 request for Lot Split: Wirth Companies, Lot 1, Block 1, Beutz Addition, contingent upon the
s moratorium being lifted, and evidence of title being provided for the preliminary plat.
9 Motion carried unanimously.
1 o IX. INFORMATION AND DISCUSSION.
11 9.1 Draft Antenna ordinance Review.
12 Susan Henry indicated that Chris Smith, an attorney assisting Jerry Gilligan, was present to
13 present his draft of the Antenna Ordinance for review by the Planning Commission.
14 Commissioner Tillman asked where in the draft it was listed that a conditional use permit(CUP)
• 15 was required outside of the Telecommunications Overlay District(TOD). Chair Melsha
16 echoed Commissioner Tillman's concern.
17 Mr. Smith indicated that the City wanted to have a TOD where antennas would be a permitted
18 use within certain areas, with specific criteria requirements, and would be approved by City
19 Staff. He added that anything else would require a CUP and approval by the Planning
20 Commission and City Council.
21 Mr. Smith referred to Section 4 of the ordinance, which deals with the TOD. He stated that the
22 intent was that anything that did not fall within the listed provisions of Section 3 would require a
23 CUP.
24 Chair Melsha stated that Mr. Smith's interpretation was accurate. He added that there was
25 confusion because a specific TOD was not identified in the draft.
26 Mr. Smith indicated that he thought it most beneficial to describe the parcels and properties
27 which would be the overlay district, rather than an actual zoning district.
28 Chair Melsha stated that they wanted to exclude commercial properties from the ordinance.
29 Commissioner Thomas suggested that some members of the subcommittee meet with Mr. Smith
30 to clarify some of the details.
Planning Commission Meeting Minutes
September 18, 2001
Page 4
1 Commissioner Thomas referred to Section 2 item B Color and Architecture d it's
s
2 inconsistency with Section 2, item C, regarding (Wireless Telecommunications Facility) WTFs
3 and camouflage.
4 The Commission clarified that the intent is that all WTFs should be concealed and camouflaged.
5 Chair Melsha stated that the outline captures the intent of the Commission and that it really only
6 needs to be cleaned up.
7 Commissioner Tillman restated her concern that a CUP may not be a great enough barrier for
8 areas outside of the TOD. Chair Melsha indicated that he understood her point, but stated that
9 they do not want to be too stringent on not wanting towers anywhere because the City needs
10 them.
I 1 Chair Melsha asked Mr. Smith if he was aware of City restrictions in relation to the CUP
12 standards. Mr. Smith stated he believed that there existed some language that discusses the
13 factors that the Planning Commission would consider when determining whether the standards
14 for a CUP were being met. Mr. Smith indicated that one of those standards was distance to
1 s other residential structures.
•
16 Mr. Smith indicated that he felt there were reasons for which the Commission could deny a
17 CUP request, and that it was rare that as decision was reversed if properly and reasonably
18 documented.
19 Chair Melsha indicated that members from the subcommittee would meet with Mr. Smith in the
20 near future to clean up the draft and further discuss some of the issues discussed this evening.
21 9.2 Point of Sale Ordinance Discussion.
22 Susan Henry stated that a subcommittee has met to discuss a draft from 1998 draft that did not
23 go forward to the City Council. She added that overall the subcommittee felt that it was a good
24 idea, and the proposed draft works pretty well.
25 Ms. Henry outlined what the subcommittee identified as important concepts and aspects of the
26 process.
27 Chair Melsha asked if a misdemeanor was a uniform penalty for not complying with the Point-
28 Of-Sale Ordinance. Ms. Henry stated it was in order to keep home-owners in cooperation.
29 Commissioner Steeves stated that the main difference between the St. Anthony and New Hope
• 30 Point-Of-Sale evaluations was.that the New Hope evaluation was more specific.
31 Commissioner Steeves asked if they could ascertain experience from other cities whether they
32 have other opportunities to rectify a situation before it becomes a misdemeanor. Commissioner
Planning Commission Meeting Minutes
September 18, 2001
Page 5
•
I Thomas indicated that the subcommittee discussed stating, under the purpose of the Point-Of-
2 Sale Ordinance, that the City wants to upgrade it's housing stock and is willing to work with
3 residents and home-buyers to help facilitate that upgrading.
4 Commissioner Hanson indicated that the subcommittee hoped that an In-House Inspector
5 would be part of the overall Point-Of-Sale plan. Ms. Henry indicated that would not happen
6 for three to five years, due to budget constraints.
7 Commissioner Steeves indicated that the City of Minneapolis requires applicants to post a
8 Performance Bond that is equal to 125%of the estimated cost of making the improvement so
9 that they are assured that the item is taken care of.
10 The Commission discussed a few examples that they have dealt with in the past in relation to
11 Commissioner Steeves' statement.
12 Commissioner Tillman asked if someone who got an inspection, then decided not to sell their
13 home would still be held responsible to correct the code violations. Commissioner Hanson
14 stated that was something that has been discussed because of the potential safety and health
• t 5 hazards which may exist.
16 Commissioner Thomas stated that they would give either the seller, or buyer the option to
17 correct the violations.
18 Commissioner Tillman referred to the small,non-safety issues that are identified by the
19 inspector, and asked, if the home-owner decided not to sell, would they still be held responsible
20 for correcting the violations. She added that it was a risk of requesting an inspection.
21 Commissioner Hanson stated that it could be negotiated in the contract that the buyers would
22 have ninety days to correct the violations.
23 Commissioner Thomas stated that his understanding was that a home-owner who was looking
24 to sell would need to be made aware of the Point-Of-Sale Ordinance by their realtor. He
25 added that, at that point, the home-owner could decide that they did not want to sell. He
26 added that the inspection would need to be presented at, or before, the time of closing.
27 Commissioner Thomas stated that he did not hire an inspector when they bought their home
28 three years ago, and he just discovered that his garage door opener had a red tag on it and was
29 out of compliance. He added that he felt it was something that he should have known about.
30 Ms. Henry stressed that the focus of the inspection was for Point-Of-Sale purposes.
031 The Commission requested more information on how other cities kept track of the Point-Of-
32 Sale Ordinance and associated inspections.
Planning Commission Meeting Minutes
September 18, 2001
Page 6
Commissioner Hanson stated it would be necessary to inform local realtors of the Point- Of-
t Sale Ordinance in the City of St. Anthony, as well as educate the public.
3 Commissioner Tillman stated that she thought that the idea was wonderful.
4 Chair Melsha asked if they were trying to go after the minor and cosmetic problems, or major
5 problems. Commissioner Thomas stated he thought they were focusing on the minimum
6 standards.
7 Commissioner Steeves stated that liked the idea of two standards. He thought a misdemeanor
8 penalty should be attached to the minimum standard(health and safety), and a less severe
9 penalty attached to the cosmetic violations.
10 Chair Melsha indicated that he had Minnegasco out to have his furnace serviced and learned
11 that there were things that were hazardous in his home of which he was unaware.
12 Commissioner Hanson suggested that Ms. Henry research other cities that have a Point- Of-
13 Sale Ordinance in effect,and any associated misdemeanors.
• 14 Commissioner Thomas suggested that Ms. Henry continue working on the proposed Point-Of-
15 Sale Ordinance blending in the minimum standards with another emergency life, health and
16 safety set of standards that would have to be fixed immediately and would carry a misdemeanor
17 penalty. He added that he would do some research on a tracking system.
18 Chair Melsha stated it was important to gather information from other cities that are
19 comparable to the City Of St. Anthony.
20 Chair Melsha stated that he was concerned about getting comfortable without being too heavy-
21 handed. Ms. Henry stated that needed to continue working on it, until they were comfortable
22 with the end result.
23 Commissioner Hatch asked how the public would become involved and informed. The
24 Commission discussed a few options and decided that inviting them to their meetings was the
25 best option. Ms. Henry would include the subject of Point-Of-Sale in Chair Melsha's portion
26 of the newsletter.
27 9.3 Northwest Ouadrant Redevelopment Update.
28 Ms. Henry informed the Commission that a pre-proposal conference for interested developers
29 will be held Thursday, September 20, 2001 at 10:00 a.m. at the St. Anthony City Hall. She
30 indicated that Jim Prosser, Ehlers and Associates, would lead the presentation.
31 Ms. Henry stated that developer proposals are due into Ehlers and Associates on October 26,
32 2001. She added that late this year or early next year, the City will be reviewing the proposals
Planning Commission Meeting Minutes
September 18, 2001
Page 7
•
1 and interviewing developers, subjecting the concepts to further evaluation and identifying any
2 potentially viable development proposals.
3 Chair Melsha asked about the next legislative session and if there have been any further
4 discussions regarding helping out with the TIF revisions that were made. Ms. Henry responded
5 that there is going to be presentation to the Metropolitan Council by the consultants from Ehlers
6 and Associates and Mayor Cavanaugh on October 10, 2001 which she identified as a big step.
7 She added that they are aware the City of St. Anthony does not have a lot of money to work
8 with, and they will be able to provide them financial guidance on a state level.
9 Commissioner Steeves asked what followed the request for proposal (RFP)deadline. Ms.
10 Henry stated that she would keep them informed when she had more information from Mr.
11 Prosser.
12 Commissioner Tillman asked who decides on selecting the developer for the project. Ms.
13 Henry responded that the City Council makes that decision and added that the Council has
14 made it clear that they want the input of the Planning Commission.
15 X. ANNOUNCEMENTS.
16 Commissioner Tillman stated that she liked the format that the City Council uses during their study
17 sessions, when they sit at the round-table. She asked if the Planning Commission had the power to
18 change things a bit, and if they would they want to use the more intimate format when appropriate.
19 Chair Melsha stated that it was a good idea, depending on the nature of the meeting. Ms. Henry stated
20 that the room was designed for the current set-up, but that the point was well taken, and she would
21 approach the City Manager on the subject.
22 Commissioner Hanson had an update on the St. Anthony Shopping Center. He indicated that there
23 was a new tenant in the Center which was a specialty shop for children's dress clothes. He added that
24 Fitness Center was increasing in population.
25 Commissioner Hanson stated that he was informed that construction had begun on the Salvation Army
26 site which was where the Hennepin County Library would move to and then expand. He asked the
27 Commission what the large mounds of dirt behind Custom Liquidators. Commissioner Tillman
28 indicated that the dirt was from the Harding Pond.
29 Commissioner Hanson asked if there was talk about a Southwest Task Force at some point. Ms.
30 Henry stated it was a good question, but the Stonehouse was in the heat of discussion right now. She
31 added that once decisions regarding the Stonehouse are made, they will be closer to examining the
32 southwest area.
33 Commissioner Steeves thanked the Commissioners who have served on the various sub-committees
34 feeling that they have really made great progress.
Planning Commission Meeting Minutes
September 18, 2001
Page 8
•
1 Vice Chair Stille echoed Commissioner Steeves' appreciation for the work of the sub-committees.
2 XI. ADJOURNMENT.
3 Motion by Chair Melsha, second by Commissioner Hanson, to adjourn the meeting at 8:10 p.m.
4
5 Motion carried unanimously.
6 Respectfully submitted,
7 Courtney Seesz
8 Timesaver Off Site Secretarial, Inc.
•
•
• MEMORANDUM
DATE: 11/13/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager
SUBJECT: Village North, 2801 37th Avenue Northeast, Amend the City
Ordinance under Light Industrial
Requested Action:
Ken Solie, Village North LLC and property owner of the light industrial building located at
2801 37 h .Avenue Northeast, is requesting an ordinance amendment to the Light
Industrial section of the City Ordinance to include the use of wax in the production of
candles and the production of home fragrance products.
Background:
Ken Solie has located a client, Essenco LLC, who would like to move into the space at
2801 37th Avenue Northeast. Essenco primarily manufactures decorator candles for
home use. They also produce home fragrance products in small quantities. According to
the St. Anthony City Ordinance under Light Industrial, both type of manufacturing
• processes are not included in the list of permitted manufacturing uses.
Essenco's manufacturing process involves melting the wax with a hot water heat source
and transferring the wax in glass containers. Essenco has stated no residual or waste
wax is disposed of. Staff has been told by Essenco there is not any pollution emitted by
the facility and it is entirely consumed back into the product. A nearby resident has
expressed concerns to City staff of perfumed odors.
The City of St. Paul, where Essenco has been located, includes wax as a raw material
under the Light Industrial zoning district. It does not seem like a stretch to include it in
the St. Anthony City Ordinance, given the other permitted manufacturing processes that
are allowed.
Staff Recommendation:
Staff recommends approval of the use of wax for candle manufacturing and production
of home fragrance products, under the City's Light Industrial zoning district provided
there are not any adverse environmental issues that would be considered detrimental to
the neighborhood.
Attachments:
• Petitioner's Application
• Excerpts from the St. Anthony City Ordinance
• Date: October 19 , 2001
Fee:.$100.00
CITY OF ST. ANTHONY
Petition for Amendment to Zoninq Ordinance
Applicant: Village North LLP
Address: 2500 39th Ave . N.E . Phone: 612-781-3381.
Request for change regarding: (check appropriate item(s)) =
Restrictions upon buildings, structures, or amenities
�— Permitted uses
Conditional uses
Affected zoning district: Light Industrial '
Proposed change(s) and reason(s) therefor:
Modify the list of permitted manufacturing
processes recited in paragraph 1640 .02 (f)
of the LI Light Industrial District
Ordinance to include the use of wax in the
production of candles and the production
of home fragrence products .
(See Attached for Justification)
(use additional sheet, if necessary) I
Signature of Applicant
_ ... __ . . . ._ T. - * 100 . 00
ATTACHMENT TO PETITION FOR AMENDMENT TO ZONING ORDINANCE
r
Paragraph 1640 . 02 ( f ) of the St . Anthony Zoning Ordinance
provides a list, of manufacturing operation which are permitted
in a Light Industrial District. This petition requests that
the use of wax in the manufacture of candles and the
manufacture of home fragrance products be added to this list .
The purpose of this request is to allow Essenco LLC (trade
name :Homeessence ) to establish their business in a property
that our company owns at 2801 37th Avenue N.E. This property
is presently fully occupied by Industrial Custom Products
( ICP ) , ICP has been in the building since 1995 . ICP has
modified their business plan and has downsized its operations
and accordingly, they require less space. We have negotiated
a lease with Essenco LLC ' through which will -lease
approximately 23000 square feet of the property leaving ICP
with approximately: 50000 square feet . A drawing of the
division of space is attached.
Essenco primarily manufactures decorator candles for home use .
They have been in this business since 1995 . An example of
• their product is attached. They also produce home fragrance
products in small quantities . Their manufacturing process
involves melting the wax with a hot water heat source and
transferring the wax in glass containers . There is no
residual or waste wax to be disposed. All of the incoming wax
is shipped out in final product form. The tenant will bring
approximately 25 employees to the site , which roughly replaces
the employee reduction experienced by ICP through downsizing.
There will be no increase in traffic to the area beyond that
created by ICP when they were to full capacity. We plan to
provide a minimal front entry presence on 37th Avenue NE by
installing a full view glass door in place of an existing
service door and providing a small surfaced parking area
toward the west end of the building at. an existing curb cut .
This concept has been reviewed and approved by Jay Hartman .
Their signage plan includes only a directional sign on the
west end of the building and a stencil sign on the new door.
It is clear that candle manufacturing is a very clean light
industrial operation, that certainly fits the spirit of the
zoning ordinance but not the words . Your approval of this
petition is requested to allow us to bring this strong
• business to St . Anthony. For your information the St. Paul
Zoning Ordinance for Light Industrial does include wax as a
manufacturing raw material . A copy of this ordinance is
attached.
For your additional information, it is important to note that
we have been attempting to lease some of this space since May,
• and this is the first viable tenant we have obtained. We are
dealing in a very difficult economy and a very difficult
leasing market. Assuming that we can bring this business to
St . Anthony, as requested, ICP will execute a new 5 . 5 year
lease which will assure that this property remains a viable
part of the cities commercial real -estate base for 5 more
years .
Also, the City has $125000 in TIF funds invested in this
property for the purpose of improving the commercial economic
base of the City, and to bring employment opportunities to the
City. ICiP has lost about half of its jobs to down-sizing .
Essenco would replace these employees .
Please contact me at 612-781-3381 or kes789 @mediaone.net with
questions or for any additional information you may require
for your consideration of the request.
•
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Chapter 60. Zoning Code--Adoption; Purpose; D...
http://www.ci.stpaul.mn.us/code/lc06O.htmi
Monday, October 15, 2001
c. 60.612. Principal uses permitted.
an I-1 Industrial District the use of land the location and erection of new buildings or
Indu to gs
structures and the alteration, enlargement and moving of existing buildings or structures from
other locations or districts shall conform to the following specified uses, unless otherwise
provided in this code:
(1) All principal uses as permitted and as regulated in the B-3 Business District except family
day care and group family day care.
(2) Any research use.
(3) Warehousing and wholesale establishments.
(4) Where retail sales is not the primary function, the manufacture, compounding, processing,
packaging or treatment of such products as, but not limited to: bakery goods, candy, cosmetics,
pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die, gauge and machine
shops.
(5) The manufacture, compounding, assembling, or treatment of articles or merchandise from
previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, cork,
feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals
or stones, steel, sheetmetal (excluding the process of stamping large items such as automobile
6nde'rs or bodies), shell, textiles; tobacco waxx,1wire, wood (excluding saw and planing mills)
7ind yarns.
(6) The manufacture of pottery and figurines or other similar ceramic products using only
previously pulverized clay, and kilns fired only by electricity or gas.
(7) The manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or
other molded rubber products.
(8) The manufacture or assembly of electrical appliances, electronic instruments and devices,
radios and phonographs.
(9) The manufacture and repair of electrical or neon signs, light sheet metal products, including
heating and ventilating equipment, cornices, eaves and the like.
(10) Laboratories carrying on experimental and testing processes.
(11) Electric and gas service building and yards. Public utility buildings, telephone exchange
buildings, electrical transformer stations and substations, and gas regulator stations. Water
supply plants. Railroad and terminal freight facilities, transfer and storage tracks.
(12) Lumber yards.
(13) Storage of contractor's equipment and supplies.
(14) Automobile service stations, auto repair stations, auto convenience markets, auto specialty
ores, and outdoor space for the sale or rental of new, secondhand, or pawned automobiles,
cks, motorcycles, trailers, or boats, as regulated in the B-3 District; auto body shops.
(15) Municipal public works yards and facilities.
i
L7-2001 08:04 FRO %
FROM/' CITY' OF FR I DLE'r � TO 6112 7:3145334 F.0 r_
• - FRIDLEY CITY CODE
CHAPTER 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS
I. USES PERMITTED
A.' Principal Uses.
The following are principal uses in:Vl-1 Districts:
Wholesaling, warehousing, manufacturing, construction or set-vice uses which will not be
dangerous or otherwise detrimental to persons residing or working in the vicinity, and
will not impair the use or value of any property,but not including any uses excluded
hereinafter.
B. Accessory Uses.
The following are accessory uses in_VI-1 Districts:
(1) Off-street parking facilities
(2) Off-street loading facilities.
(3) Business signs for uses permitted.
(4) Retail sales or servicing of products manufactured or warehoused.
(5) Offices associated with the principal use.
(6) A dwelling for a watchperson subject to the following conditions:
(a) Any dwelling unit located in an industrial structure shall not occupy the front half
of a ground floor or basement.
(b) Any dwelling unit in an industrial building shall not contain more than one (1)
bedroom.
(c) No detached dwelling unit shall be permitted in this district.
(d) A dwelling unit shall be a part of the principal building and be provided with an
outside entrance.
(7) Solar energy devices as an integral part of the principal structure.
C. Uses Permitted With a Special Use Permit.
The following are uses permitted with a Special Use Permit in iv1-1 Districts:
• (1) Offices not associated with a principal use provided that:
:, Oct- 17 01 11 : 58a CCol Hgts)Comm Dev Dept (763) 706-3671 p• 2
9.1103 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and
lot coverage requirements for uses in the Industrial Districts shall be as specified
in the following table.
- -- --— -- 1-1 I-2 —�
Minimum Lot Area 10,000 s . ft. 10,000 s . ft.
itilinimum Lot Width 80 feet 80 feet
Minimum Lot Depth _
Building Setback Requirements
(� Front Yard 20 feet 20 feet _
Side Yard 12 feet 12 feet
Corner Side Yard _ 15 fee*. _— 15 feet
Rear Yard 24 feet I 24 feet
r Parking Setback Requirements _ I
Front Yard 20 feet T — 20 feet
Side Yard 5 feet 5 fect
Corner Side Yard 20 feet 20 feet _
Rear Yard 5 feet —� 5 feet
Maximum Heieht
Maximum Lot Coverage
F—Floor Area Ratio —�— 1_�— _-----_- 1.0 --
• 9.1104 1-1, Light Industrial District.
1 j Purpose. The purpose of the I-1, Light Industrial District is to provide
appropriate locations for industrial enterprises engaged in activities such
as assembly, storage, warehousing acid light manufacturing and further
processing of materials first han dled by general industry. These areas are
located with easy access to arterial roadways and should be separated from
residential uses by natural or manmade barriers.
2) Permitted Uses. Except as specifically limited herein, the following uses
are permitted within the I-1, Light Industrial District:
a) Community center.
b) Government office.
C) Government maintenance facility.
d) Government protective service facility.
e) Public park and/or playground.
0 Recreational facility, indoor.
g) Recreational facility, outdoor.
11) Automobile repair, major.
0 Automobile repair, minor.
j) Laboratory, medical.
k) Office.
l) Studio, radio or television.
— m) Assembly, manufacturing and/or processing. 0,
City of Columbia Heights
Zoning and Development Ordinance-Section 11 Page 11-2
Oct-._1_•?.._U1..-.1T: b8 --_L'ol.--Hgts*-Gomm---Lev...-Dept
• n) Freight terminal.
o) iMaintenance facility:
P) Office/showroom.
q) Office/warehouse.
r) Printing and/or publishing.
S) Self-service storacFe facility.
t) Warehousing and/or distribution.
u) Pawnshops.
V) Tattoo shops.
w) Body piercing shops.
3). Conditional Uses, Except as specifically limited herein, the following uses
may be allowed in the I-1, Light Industrial District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7,
Specific Development Standards:
a) Caretaker's residence.
b) Outdoor sales and/or display.
C) Outdoor storage.
d) Parking ramp.
• e) C=oncrete, asphalt or rock cnishing operation.
f) Salvage operation/Transfer station.
g) Adult Entertainment Use.
4) Permitted Accessory Uses. Except as specifically limited herein, the
following accessory uses shall be permitted in the I-2, .Light Industrial
District:
a) Oft-street parking and loading areas.
b) Landscaping and other horticultural uses.
C) Temporary construction buildings.
d) Signs as regulated by Section 6 of this Chapter.
9.1105 I-2, General Industrial District
1) Purpose. The purpose of the 1-2, General Industrial District is to provide
appropriate locations for industrial enterprises engaged in activities such
as manufacturing, processing, assembly, storage and warehousing, which,
because of their size and/or nature, require isolation from non-industrial
uses. These areas are located with easy access to arterial roadways or
railroads and should be separated fxom non-industrial uses by natural or
manmade barriers.
•
Ciry of Columbia Heights
Zoning and Development Ordinance—Section 1 I Page 11-3
7-(_11 WEE) 9: 311 AJ CITY. OFANEW. BR I ATONM FAX NO. 6126382044 P. 2
Article 1.. 14, I..ight Industrial District
•
Sec. 6410. Reserved. (Code of 2001)
See. 6-020. Intent.
The I-1 Light Industrial District is a general industrial district established to provide and
encourage industrial uses that are aesthetically pleasing in appearance, have all processing within
buildings, are complementary to surrounding land uses, and have reasonable amounts of truck
traffic. (Ord. No. 502, 12-14-82; Code of 2001)
Sec. 6-030. Permitted Uses it) an 1-1 District.
(1) Any use permitted in a Business District except residential use.
(2) Wholesale and warehousing.
(3) Laboratories for research and quality control in the physical sciences.
(4) Public and public Utility uses.
(5) The manufacturing, assembling, and/or processing of the following:
A. Beverages and bottling. —
.13. Business machines, such as typewriters, accounting machines, calculators, con]puters,
and card counting equipment.
C. Canieras and other photographic equipment except film.
D. Canvas and canvas products.
E. Ceramic products such as pottery and small glazed tile.
F. Cosr»etics and toiletries.
G. Electric appliances.such as lighti.tlg fixtures, irons, fans, toasters and electric.toys.
If. Electric equipment, such as home radio receivers, television receivers, and home
movie equipment but not electric power substations or electric machinery.
I. Electrical supplies, such as wire and cable assembly, switches, lamps. insulation, and
dry cell batteries.
J. Food products except meat and fish: baking, boiling, canning, dehydrating, freezin«,
frying, grinding, mixing and pressing, except the rendering of fats and oils.
K. Glass products from previously manufactured glass. --
I
L. flair, felt, and feather products except washing, curing and dyeing.
IV. Hat bodies of fur and wool felt.
N. 1n.k mixing and packaging acid inked ribbons.
• O. Leather products including shoes and matching belting.
F. Luggage.
Q. Metal: finishing, plating, grinding, sharpezaing,pol.islurig, cleaning, rust-proofing, acid
heat treatment.
R. Metal: stainping and extrusion of small products such as costume jewelry, pills and
needles, razor blades, bottle caps, buttons, and kitchen utensils.
'6 82�-T-r
L L
i-Fi AM CITY. N. NEWARIGHTONM FAX 11� 61' JA r.
S. Musical 1*11,541171101t.S.
T. Orthopedic and medical appliances such as artificial, limbs.
U. Paper products such as envelopes and stationary, bags., boxes., tubes, and wallpaper
printing.
V. Plastic products such as tableware, phonograph records, and buttons.
W. printing.
X. Rubber products, small and synthetic treated fabrics such as washers, gloves,
footwear, bathing caps, and atomizers except for all rubber and synthetic processing
Y. Silverware, plate, and sterling.
Z. Socap and detergents: packaging only.
AA. Sporting and athletic equipment such as balls, baskets, cues, gloves,bats.. racquets,
and rods.
138. Statuary, marwequuis, figurines, religious and church art goods excluding foundry
operation.s.
Cc. Textiles: spinning, weaving,manufacturing, dyeing.
DD. Tools and har6vare such as bolts, nuts and screws, door knobs, drills, hand tools,
cutlery, hinges, house hardware, locks, nonferrous castings., and plumbing appliances.
H.. Toys.
FF, Bulk upholstering Including mattress manufacturing, rebuilding, and retlovatin.g.
• GG. Children's vehicles such as bicycles, scooters, wagons and baby carriages.
HIJ- Wood products such as furniture, boxes,crates, baskets, pencils, and cooperage
works.
I.J. VaUhS, caskets, and burial vaults,
(6) Adult estabtisbnients licensed under Chapter 15, Article 14 of the City Code.
Sec. 6-040. Permitted Accessory Uses in an 1.1 District.
(1) Restaurants, lunch counters, and confectioneries to serve eniployces of the District.
(2) One dwelling for security personnel.
3) Off-street parking and off-street loading as regulated under the Zoning Code.
(4) Other uses which are definitely necessary for the successful operation of the permitted uses
of this District with the exception of outside storage which shall be allowed by special use
pennit under the provisions of Section 6-050.
(5) Signs as regulated in Chapter 9.
XT-17--2001 07:53 `„ROSEVILLE—COMM—D 6514902931 P.06/09
1007.01 1007.02
• and/or owner's tenants. Ord. 275 electric power substations or electric
5-12-1959; amd. Ord. 1085, machinery.
1-14-1991)
9. Electrical supplies, manufacturing
and. assembly of such as wire and
1007.02: 1-1 LIGHT INDUSTRIAL DIS- cable assembly, switches, lamps,
TRICTS: insulation and dry cell batteries-
A. Permitted Uses: The following uses 10. Food products, processing and
are permitted in areas zoned for light combining of (except meat and fish),
industry: baking, boiling, canning, cooking,
dehydrating, freezing, frying, grinding,
1. Offices. mixing and pressing.
2. Wholesale and warehousing. 11. Glass products from previously
manufactured glass.
3. Laboratories for research and quali-
ty control in the physical sciences. 12. Hair, felt and feather products
(except washing, curing and dyeing).
4. Public and public utility uses.
13. Hat bodies of fur and wool felt.
The following manufacturing and in-
dustrial uses: 14. Hosiery.
• 1. Beverage processing and bottling.
2. Boat building and repair.
3. Cameras and other photographic
equipment except film.
4. Canvas and canvas products.
5. Ceramic products such as pottery
and small glazed tile.
6. Cosmetics and clothing and toilet-
ries.
7. Electric appliances such as lighting
fixtures, irons, fans, toasters and
electric toys.
8. Electric equipment assembly such
as home radio, television Mceivers
and home movie equipment but not
January 2001
City ol'Roseville
_T-17-2001 0?:54 ROSEVILLE-COMM-DEV 65149 02931 P.08/09
1007.02 1007.02
15. Ice, dry and natural. 29. Soap and detergents, packaging
only.
16. Ink mixing and packaging and
inked ribbons. 30. Sporting and athletic equipment
such as balls, baskets, cues, gloves,
17. Leather products Including shoes bats, racquets and rods,
and machine belting.
31 . Statuary, mannequins, figurines
18. Luggage. and religious and church art goods
excluding foundry operations.
19. Metal finishing, plating, grinding,
sharpening, polishing, cleaning, rust 32. Textiles spinning, weaving, manu-
proofing and heat treatment. facturing, dyeing, printing, knit goods,
yarn, thread and cordage.
20. Metal stamping and extrusion of -
small products such as costume jew- 33. Tools and hardware such as bolts,
elry, pins and needles, razor blades, nuts and screws, door knobs, drills,
bottle caps, button's and kitchen uten- hand tools and cutlery, hinges, house
sils. hardware, locks, nonferrous metal
castings and plumbing appliances.
21 . Musical instruments.
34. Toys.
22. Orthopedic and medical applianc-
es such as artificial limbs. 35. Upholstering, (bulk) including
mattress manufacturing, rebuilding
23. Paper products, small, such as and renovating.
envelopes and stationery, bags, box-
es, tubes and wallpaper printing. 36. Vehicles, children's - such as
bicycles, scooters, wagons and baby
24. Perfumes and perfumed soaps, carriages.
compounding only.
37. Wood products such as furniture,
25. Plastic products such as table- boxes, crates, baskets and pencils
ware, phonograph records and but- and cooperage works.
tons.
38. Vaults, caskets and burial vaults.
26. Printing.
Upon application, it is the policy of the
27. Rubber products, small and syn- City Council to consider amendments
thetic treated fabrics (excluding all to the Zoning Code which would add
rubber and synthetic processing) such to this list those uses which are not
as washers, gloves, footwear, bathing specified in the Code but are compati-
caps and atomizers. bie with listed permitted uses. (Ord.
446, 12-7-64)
28. Silverware, plate and sterling:
B. Open Storage Prohibited: All open
•
City of Roseuille
OCT-174001 07:54 ROSEVILLE—COMM—DEU 6514902931 P.09%09
1007.02 1007.03
storage is prohibited in light industrial 8. Concrete batch plants.
districts. All storage shall be main-
tained within a closed building. (Ord. 9. Dog kennels.
537, 5-8-57; amd. 1995 Code)
10. Sales, service and repair of en-
C. Permitted Accessory Uses: gines.
1. Restaurants, cigar and candy coun- 11. Motor Vehicle Dealers. This provi-
ters and similar uses where operated sion authorizes the sale of new motor
primarily for the use of employees and vehicles by a motor vehicle dealer and
in the immediate area. the sale of used motor vehicles by a
motor vehicle dealer but only in con-
2. Dwelling unit for watchman. junction with sales of new motor vehi-
cles.
3, Off-street parking and off-street =
loading as regulated in this Code. 12. Rental and leasing of motor vehi-
(Ord. 275, 5-12-59) cles including the resale of motor
vehicles previously rented or leased
D. Uses Allowed by Conditional Use by the leasing or rental business own-
Permit: er. (Ord. 854, 9-10-79; amd. 1995
Code)
1. Building materials, miscellaneous,
such as prefabricated houses, compo- 13. Health clubs, physical culture and
• sition wall boards, partitions and pan- health service facilities. (Ord. 1030,
els. 3-14-88)
2. Heliports. 14. Mini-storage (self storage) facili-
ties. (Ord. 1036, 5-9-88)
3. Gasoline service stations.
4. Storage, enclosed, of the following: 1007.03: I-2 GENERAL, INDUSTRIAL
coal and gas, junk and salvage, refrig- DISTRICTS:
erator plants, scrap metal, paper and
rags. A. Permitted Uses:
5. Wood and lumber storage, bulk 1. Any use permitted in an 1-1 Light
processing and wood working includ- Industrial District.
ing saw mills and planing mills, excel-.
sior, plywood and veneers and wood 2. Aircraft, including parts.
preserving treatment.
3. Automobiles, trucks and trailers
6. Commercial auto washing. (including parts) assembly and engine
rebuilding.
7. Sales and rental of contractors
equipment. 4. Automobile, truck and trailer body
repairs.
City or koeeville
Subd. 5. Side Yards. Interior side yards must be at least 10 feet in width, except
^. where a common wall meeting fire code requirements is provided between two
buildings. Side yards adjoining a street must be at least 35 feet.
Subd. 6. Rear Yards. The rear yard must have a depth of at least 20 feet, or at least
25 feet if there is an alley.
Subd. 7. Setbacks From Residential Districts. There must be a setback area of not
less than 20 feet from any property in a residential district within which setback
area parking, storage and/or loading facilities are excluded.
Subd. 8. Shopping Centers. The minimum yards set forth in.this.Section .1635.05
will not apply to any lot line of a lot in a shopping center if.(i) the lot line.adjoins
either another lot within the shopping center or a driveway or parking-area within
the shopping center, and (ii) the Council has approved a site plan for a building to
be constructed on the lot with a different setback from such lot line. In such cases,
the setback approved by the Council shall apply so long as the building exists on-the
lot.
For purposes of this subdivision, a "shopping center" means any group of four or
more retail or service establishments totaling a minimum floor area.of 75,000
square feet, on one or more contiguous tracts of land in single ownership, or in
multiple ownership but subject to a reciprocal easement agreement governing
• common access and parking.
1635.06 General Regulations. Property in the C District is also subject to the provisions of
Section 1650.
Section 1640 - LI LIGHT INDUSTRIAL DISTRICT
1640.01 Purpose. The purpose of the LI District is to designate areas for, and regulate the
development of, light industry. Areas are designated as light industrial due to the
proximity of high capacity roadways or rail facilities and existing development, and
regulated to enhance the compatibility of light industrial uses and uses within the
commercial and residential districts.
1640.02 Permitted Uses. The following uses are permitted within an LI District:
(a) Automotive service and repair provided no junked autos are kept on the
property.
(b) Cleaning, laundering and dry cleaning facilities..
(c) Contractors offices, if equipment or materials are screened according to
Subsection 1650.10.
(d) Engraving and printing.
16-27
(e) Laboratories for research and testing.
Manufacturing of artists supplies, boats, building materials, confectionery
goods, canvas, canvas products, cork products, dry goods, electric motors,
generators, transformers,.controls and components, electronics products and
service, food stuffs (except meatpacking or slaughtering), furniture, glass, clay
and ceramics products (not involving a blast furnace),leather products (not
involving the tanning or processing of hides), machinery, machine tools,
optical goods, photographic products and film processing (except film
manufacture), secondary plastics products including"molding and injection
processes, rubber products except primary rubber manufacturing, signs and
sporting goods.
(g) Millworks.
(h) Offices for administrative purposes and non-retail businesses.
(i) Warehouses, wholesalers or distributors for products permitted under
paragraph (f) of this Subsection or for alcoholic beverages, chemicals, soaps,
detergents, drugs, cosmetics, pharmaceuticals and toiletries, dry goods, meat
and meat products, paper, paper products, steel goods, metal products which
are rolled, drawn, stamped, extruded or cast, tile,brick, terra cotta, tires,
automotive products, and wood products.
• 1640.03 Permitted Conditional Uses. The following uses are permitted in an LI District
only by a conditional use permit issued by the Council:
(a) Drug, cosmetic, pharmaceutical and toiletries manufacture.
(b) Canning or bottling other than malt products.
(c) Enameling, painting, varnishing, lacquering and japanning.
(d) Freight terminals.
(e) Meat packing which does not include the slaughtering of any kind of animal.
(f) . Steel or metal goods manufacturing processes, not involving blast furnace
processes.
(g) Not more than two dwelling units of not more than 11,650 square feet each,
having no more than one bedroom each, for use as residences for caretakers
for a mini-warehouse facility. No such dwelling unit may be occupied by a
person other than a bona fide caretaker of a mini-warehouse facility and the
caretaker's spouse and dependent children. For purposes of this paragraph,
• the term "mini-warehouse" means a building or buildings designed and
intended for warehouse use by three or more different tenants.
16-28
• MEMORANDUM
DATE: 11/14/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager
SUBJECT: The Village Blend, 2900 Pentagon Drive, Conditional Use Permit
Requested Action:
The applicant, Village Blend LLC, wishes to obtain a conditional use permit for the sale
of beverages for consumption on the premises and a restaurant located less than 250
feet from a residential district. The applicant plans to occupy the former Hennepin
County Library space in the St. Anthony Shopping Center, located at 2900 Pentagon
Drive.
Background:
Village Blend's request* is two-pronged: to sell beverages for consumption, including
wine, on the premises; in addition, it is located within 250 feet of a residential district.
According to the City Ordinance, the stated uses are allowed with a permitted
conditional use permit in the Commercial zoning district. In addition, the applicant will
need to obtain an on-sale wine license from the City Council.
According to City Ordinance, in order to serve wine and get an on-sale wine license, the
establishment must be considered a "restaurant." The City Ordinance states a
restaurant should accommodate seating for 50 persons while the State Statute says
seating should be for 30 persons, thus the applicant meets the condition on seating. In
order to serve wine, another requirement is the establishment must regularly serve
meals that are prepared on the premises. According to the application, the Village Blend
plans to offer a light menu. The applicant states that from 6:00 a.m. until closing, a
limited menu will include pastries, sandwiches, and desserts.
One question the City Attorney asked of the Village Blend Cafes' request is to the
definition of a restaurant and the offerings on the menu in the context of serving wine.
Would a light menu be considered a meal? What constitutes a meal? In a recent case
(Clay Montella vs. City Ottertail), it was determined that preparing and serving coffee
and dessert does not constitute preparing and serving a meal. The. conclusion was
reached because the word meal refers to a group of food items that include a main
course, and frequently includes a beverage, dessert, and other food items. Coffee and
dessert are commonly parts of a meal, but they are not commonly considered to be a
meal by themselves. Since Village Blend Cafe plans to serve sandwiches and pastries,
perhaps that is enough to constitute a meal. In addition to wine, other beverages to be
offered at the Village Blend Cafe include coffee and smoothies.
Staff Recommendation:
Overall, the Village Blend Cafe concept fits with the City Ordinance, with the exception
• of the sale of wine. Consensus should be met on the City Ordinance definition of a
restaurant in context of the on-sale wine license.
• Attachments:
• Petitioner's Application
• City Ordinance Excerpts
• Case re: Subject
•
i
• Date: 10/19/01 Fee:_ $130.00
CITY OF"ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant: The Village Blend, LLC. Phone: (612) 789-6825
Address: 2801 St. Anthony Blvd, St. Anthony MN 55418
Status of applicant (owner, buyer, renter, agent, etc.): Renter
Street address and/or legal description-of property in. question:
2900 Pentagon Drive, St. Anthony, MI 55418 (Hennepin Co. Library Space)
Zoning district in which property is located: C District
Conditional use proposed: 1635.03(1) establishment for salp nf heveragps for
• consumption on.Premises; 1635.03(p) restaurant within 250 ft. of a residential district.
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1) The proposed conditional use is one of the conditional uses specifically listed for the
zoning district in which it is to be located.
The proposed conditional uses are contained specifically within subdivisions (1) and
(p) of 1635.03.
2) The proposed conditional use will not be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity or injurious to property values or
improvements in the vicinity.
The proposed conditional uses will improve the general welfare of persons residing in
the vicinity and will improve property values by offering a light menu restaurant and
wine bar as set forth in the attached description.
3) The proposed conditional use is necessary or desirable at the above location to
provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare of the neighborhood or community.
• See attached description of proposed use.
Signature of applicant: w « � - -
• THE VILLAGE BLEND
The Village Blend, LLC was formed to bring to fruition a conception held by Don and Kim
Pavelka to create a warm and friendly place where neighbors and friends can meet and enjoy their
companionship. They see a need for a place where people can gather, eat, enjoy coffee or a
smoothie,or savor a glass of wine. They searched for more than a year to find an appropriate space
to house their vision. Finally, with the relocation of the St. Anthony Library, the opportunity
presents itself to create the Village Blend Cafd.
From 6:00 a.m. until closing,the Village Blend Cafd will be a coffee house,a limited menu
cafd serving pastries, sandwiches and desserts. The Cafd will have a wine bar serving wines by the
glass during the hours from 5:00 p.m. to 9:00 p.m. Monday through Thursday and from 5:00 p.m.
til 11:00 p.m. on Fridays and Saturdays. The premises will be 2,600 square feet. The Cafd will be
laid out approximately as set forth in the attached diagram. There will be seating for 50Tarranged
so as to foster small group gatherings. A fireplace will be added to the Cafd to add an atmosphere
of warmth and congeniality.
The Cafd intends to employ a staff of eight FTE personnel as well as two owner-managers.
Based upon studies of other coffee houses,wages,including tips,are anticipated to average between
$12.00 to $14.00 per hour for wait-staff, and substantially more for supervisory personnel.
• The Village Blend,LLC is a Minnesota limited liability company formed and wholly-owned
by Don and Kim Pavelka. It is expected that Tom and Bonnie Brever and Robert and Linda Foster
will also add investment to the company as needed to support capital expenditures and
commencement of operations.
The premises is located in the St. Anthony Village Shopping Center, a district zoned "C"
commercial. Permitted uses in the district include restaurants and beverage stores for sale of
beverages for consumption off the premises. Permitted conditional uses include establishments for
the sale of beverages for consumption on the premises (§1635.03(e)) and restaurants and
delicatessens located within 250 feet from a residential district(§165.03(p)). The Village Blend Cafe
proposes to sell pastries, sandwiches, desserts, coffees, smoothies and fruit juices, and, during
limited hours,wine by the glass. These uses cannot be maintained in the proposed location without
a conditional use permit. Failure to approve the conditional uses will render the proposal
economically untenable. The location complies with all applicable height and dimensional
restrictions. No external modifications to the center other than a sign complying with the applicable
ordinance will be added to the structure. Motor vehicle traffic to the St. Anthony Village Center
should not negatively impact any surrounding residential areas. There is ample parking in the
existing paved and lined parking areas on the east side of the premises.
TED N 16 FL OUNTED •
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SECRETARY OF STATE
ED,
Certificate of Organization
:0
I, Mary Kiffmeyer, Secretary of State of Minnesota,
V X
do certify that: Articles of -organization, duly signed,
R
have been filed on this date in the office of the Secretary
of State, for the organization of the following limited
liability company, under and in accordance with the
provisions of the chapter of Minnesota Statutes listed
below.
EB;-Z
This limited liability company is now legally
organized under the laws of Minnesota.
Name: The Village Blend, LLC
Charter Number: 18058-LLC
91SPI:
Chapter Formed Under: 322B
.............
This certificate has been issued on 08/23/2000.
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Wecretaryof State.
08/21/00 MON 15:04 FAX 816 926 1988 SCSC TELETIN Ia002
Internal Revenue Service
TELE-TIN Unit
Fax Message
Name of Entity:
Telephone Number: 816-926-5999
Attention
We have assigned the following Employer Identification Number for the
above stated Entity:
If you have any questions conceming your Employer Identification Number please call the
tnumber stated above and any of our representatives will be able to assist you.
If you have any other type of tax related inquiry please call our toll free number
1-800-829-1040 for assistance.
( _) On your Form SS-4 you requested to have S-Corp Status. To apply for this
status you must submit a Form 2553, Election by a Small Business Corporation, within 75
days of the day you determine your effective date to begin.
On your Form SS-4 you requested to have Corp Status for your limited liability
company. Please note we have assigned Partnership 1065 filing requirements. These
requirements can only be reversed by filing corporation.gn. The address fohPSCI s Internal
Revenue Center, within 75 days of starting y rP orat o
Revenue Center, Philadelphia, PA 19255.
F nication is intended for the sole use of the individual to whom it is addressed and may
rmation that is privileged, confidential and exempt from disclosure under applicable law.
r of this communication is not the intended recipient, you are hereby notified that any
on,distribution, or copying of this communication may be strictly prohibited. if you have
received this communication in error, please notify the sender immediately by telephone call, and
return the communication at the address above via the United States Postal service. Thank you
12629 (2-2000) catalog Number 29120A Department of the Treasury-Internal Revenue Servi
Form publish.no.lrs.gov
r
RETAIL
LEASE
by and between
ST. ANTHONY SHOPPING CENTER, LLC
® Landlord
and
VILLAGE BLEND, LLC
Tenant
•
TABLE OF CONTENTS
Paragraph Page
• 1. Premises 5
2. Term 5
3. Base Rent 5
4. Percentage Rents, Gross Sales, and Reports 5
5. Security- Deposit 6
6. Use 7
7. Operating Costs 7
8. Landlord's Maintenance Responsibilities 9
9. Tenant's Maintenance Responsibilities 9
10. Alterations 10
11. Signs/Window Coverings 10
12. Inspection 10
13. Utilities 10
14. Assignment and Subletting 10
15. Fire and Casualty Damage = 11
16. Condemnation 13
17. Indemnification 13
18. Tenant's Insurance 14
19. Holding Over 15
20. Quiet Enjoyment 15
21. Events of Default 15
22. Remedies 16
• 23. Mortgages 18
24. Landlord's Default 18
25. Mechanic's Liens 19
26. Personal Property Taxes 19
27. Notices 19
28. Exclusive Use 19
29. Hazardous Substances 20
30. Landlord's Work 20
31. Tenant's Work 20
32. Radius Clause 20
33. Relocation of Tenant 21
34. Miscellaneous 21
Exhibits
Exhibit"A" -- Designation of Premises
Exhibit`B" -- Rules and Regulations
Exhibit "D" -- Signage
Exhibit"E" -- Landlord Improvements
•
2
® DATA SHEET
Effective: October 1,2001
Landlord: St. Anthony Shopping Center, LLC
Landlord's Address: St. Anthony Shopping Center, LLC
P.O. Box 555
Wayzata, MN 55391
Tenant: Village Blend, LLC
Tenant's Address: 2900 Pentagon Drive N.E.
St. Anthony, MN 55418
Tenant's Trade Name: Village Blend
Premises: Approximately 2607 leasable square feet in a location within the St.
Anthony Shopping Center in St. Anthony, Minnesota that is crosshatched
on Exhibit"A" attached hereto (formerly St. Anthony Library).
Lease Term: Commencement Date: The "Commencement Date" shall be January 1,
2002 or thirty (30) days after vacation of the
Premises by the existing tenant.
Expiration Date: The "Expiration Date" shall be December 31,
2006.
Base Rent: Tenant shall pay Base Rent to Landlord in accordance with the following
schedule:
(A) For the period of the Commencement Date through December 31, 2002,
Base Rent shall be due at a monthly rate of$1,738.00 and shall be payable
in equal monthly payments due on the first day of each and every month.
(B) For the period of January 1,2003 through December 31,2003, Base Rent
shall be due at a monthly rate of$1,846.62 and shall'be payable in equal
monthly payments due on the first day of each and every month.
(C) For the period of January 1,2004 through December 31, 2004, Base Rent
shall be due at a monthly rate of$1,955.25 and shall be payable in equal
monthly payments due on the first day of each and every month.
(D) For the period of January 1,2005 through December 31;2005,Base Rent
shall be due at a monthly rate of$2,063.87 and shall be payable in equal
monthly payments due on the first day of each and every month.
(E) For the period of January 1, 2006 through December 31,2006, Base Rent
shall be due at a monthly rate of$2,172.50 and shall be payable in equal
monthly payments due on the first day of each and every month.
Percentage Rent: None
® Landlord Notices: St. Anthony Shopping Center, LLC
P.O. Box 555
Wayzata, MN 55391
3
• Tenant Notices: The Premises leased hereunder.
Security Deposit: $1738
Use: Retail sale of coffee and items incidental to the sale of coffee and the retail
sale of wine to be consumed on the Premises.
Contingency: This Lease Agreement shall be contingent upon Tenant receiving approval
of a wine/beer license by the City of St. Anthony. Notwithstanding the
foregoing,if Tenant fails to deliver written notice to Landlord of the failure
of such contingencies by 5:00 p.m. December 15, 2001, the contingency
contemplated herein shall be deemed waived and of no further force and
effect.
The information in this Data Sheet is incorporated and made a part of this lease agreement(the"Lease").If
there is a conflict between this information and the remainder of the Lease,the foregoing information in the
Data Sheet shall control.
•
•
4
• LEASE AGREEMENT
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, this Lease Agreement is hereby entered by and between Landlord and Tenant as of the
Effective Date. Capitalized terms shall have the same meaning as those contained on the Data Sheet, the
terms of which are hereby incorporated by reference.
1. Premises. Landlord hereby demises and leases the Premises to Tenant,and Tenant hereby
rents and takes the Premises from Landlord, subject to and with the benefit of the terms, covenants,
conditions and provisions of this Lease. The use by Tenant of the Premises shall include a non-exclusive
right of access over and use of the Common Area. The Premises is located in a certain building (the
"Building") that is part of a development commonly referred to as the St. Anthony Shopping Center, St.
Anthony,Minnesota.The land and buildings comprising the St.Anthony Shopping Center shall be defined
herein collectively as the"Total Site". During any periods in which the Total Site is subdivided into two or
more parcels, each containing a building and some portion of the Common Area, the legal parcel that is
created by such subdivision and upon which the Building shall be situated shall be referred to herein as the
"Property". In the absence of any such subdivision,the word"Property", as used herein, shall refer to the
Total Site.
2. Term. The"Commencement Date"shall refer to the date designated on the Data Sheet.The
term of this Lease (the "Lease Term") shall begin upon the Commencement Date.
3. Base Rent. Commencing upon the Commencement Date,Tenant shall pay to Landlord for
• the entire term hereof, a fixed rent (herein called "Base Rent") in the amount set forth in the Data Sheet.
Tenant shall have no obligation to pay Base Rent during any period prior to the Commencement Date. Base
Rent shall be paid in monthly installments, in advance, on the first day of each calendar month during the
Lease Term. If the initial month of the Lease Term is less than a full calendar month, Base Rent for such
partial month shall be prorated at the rate of one-thirtieth of the monthly Base Rent for each day,payable in
advance.Tenant shall make payment of said Base Rent,together with payment of its Proportionate Share of
Operating Costs and all other amounts due to Landlord, at the address designated in the Date Sheet, or to
such other party or address as Landlord may designate from time to time by notice to Tenant,without demand
• and without deduction, set-off, counterclaim or abatement, except as expressly provided herein.
4. Percentage Rents. Gross Sales, and Reports. Petcentage Rent, if any,shall be deteLlnined
and payable nionthly, based on Gross SaIcs(as defined heminaftet) fo, the pieceding calenda, munth.The
fit st pay nmnt of b
Percentage
ot befo,e the fifteenth day afte, the last day ofthe fi,st fall calendaL nonth and, on u, befo,e the fifteenth
of each nionth the,cafter As soun as p,actical afte, the end of each hcase Yeat as heminaftcr defined but in
no event lateL that MaL SI
,e Rent paid of: a
Tenant, each party hereby agreeing to make sitch
other,adjustment and to pay the on deniand, stich ainatint as may'be necessary to effect adjustment to
agreed Percentage
Gross Sales. As noted heMin,the tenn "tttcaus the cuuic............... ...............
price,sales %V11CHICL VVh0HY OL paftly'fOL cash m on credit,of all tneichandise and seL vices sold and all od
5
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from time to time, without prejudice to any other remedy provided herein or provided by law, apply all or
any portion of the Security Deposit to any arrears of rent or other payments due Landlord hereunder,and any
other damage,injury,expense or liability caused by such event of default without waiving such default;and
Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to
its original amount.Notwithstanding any contrary provision herein,any remaining balance of the Security
Deposit shall.be returned by Landlord to Tenant upon the expiration of the Lease Term and Tenant shall
thereafter have no obligation to pay or maintain the Security Deposit. In the event the Property is conveyed
by Landlord and Landlord delivers the Security Deposit to Landlord's grantee,Landlord shall have no further
liability to Tenant with respect to the Security Deposit and its application or return.
6. Use. The Premises shall be used solely for the retail sale of goods and services as identified
on the Data Sheet. Tenant shall comply with all governmental laws,ordinances and regulations applicable
to the use of the Premises, and shall promptly comply with all governmental orders and directives for the
correction, prevention and abatement of any nuisance in, upon, or connected with, the Premises, all at
Tenant's sole expense; provided, Tenant shall have no obligations to make capital improvements to the
Premises in order to achieve compliance with laws to the extent that the laws apply to retail space generally,
and not just to Tenant's peculiar use.Tenant shall conduct its business in the Premises under the trade name
designated in the Data Sheet. Tenant shall not permit any objectionable odors, smoke, dust, gas, noise, or
vibrations to emanate from the Premises, nor take any other action that may constitute a nuisance or may
disturb or endanger any other tenants of the Building or neighboring buildings,or unreasonably interfere with
any other tenant's use of its premises.Tenant shall not permit the Premises to be used for any purpose or in
any manner, including,without limitation,the storage or parking of automobiles or trailers,nor any method
of storage that would render the insurance on the Building or the Property void or the insured risks more
hazardous. If any increase in-the fire and extended coverage,insurance premiums paid by Landlord for the
• Property is caused by Tenant's use and occupancy of the Premises, then Tenant shall pay to Landlord as
additional rent the amount of such increase.
7. Operating Costs. Commencing as of the Commencement Date on the Data Sheet Tenant
shall pay to Landlord, as additional rent,Tenant's Proport ionate Share of Operating Costs. As used in this
Lease,the term"Operating Costs"shall mean any and all expenses,costs and disbursements of any kind and
nature whatsoever incurred by Landlord in connection with the management, maintenance, operation and
repair of the Building or the Property or any improvements situated on the Property, and other expenses
• relating to the common maintenance,operation and repair of the Total Site that may.reasonably be allocated
to the Property, including, without limitation, the costs of maintaining and repairing easements, property
management fees,including expenses reimbursable to any manager,maintenance salaries,fringe benefits and
related costs,which for persons also working on properties other than the Property shall be allocated on an
equitable basis based on the relative time spent working on the Property, and which management fees and
expenses shall not be in excess of management fees and expenses generally payable in the market to
experienced and reputable property managers for substantially the same type, level and quality of services;
the cost of insurance coverages obtained by Landlord,heating and air conditioning costs for Common Areas
(if any), electricity and other utility costs, the costs of routine repairs and maintenance for the Building,
landscape maintenance, snow removal,taxes(as defined in Paragraph 7(e) hereof)and costs and expenses
incurred by Landlord in protesting any assessments,levies or the Taxes which Landlord shall pay or become
obligated to pay in respect of a calendar year(regardless of when such Operating Costs were incurred) and
depreciation or amortization of the cost of capital improvements that(A)are made to reduce Operating Costs
or limit increases therein, (B) are required by Landlord's insurance carrier subsequent to the date of this
Lease, (C)consist of parking lot striping or overpayments, or the replacement of roof flashings, or(D)are
• required subsequent to the date of this Lease by any applicable law, rule, regulation or order of any
7
governmental or quasi-governmental authority having jurisdiction; provided, any such amortization or
S depreciation shall be calculated based on the useful life of such improvement and shall utilize a rate of
interest that is not in excess of two percent over the prime rate of interest publicly announced by First Bank
National Association as being available to its best corporate customers as of the date of the completion of
such improvements or installation. Notwithstanding the foregoing,"Operating Costs"shall not include the
following:(i)costs of alterations of tenants'premises;(ii)costs of capital improvements and costs of curing
construction defects that are not specifically permitted in the foregoing definition of Operating Costs; (iii)
interest and principal payments on mortgages, and other debt costs; (iv) real estate brokers' leasing
commissions;(v)attorneys'fees incurred by Landlord in negotiation and enforcement of other leases for the
Property; and (vi) any cost or expenditure (or portion thereof) for which Landlord is reimbursed, whether
by insurance proceeds or otherwise.
(a) Calculation of Proportionate Share. For purposes hereof, Tenant's Proportionate
Share shall be equal to the quotient of a fraction,the numerator of which is the total
leasable square feet in the Premises, and the denominator,of which is the total
number of leasable square feet in the Property. Promptly after the Commencement
Date and during December of each year or as soon thereafter as practicable,
Landlord shall give Tenant written notice of its reasonable estimate of Tenant's
Proportionate Share of Operating Costs for the ensuing calendar year.On or before
the first day of each month thereafter, Tenant shall pay to Landlord as additional
rent one-twelfth(1/12th)of such estimated amounts,provided that if such notice is
not given in December.Tenant shall continue to pay on the basis of the prior year's
estimate until the first day of the month after the month in which such notice is
given. If at any time it reasonably appears to Landlord that the actual amount of
• Tenant's Proportionate Share of Operating Costs for the then current calendar year
will vary from Landlord's estimate by more than five percent(5%),Landlord may,
by written notice to Tenant, revise its estimate for such year, and subsequent
payments by Tenant for such year shall be based upon such revised estimate.Within
ninety (90) days after the close of each calendar year or as soon thereafter as
practicable,Landlord shall deliver to Tenant a summary of the total Operating Costs
for the previous calendar year and Tenant's Proportionate Share thereof. If such
summary shows an amount due from Tenant that is less than the estimated payments
• previously paid by Tenant, the amount of such excess shall be applied as a credit
against the installment payments of Tenant's Proportionate Share of Operating
Costs that next become due. If such summary shows an amount due from Tenant
that is more than the estimated payments previously paid by Tenant. Tenant shall
pay the deficiency to Landlord, as additional rent, within thirty (30) days after
delivery of the summary.
(b) Books and Records. Tenant shall have the right to examine Landlord's books and
records of Operating Costs during normal business hours within sixty (60) days
following the furnishing of the summary to Tenant. Unless Tenant takes written
exception to any item within sixty (60) days following the furnishing of the
summary to Tenant(which item shall be paid in any event),such summary shall be
deemed final and accepted by Tenant.If Landlord,in its sole discretion,selects the
accrual accounting method rather than the cash accounting method for some
operating expense purposes, such Operating Costs shall be deemed to have been
• paid when such expenses have accrued.
8
• (c) Taxes. "Taxes"shall mean the aggregate of the real estate taxes, assessments and
other governmental charges, general and special (including, without limitation,
assessments for public improvements or benefits and interest on unpaid installments
thereof) which may be levied or assessed against, or become liens upon, the
Property,or which arise out of the use,occupancy or possession thereof,provided,
the term "Taxes" shall not include inheritance, estate, succession, transfer, gift,
franchise, corporation, income or profit taxes imposed upon Landlord,no interest
or penalties imposed upon Landlord for Landlord's delinquent payment of Taxes.
Landlord agrees to pay before they become delinquent,all Taxes lawfully due and
payable with respect to the Building and the Property; provided,Landlord may,at
its sole discretion, pay any special assessments in installments when allowed by
law, in which case each installment included in Taxes shall include any interest
charged.If Landlord elects not to pay any such special assessments in installments,
Taxes in any year shall nonetheless include only such amounts as would have been
. included had Landlord elected to pay such special assessments in installments over
the longest period available, including interest thereon. If at any time during the
term of this Lease the present method of taxation shall be changed so that-in lieu of
the whole or any part of any Taxes there shall be levied, assessed or imposed on
Landlord a capital levy or other tax'directly on the rents received therefrom and/or
a franchise tax, assessment, levy or charge measured by or based, in whole or in
part, upon such rents for the present, or any future, building or buildings on the
Property, then all such taxes, assessments, levies or charges,or the part thereof so
measured or based, shall be deemed to be included within the term Taxes for the
purposes of this Lease. Landlord shall appeal the assessment of the Property when .
Landlord deems it appropriate and Tenant shall not prosecute an appeal of the
assessment of the Building without Landlord's prior written consent.
8. Landlord's Maintenance Responsibilities. Landlord shall maintain in good repair,
reasonable wear and tear and casualty excepted,all parts of the Common Area,the exterior of the Building
and all structural elements of the Building, including footings, foundation,walls and roof, making all
necessary repairs and replacements;whether ordinary or extraordinary,structural or nonstructural."Common
Area"shall refer to all areas designed and designated by Landlord for common use or benefit within the outer
• limits of the Total Site,including but not by way of limitation,hallways,elevators.restrooms,utility rooms,
and corridors.The Common Area shall not include commercial areas intended for renting as the same shall
exist from time to time,or roads within the outer property limits,while maintained by public authority.The
Common Area and/or the Building may be expanded,contracted or changed by Landlord from time to time
as deemed desirable by Landlord in its sole discretion; provided, such changes shall not permanently and
materially impair the utility of the Premises for the conduct of Tenant's intended use. Tenant shall promptly
give Landlord written notice of any defect or need for such repairs,and after receipt of such written notice
from Tenant..Landlord shall have a reasonable opportunity to repair the same or cure such defect. The term
`=walls", as used in this Paragraph 8, shall not include windows, glass or plate glass, doors, special store
fronts or office entries.
9. Tenant's Maintenance Responsibilities. Tenant shall,at its own cost and expense,keep and
maintain all parts of the Premises in good condition, and shall promptly make all necessary repairs and
replacements,including,but not limited to,windows,doors,any special entry,interior walls and finish work,
floors and floor coverings, water heaters, plumbing work and fixtures, HVAC equipment servicing the
• Premises,termite and pest extermination, regular removal of trash and debris and keeping the whole of the
9
• Premises in a clean and sanitary condition. Landlord warrants that the water heaters and HVAC equipment
shall be in good and operable condition at the commencement of the tenancy. Tenant shall maintain and
repair said equipment during the term of the tenancy. In the event that replacement of the above is required,
Landlord shall timely replace said equipment without cost to Tenant. Tenant shall maintain any grease
collecting devices every 90 days. Notwithstanding the foregoing,Tenant shall not be obligated to repair any
damage caused by fire,tornado or other casualty or occurrence to the extent that such damage is covered by
the insurance maintained by Landlord except that Tenant shall be obligated to repair all damage to glass
unless caused by a tornado.
10. Alterations. Tenant shall not make any alterations, additions, or improvements to the
Premises (including, but not limited to, roof and wall penetrations), without the prior written consent of
Landlord, which consent shall not be unreasonably withheld. All alterations, additions, improvements and
partitions erected by Tenant(other than trade fixtures and the personal property of Tenant),shall become the
property of Landlord as of the date of the expiration or earlier termination of this Lease and shall be
delivered to Landlord with the Premises; provided, however, that if Landlord so elects, such alterations,
additions, improvements and partitions shall be removed by Tenant and Tenant shall restore the Premises
to its original condition by the date of termination of this Lease, reasonable wear and tear and damage by
casualty excepted. All such removals and restoration shall be accomplished in a good and workmanlike
-manner and shall not damage the primary structure or structural elements of the Building.
11. Signs/Window Coverings. Tenant shall not,without the prior written consent of Landlord,
such consent not to be unreasonably withheld, install or affix any window coverings,blinds,draperies,signs,
window or door lettering or advertising media of any type. Tenant shall remove any permitted signs and
window coverings upon the expiration or,earlier termination of this Lease. Any such installations and
• removals shall be made in such manner as to avoid injury or defacement of the Building and Tenant shall
repair any such injury or defacement,including,without irnitation,discolotation,caused by such installation
and/or removal.
12. Inspection. Landlord and Landlord's agents and representatives shall have the right to enter
and inspect the Premises at any reasonable time for the purpose of ascertaining the condition of the Premises,
to make such repairs as may be required or permitted to be made by Landlord under the terms of this Lease
or for any other reasonable purpose. Landlord shall have the right to enter the Premises at any reasonable
time for the purpose of showing the Premises and shall have the right to erect on the Premises a suitable sign
indicating the Premises is available.Tenant shall participate in a meeting with Landlord for a joint inspection
of the Premises prior to vacating.In the event of Tenant's failure to attend such joint inspection,Landlord's
inspection at or after Tenant's vacating the Premises shall be presumptively deemed correct for purposes of
determining Tenant's responsibility for repairs and restoration.
13. Utilities. Tenant shall pay for all water,gas,heat,light,power,telephone.and other utilities
and services provided to the Premises,together with any taxes, penalties, surcharges or the like pertaining
thereto, and Tenant shall furnish and install all replacement electric light bulbs and tubes. In the event that
such services are not separately metered,Tenant's responsibility therefore shall be reasonably estimated by
Landlord. In no event shall Landlord be liable for any interruption or failure of utility services on the
Premises.
14. Assignment and Subletting. Tenant shall not have the right to assign or pledge this Lease
or to sublet the whole or any part of the Premises.whether voluntarily or by operation of law,or permit the
® use or occupancy of the Premises by anyone other than Tenant,without the prior written consent of Landlord.
10
• Landlord's consent shall not be unreasonably withheld: provided,in addition to any other grounds for denial,
Landlord's consent shall be deemed reasonably withheld if, in Landlord's good faith judgment; (i) the
proposed assignee or subtenant docs not have the financial strength to perform its obligations under this
Lease or any proposed sublease; (ii) the business and operations of the proposed assignee or subtenant are
not compatible to the business and operations being conducted by other tenants in the Building; (iii) the
proposed assignee or subtenant intends to use any part of the Premises for a purpose not permitted under this
Lease; (iv)either the proposed assignee or subtenant,or any person which directly or indirectly controls. is
controlled by, or is under common control with the proposed assignee or subtenant, occupies space in the
Building, or is negotiating with Landlord to lease space in the Building; (v) the proposed assignee or
subtenant is disreputable;(vi)the use of the Premises or the Building by the proposed assignee or subtenant
would, in Landlord' reasonable judgment,require any alterations to the Building to comply with applicable
laws; or(vii)the proposed assignee or subtenant fails to execute an assumption and attornment agreement
with Landlord that is reasonable in form. If Landlord grants its consent to any sublease or assignment,
Tenant shall pay all of the attorneys' fees reasonably incurred by Landlord with respect to such assignment
or sublease.Notwithstanding any permitted assignment or subletting,Tenant shall at all times remain liable
for the payment of the rent herein specified and for compliance with all of its other obligations under the
terms,provisions and covenants of this Lease throughout the Lease Term.Upon the occurrence of an Event
of Default(as hereinafter defined),if the Premises,or any part thereof,are then assigned or sublet,Landlord,
in addition to any other remedies herein provided or provided by law, may,at its option,collect directly from
such assignee or subtenant rents due and becoming due to Tenant under such assignment or sublease and
apply such rent against any sums due to Landlord from Tenant hereunder, and no such collection shall be
construed to constitute a novation or release of Tenant from the further performance of Tenant's obligations
hereunder. In determining compatibility under this Agreement, a proposed Tenant shall be deemed
incompatible if the use of the•Prem ises proposed by the Tenant would violate any rights of exclusivity of any
• other tenants in the Center under existing leases.
15. Fire and Casualty Damage.
(a) If the Building or Premises are rendered partially or wholly untenantable by fire or
other casualty.and if such damage cannot,in Landlord's reasonable estimation,be
materially restored within two hundred seventy (270) days of such damage, then
Landlord or Tenant may,at their sole options,terminate this Lease as of the date of
• such fire or casualty. A Party shall exercise its option provided herein by written
notice to the other party within sixty (60)days of such fire or other casualty. For
purposes hereof,the Building or Premises shall be deemed"materially restored"if
they are in such condition as would not prevent or materially interfere with Tenant's
use of the Premises for the purposes for which it was then being used.
(b) If this Lease is not terminated pursuant to Paragraph 15(a), then Landlord shall
proceed with reasonable diligence to repair and restore the Building or Premises,
as the case may be (except that Landlord may elect not to rebuild if such damage
occurs during the last year of the Lease Term exclusive of any option which is
unexercised as of the date of such damage).
(c) If this Lease shall be terminated pursuant to this Paragraph 15, the term of this
Lease shall end on the date of such damage as if that date had been originally fixed
in this Lease for the expiration of the Lease Term. If this Lease shall not be
• terminated by Landlord pursuant to this Paragraph 15 and if the Premises is
11
• untenantable in whole or in part following such damage, the Rent payable during
the period in which the Premises is untenantable shall be reduced to the extent of
such untenantability.In the event that Landlord should fail to complete such repairs
and material restoration within three hundred sixty-five(365)days after the date of
such damage.Tenant may,at its option and as its sole remedy,terminate this Lease
by delivering written notice to Landlord,whereupon the Lease shall end on the date
of such notice as if the date of such notice were the date originally fixed in this
Lease for the expiration of the Lease Term;provided,however,that if construction
is delayed because of changes,deletions or additions in construction requested by
Tenant, strikes, lockouts,casualties,acts of God,war,material or labor shortages,
governmental regulation or control,or other causes beyond the reasonable control
of Landlord,the period for restoration,repair or rebuilding shall be extended for the
amount of time Landlord is so delayed. In no event shall Landlord be required to
rebuild, repair or replace any part of the equipment. racking, shelving, partitions,
fixtures, additions or other personal property or improvements which may have
been placed. in or about the Premises by Tenant. Any insurance which may be
carried by Landlord or Tenant against loss or damage to the Building or Premises
shall be for the sole benefit of the party carrying such insurance and under its sole
control.
(d) Notwithstanding anything herein to the contrary, in the event the holder of any
indebtedness secured by a mortgage covering the Premises, Building or Property
requires that any insurance proceeds be applied to such indebtedness,then Landlord
shall have the right to terminate this Lease by delivering written notice of
® termination to Tenant within fifteen (15)days after such requirement is made by
any such holder,whereupon the Lease shall end on the date of such damage as if the
date of such damage were the date originally fixed in this Lease for the expiration
of the Lease Term.
(e) In the event of any damage or destruction to the Building or the Premises by any
peril contemplated by the provisions of this Paragraph 15, or in the event of
termination as a consequence of condemnation as contemplated in Paragraph 16
• hereof,Tenant shall,upon notice from Landlord,remove forthwith,at its sole cost
and expense,the property belonging to Tenant from such portion of the Building as
Landlord shall request and Tenant hereby waives any and all claims it may have,
now or in the future, against Landlord arising in connection with damage to such
property occurring as a result of any alleged failure to properly secure the Premises
prior to such removal.
(f) Notwithstanding any contrary provision herein.Tenant hereby waives any claims
against Landlord relating to, and Landlord shall not be liable to Tenant for, any
damage to any equipment, inventory, tenant fixture or other personal property
situated in the Premises or in,on or about the Property due to any condition,design
or defect in the Building or leakage of the roof,windows and pipes, or of damage
from gas, oil, water, steam, smoke or electricity, or due to any other cause
whatsoever; including Landlord's negligence, and Tenant assumes all risks of
damage to such property;provided,the waiver and assumption contemplated by this
• sentence shall apply only to the extent covered by Tenant's insurance in place or
12
• required to be maintained by the terms of this Lease. Landlord hereby waives any
claims against Tenant relating to,and Tenant shall not be liable to Landlord for,any
damage to any property occurring in, on or about the Property due to any reason.
including Tenant's negligence, and Landlord assumes all risks of damage to such
property;provided, the waiver and assumption contemplated by this sentence shall
apply only to the extent any such damage is covered by Landlord's insurance in
place or required to be maintained by the terms of this Lease.
16. Condemnation.
(a) If any substantial part of the Building.Property or Premises should be taken for any
public or quasi-public use under any governmental law,ordinance or regulation,or
by right of eminent domain, or by private purchase in lieu thereof, and the taking
would prevent or materially interfere with the use of the Building or Premises for
the purpose for which it is then being used, at the sole option of bandlod, this
Lease shall terminate effective when the condemning authority acquires possession
in the same manner as if the date of such taking were the date originally fixed in this
Lease for the expiration of the Lease Term.
(b) If part of the Building or Premises shall be taken by right of eminent domain,or by
private purchase in lieu thereof, and this Lease is not terminated as provided in
subparagraph 16(a) above, this Lease shall not terminate but the rent payable
hereunder during the unexpired portion of this Lease shall be reduced to such
extent,if any,as may be fair and reasonable under all of the circumstances.In.such
• event,Landlord shall undertake to restore the Building and Premises to a condition
suitable for Tenant's use,as near to the condition thereof immediately prior to the
taking of such improvements as is reasonably feasible under all the circumstances.
(c) Upon any such taking or purchase,Landlord shall be entitled to receive and retain
the entire award or consideration for the affected lands and improvements,subject
to the rights of the holder of any mortgage of Landlord's interest in the Property or
the Building, and Tenant shall not have nor advance any claims against Landlord
or the condemning authority for the value of its property or its leasehold estate or
the unexpired Lease Term,or business interruption expense or any other damages
arising out of such taking or purchase; provided, the foregoing shall not be
construed to preclude Tenant from seeking and recovering on its own account from
the condemning authority any separate award or compensation attributable solely
to the taking or purchase of Tenant's chattels or trade fixtures or attributable to
Tenant's relocation expenses provided that any such separate claim by Tenant shall
not reduce or adversely affect the amount of Landlord's award. If any such award
made or compensation paid to either party specifically includes an award or amount
for the other, the party first receiving the same shall promptly account therefor to
the other.
17. Indemnification. Subject to the waiver of claims set forth in Paragraph 15(f)hereof,Tenant
shall indemnify Landlord from and against any and all demands and liabilities arising from or relating to
injury or loss of life to persons or damage to or loss of property to the extent occurring in the Premises or
• arising from Tenant's negligence or intentional misconduct; provided, Tenant's obligation to indemnify
13
• Landlord for injury or damage occurring in the Premises from causes other than Tenant's negligence or
intentional acts shall be limited to the extent of insurance proceeds, if any, available pursuant to the terms
of policies of liability insurance maintained by Tenant or required to be maintained by Tenant by the terms
of this Lease. Subject to the provisions of Paragraph 15(f)hereof and to the foregoing sentence. Landlord
shall indemnify Tenant from and against any and all demands and liabilities for or relating to injury or loss
of life to persons or damage to or loss of property to the extent arising from Landlord's negligence or
intentional misconduct.The duties to indemnify contemplated hereby include the duty to pay all reasonable
and necessary attorneys'fees and costs incurred by the indemnitee in connection with any such proceedings
and shall survive the termination of the Lease; provided, such duties shall only be applicable to the extent
that they are not limited by the waiver of claims provision of Paragraph 15(f)of the Lease.
18. Tenant's Insurance.
(a) Liability Insurance.Tenant shall,at its sole cost and expense. maintain in effect at
all times during the Lease Term a"Commercial General Liability Insurance"policy,
on an "occurrence" rather than on a "claims made" basis, with a total combined
policy limit of at least$1,000,000.00,which policy shall include,but notbe limited
to,coverages for Bodily Injury,Property Damage,Personal Injury and Contractual
Liability(applying to this Lease),or an equivalent form(or forms),so long as such
equivalent form(or forms)affords coverage which is at least as broad.An Insurance
Services Office"Comprehensive General Liability"policy which includes a Broad
Form Endorsement GL 0404 (Insurance Services Office designation) shall be
considered to be an equivalent policy form. Tenant's liability insurance coverage
maybe subject to a "deductible", "retention" or"participation" (or other similar
• provision) requiring the Tenant to remain responsible for a stated amount or
percentage of each covered loss; provided, however, that such amount shall not
exceed $1,000.00 each occurrence. Such policy shall name Landlord as an
Additional Insured thereunder.
(b) Property Insurance. Tenant shall,at its sole cost and expense,maintain in effect at
all times during the term of the Lease insurance covering all of Tenant's
improvements, fixtures, inventory and other personal property in the Premises
against loss by fire and other hazards covered by the so-called "all-risk" form of
policy,in an amount equal to the actual replacement cost thereof,without deduction
for physical depreciation. Such insurance shall include Valuable Papers and
Records coverage providing for the Reproduction Costs measure of recovery;
business interruption coverage covering a period of at least 365 days;and coverage
for damage to Electronic Data Processing _Equipment and Media, including
coverage of the perils of mechanical breakdown and electronic disturbance. If the
Tenant's property in the Premises includes steam boilers or other equipment
excluded from coverage pursuant to a Boiler and Machinery exclusion,.such
insurance policy shall include Boiler and Machinery insurance in an amount
reasonably satisfactory to Landlord.
(c) Workers' Compensation and Liquor Liability Insurance. At all times during the
Lease Term.Tenant shall procure and maintain Workers'Compensation Insurance
and liquor liability insurance in accordance with the laws of the State of Minnesota.
14
• (d) Policy Provisions. Policies for the liability and property insurance coverages
contemplated by this Paragraph shall be in a form and with an insurer reasonably
acceptable to Landlord and shall require at least thirty(30)days prior written notice
to Landlord,and,if requested by Landlord,Landlord's mortgagee(s),of termination
or material alteration. The liability insurance under subparagraph 18(a) shall be
primary with respect to Landlord and its agents and not participating with any other
available insurance. Tenant shall deliver on the Commencement Date and on each
anniversary thereof to Landlord a certificate evidencing such policies, or other
evidence reasonably satisfactory to Landlord, confirming the terms of such
insurance, confirming that premiums thereon have been paid at least one (1)year
in advance and confirming that the policies are in full force and effect. If Tenant
has a blanket insurance policy in force providing coverage for several properties of
Tenant,including the Premises,Landlord will accept a certificate of such insurance;
provided, the certificate sets forth the amounts of insurance and coverage, such
amounts are at least equal to the amounts required hereinabove,and otherwise such
policy complies with the requirements hereof.
19. Holding Over. Tenant will,at the termination of this Lease by lapse of time or otherwise,
yield up immediate possession:of the Premise to Landlord. If Tenant retains possession of the Premises,or
any part thereof after such termination,then Landlord may, at its option,serve written notice upon Tenant
that such holding over constitutes the creation of a month to month tenancy upon the terms and conditions
set forth in this Lease; provided, however, that the monthly Base Rent shall, in addition to all other sums
which are to be paid by Tenant hereunder, whether or not as additional rent, be equal to 110%of the Base
Rent being paid monthly to Landlord under this Lease immediately prior to such termination.Regardless of
® Landlord's election to extend this Lease on a month-to-month basis, Tenant shall also pay to Landlord all
damages sustained by Landlord resulting from such retention ofpossession by Tenant,including those arising
as a consequence of the loss of any proposed subsequent tenant for any portion of the Premises.
20. Quiet Eniovment. Landlord represents and warrants that it has full right and authority to
enter into this Lease and that Tenant, while paying the rental and performing its other covenants and
agreements herein set forth, shall peaceably and quietly have, hold and enjoy the Premises for the Lease
Term without hindrance or molestation, subject to the terms and provisions of this Lease.
21. Events of Default. The following events shall be deemed to be events of default by Tenant
under this Lease Agreement(individually. an"Event of Default"and collectively, "Events of Default"):
(a) Rent.Tenant shall fail to pay any installment of Base Rent,its Proportionate Share
of Operating Costs,or any other payment to Landlord required herein(collectively,
'Rent")when due,and such failure shall continue for a period of five(5)days from
the date such payment was due;
(b) Vacation.Tenant shall vacate or fail to conduct business within all or a substantial
portion of the Premises while the Premises are tenantable and for a period of in
excess of five (5) consecutive days and for reasons other than force majeure or
remodeling otherwise permitted hereunder. whether or not Tenant is in default of
the payments due under this Lease;
•
15
• (c) Liens. Tenant shall fail to discharge any lien placed upon the Premises in violation
of Paragraph 25 hereof within(20)days after any such lien or encumbrance is filed
against the Premises; or
(d) Other Breach. Tenant shall.fail to comply with any term,provision or covenant of
this Lease(other than the foregoing in this Paragraph 21),and shall not cure such
failure within thirty(30)days after notice;provided, in the event such default does
not consist of a failure to pay Rent and cannot reasonably be cured within such
thirty(30)day period,an Event of Default shall not be deemed to have occurred so
long as Tenant commences an effective cure within said thirty(30)day period and
prosecutes such cure diligently to completion.
22. Remedies. Upon the occurrence of any of such Events of Default. Landlord may, at its
election and in addition to all other remedies available at law or in equity,terminate this Lease through the
delivery of written notice to that effect to Tenant or terminate Tenant's right to possession only, without
terminating the Lease.
(a) Re-Entry Without Termination. Upon any termination of Tenant's right to
possession of the Premises without termination of this Lease, Landlord may, at
Landlord's option, enter into the Premises, remove Tenant's signs and other
evidences of tenancy,and take and hold possession thereof without such entry and
possession terminating this Lease or releasing Tenant,in whole or in part,from any
obligation,including Tenant's obligation to pay Base Rent,its Proportionate Share
of Operating Costs and all other sums payable by Tenant hereunder, for the full
® Lease Term. Landlord may,but need not,relet the Premises or any part thereof for
such rent and upon such terms as Landlord, in its sole discretion, shall determine
(including the right to relet the Premises as part of a larger area and the right to
change the character or the use made of the Premises). In any such case,Landlord
may make repairs,alterations and additions in or to the Premises,and redecorate the
same to the extent Landlord deems necessary or desirable, in its sole discretion.All
rentals and other sums received by Landlord from any such reletting shall be
applied as follows: first, to the payment of any indebtedness other than rent, due
hereunder from Tenant to Landlord: second, to the payment of any costs and
expenses of such alterations and repairs: third, to the payment of Landlord's
expenses of reletting, including, without limitation, broker's commissions,
attorneys' fees and lease inducements, such as moving or leasehold improvement
allowances; fourth,to the payment of Base Rent and other charges due and unpaid
hereunder;and the residue,if any,shall be held by Landlord and applied in payment
of future Rent as the same may become due and payable hereunder.If such rentals
and other sums received from such reletting during any month be less than the Rent
to be paid during said month by Tenant hereunder.Tenant shall pay such deficiency
to Landlord.Such deficiency shall be calculated and paid monthly.Notwithstanding
any such re-entry by Landlord, Landlord may at any time hereafter elect to
terminate this Lease for such previous breach.
(b) Damages in the Event of Termination. It is acknowledged that the damages that
would be incurred by Landlord in connection with the termination of this Lease
• following a default by Tenant would be difficult to estimate or ascertain. In the
16
• event Landlord elects to terminate this Lease, Landlord may, in addition to other
remedies available at law or in equity,recover from Tenant,as liquidated damages,
an amount equal to the sum of the following:(i)all unpaid Rent that is payable by
Tenant hereunder and that accrues for the period of Tenant's occupancy up and
through the effective date of termination; plus (ii) a sum of money equal to the .
entire amount of Rent that would be payable under the Lease for the lesser of the
following two periods, which amount shall be immediately due and payable upon
demand but which shall be discounted to present value using a discount rate equal
to the discount rate of the Federal Reserve Bank of Minneapolis as of the date of
termination plus one percent(1%): (A)the one(1)year period commencing upon
the effective date of termination,or(B)the period commencing upon the effective
date of termination and ending upon the original date of the expiration of the Lease
Term.For purposes of calculating the amount of Rent that would be payable under
the Lease Agreement for the period succeeding the effective date of termination,
such Rent shall be computed on the basis of the average monthly amount of Rent
accruing during the twenty-four (24) month period immediately preceding the
default to which such termination relates(exclusive of any months in which Tenant
received "free" or abated rent concessions); provided, however, if the default
occurs; rior to the expiration of the first twenty-four(24)months of the Lease,then
the Rent shall be computed on the basis of the average monthly amount of Rent
accruing during all months preceding the month in which said default occurred
(exclusive of any months in which Tenant received "free" or abated rent
concessions). To the extent required by law Landlord will have a duty to mitigate
Tenant's damages.
r (c) Entry for Maintenance. Landlord may, at Landlord's option, after notice and 24
hours to Tenant to cure, enter into and upon the Premises if Landlord reasonably
determines that Tenant is not acting within a commercially reasonable time to
maintain,repair or replace anything for which Tenant is responsible hereunder and
correct the same, without being deemed in any manner guilty of trespass,eviction
or forcible entry and detainer and without incurring any liability for any damage
resulting therefrom, and Tenant agrees to reimburse Landlord, on demand, as
• additional rent, for any expenses that Landlord may incur in effecting compliance
with Tenant's obligations under this Lease.
(d) Tenant's Property. Any personal property of Tenant remaining in the Premises
after the expiration or earlier termination of the Lease or of Tenant's right to
possession of the Premises shall be deemed abandoned. Any and all such
abandoned property may be handled.removed and stored,as the case may be,by or
at the direction of Landlord at the sole risk, cost and expense of Tenant, and
Landlord shall in no event be responsible for the value,preservation or safekeeping
thereof.Tenant shall pay to Landlord,upon demand,any and all expenses incurred
in such removal and all storage charges against such property so long as the
property shall be in Landlord's possession or under Landlord's control. Any such
property of Tenant not retaken by Tenant from storage within thirty(30)days after
removal from the Premises shall, at Landlord's option, be deemed conveyed by
Tenant to Landlord under this Lease as by a bill of sale without further payment or
• credit by Landlord to Tenant.
17
• (e) Late Charge. In the event Tenant fails to pay any portion of the Rent payable by
Tenant hereunder within five(5)days of the date that such amount is due,Tenant
shall pay to Landlord on demand a late charge in an amount equal to five percent
(5%)of such installment or other charge that is so overdue in any month,and two
percent(2%)each month thereafter until paid in full,to help defray the additional
cost to Landlord for processing such late.payments. Such late charge shall be
additional rent hereunder and the failure to pay such late charge within five(5)days
after demand therefor shall be an Event of Default hereunder. The provision for
such late charge shall be in addition to all of Landlord's other rights and remedies
hereunder and shall not be construed as liquidated damages or as limiting
Landlord's remedies in any manner.
(f) Miscellaneous. Pursuit of any of the foregoing remedies shall not preclude pursuit
of any of the remedies herein provided or any other remedies available at law or in
equity, nor shall pursuit of any remedy herein provided constitute a forfeiture or
waiver of any Rent due to Landlord hereunder or of any damages accruing to the
non-breaching party by reason of the violation of any term, provision and/or
covenant herein contained. No agreement to accept a surrender by Tenant of its
right or possession of the Premises shall be valid unless in writing signed by
Landlord. No waiver by either party of any violation or breach of any term.
provision and/or covenant herein contained shall be deemed or construed to
constitute a waiver of any other violation or breach of any term, provision and/or
covenant herein contained.Landlord's acceptance of the payment of rental or other
payments hereunder after the occurrence of an Event of Default shall not be
• construed as a waiver of such default,unless Landlord so notifies Tenant in writing.
Forbearance by either party to enforce one or more of the remedies with respect to
any default shall not constitute a waiver thereof, or a waiver of any remedy in
connection with any subsequent default, unless such waiver is acknowledged in
writing. In the event of any litigation to enforce or interpret the terms hereof,the
prevailing party shall be entitled to an award of its reasonable attorneys' fees and
disbursements.
23. Mortgages. Tenant accepts this Lease subject and subordinate to any mortgage(s)now or
at any time hereafter constituting a lien or charge upon the Property or the Premises;provided,however,that
if the holder of any such mortgage elects to have Tenant's interest in this Lease superior to any such
instrument, then, by notice to Tenant from such holder, this Lease shall be deemed superior to such lien,
whether this Lease was executed before or after said mortgage.Tenant shall at any time hereafter on demand
execute any instruments,releases or other documents that may be required by any mortgagee for the purpose
of subjecting and subordinating this Lease to the lien of any such mortgage:provided,it shall be a condition
to Tenant's obligation to subordinate to any future mortgage encumbering the Building that Tenant receives
an agreement from the holder of any such mortgage that,in the event that such holder acquires the Landlord's
interest in the Building, such holder shall recognize the validity of this Lease so long as Tenant is not in
default hereunder beyond any applicable cure periods.
24. Landlord's Default. In the event of any default by Landlord. Tenant will give Landlord
written notice specifying the default with particularity, and Landlord shall thereupon have thirty(30)days
in which to cure any such default;provided,in the event such default cannot reasonably be cured within such
• thirty (30) day period, an event of default shall not be deemed to have occurred so Ion- as Landlord
- 18
• commences an effective cure within said thirty (30) day period and prosecutes such cure diligently to
completion. All obligations of Landlord hereunder will be construed as covenants,not conditions, and all
such obligations will be binding upon Landlord only during the period of its ownership of the Premises and
not thereafter. Provided, however, that any judgment in favor of the Tenant against the Landlord shall
continue to survive against Landlord in the event of a sale of the Premises or an.assignment of the lease to
a third party. No officer, agent, trustee, beneficiary or general or limited partner of Landlord shall be
personally liable for any deficiency. The foregoing shall not limit any right that Tenant might have to obtain
injunctive relief against Landlord or to maintain any suit or action in connection with the enforcement or
collection of damages to the extent that such damages are payable under policies of liability insurance
maintained by Landlord.
25. Mechanic's Liens. Tenant shall have no authority,express or limited.to create or place any
lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of
Landlord or Tenant in the Building,the Property or the Premises,including those who may furnish materials
or perform labor for any construction or repairs. Tenant shall pay all sums legally due and payable on
account of any labor performed or materials furnished in connection with any work perform-ed on the
Premises by Tenant or at Tenant's instance,and Tenant will shall indemnify Landlord from any and all loss,
cost and expense, including reasonable attorneys' fees, based on or arising out of such claims or liens
asserted against the Tenant's leasehold estate or against the right, title and interest of the Landlord in the
Building, the Property or the Premises.Tenant shall give Landlord immediate written notice of the placing
of any such lien or encumbrance against the Building, the Property or the Premises.
26. Personal Property Taxes. Tenant shall be liable for all taxes levied or assessed against
personal property.furniture or fixtures owned by Tenant or placed by Tenant on,in or at the Premises.If any
such taxes for which Tenant is liable are levied or assessed against Landlord or Landlord's property and if
Landlord elects to pay the same,or if the assessed value of Landlord's property is increased by inclusion of
such personal property,furniture or fixtures placed by Tenant on, in or at the Premises,and Landlord elects
to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that portion of such
taxes.
27. Notices. All bills,statements,notices or communications,including changes of address of
either party, which either party may desire or be required to give to the other shall be deemed sufficiently
• given or rendered if in writing and either delivered to the other party personally, sent by registered or
certified mail, return receipt requested. sent by national air courier service, addressed to either party at the
Notice Address shown on the Data Sheet. The time of rendition thereof or the giving of such notice or
communication shall be deemed to be the time when the same is personally delivered to the other party,
deposited in the mail,or delivered to the other party by a national air courier service as herein provided.Any
notice or the return of any access cards, keys, or otherwise to be given from Tenant to Landlord must be
delivered in the manner set forth above.
28. Exclusive Use. Landlord agrees that,without Tenant's written consent,Landlord will not
lease any portion of the Building to any other tenant whose primary business consists of the Tenant use
described in the Tenant Data Sheet contained herein: provided, the restrictions in the Paragraph shall not
apply to any existing tenants or other occupants under leases that permit the conduct of any such use,as the
same may be extended,and apply only to the extent that Landlord may lawfully enforce the same,and shall
automatically terminate upon the earliest to occur of: (i)the termination of Tenant's ri ght to possession of
the Premises; (ii)Tenant's abandonment of the Premises; or(iii)the termination of the Lease.
•
19
1 1
• 29. Hazardous Substances. Tenant shall at all times comply with applicable local, state and
federal laws,ordinances and regulations relating to Hazardous Substances."Hazardous Substances"means
(i)any oil, flammable substances,explosives, radioactive materials, hazardous wastes or substances,toxic
wastes or substances or any other wastes, materials or pollutants that(A) pose a hazard to the Premises,
Building or Property or to persons on or about the Premises,Building or Property or(B)cause the Premises,
Building or Property to be in violation of any hazardous materials laws; (ii) asbestos in any form which is
or could become friable,urea formaldehyde foam insulation,transformers or other equipment that contains
dielectric fluid containing polychlorinated biphenyl,or radon gas;(iii)any chemical,materials or substance
defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous
materials","extremely hazardous waste","restricted hazardous waste", or"toxic substances", or words of
similar import under any applicable local, state or federal law or under the regulations adopted or
publications promulgated pursuant thereto, including,but not limited to,the Comprehensive Environmental
Response.Compensation and Liability Act of 1980,as amended,42 U.S.C. §§9601,et sec.;the Hazardous
Materials Transportation Act,as amended,42 U.S.C. §§ 6901,et SeMc.;the Federal Water Pollution Control
Act, as amended, 33 U.S.C. §§ 1251, et seq.; (iv) any other chemical, material or substance, exposure to
which is prohibited,limited or regulated by any governmental authority or may or could pose a hazard to the
health and safety of the occupants of the Premises, Building or Property or the owners and/or occupants of
property adjacent to or surrounding the Property,or any other person or entity coming upon the Property or
adjacent property;and(v)any other chemical, material or substance that may or could pose a hazard to the
environment. Tenant shall not: (i) use the Premises, Building or Property for the storage of Hazardous
Substances except for such activities that are part of the course of tenant's ordinary business(the"Permitted
Activities":provided,such Permitted Activities are conducted in accordance with all applicable laws,orders,
regulations and ordinances and have been approved in advance in writing by Landlord;(ii)use the Premises.
Building or Property as a landfill or dump;or(iii)install any underground tanks of any type at the Property.
• Tenant shall at its own expense maintain in effect any and all permits, licenses or other governmental
approvals, if any,required for Tenant's use of the Premises and require the same of any subtenants. Tenant
shall make and cause any subtenant to make all disclosures required.of Tenant by any laws,and shall comply
and cause subtenant to comply with all orders concerning Tenant's use of the Premises issued by any
governmental authority having jurisdiction over the Premises and take all action required by such
governmental authorities to bring the Tenant's activities on the Premises into compliance with all
environmental and other laws,rules,regulations and ordinances affecting the Premises.If at any time Tenant
shall become aware, or have reasonable cause to believe,that any Hazardous Substance has been released
or has otherwise come to be located on or beneath the Property, Tenant shall, give written notice of that
condition to Landlord. Tenant shall be responsible for, and shall indemnify, defend and hold Landlord
harmless from and against,all environmental claims, demands, damages and liabilities, including, without
limitation,court costs and reasonable attorneys'fees,if any,arising out,or in connection with the generation,
storage, disposal or other presence of any Hazardous Substance in. on or about the Premises, Building or
Property that occurred during the Lease Term and that was caused or permitted by Tenant or its subtenants.
.The indemnification provided by this Paragraph shall survive the termination of this Lease.
30. Landlord's Work. None.
31. Tenant's Work. At Tenant's cost, Tenant is responsible for obtaining all governmental
permits, including a Certificate of Occupancy.
32. Radius Clause. None
•
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® 33. Relocation of Tenant. In the event of a relocation of Tenant within the center required by
the Lease, Landlord may designate any other space in the Building to be occupied by Tenant in lieu of the
present Premises. Landlord's relocation notice shall set forth the effective date of such relocation, which
shall be at least ninety days after such notice is given.Landlord shall deliver the new Premises to Tenant in
the state substantially similar to the state then existing at the Premises described in this Lease,to the extent
Landlord has approved plans and specifications for the Premises,exclusive of trade fixtures and equipment,
furnishings;decoration,and other items of personal property.The cost of moving Tenant's trade fixtures and
equipment, inventory and items of personal property into the new Premises shall be borne by the Landlord.
The total amount of Base Rent shall abate for any period during which Tenant's operation shall be closed
to the public as a result of the relocation. If the new Premises are smaller or larger than the Premises
described in the Lease, the total amount of Base Rent due hereunder, and Tenant's Proportionate share of
Operating Costs,shall be adjusted proportionately.In the event of the exercise of such relocation option,the
parties shall immediately execute an amendment to this Lease that is reasonable in form and that
memorializes the occurrence and effect of such relocation.
34. Miscellaneous.
(a) Interpretation. Words of any gender used in this Lease shall be held and construed
to include any other gender, and words in the singular number shall be held to
include the plural,unless the context otherwise requires. This Lease is intended to
be construed in accordance with the law of the State in which the Property is
situated.
(b) Successors and Assigns. The terms, provisions and covenants and conditions
• contained in this Lease shall apply to, inure to the benefit of,and be binding upon,
the parties hereto and upon their respective heirs, legal representatives,successors
and permitted assigns, except as otherwise herein expressly provided. Landlord
shall have the right to assign any of its rights and obligations under this Lease:The
term "Landlord" shall mean only the owner, from time to time, of fee title to the
Premises, and in the event of the transfer by such owner of its interest in the
Premises, Landlord's grantee or Landlord's successor shall, upon such transfer,
become"Landlord"hereunder,thereby freeing and relieving the grantor or assignor
of all covenants and obligations of"Landlord"hereunder thereafter accruing, but
such covenants and obligations shall be binding during the term of this Lease upon
each new owner for the duration of such owner's ownership: provided, however,
that no successor Landlord shall be responsible for the return of any Security
Deposit provided for pursuant to Paragraph 5 unless such successor received the
Security Deposit. Tenant agrees to furnish promptly upon demand, a corporate
resolution, proof of due authorization by partners, or other appropriate
documentation evidencing the due authorization of Tenant to enter into this Lease.
Nothing herein contained shall give any other tenant in the Building any enforceable
rights either against Landlord or Tenant as a result of the covenants and obligations
of either party set forth herein.
(c) Captions. The captions inserted in this Lease are for convenience only and in no
way define, limit or otherwise describe the scope of the intent of this Lease,or any
provision hereof, or in any way affect the interpretation of this Lease.
•
21
• (d) Estoppel Certificate. Each party agrees from time to time within ten(10)days after
its receipt of a written request therefore from the other party, to deliver to the
requesting party, or such party's designee, an estoppel certificate concerning the
terms of the Lease and the status of the performance of each party's obligations
hereunder that is in a form reasonably designated by the requesting party.
(e) Amendments. This Lease constitutes the entire agreement of the parties with
respect to its subject matter and may not be altered,changed or amended except by
an instrument in writing signed by both parties hereto.
(f) Survival. All obligations of Tenant hereunder not fully performed as of the
expiration or earlier termination of the Lease Term shall survive the expiration or
earlier termination of the Lease Term, including, without limitation, all payment
obligations with respect to Operating Costs and all obligations concerning the
condition of the Premises. Upon the expiration or earlier termination of the Lease
Term, Tenant shall pay to Landlord the amount, as estimated by Landlord,
necessary (i) to repair and restore the Premises as provided herein: and (ii) to
discharge Tenant's obligation for Operating Costs or other amounts due Landlord.
All such amounts shall be used and held by Landlord for payment of such
obligations of Tenant, with Tenant being held liable for any additional costs upon
demand by Landlord, or with any excess to be returned to Tenant after all such
obligations have been determined and satisfied. Any security deposit held by
Landlord shall be credited against the amount payable by Tenant under this
subparagraph.
• (g) Joint and Several. If there be more than one Tenant, the obligations hereunder
imposed upon Tenant shall be joint and several. .
(h) Brokers. Tenant represents and warrants that it has engaged no broker,.agent or
other person in connection with this transaction.Landlord represents and warrants
that it has engaged no broker, agent or other person in connection with this
transaction.
(i) Severability. If any clause or provision of this Lease is illegal, invalid or
unenforceable under present or future laws effective during the Lease Term,then,
and in that event, it is the intention of the parties hereto that the remainder of this
Lease shall be not affected thereby,and it is also the intention of the parties to this
Lease that in-lieu of each clause or provision of this Lease that is illegal, invalid or
unenforceable,there be added as a part of this Lease a clause or provision as similar
in terms of such illegal, invalid or unenforceable clause or provision as may be
possible and be legal, valid and enforceable.
(j) Recording. Neither party shall record this lease in the real estate records of the
County in which the Property is situated without the prior written consent of the
other party.
•
22
• (k) Former Aereements. This lease document takes the place of any prior lease
agreement, letter of intent, or oral understandings among the parties. Both parties
agree that all prior understandings and leases are superseded by this document.Any
prior agreements are no longer in effect.
THIS LEASE AGREEMENT is executed and delivered as of the day and year first above written.
TENANT: LANDLORD:
VILLAGE BLEND, LLC ST. ANTHONY SHOPPING CENTER, LLC
By: n By:
Its: Y7A nl A Its:
Date: l o l I I v i Date:
•
•
23
• EXIIIBIT"A"
DESIGNATION OF PRENIISES
•
24
. • EXHIBIT"B"
RULES AND REGULATIONS
1. No awning or other projection shall be attached to the outside walls of the Building.No curtains,
blinds, shades,or screens visible from the exterior of the Premises shall be attached to or hung in,.
or used in connection with any window or door of the Premises without the prior written consent of
Landlord. Such curtains, blinds, shades, screens or other fixtures must be of a quality,type, design
and color, and shall be attached in a manner, approved in advance by Landlord.
2. Tenant, its servants, employees, customers, invitees, and guests, shall not obstruct sidewalks,
entrances, passages, corridors, vestibules, or halls in and about the Building which are used in
common with other tenants and their servants,employees, customers,guests and invitees,and which
are not a part of the Premises,provided,however,that Tenant may place tables,chairs,benches,and
umbrellas on sidewalks in front of the demised premises so long as such placement does not
materially interfere with access to common areas.
3. Tenant shall not make excessive noises, cause disturbances or vibrations, or use or operate any
electrical or mechanical devices that emit excessive sound or other waves or disturbances or create
obnoxious odors,any of which may be offensive to the other tenants and occupants of the Building.
4. Tenant assumes full responsibility for protecting its space from theft,robbery,and pilferage;which
includes keeping doors locked and other means of entry to the Premises closed and secured after
normal business hours.
5. In no event shall Tenant bring into the Building flammables,such as gasoline,kerosene,naphtha and
benzine,or explosives or any other article of intrinsically dangerous nature. If, by reason of failure
of Tenant to comply with the provisions of this subparagraph,any insurance premium for all or any
part of the Building shall at any time be increased. Tenant shall be required to make immediate
payment of the whole of the increased insurance premiums.
6. The water and wash closets,drinking fountains and other plumbing fixtures shall not be used for any
purpose other than those for which they were constructed, and no sweepings, rubbish, rags,coffee
grounds or other substances shall be thrown therein. All damages resulting from any misuse of the
fixtures shall be borne by Tenant who shall have caused the same.No person shall waste water by
interfering or tampering with the faucets or otherwise.
7. Tenant shall keep the Premises at a temperature sufficiently high to prevent freezing of water in
pipes and fixtures.
8. Tenant and its servants, employees, agents, visitors, and licensees shall observe faithfully and
comply strictly with the foregoing rules and regulations and such other and further appropriate rules
and regulations as Landlord or its agent may from time to time adopt. Landlord shall give written
notice of any additional rules and regulations.
9. Landlord reserves the right at any time and from time to time as reasonably necessary to rescind,
alter,or waive, in whole or in part,any of these rules and regulations when it is deemed necessary,
• desirable, or appropriate, in Landlord's judgment, for its best interest or for the best interest of
tenants of the Building provided that such actions shall not materially interfere with Tenant's rights
under this Lease.
25
• EXHIBIT"D"
SIGNAGE
I. Each Tenant will be required to identify its premises by a sign.
2. The furnishing and installation of a sign and the costs incurred shall be the responsibility of the
Tenant. Sign construction is to be completed in compliance with this exhibit.'
3. Tenant shall submit to Owner and to the City of St. Anthony for approval all proposed signage to
be mounted on the exterior face of building prior to the signage fabrication.Approval of store design
drawings or working drawings and specifications for Tenant's leased premises docs not constitute
approval of any sign work. Landlord's written approval of Tenant's sign drawing and specifications
is required.
4. Tenant's signs shall be store identity signs only.
5. Tenants will be allocated an area on the exterior sign fascia for their signs. The placement of
Tenant's signs shall be restricted to the allocated area on the exterior sign fascia for their signs.The
exact location and lineal footage to be determined by the Landlord.
6. Auxiliary signage,such as that used for grand openings and sales,shall be subject to approval by the
Landlord, such approval shall not be unreasonably withheld.
•
•
26
• EXI MIT "E"
LANDLORD'S WORK
Landlord shall provide the following improvements to the space as a part of this Lease: None.
Landlord shall repair walls and paint prior to occupancy by Tenant.
•
27
(000) Tailors.
(ppp) Taxi stands without maintenance facilities.
(qqq) Toy stores.
(rrr) Travel agencies.
(sss) Upholstery shops.
(ttt) Veterinary clinics.
1635.03 Permitted Conditional Uses. The following uses are permitted in the C District
only by Conditional Use Permit issued by the Council:
(a) Sexually-oriented businesses which comply with the requirements of Section
1670.
(b) A use permitted under Subsection 1635.02 except for the fact that it has a
drive-through facility.
(c) Assembly, lodge or convention halls.
• (a) Auto repair which includes no storage of autos for parts.
(e) Bus stations of the Metropolitan Transit Operations.
(f) Car washes.
(g) Gasoline station.
(h) Liquor stores and lounges.
(i) Motels.
(j) Video tape sales and rentals.
(k) Body tanning salons.
1) Establishments primarily for the sale of beverages for consumption on the
premises.
(m) Bowling alleys.
(n) Health clubs.
(o) Pool or billiard halls.
16-25
�. (p) Restaurants, cafeterias and deli catessens located less than 250 feet from a
residential structure or district.
(q) Theaters.
(r) Establishments having more than three amusement devices as defined in
Subsection 505.01.
(s) Motorcycle sales and accessories.
(t) Hardware and building material supply store with-outdoor lumber yard,
where (i) the lumber yard is screened in a manner approved by the City
Council, and (ii) the hardware and building material supply store.building
contains at least 30,000 square feet of space.
(u) Laboratories for medical research and testing (except research and testing
which uses animals) that provide services to health care providers.
(v) Computer research and program development.
1635.04 Accessory Uses. Subject to the provisions of Section 1650, the following accessory
uses are permitted in the C District:
• (a) Incidental repair, limited processing or storage necessary to conduct a
permitted principal use if conducted within the principal structure.
(b) Private garages, off-street loading and unloading docks and facilities.
(c) Private swimming pools or other recreational facilities.
(d) Temporary mobile structures for construction purposes only.
(e) Accessory buildings not exceeding one story in height.
1635.05 Dimensional Regulations.
Subd. 1. Height. No structure may exceed 35 feet in height or contain more-than
three stories.
Subd. 2. Lot Area and Width. The minimum lot area is 15,000 square feet, and the
minimum lot width is 100 feet.
Subd. 3. Floor Area Ratio.. The floor area ratio within the C District may not exceed
1.0.
• Subd. 4. Front Yards. The front yard must have a depth equal to the greater of 35
feet or a distance equal to the average of the front yard depths on the two adjacent
lots.
16-26
Subd. 2. Approval in Writing. No permit will be approved by the Council unless the applicant
agrees in writing that as a condition of the approval, "set—ups" will be served only in a room
separate and apart from any room licensed for the sale of intoxicating liquor. A violation of this
provision will be cause for revocation of the permit.
Subd. 3. Fees. Each person obtaining approval of the Council and a permit from the
Commissioner of Public Safety must pay to the Clerk the fee set forth in Section 600.
Approval of the permit may be revoked at any time for cause by the Council in the manner
provided in Section 1000.06, Subd. 4. The revocation will not entitle the holder of the permit
to a rebate of any portion of the fee.
.1000.13 Existing Licenses. Any premises for which an "on—sale" license was in effect on September
14, 1982, will qualify for the issuance or renewal of an "on—sale" license, notwithstanding the fact that
the premises is not a restaurant as defined in Section 1000.01, Subd. 2, if(a) the other requirements for
issuance or renewal of the license are met, (b) the premises has not been without an "on-sale" license
for a period of more than 6 months, and (c) sale of beer for consumption on the premises has not
ceased for a period of more:than 6 months.
1000.14 Consumption. No person may consume intoxicating liquor in a public park, on a public street
or in any public place other than a City on—sale liquor store.
• Section 1005 - ON-SALE WINE LICENSE
1005.01 License Required. A "restaurant", as defined in Section 1001, Subd. 2, may sell wine, not
exceeding 14% alcohol by volume, at retail only for consumption on the restaurant's premises after
obtaining an "on-sale" wine license from the City in accordance with this Section.
1005.02 Application. Applications for an on-sale wine license must be made on forms supplied by the
City.
1005.03 Fees. Applications for licenses must be accompanied by the application processing fee and
the license fee set forth in Subsection 615.06. All such fees will be paid into the general fund of the
City. Upon rejection of any application, the.processing fee will be retained by the City and the license
fee will be refunded to the applicant.
1005.04 Granting of License. The Council will cause an investigation to be made of the facts set forth
in the application. After the investigation, the Council in its discretion may grant or refuse the license;
however, no license will become effective until approved by the Liquor Control Division of the
Minnesota Department of Public Safety. All licensed premises must have the license posted in a
conspicuous place at all times.
•
10-9
1005.05 Conditions. In addition to all applicable state laws and any other applicable provisions of this
:. Code, on—sale wine licenses will be subject to the same conditions for beer licenses as set forth in
Section 1000.06.
1005.06 Minors. The provisions of Section 1000.07 apply to wine.
1005.07 Hours of Operation. Licensees under this Section must observe-the hours restrictions set
forth in Minn. Stat. §340A.504.
1005.08 State Law. Licenses issued under this Section are subject to all provisions of Minn. Stat.
Chapter 340A_ in addition to the provisions of this Section.
1005.09 Temporary Wine Licenses.
(a) The City Council may issue to a club or charitable, religious, or other nonprofit
organization in existence for at least three years a temporary license for the on-sale of
wine in connection with a social event within the City sponsored by the licensee.
(b) The license may authorize the on-sale of wine for not more than three consecutive.days,
and may authorize on-sales on premises other than premises the licensee owns or
permanently occupies.
(c) The license may provide that the licensee may contract for wine catering services with
the holder of a full-year on-sale intoxicating liquor license issued by any municipality.
(d) The licenses are subject to the terms, including a license fee, imposed by the City.
Licenses issued under this subdivision are subject to all laws and ordinances governing
the sale of intoxicating liquor except Minn. Stat. §340A.409 and those laws and
ordinances which by their nature are not applicable.
(e) Licenses under this subdivision are not valid unless first approved by the commissioner
of public safety.
(f) No organization will be issued more than three temporary wine licenses during any 12-
month period.
Section 1010 -MUNICIPAL LIQUOR
1010.01 Definitions. The words used in this Section will have the meanings given them in Minn. Stat.
§340A.101, and the term "liquor" as used in this Code means "intoxicating liquor" as defined in Minn.
Stat. §340A.101.
10-10
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STATE OF MINNESOTA
IN COURT OF APPEALS
C9-01-593
Clay Montella, et al.,
Relators,
VS.
City of Ottertail,
Respondent.
Filed September 18, 2001
Affirmed
Peterson, Judge
Ottertail City Council
• Jason M. Hastings, Krekelberg & Skon.seng,. P.L.L.P., 213 South Mill Street, Fergus Falls,
MN 56537 (for relators)
Terry A. Karkela, Svingen, Athens, Russell, Hagstrom, Haugrud & Karkela, P.L.L.P., 450
Main Street, P.O. Box 160, Perham, MN 56573 (for respondent)
Considered and decided by Toussaint, Chief Judge, Peterson, Judge, and Harten,
Judge.
SYLLABUS
A business that serves only espresso, cappuccino, cheesecakes, desserts,-and hard ice
cream does not serve meals, and, therefore, is not a restaurant as defined under Minn. Stat. §
340A.101, subd. 25 (2000).
OPINION
PETERSON, Judge
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In this appeal from a city council's decision to deny relators' request for a liquor-
. �
license application., relators contend that the city's decision was arbitrary and capricious and
not supported by evidence. We affirm.
FACTS
In 1998, relators Clay and Stacy Montella submitted an application to respondent City
of Ottertail for a conditional-use permit to operate a business within the city. The application
described the business as Brewster's coffeehouse and ice cream parlor and indicated that the
business would serve espresso, cappuccino, cheesecakes, desserts, and hard ice cream. The
application also requested permission to display lawn ornaments and indoor and outdoor
pools and to operate a showroom and offices. At a meeting on rune 18, 1998, the city council
orally granted the application. The parties agree that-the city cannot locate the document that
states the terms of the conditional-use permit.
• Early in 2001, relators contacted the city and orally requested an application for a
liquor license for Brewster's. Relators later orally requested a hearing before the city council,
seeking to modify their conditional-use permit to operate Brewster"s as a restaurant. Before a
hearing was held, relators withdrew their later request and proceeded with their original
request to obtain a liquor license application for Brewster's under the existing conditional-use
permit.
At a meeting on March 15, 2001, the city council addressed relators' request for a
liquor-license application. The meeting minutes state:
[Relators'] liquor license request was again brought up.
Councilman Don Patrick expressed his concern that Brewsters, as
it is now, does not fit the guidelines of a restaurant, as the original
Conditional Use Permit was granted for an ice cream parlor and
coffee house. Continents were made by Atty. Kent Madsen as to
the state of Minnesota's definition of a restaurant and had copies
of certain statutes pertaining to liquor licenses.
• Atty. Krekelberg said his clients, [relators], wanted to
apply for a liquor license under their old Conditional Use Permit,
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and that the City of Ottertail should recognize this request.
The city council determined that Brewster's was not a restaurant and, therefore, could
not be issued a liquor license and orally denied relators' request for a liquor-license
application.
ISSUES
1. Was the city council decision to deny relator's .request for a liquor-license
application unreasonable, arbitrary, capricious, or without evidence to support it?
2. Did the city council make an error of law when it determined that Brewster's is
not a restaurant?
ANALYSIS
I.
A city council's decision may be modified or reversed if
the city violated constitutional provisions, exceeded its statutory
authority, made its decision based on unlawful procedure, acted
• arbitrarily or capriciously, made an error of law, or lacked
substantial evidence in view of the entire record submitted. Our
review is confined to the record before the city council at the time
it made its decision.
In re License of West Side Pawn, 587 N.W.2d 521, 523 (Minn. App. 1998) (citing Minn. Stat.
§ 14.68-.69 (1996)). The party seeldng reversal has the burden of demonstrating error. See
Nevels v. State, Dept of Human Servs., 590 N.W.2d 798, 800 (Minn. App. 1999) (citing
Minn. Stat. § 14.69(d), (e) (1998)).
Relators argue that the city council's decision to deny them a liquor-license
application was unreasonable, arbitrary, and capricious because the council (1) acted on their
oral application without providing a written application forml l]; (2) proceeded with the
hearing without locating their original conditional-use permit, which they contend shows that
they were operating a restaurant; and (3) concluded that the business was not a restaurant
• without proper investigation.
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• Before requiring relators to complete a written application, the city council followed
an informal procedure under which it determined whether Brewster's met the requirements
foureceiving a liquor license. Because Brewster's did not meet the licensure requirements,no
written application was completed. Although the record does not indicate that relators
objected to the informal procedure the city council used, relators argue that the city council
should not have acted without first permitting them to complete a written application. But
relators have not identified any information that would have been provided to the council in a
written application that was not available to the council when it made its decision. Therefore,
relators have not met their burden of demonstrating that acting on their oral application
without providing a written,application form was unreasonable, arbitrary, or capricious.
Similarly, relators have failed to demonstrate that proceeding with the hearing without
locating the original conditional-use permit or determining that Brewster's was not a
• restaurant without conducting an investigation was unreasonable, arbitrary, or capricious.
Relators' conditional-use-permit application sought permission to operate a coffee house and
ice cream parlor where espresso, cappuccino, cheesecakes, desserts, and hard ice cream
would be served. The record contains no evidence, and relators make no claim, either that the
conditional-use permit issued for Brewster's differed in any respect from the application or
that the operation of Brewster's differed in any way from the authority requested in the permit
application. And relators have not cited any evidence that would have been discovered if the
council.had conducted an investigation.
Relators have not satisfied their burden of showing that the city council erred when it
denied their request for a liquor-license application without locating their conditional-use
permit or conducting an investigation.
I�.
• Statutory construction is a question of law subject to de novo review. Hibbing Educ.
,A,ss'n v. Pub. Employment Relations ,8d., 369 N.W.2d 527, 529 (Minn. 1985). This court's
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® objective when construing a statute is to ascertain and effectuate the legislature's intent.
Minn. Stat. § 645.16 (2000).
When a statute is unambiguous, the court must give effect to the
statute's plain meaning. But, when a statute is ambiguous, that is,
when it is reasonably susceptible to more than one interpretation,
the court must determine the probable legislative intent and
construe the statute in a manner consistent with that intent. In
determining legislative intent, the court may consider the need for
the law, the circumstances of its enactment, the purpose of the
statute, the prior law, if any, the consequences of an
interpretation, the legislative history, and administrative
interpretations of the law.
Astleford Equip. Co., Inc. v. Navistar Intn 7 Transp. Corp., 611 N.W.2d 33, 37-38 (Minn.
App. 2000) (citations omitted), rev'd in part on other grounds, N.W.2d (Minn. July
19, 2001). Words in a statute are construed according to their common and approved usage.
Minn. star. § 645.08(1) (2000).
Minn. Stat. § 340A.404, subd. 1 (2000), states:
A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction: (1)
hotels; (2) restaurants; (3) bowling centers; (4) clubs or
congressionally chartered veterans organizations with the
approval of the commissioner, provided that the organization has
been in existence for at least three years and liquor sales will only
be to members and bona fide guests; (5) sports facilities located
on land owned by the metropolitan sports commission; and (6)
exclusive liquor stores.
Relators cite a dictionary[2] that defines "restaurant" as, "A business establishment
where meals or refreshments may be purchased," and that defines "refreshment" as,
"Something (as food or drink) that .refreshes; or plural (1): a light meal (2): assorted light
foods," and argue that Brewster's is a restaurant because refreshments are served there.
But Minn. Stat. § 340A.101, subd. 25 (2000), defines restaurant as
an establishment, other than a hotel, under the control of a single
• proprietor or manager, where meals are regularly prepared on the
premises and served at tables to .the general public, and having a
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minimum seating capacity for guests as prescribed by the
• appropriate license issuing authority.
This definition is narrower than the definition relators cite and limits a restaurant to an
establishment where meals are regularly prepared and served, The statutory definition does
not include a place where only refreshments that are not meals may be purchased.
Relators have cited no evidence of legislative intent that indicates that when the
legislature used the word "meals" in the definition of "restaurant," it was referring to the
coffee and dessert items that are sold at Brewster's. Absent any evidence that the legislature
intended "meals" to be interpreted broadly enough to apply to these items served without any
other food, we conclude that yroarine and serving coffee and dessert does not constitute
preparing and serving a meal. We reach this conclusion because in common usage, the word
meal refers to a group of food items that includes a main course, and frequently includes a
beverage, dessert, and other food items.. Coffee and dessert are.commonly parts of a meal,
• but they are not commonly considered to be a meal by themselves.
Also, if we interpret "meals" to include coffee and dessert served without any other
food, we see no basis for concluding that any other food item served by itself would not be a
meal. The consequence of such a decision would be to change the statutory definition of
restaurant from an establishment that prepares and serves meals to an establishment that
prepares and serves food. Had the legislature intended to define restaurant to include an
establishment that prepares .and serves food of any kind, it could have done so by simply
using the word food, instead of meals.
DECISION
The Ottertail City Council did not err when it determined that because Brewster's
serves only espresso, cappuccino; cheesecakes, desserts, and hard ice cream, it is not a
restaurant and cannot be issued a liquor license.
• Affirmed.
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• 113Relators do not precisely describe the action of the city council that they are challenging.
There is no dispute that relators orally requested an application for a liquor license, and they
did not receive one because the city council determined that Brewster's is not a restaurant.
Relators sometimes describe the council's action as denying them a liquor license application
and at other times as denying them a liquor license. Because it is apparent. that the city
council ultimately decided that Brewster"s does not meet the requirements for obtaining a
liquor license, whether the council denied relators an application or a license does not affect
our analysis.
[23 We have not been able to obtain a copy of the dictionary relators cited in their brief, and
we assume that the definitions they cite are accurately cited.
•
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• MEMORANDUM
DATE: 11/13/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Managerj�
SUBJECT: Michele Rae/Curves for Women Franchise, Conditional Use
Permit
Requested Action:
The applicant, Michele Rae, wishes to obtain a conditional use permit for the operation
of a women's fitness franchise called Curves for Women to be located at 2500 Highway
88.
Background:
The property where the Curves for Women plans to be located, 2500 Highway 88, is
zoned Commercial. Michele Rae's request for a women's fitness center/health club is
allowed in Commercial zoning district by a conditional use permit.
The property located at 2500 Highway 88 is an office building with multiple tenants.
• Michele Rae plans to occupy two sections of the office complex. The Planning
Commission may want to set hours of operation for the franchise.
The Curves for Women is a national franchise. There are locations throughout the Twin
Cities metropolitan area. Curves for Women offers a 30-minute fitness and weight loss
program designed for.women.
Staff Recommendation:
Staff recommends approval of the applicant's request.
Attachments:
• Petitioner's Application
• Date: lP - a0 - G/ Fee: $130.00
CITY OF ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant: M i c H 5-; L f— dZ Phone:H oid - 2 b - 3a�v 9
Address: .1015- IZA & Dkiv f �`l k16H'-,s 6 P AJ 55` .13
Status of applicant (owner, buyer, renter, agent, etc.): t f A5 f- /2 f, N T
Street address and/or legal description of property in question:
j 500 - bU J LO 3214 H'ToN i2)OutkuA(U0 -11'i01 ion, i09
Zoning district in which property is located: S u 60 C o A 200 AL ID1 srR rc r
Conditional use proposed: W O w s"'t) r- ,raJj5s c i 2 H f n cTH c Lu ,b
•
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1) The proposed conditional use is one of the conditional uses specifically listed for the
zoning district in which it is to be located.
yes - ItfALTH CI-U 16
2) The proposed conditional use will not be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity or injurious to property values or
improvements in the vicinity.
lvILL N0T 154 OIr (L�,
3) The proposed conditional use is necessary or desirable at the above location to
provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare of the neighborhood or community.
Signature of applicant: � ,R1
10 =23=01A * 130 . 00
APPLICANTS PLEASE NOTE:
All developers or property owners must submit the following information to the City of
St. Anthony Village by-the Tuesday that is 30 days prior to the meeting of the Planning
Commission or City Council meeting at which the request will be heard at a public
hearing.
1. Complete application for specific request and pay fee.
2. Complete survey and site plans (including measurements), showing building,
driveways, curb cuts, ingress, egress, etc. on the property and in relation to adjacent
sites.
3. Explanation of materials used, and plans for screening, landscaping, fencing and
dumpster enclosures.
4. Drawings of completed buildings, if appropriate to the project, and materials used.
5. Storm water retention and drainage plans. The appropriate water shed district or
water management organization are required to be notified of the project..
• 6. A letter explaining the reason for the variance or conditional use. In the letter,
please describe that the undue hardship is and have all the questions from the
previous side answered completely. An incomplete application will not be
scheduled before the Planning Commission or City Council.
i
Planning Commission
City of Saint Anthony
3301 Silver Lake Road
Saint Anthony,MN 55418
TO: City of Saint Anthony Planning Commission
FROM: Michele Rae
Curves for Women national franchise program offers 30-minute fitness and weight loss facilities
designed for women. This affordable one stop exercise and nutritional guidance program fits
easily into most women's busy schedules. The majority of women, whether in shape or not,
prefer to exercise in an environment designed for women. In addition to wide recognition of the
importance of regular cardiovascular exercise, recent studies have shown that strength training
exercise for women is beneficial in avoiding bone loss associated with aging.
Curves Quickfit System is an exercise circuit that combines strength training and cardiovascular
training. Successful weight loss requires both. The Curves Quickfit System alternates hydraulic
• resistance strength training machines with aerobic recovery stations. Members can perform at
their own rate. In one half-hour, a member can burn up to 500 calories and safely perform all
aspects of a total fitness program. By increasing lean tissue, women will raise their metabolism
and can expect to keep the weight off.
Music makes it fun. An instructor or a cue tape tells members to move to the next station every
35 seconds and check their heart rate every eight minutes. The set-up of the exercise circuit
makes visiting with other members enjoyable and introduces a social aspect to the exercise
program.
Members can exercise as often as they like for an affordable monthly fee. These fees can be paid
on an annual basis or month to month.
Curves for Women Mission Statement:
"We commit our methods, systems, and motivation to helping people, whether a Curves'
member or franchise owner, to help themselves in their quest to attain a better quality of life."
•
MEMORANDUM
DATE: 11/13/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager4u�--
SUBJECT: Wireless Telecommunication Towers and Facilities Ordinance
Requested Action:
The City of St. Anthony is requesting to add to Chapter 16, Zoning and Land Use a new
section, Section 1680: Wireless Telecommunication Towers and Facilities, and repeal
Section 1160: Antennas and Towers under Chapter 11, Penal Regulations.
Background:
The Planning Commission reviewed the ordinance in its entirety at its September 18
meeting. The public hearing for the ordinance is November 20.
The new wireless antenna ordinance is product of a culmination of hard work by a
Planning Commission subcommittee. While the issue was studied, there was a
moratorium on the construction or erection of antennas and communication towers. The
• moratorium expired October-18, 2001.
The new ordinance is comprehensive and establishes building and design standards
and placement. The new ordinance creates a Telecommunication Overlay District
(TOD), or permitted use areas, as well as a process for obtaining a conditional use
permit outside of the District.
The City Attorney's Office has eliminated and/or combined the language found in
Chapter 11 (Section 1160). The language pertaining to dish antennas was integrated
into the new wireless ordinance.
Staff Recommendation:
Staff recommends approval.
Attachments:
• Section 1680: Wireless Telecommunication Towers and Facilities
• CHAPTER 16. ZONING AND LAND USE
SECTION 1680—WIRELESS TELECOMMUNICATION TOWERS AND FACILITIES
1680.01. Council Findinigs. The Communications Act of 1934 as amended by the
Telecommunication Act of 1996 grants the Federal Communications Commission jurisdiction
over many aspects of telecommunications services. The City's regulation of Towers and WTFs
in the City will not have the effect of prohibiting any person from providing wireless
telecommunications services in violation of the Act.
1680.02. Purpose. The general purpose of this Section is to regulate the placement,
construction, and modification of Towers and WTFs in order to protect the health, safety, and
welfare of the public, while at the same time encouraging the development of the competitive
wireless telecommunications marketplace in the City. The specific purposes of this Section are:
(a) To allow the location of telecommunication Towers and WTFs in the City;
(b) To protect residential areas from potential adverse impact of Towers and WTFs;
(c) To minimize adverse visual impact of Towers and WTFs through careful design,
siting, landscaping, and innovative camouflaging techniques;
(d) To promote and encourage shared collocation of Towers and Antenna support
® structures as a primary option rather than construction of additional-single-use
Towers;
(e) To promote and encourage utilization of technological designs that will either
eliminate or reduce the need for erection of new Tower structures to support
WTFs;
(f) To avoid potential damage to property caused by Towers and WTFs by ensuring
such structures are soundly and carefully designed, constructed,modified,
maintained, and removed when no longer used or are determined to be
structurally unsound;
(g) To ensure that Towers and WTFs are compatible with surrounding land uses;
(h) To overcome the potential adverse impacts that poorly or unregulated Towers and
WTFs could have on the public health, safety and welfare; and
(i) Enhance the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficiently.
•
1680.03. Definitions. For the purposes of this Section,the following terms,phrases, words, and
their derivatives shall have the meanings stated below:
Subd. 1. Antenna. Any exterior transmitting or receiving device mounted on a Tower,
building or other structure and used in communications that radiate or capture electromagnetic
waves; digital signals, analog signals, radio frequencies (excluding radar signals)'
telecommunication signals or other communication signals.
Subd. 2. Collocation. The sharing of structures by two or more wireless service
providers on a single support structure or otherwise sharing a common location.
Subd. 3. Dish Antenna. A parabolic shaped antenna(including all supporting apparatus)
which is used for transmitting or receiving telecommunication, television or radio signals, which
is located on the exterior of, or outside of, any building or structure.
Subd. 4. Height. When referring to a Tower or other structure,the distance measured
from the finished grade of the parcel to the highest point on the Tower or other structure,
including the base pad and any Antenna.
Subd. 5. Monopole. A slender self-supporting Tower used to support
telecommunications equipment.
• Subd. 6. Tower. Any pole, spire, or other structure, including supporting lines, cables,
wires, braces and masts, intended primarily for the purpose of mounting an Antenna or similar
apparatus above grade.
Subd. 7. Wireless Telecommunications Facility(WTF). Any cables, wires, lines, wave
guides,Antennas, and any other equipment or facilities associated with the transmission or
reception of communications (other than radio or television broadcast communications)which a
person seeks to locate or have installed upon or near a Tower, building or structure, but shall not
include:
(a) Any satellite earth station Antenna two meters in diameter or less which is located
in any light industrial or commercial zoning district;
(b) Any satellite earth station reception Antenna one meter or less in diameter,
regardless of zoning district;
(c) Automatic meter reading systems;
(d) Military, federal, state and local government communication Towers and
Antennas used for navigational purposes, emergency preparedness or public
safety purposes; and .
(e) A WTF to the extent that a permit issued by the Federal Communications
• Commission or state authority specifically provides that such WTF is exempt
from local regulation.
2
• Section 1680.04. Towers and Wireless Telecommunication Facilities Building and Design
Standards. All Towers and WTFs must be constructed in accordance with the following
standards:
Subd..1. Siting. WTFs located on or attached to existing structures are regulated by the
provisions of the zoning district for each parcel. Towers may only be located on parcels within
commercial and light industrial zoning districts(as defined by the City's zoning and land use
regulations) and on City-owned property. Towers are not permitted in public rights-of-way.
Subd. 2. Color and Architecture. All WTFs shall be concealed or camouflaged and shall
utilize materials, colors, textures, screening and landscaping to blend in with the surrounding
natural setting and built environment. If a WTF is proposed on any part of a building or
structure, it must blend with such structure's design, architecture and color, including exterior
finish. The term"camouflage" shall not mean invisible, but rather appearing as part of another
structure, such as a building, wall or roof, or designed to appear as another structure, such as a
building, clock tower, chimney, flag pole, light pole or tree.
Subd. 3. Landscaping. The following requirements shall govern the landscaping
surrounding Towers; provided, however, that the City Council, after considering the
recommendation of City staff, may waive such requirements if the visual impact of a proposed
Tower or WTF would be minimal or if the purposes of this Section would otherwise be better
served thereby.
• (a) Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the Tower compound from property used for
residences. The standard buffer shall consist of a landscaped strip at least four(4)
feet wide outside the perimeter of the compound.
(b) Existing mature tree growth and natural land forms on the site shall be preserved
to the maximum extent possible. In some cases, such as Towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer. Existing mature trees and other vegetation at the site shall be preserved to
the maximum extent possible.
Subd. 4. Signs. The use of any portion of a Tower or WTF for signs or advertising other
than warning or equipment information signs is prohibited.
Subd. 5. Lighting. WTFs or Towers shall not be illuminated by artificial means and
shall not display strobe lights unless such lighting is specifically required by the Federal Aviation
Administration or other federal or state authority. When incorporated into the approved design of
a WTF, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached
to the Tower.
Subd. 6. Monopole. New Towers shall be of a monopole design, without guide wires,
• unless the City Council determines that an alternative design would better blend into the
surrounding environment.
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• Subd. 7. Setbacks. Towers and WTFs shall comply with the principal structure setbacks
of the underlying zoning district and the following additional standards:
(a) The Tower or WTF is set back from all-residential dwellings at least one(1) foot
for each foot in height.
(b) Towers and WTFs shall not encroach upon any easements unless permission is
obtained from the underlying property owner and holder of the easement.
(c) Towers and WTFs shall not be located between a principal structure and a public
street.
(d) The required setbacks may be reduced or the location in relation to a public street
modified, at the sole discretion of the City, when the WTF is integrated into an
existing or proposed structure such as a building, light or utility pole.
Subd. 8. Height.
(a) The height of any Tower shall not exceed seventy-five (75) feet.
(b) Antennas located on an existing structure that is taller than the limit allowed in the
underlying zoning district may extend up to five (5) feet above the height of the
• structure.
Subd. 9. Safety and Environmental Standards.
(a) Building codes; safety standards. To ensure the structural integrity of Towers, the
owner of a Tower shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable standards
for Towers that are published by the Electronic Industries Association, as
amended from time to time. If, upon inspection, the City concludes that a Tower
fails to comply with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the Tower, the
owner shall have thirty (30) days to bring such Tower into compliance with such
standards..Failure to bring such Tower into compliance within such 30-day period
shall constitute grounds for the removal of the Tower or Antenna at the owner's
expense.
(b) Interference with Public Safety Telecommunications. No Tower or WTF shall
interfere with public safety telecommunications. All Towers and WTFs shall
comply with FCC regulations and licensing requirements.
(c) Security Fencing. Towers shall be enclosed by security fencing not less than six
feet in height and shall also be equipped with an appropriate anti-climbing device;
• provided however, that the City Council, after considering the recommendations
of the City staff, may waive such requirements, as it deems appropriate.
4
• (d) Noise. If the proposed WTF includes equipment that causes or a WTF otherwise
causes significant increased sound levels, sound buffers may be required
including but not limited to, baffling, barriers, enclosures, walls and plantings.
(e) Radio Frequency Emissions and Interference. WTFs must comply with Federal
Communication Commission standards for radio frequency emissions and
interference.
(f) Risk of Danger. Towers and WTFs shall not pose _an unreasonable risk of
explosion, fire or other danger due to its proximity to volatile, flammable,
explosive or hazardous materials.
(g) Maintenance. All commercial Towers or WTFs shall at all times (i) be kept and
maintained in good condition, order, and repair so that the same shall not menace
or endanger the life or property of any person, and (ii) allow sufficient access for
service vehicles and personnel.
Subd. 10. Collocation Requirements. To every extent possible:
(a) All proposed WTFs shall be placed on an existing Tower, building or structure
located within one-half mile of the desired location for such proposed WTF;
• (b) All wireless telecommunication providers shall cooperate with,each other in
collocating WTFs and shall exercise good faith in collocating with other licensed
carriers and in the sharing of sites, including the sharing of technical information
necessary to evaluate the feasibility of collocation. In the event a dispute arises as
to a collocation issue, the City may require a third-party technical study to
evaluate the feasibility of collocating at the expense of either or both wireless
telecommunications providers;
(c) All new Towers and any pre-existing Tower owned by a wireless
telecommunications provider shall be made available for use by the owner or
initial user thereof, together with as many other licensed carriers as can be
technically located thereon;
(d) If determined appropriate by the City, all new Towers shall be designed and
constructed in such a manner as to accommodate at least one other comparable
WTF in addition to the applicant's; and
(e) All new wireless telecommunications Towers that are less than seventy-five
(75) feet shall be designed and constructed in a manner that allows such Tower
to be expanded_ to a height of seventy-five (75) feet in order to allow for future
collocation.
•
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• Subd. 11. Exceptions to Collocation. The City may waive any or all of the collocation
requirements if it is determined that:
(a) The planned WTF would exceed the structural capacity of the existing or
approved Tower, building or structure, as documented by a qualified and licensed
professional engineer, and the existing or approved Tower, building or structure
cannot be reinforced, modified, or replaced to accommodate planned or
equivalent equipment.
(b) The planned WTF would cause interference materially impacting the usability of
other existing or planned WTFs at the structure as documented by a qualified
radio frequency engineer selected by the City and the interference cannot be
prevented.
(c) No existing Tower, building or structure within an applicant's search radius can
or will accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified radio frequency engineer selected by the
City.
Section 1680.05. Permitted Uses/Administrative Approval. Towers and WTFs shall be a
permitted use in a Light Industrial district, as described in Section 1610 of the Code, and on
City-owned property. Towers and WTFs proposed in a Light Industrial district or on City-
owned property may be administratively approved.
Subd. 1. The following provisions shall govern the issuance of administrative approvals
for Towers and WTFs:
(a) Each applicant for administrative approval shall submit an application to the City
Manager providing the information set forth in Section 1680.07, when applicable,
and a nonrefundable fee as established by resolution of the City Council to
reimburse the City for the costs of reviewing the application.
(b) The City Manager shall review an application for administrative approval of a
Tower or WTF and determine if the proposed use complies with this Section.
(c) The City Manager shall respond to each such application within sixty(60) days
after the filing of the application by either approving or denying the application.
If the City Manager fails to respond to the applicant within said sixty(60) days,
then the application shall be deemed to be approved, unless said time has been
extended under Minnesota Statutes, Section 15.99.
(d) In connection with any such administrative approval,the City Manager may, in
order to encourage shared use, or the use of alternative Tower structures,
administratively waive or modify any zoning district setback requirements in or
separation distances between Towers by up to fifty percent (50%).
•
6
• (e) If an administrative approval is denied,the applicant may file an appeal to the
City Council. Any appeal must be filed by the applicant within thirty(30) days of
the receipt of the City Manager's decision.
Subd. 2. The following uses may be approved by the City Manager after conducting an
administrative review:
(a) Locating a Tower or WTF, including the placement of additional buildings or
other supporting equipment used in connection with a Tower or WTF, in any
Light Industrial district or on city-owned property.
(b) Locating Antennas on existing structures or Towers consistent with the terms of
subsections (a) and (b) below:
(1) Antennas on existing structures. Any WTF proposed to be affixed.to an
existing building or structure may be approved by the City Manager as an
accessory use to such building or structure,provided: (i)the Antenna does
not extend more than thirty(30) feet above the highest point of the
building or structure; (ii) the Antenna complies with all applicable federal
regulations; and (iii)the Antenna complies with all applicable building
codes.
(2) Antennas on existing Towers. Any WTF which is proposed to be attached
• to an existing Tower may be administratively approved by the City
Manager and, to minimize adverse visual impacts associated with the
proliferation and clustering of Towers, collocation of Antennas by more
than one carrier on existing Towers shall take precedence over the
construction of new Towers, provided such collocation is accomplished in
a manner consistent with the following: (i) a Tower which is modified or
reconstructed to accommodate the collocation of an additional Antenna
shall be of the same Tower type as the existing Tower,unless the City
Manager allows reconstruction as a monopole.
Section 1680.06. Permitted Conditional Uses. -
Subd. 1. General. Unless a permitted use in accordance with Section 1680.05, a Tower
or WTF shall be permitted only if a conditional use permit has been issued for that use by
the City Council. The following provisions shall govern the issuance of conditional use
permits for Towers or WTFs by the City Council:
(a) Applications for conditional use permits under this Section shall be subject to the
procedures and requirements of Section 1665.04 of this Code, except as modified
in this Section.
7
(b) In granting a conditional use permit,the City Council may impose conditions to
the extent necessary to minimize any adverse effect of the proposed Tower or
WTF on adjoining properties.
(c) Any information of an engineering nature that the applicant submits, whether
civil,mechanical, or electrical, shall be certified by a licensed professional
engineer.
(d) An applicant for a conditional use permit shall submit the information described
in this Section and a non-refundable fee as established by resolution of the City
Council to reimburse the City for the costs of reviewing the application.
Subd. 2. Towers. In addition to any information required for applications for conditional
use permits pursuant to Section 1665.04 of this Code, applicants for a conditional use permit for
a Tower shall submit the following information:
(a) A scaled site plan clearly indicating the location,type and height of the proposed
Tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways, proposed means of access, setbacks from property lines, elevation
drawings of the proposed Tower and any other structures, topography, parking,
and other information deemed by the City staff to be necessary to assess
compliance with this Section.
(b) The legal description of the property on which the proposed Tower is to be
constructed.
(c) The setback distance between the proposed Tower and the nearest residential
property.
(d) The separation distance from other Towers and, if known, the type of construction
of the existing Tower(s) and the identity of the owner(s)/operator(s) of the
existing Tower(s).
(e) A landscape plan showing specific landscape materials.
(f) Method of fencing, and finished color and, if applicable,the method of
camouflage.
(g) A statement of compliance with all applicable federal, state or local laws.
(h) A notarized statement by the applicant as to whether construction of the Tower
will accommodate collocation of additional Antennas for future users.
(i) A description of the suitability of the use of existing Towers, other structures or
alternative technology not requiring the use of a Tower or new structure to
provide the services to be provided through the use of the proposed new Tower.
8
(j) A description of the feasible location(s) of future Towers or WTFs within the City
based upon existing physical, engineering, technological or geographical
limitations in the event the proposed Tower is erected.
Subd. 3. Factors considered in granting conditional use permits for Towers. In addition
to any standards for consideration of conditional use permit, applications pursuant to Section
1665.04 of this Code,the City Council shall consider the following factors in determining
whether to issue a conditional use permit, no one of which shall be conclusive, although the City
Council may waive or reduce the burden on the applicant of one or more of these criteria if City
staff or City Council concludes that the goals of this chapter are better served thereby:
(a) Height of the proposed Tower;
(b) Proximity of the Tower to residential structures and residential district
boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the Tower, with particular reference to design characteristics that have
• the effect of reducing or eliminating visual obtrusiveness;
(g) Proposed ingress and egress; and
(h) Availability of suitable existing Towers, other structures, or alternative
technologies not requiring the use of Towers or structures.
Subd. 4. No new Tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the City Council,that there is no existing Tower, structure or
alternative technology not requiring a Tower or structure,that can accommodate the applicant's
proposed WTF or Tower. An applicant shall submit information requested by the City Council
related to the availability of suitable existing Towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing Tower, structure or alternative technology
can accommodate the applicant's proposed WTF may consist of any of the following:
(a) No existing Tower or structure is located within the geographic area that meet
applicants engineering requirements.
(b) Existing Towers or structures are not of sufficient height to meet applicant's
engineering requirements.
(c) Existing Towers or structures do not have sufficient structural strength to support
• applicant's proposed WTF and related equipment.
9
• (d) The applicant's proposed WTF would cause electromagnetic interference with one
or more WTFs on existing Towers or structures, or a WTF on the existing Towers
or structures would cause interference with the applicant's proposed WTF.
(e) The fees, costs, or contractual provisions required by the owner in order to share,
an existing Tower or structure or to adapt an existing Tower or structure for
sharing are unreasonable. Costs exceeding new Tower development are
presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting factors that render
existing Towers and structures unsuitable.
(g) The applicant demonstrates that an alternative technology that does not require
the use of Towers or structures, such as a cable microcell network using multiple
low-powered transmitters/receivers attached to a wireline system, is unsuitable.
Costs of alternative technology that exceed new Tower or Antenna development
shall not be presumed to render the technology unsuitable.
Subd. 5. Separation. All Towers for which a conditional use permit is required shall be
separated by a minimum of seven hundred fifty(750) feet between the proposed Tower and any
pre-existing Tower; provided, however, that the City Council, after considering any
• recommendations of City staff, may reduce the standard separation requirements if the purposes
of this Section would be better served thereby. The separation distance shall be measured by
drawing or following a straight line between the base of the existing Tower and the proposed
base,pursuant to a site plan, of the proposed Tower.
Section 1680.07. Applications for Towers and WTFs.
Subd. 1. Application. In addition to an applicant's name, address,proposed site for a
WTF Antenna or Tower, site plan, grading and landscaping plans, written permission of the
property owner(unless such property owner is the City), and other such similar information, an
application for a conditional use permit, building or other permit relating to the installation or
construction of a WTF or Tower, the applicant shall include the following:
a A statement indicating that failure to comply with the conditions of approval
( ) g P Y PP
shall result in the revocation of the permit and removal of the WTF and/or Tower.
(b) A statement indicating that the expenses incurred by the City to enforce the
provisions of the permit shall be reimbursed by the applicant.
(c) A statement which requires the applicant to utilize the procedures established by
the Federal Communications Commission to resolve any complaints received
relating to interference allegedly caused by the facility.
10
• (d) A statement indicating the applicant will cooperate in good faith and fair dealing
in collocating WTFs.
(e) A statement indicating that the WTF or Tower will be maintained in good and
safe condition and its original appearance and concealment, disguise or
camouflage elements incorporated-into the design at the time of approval shall be
preserved. Such maintenance shall include, but is not limited to,painting, repair
of equipment, and maintenance of landscaping.
(f) A statement authorizing the City to enter the property for the purpose of periodic
inspections to determine that the site complies with the provisions of this Section,
any conditions of approval and all safety and building codes and permits issued.
This statement shall give the City the right to conduct such inspections at any time
upon reasonable notice to the property owner(s), and that all expenses related to
such inspection shall be borne by the applicant.
(g) A statement indicating that the applicant understands that a Tower or WTF which
has not been used for twelve (12) successive months shall be deemed abandoned
and may, at the sole discretion of the City,be required to be removed in the same
manner and pursuant to the same procedures as for dangerous or unsafe structures
established by Minnesota Statutes, Section 463.16.
• (h) A written acknowledgment of the property owner indicating that the removal of
any unused or abandoned Tower or WTF or portions of any such Towers or
WTFs are ultimately the responsibility of the property owner.
(i) A statement requiring the applicant to notify the City that the WTF continues to
be in operation. The notice of continuing operation shall be hand delivered or sent
to the City Manager annually by certified mail during the last two weeks of the
month of December.
Subd. 2. Escrowed Funds. At the time of application for a Tower or WTF conditional use
or building permit, an escrow deposit shall be posted in an amount determined from time to time
by City Council resolution. No interest shall accrue on any such escrowed funds. The City may
charge against this deposit to recover its costs for reviewing the Tower or WTF application.
These costs may include, but are not limited to, City staff time over and above that covered by
the application fee, consultants' fees, and fees for third-party review. If a Tower or WTF permit .
is approved, as a condition of approval, deposit of additional escrow funds may be required. The
City will charge against this deposit to offset the City's costs to monitor construction and ensure
compliance with the conditions of approval and standards in this Section. These charges may
include, but are not limited to, City staff time, consultants' fees, and fees for third-party review,
monitoring, and inspection. Once construction has been completed and the applicant has
complied with all conditions of approval, any remaining deposit funds shall be refunded to the
party, or entity that posted the escrow deposit. Refunds of the deposit shall not be construed to
limit the City's ability to recover future costs associated with review or monitoring on-going
operation of the WTF or future modifications, amendments, or transfer of the facility.
11
Subd. 3. Assessments. In the event the City incurs charges relating to the enforcement of
Us Section, including without limitation expenses relating to third-party consultants and
removal of abandoned Towers and WTFs, the City reserves the right to assess the property
owner for such charges in the same manner in which the City assesses and collects real property
taxes.
Section 1680.08. Nonconforming Uses.
Subd. 1. Collocation of Additional Antennas. Antennas that are collocated, in
accordance with the provisions of this Section, shall not be deemed to constitute the expansion of
a nonconforming use or structure.
Subd. 2. Preexisting Towers. Preexisting Towers shall be allowed to continue their
usage as they presently exist. Routine maintenance shall be permitted on such preexisting
Towers. New construction other than routine maintenance on a preexisting Tower shall comply
with the requirements of this Section.
Subd. 3. Rebuilding damaged or destroyed nonconforming Towers or Antennas. A
nonconforming Tower, Antenna or WTF that is damaged or destroyed by wind, storm, fire or
similar acts of God may be rebuilt without having to first obtain administrative approval or a
conditional use permit. The type, height, and location of the Tower or WTF shall be of the same
® type and intensity as the original facility approval. Building permits to rebuild the facility shall
comply with the then applicable building codes and shall be obtained within 180 days from the
date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the
Tower or Antenna shall be deemed abandoned as specified in Section 1680.09.
Subd. 4. Nonconforming Use/Abandonment. A nonconforming Tower or WTF that
becomes nonfunctional for thirty(30) consecutive days shall be deemed abandoned.
Section 1680.09. Removal of Abandoned Towers and WTFs. Any Tower or WTF that is not
operated for a continuous period of twelve (12)months shall be considered abandoned, and the
owner of such Tower or WTF shall remove the same within ninety(90) days of receipt of notice
from the City of such abandonment. Failure to remove an abandoned Tower or WTF within
such 90-day period shall be grounds for-the City to remove the Tower or WTF at the property
owner's expense. If there are two or more users of a single Tower,then this.provision shall not
become effective until all users cease using the Tower for a continuous period of twelve (12)
months.
Section 1680.10. Regulation of Dish Antennas.
Subd. 1. Permits. No Dish Antenna may be erected, constructed or placed, or re-erected,
re-constructed or replaced, anywhere'within the City without first making an application for and
obtaining a permit from the City,except for the following:
•
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(a) Dish Antennas not greater than nine square feet in cross sectional area,
which do not exceed six feet in height as measured from the base of the
Dish Antenna to the highest point of the Dish Antenna.
(b) - Dish Antennas and towers erected or constructed by the City for City .
purposes.
Subd. 2. Location. The following additional requirements apply Dish Antennas located
in any residential district:
(a) Dish Antennas greater than nine square feet in area may not be located on
the roof or exterior wall of a principal or accessory building.
(b) Dish Antennas may be located only in the rear yard.
(c) No Dish Antenna may be located or maintained, at any time,permanently
or temporarily, closer to the allowed buildable area of a principal building
on any adjacent lot than it is to the principal building on the lot on which it
is located.
Subd. 3. Screening. The Building Official may require, as a condition to a permit, that a
Dish Antenna installed in a nonresidential district be screened from residential districts located
® within 100 feet of the Dish Antenna.
Subd. 4. He_ ight. Dish Antennas in residential districts may not be in excess of 12 feet in
height, measured from the ground elevation at the base of the Dish Antenna to the highest point
of the Dish Antenna. In all other zoning districts, Dish Antennas may have an overall height of
no more than 18 feet for either a ground mount or roof mount, as measured from the point at
which the antenna is mounted to the roof or the ground elevation to the highest point of the Dish
Antenna.
Section 1680.11. Repeal of Section 1160. Section 1160 of the City's Code of Ordinances is
hereby repealed in its entirety.
•
13
• MEMORANDUM
DATE: 11/14/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager j'
SUBJECT: Proposed Massage Therapy Ordinance
Requested Action:
Review the attached proposed massage therapy ordinance and begin to discuss some
of the issues on November 20.
Background:
Currently, therapeutic massage businesses are allowed in the Commercial zoning
district in St. Anthony (Section 1635.02eee). A certificate of occupancy is required to
have this type of business. This is obtained by displaying to the City Manager that the
practitioners at the business all have a certificate from a massage school showing
completion of courses. These requests are handled administratively.
Recently, arrests were made at one massage operation for prostitution. Under the
• present City Ordinance therapeutic massage is not a defined term and the City does not
require a license, making it very difficult to stop the operation of a massage operation
where prostitution may be occurring. By requiring massage operations to obtain a
business license and providing certain clearly delineated standards for operation, the
City may more effectively regulate these activities and ensure that only legitimate
massage operations are in the City.
The City Attorney's Office has drafted the attached ordinance. It is based on the City of
Edina's massage parlor ordinance. The ordinance limits the number of businesses
offering therapeutic massage. The ordinance speaks to investigation and
approval/denial of application, including the suspension or revocation of the license and
specifically provides that any conviction for prostitution or any other crime or violation
involving moral turpitude results in a revocation of the license. If the City adopted this
ordinance in December, the City could give existing businesses some period, like 40-60
days, to comply and get a license to operate in St. Anthony.
Staff Recommendation:
Staff recommends the Planning Commission set the public hearing for the new
therapeutic massage ordinance for December 18.
Attachments:
• Proposed Massage Therapy Ordinance
• City Attorney Correspondence
DORSEY & WHITNEY LLP
MINNEAPOLIS SUITE 1500 COSTA MESA
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SEATTLE MINNEAPOLIS, MINNESOTA 55402-1498 FARGO
DENVER TELEPHONE: (612) 340-2600 HONG KONG
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FAX: (612) 340-2868
NORTHERN VIRGINIA ROCHESTER
DES MOINES www.dorseylaw.com TOKYO
LONDON
M[SSOULA
ANCHORAGE JEROME P. GILLIGAN VANCOUVER
SALT LAKE CITY (612)340-2962 TORONTO
FAX(612)340-2644
BRUSSELS giUigan.jerome@dorseylaw.com SHANGHAI
November 14, 2001
Ms. Sue Henry
Assistant City Manager
City of St. Anthony
3301 Silver Lake Road N.E.'
St. Anthony, MN 55418-1603
Re: Massage Parlor Ordinance
• Dear Sue:
I have prepared an ordinance that requires a business license to be issued by the City for
any massage parlor operating in the City and regulating the operations of massage parlors.
Presently the City Code provides that "therapeutic massage" is a permitted use in the
Commercial District. It is my understanding that there is a couple of massage parlors operating
in the City and that there has recently been arrests made for prostitution at one of the massage
parlors.
Under the present City Code "therapeutic massage" is not a defined term and the City
does not require a business license to operate a massage parlor. This makes it very difficult for
the City to stop the operation of a massage parlor where prostitution may be occurring. By
requiring massage parlors to obtain a business license and providing certain clearly.delineated
standards for operation of massage parlors, the City may more effectively regulate these
activities and ensure that only legitimate massage parlors are operating in the City.
The ordinance provides for a detailed application to be filed for the license by the
applicant, an investigation of the applicant by the Police Department and standards for the
Manager to deny the issuance of the license. The ordinance also provides that the applicant must
make a capital investment of at least $10,000 in the premises where the massage parlor is to be,
located and provides for certain construction requirements. The ordinance limits the operation of
the massage parlor between 7:00 a.m. and 10:00 p.m. The ordinance provides for the suspension
• or revocation of the license and specifically provides that any conviction for prostitution or any
other crime or violation involving moral turpitude results in a revocation of the license.
DORSEY & WHITNEY LLP
•
Ms. Sue Henry
November 14, 2001
Page 2
The ordinance is based on an ordinance of the City of Edina that has been in place for a
number of years. The ordinance does not apply to massages by persons licensed to practice
medicine, surgery, osteopathy, chiropractic, physical therapy, or to a business establishment
where the principal activity is not providing massages and the business meets certain conditions
including that the annual gross license of the business from performing massages is less than
25% of the totai gross revenue of the business.
Should you have any questions, please call me.
Yours Truly,
J o P. Gilligan
•
• CITY OF ST. ANTHONY
ORDINANCE 2001-003
AN ORDINANCE RELATING TO PHYSICAL CULTURE AN_ D
HEALTH SERVICES AND CLUBS; ADDING
SECTION 575 TO THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. The St. Anthony City Code is hereby amended by adding Section 575 as follows:
Section 575 —PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS
575.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall
have the stated meanings:
Massage. The rubbing, pressing, stroking, kneading, tapping, rolling,pounding,
vibrating, or stimulating the superficial parts of the human body with the hands or any
instrument by a person who is not duly licensed by the State to practice medicine,
surgery, osteopathy, chiropractic,physical therapy or podiatry.
"Physical Culture and Health Services," "Physical Culture and Health Club,"
"Reducing Club," "Reducing Salon," "Massage Parlor." Any building, room,
structure, place, or establishment used by the public other than a hospital, sanitarium, rest
home, nursing home, boarding home or other institution for the hospitalization or care of
human beings, duly licensed under the provisions of M.S. 144.50 through 144.703,
inclusive, where non-medical and non-surgical manipulative exercises or massages are
practiced upon the human body for a fee or other valuable consideration by anyone not
duly licensed by the State to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, with or without the use of mechanical, therapeutic, or
bathing devices.
575.02 Business License Required.
Subd. 1 Limitiny,Business Licenses. It is found and determined that the type of business
activity subject to being licensed under this Section is particularly subject to abuse which
may take a number of forms contrary to the morals, health, safety and general welfare of
the community. Further, it is found that control of these abuses requires intensive efforts
of the Police Department as well as other departments of the City. These efforts exceed
those required to control and regulate other business activities licensed by the City. This
concentrated use of City services tends to detract from and reduce the level of service
available to the rest of the community and thereby diminishes the ability of the City to
promote the general health, welfare, morals and safety of the community. Therefore, the
• number of business licenses which may be in force under this Section at any one time
shall not exceed
• Subd. 2 Requiring License and Defining Businesses Operating within City. No person,
partnership, corporation, or other organization shall operate a physical culture and health
service or club, reducing club or salon, or massage parlor within the City, either
exclusively or in connection with any other operation or enterprise, unless such business
is,currently licensed under this Section.
Subd. 3 Certain Businesses Exempt.
A. The preceding provisions of this Section notwithstanding,no business license
.shall be required for a business establishment which offers massage as an
accessory use if it meets all of the following criteria as evidenced by affidavits
and other documents submitted to and in form and substance reasonably
acceptable to the Clerk:
1. The principal activity of the business shall not be a massage parlor;
2. The annual gross revenue of the business from performing massage is
less than 25%of the total annual gross revenue of the business as shown
by financial statements or an affidavit signed by the authorized Officer of
the business. In lieu of delivery of the aforementioned affidavit, at the
direction of the City,the business shall be required to deliver, a
certification from a certified public accountant, acceptable to the Manager,
that the annual gross revenue from massage services, for the preceding
• twelve months, is less than 25%of its total annual gross revenue for such
period of time.
3. The room or rooms where massage is performed shall not have an
exclusive entrance from or exit to the exterior of the building in which the
principal business is located or to a public concourse or public lobby.
Notwithstanding the foregoing, massage may be performed by an
individual at the residence of the person receiving the massage.
4. All fees or other consideration derived from performing massage shall
be received by and accounted for by the proprietor of the principal
business.
5. All individuals performing massage in connection with the business
shall be employees of the principal business or shall be independent
contractors or agents who perform massage pursuant to a written
agreement with the owner of the principal business.
B. Any business that requests an exemption from the business license
requirement shall submit the required affidavits and documents on an annual
basis. The exemption request shall be due on or before the fifteenth day of March
of each year.
• 575.03 License Application and Procedures. Every application for a license under this Section
shall be made on a form supplied by the Clerk and shall be filed with the Clerk. The provisions
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• of Subsection 500.02 of this Code shall apply to all licenses required by this Section and to the
holders of such licenses. In addition to the information required by Subsection 500.02 of this
Code,the application for a license under this Section shall contain the following information.
Failure to complete or supply such information may cause a license to be denied.
A. Whether the applicant is a natural person, a partnership, a corporation, or other
form of organization.
B. If the applicant is a natural person:
1. The true name, place and date of birth, current address and telephone
number of the applicant.
2. Whether the applicant has ever used or has been known by a name
other than the applicant's true name; and if so, such name or names and
information concerning dates and places where used.
3. A specific statement as to the type and nature of the business to be
licensed.
4. The name of the business, if it is to be conducted under a name other
than the full individual name of the applicant, in which case a certified
copy of the certification required M.S. Chapter 333, shall be attached to
the application.
5. The addresses at which the applicant has lived during the previous five
years, including a statement of how long the applicant has been
continuously a resident of the State during the period as of and
immediately preceding the date of application.
6. The kind, name and location of every business or occupation in which
the applicant has been engaged during the preceding five years.
7. The names and addresses of the applicant's employer(s) and partner(s),
if any, who were such at any time during the preceding five years.
8. Whether the applicant has ever been convicted of any felony, crime, or
violation of any provisions of this Code or State Law other than traffic
violations and, if so, information as to the time, place and offense for
which convictions were had.
C. If the applicant is apartnership:
1. The names and addresses of all partners and all information concerning
each partner as is required of an applicant under paragraph B. of this
Subsection.
•
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2. The names(s) of the managing partner(s), and the interest of each
partner in the business.
3. A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to trade
name under the provisions of M.S. Chapter 333, a certified copy of such
certification shall also be attached.
D. If the applicant is a corporation or other organization.
1. The name of the applicant, and if incorporated, the state of
incorporation.
2. A true Certificate of Good Standing, dated as of a current date, and true
copies of the Articles of Incorporation or Association Agreement and
Bylaws shall be attached to the application. If a foreign corporation, a
Certificate of Authority issued pursuant to M.S. Chapter 303, shall also be
attached.
3. The name of the person(s)who is to manage the business and all
information concerning the person(s) as is required of an applicant under
paragraph B. of this Subsection.
® 4. The names of all officers, directors and persons who control or own an
interest in excess of 5% in such corporation or organization and all
information concerning the persons as is required of an applicant under
paragraph B. of this Subsection.
E. The location of the business premises.
F. Whether the applicant is licensed in other communities or has had a license
revoked, or has been denied a license, to conduct any of the activities required to
be licensed hereunder; and if so, when and where the applicant is or was so
licensed, has had a license revoked or has been denied a license.
G. The names, residences and business addresses of three residents of Hennepin
County or Ramsey County, not related to the applicant or financially interested in
the business to be licensed, who may referred to by the City for information as
to the applicant's character. If the applicant is a partnership, three. such names
shall be supplied for each partner, and if the applicant is a corporation or other
organization, three such names shall be supplied for each officer of the applicant
and each manager of the business.
H. The amount of capital investment to be made by the applicant in the premises
described in the application to operate the business to be licensed. Capital
investment shall mean the amount of money that the applicant actually invests to
• acquire, refurbish, repair, remodel, or furnish the premises, including moneys
invested to comply with Subsection 575.14.
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• I. A financial statement, certified as being true and correct by an independent
accountant-, showing the gross income of the business to be licensed for the last
three fiscal years of such business, or shorter period of time that the applicant may
have been in the business to be licensed, itemized as to each activity of the
business including, without limitation,the gross income from performing
massage.
575.04 Execution of Application. All applications for any license under this Section shall be
signed by the applicant in accordance with Subd. 2 of subsection 500.02 of the Code. Any
falsification of information on any license application shall result in the denial of the license
applied for, and shall constitute adequate grounds for the suspension or revocation of any license
issued to the applicant.
575.05 License and Investigation Fees.
Subd. 1 License Fee. Each application for a license or renewal license shall be
accompanied by payment in full of the required license fee. The fee for a business
license shall be as set forth in Subsection 615.06 of this Code. Upon rejection of any
application for a license, the Clerk shall refund the amount paid.
Subd. 2 Investigation Fee. At the time of each original application for a business license,
the applicant shall deposit an investigation fee as set forth in Subsection 615.06 of this
Code. The cost of the investigation will be based on the expense involved. All deposit
• monies not expended on the investigation will be refunded to the applicant.
575.06 Investigation. All applications shall be referred by the Clerk to the Police Department
and to such other City departments for investigation of the applicant's character and verification
of the facts set forth in the application. Within 60 days after the application date,the Police
Chief and any other consultants shall submit a written recommendation to the Manager as to
issuance or non-issuance of the license, setting forth the facts upon which the recommendation is
based.
575.07 Approval or Denial of Application. Within 90 days after the application date,the
Manager shall either approve or deny the application and shall notify the Clerk in writing of the
decision. If the application is approved,the Clerk shall issue the license. If the application is
denied, the Clerk shall furnish written notice of the denial to the applicant,together with the
reason or reasons for denial. A license may also be denied for any of the following reasons:
Subd. 1 Under Legal Age. If an individual applicant is under the age of 18.
Subd. 2 Convictions. If the applicant, or any officers, managers, directors, shareholders
or owners, if a corporation or association, or any partners, if a partnership, has been
convicted of a felony, or has been convicted of any illegal conduct involving moral
turpitude, dishonesty, fraud, deceit or misrepresentation.
Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any principal
• officers, managers, directors, shareholders or owners, if a corporation or association, or
any partners, if a partnership, has been convicted of any crime or crimes directly relating
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• to the occupation of massage and escort services, as provided in M.S. 364.03, Subd. 2,
and has not shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of the occupation of massage services, as provided in M.S. 364.03,
Subd. 3.
Subd. 4 Prior Denial of License. If the applicant, or any principal officers, managers,
directors, shareholders or owners, if a corporation or'association, or any partners, if a
partnership, has within one year prior to the date of application been denied a license
under this Section, or any similar ordinance of any municipality within the State, or
within the period has had revoked any license issued under this Section, or any similar
ordinance of any municipality within the State.
Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by Chapter 16
of this Code upon the premises described in the application.
Subd. 6 Failure to Meet Construction Requirements. If the premises described in the
application for a business license fail to comply with the requirements of Subsection
575.14.
Subd. 7 Capital Investment Less than$10,000. If the applicant's planned capital
investment in the premises described in the application to operate the business to be
licensed is less than$10,000.
• 575.08 Renewal Application. Not less than 30 nor more than 60 days before the expiration of
any license issued pursuant to this Section, any license holder desiring to renew the license shall
submit a written application to the Clerk on forms provided by the City together with payment in
full of the license fee as required for the original license. The renewal application shall be
forwarded to the Manager who shall,within 30 days after the renewal application date, either
approve or deny the application and shall notify the Clerk in writing of the decision. The Clerk
shall then issue the license or, in case of denial, notify the applicant in writing of the denial
setting forth the reason or reasons therefor.
575.09 Anneal to Council. Any applicant may appeal the denial of a license or a license renewal
by filing a written notice of appeal to the Council in the Clerk's office within 10 days after the
denial. The Council shall hear the appeal within 60 days after the notice is filed, and opportunity
shall be given to any person to be heard in favor of or opposing the issuance or renewal of the
license. The Council may order and conduct such additional investigation as it deems necessary.
Any licensee is authorized to continue to operate until final action by the Council upon licensee's
renewal application, unless prohibited by Council resolution made after the denial.
575.10 License Not Transferable; Duration. Each license shall be issued to the applicant only
and shall not be transferable to another holder. Any change in the persons named as partners on
the application, as required by paragraph C.1 of Subsection 575.03 and any change in the persons
who are named in the application as required by paragraph DA of Subsection 575.03 shall be
deemed a transfer for purposes of this Section. If the licensee is a limited partnership, a change
• in the limited partners of less than 25% cumulatively over the license period shall not be deemed
a transfer. The change in or addition of a vice-president, secretary, or treasurer of a corporate
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• licensee shall not be deemed a transfer. All licenses issued pursuant to this Section shall be
effective for the period provided in Section 500.07.
575.11 Suspension or Revocation of License. The Council may suspend for any period not
exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding a violation
of any provision of this Section or upon violation of any other provision of this Code or State
Law or regulation affecting the activities covered by this Section. Any conviction for
prostitution or any other crime or violation involving moral turpitude shall result in the
revocation of any license issued under this Section. Except in the case of a suspension pending a
hearing on revocation, revocation or suspension by the Council shall be preceded by written
notice to the licensee of a hearing. The notice may be served upon the licensee personally or by
mailing it to the business or residence address set forth in the application or on file with the
Clerk. The notice shall give at least ten days notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The Council may, without notice, suspend
any license pending a hearing on revocation for a period not exceeding 30 days.
575.12 Hours of Operation. No business licensed under this Section shall be open for business,
nor shall any persons or customers be permitted on the premises, between the hours of 10:00
P.M. and 7:00 A.M.
575.13 Restrictions and Regulations.
Subd. 1 Notice of Change in Mana eg ment. The individual designated by a partnership
or a corporation in its business license application to be manager and in responsible
charge of the business shall remain responsible for the conduct of the business until
another suitable person has been designated in writing by the license holder. The license
holder shall promptly give the Police Department written notice of any such change
indicating the name and address of the new manager and the effective date of the change.
Subd. 2 Clothing Requirements. Employees of businesses licensed under this section
shall be and shall remain fully clothed while performing massage.
Subd. 3 Location of Services. No person shall perform a massage for a fee or other
consideration at any place other than (i) a physical culture and health service, physical
culture or health club, reducing salon, or massage parlor that has been duly licensed
pursuant to Subd. 2 of Subsection 575.02, (ii) a business which is exempt from a business
license pursuant to Subd. 3 of Subsection 575.02, or(iii)the residence of the person
receiving the massage.
Subd. 4 No Services Allowed by Sexually Oriented Businesses. No person shall perform
a massage for a fee or other consideration in connection with a sexually oriented business
as defined by Subd. 87 of Subsection 1605 of this Code.
575.14 Construction Requirements. "No business license shall be issued under this Section
unless the premises used for the operation shall comply with the following requirements:
• Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or hot air
as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms and
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• bathrooms used in connection with such rooms, shall be constructed with materials
impervious to moisture,bacteria,mold and fungus growth. Floor-to-wall and wall-to-
wall joints shall be constructed so as to provide a sanitary cove with a minimum radius of
3/8 inch.
Subd. 2 Public Restroom Requirements. All public restrooms shall be provided with
mechanical ventilation with 2 cfm (cubic feet per minute)per square foot area, a
minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and
cold running water under pressure, sanitary towels with dispensers and soap with
dispensers.
Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a janitor's
closet for the storage of cleaning supplies with a mop sink, mechanical ventilation with 2
cfm per square foot area and a minimum of 15 footcandles of illumination.
Subd. 4 Lockers. Individual lockers shall be provided for use by customers and shall
have separate keys for locking.
575.15 Maintenance; Sanitary Conditions; Communicable Disease.
Subd. 1 Clean and SanitM Business. All businesses licensed under this Section at all
times shall be kept in a clean and sanitary condition.
• Subd. 2 .Clean and Sanitary Instruments. All instruments and mechanical, therapeutic,
and bathing devices or parts that come into contact with the human body at all times shall
be kept clean and sanitary.
Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron shall
be furnished for use by another until thoroughly laundered.
Subd. 4 Hand Washing. All individuals who practice massage shall wash their hands
before each massage.
Subd. 5 Communicable Disease. No person suffering from a communicable disease
shall work or be employed in a licensed business. No person suffering from a
communicable disease to the knowledge of the owner, custodian, or employees of a
licensed business shall be accommodated as-a patron.
575.16 Inspection. Each business required to be licensed shall at all times be held open for
inspection by duly authorized representatives of the City.
575.17 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do
not give, or hold themselves out to give, massages, other than are customarily given in such
shops and salons for the purpose of facial beautification only shall not be subject to the
provisions of this Section.
•
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• Section 2. Subsection 615.06 of the St. Anthony City Code shall be amended to add the
following fee for licenses issued under Section 575 of the St. Anthony City Code:
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Physical Culture and Health $
Service or Club,Reducing Club license fee
or Salon, Sauna Parlor,Massage and$
Parlor investigation
fee deposit One Year No 575
Section 3. Clause (eee) of Subsection 1635.02 of the St. Anthony City Code shall be
amended to read as follows:
(eee) Physicians, dentists and health care professionals, including optometrists,
chiropractors, chiropodists and osteopaths, therapists, and physical culture and
health service or club, reducing club or salon or massage parlor, as defined in
Subsection 575.01.
Section 4. This ordinance shall become effective as of the date of its publication. [insert
provision providing period of time for existing therapeutic massage parlors then operating in
City to comply with license requirements]
• First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
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• MEMORANDUM
DATE: 11/14/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City ManageralR--
SUBJECT: Northwest Quadrant Redevelopment Update
Background:
Attached find two newsletters that will be mailed from the City in early December. One
newsletter will be mailed to residents with an update about the redevelopment project
and the other to property owners and businesses in project area.
Staff will interview seven developers on November 19 on preliminary basis to determine
project feasibility and scope. The qualified proposals will be brought forward to the City
Council within the next couple of months.
Attachments:
• Northwest Quadrant Redevelopment Update— Resident Q &A
• Northwest Quadrant Redevelopment Business Update—Business/Property
• Owner Q'&A
z
N O R T H W •E s T Q U A D R :A N, T
ain tilla 'e
tho „
A.
ISSUE NUMBER 4 THE CITY OF ST. ANTHONY DECEMBER 2001
two alternative concepts for
This 2&A is an update the redevelopment area that
on the latest activities esulted from the eight- - -
ties o f month Northwest Quadrant
the St. Anthony Northwest Redevelopment Planning
Study. Both concepts
Quadrant Area include a mix
redevelo meet roCeSS. of commercial, retail, and 4
p p housing. The biggest
difference between the two
R
Q concepts is that one has a What is happening with the larger residential
Northwest Quadrant Redevelopment? component, and the other Silver ake
A. In September, the City issued a puts more focus on a
• request for proposals from developers corporate campus.
interested in the Northwest Quadrant When will the Cit y �s,
Redevelopment Area. A total of eight Q. y
proposals were received from seven decide if any of the 1' ;
developers. The City is in the process development proposals that
of evaluating the proposals and have been submitted could
interviewing the developers to work. u
determine if there are any viable A. Early in 2002, the City
proposals. will have a better idea if any
Q of the proposals that have
Q. Where is the Northwest
been submitted would work
Quadrant and why does the City
have to redevelop it? for St. Anthony.
A. The Northwest Quadrant is an area Q. Is it possible that _
none of the submitted � V
that focuses on the Apache Plaza — _
development proposals
Mall. Apache Plaza was once a
will be selected in this - -
pioneer shopping center in the process?
region. But changes in retail trends p Aj%1::!:C plaza Mall.
and competition from modem A. Yes, it is possible that the
shopping malls have made it less City will select none of the a preliminary development agreement
relevant to the community. The City development proposal. It is also with a developer. That would allow
would like to return the mall area to possible that the City will work with the developer to develop the proposal
the kind of exciting focal point for developers to identify potential into a detailed plan and seek public
St. Anthony that modifications of individual proposals to input. If that phase is satisfactorily
the shopping center make'them more suitable to the City. completed, the City could proceed
once was. Q. If the City identifies a viable with a final development agreement,
Q. What type of development is the development proposal, what happens allowing land acquisition to be
• City considering? next? completed and construction to begin.
However, it is important to remember
A. In July, the City Council approved A. The City would consider entering that in any redevelopment there are
• many issues that need to be Q. Will the City use condemnation development phase, the developer
satisfactorily addressed --such as to acquire properties in the will hold open houses to get public
planning,zoning, and funding-- redevelopment area? input on his proposal for the area.
before a project can proceed to that A The City will encourage the Future meetings of the City's Planning
final.stage. Because of the size of this A. y g
Commission and Housing and
redevelopment site it may also be developer to reach a voluntary agreement with property owners. Redevelopment Authority on the
necessary to seek some legislative . redevelopment will also continue
funding in order to complete the Property owners are required to to provide opportunities for
redevelopment. receive fair market value and public input.
relocation costs for their properties.
Q. When will businesses in the If an agreement cannot be reached Q.How can I stay informed about the
redevelopment area be acquired? and mediation is unsuccessful, Northwest Quadrant redevelopment?
as a last resort,,
A. At this point, it is too early to the City A. The City will continue to
know when, or if, properties within consider condemnation to acquire provide updates on the Northwest
the redevelopment area will be properties. As a general rule,most redevelopment acquisitions Quadrant redevelopment
acquired. Typically, businesses are project in the City's newsletter,
contacted directly by the developer are accomplished through Village Notes, the City's website at
after the City and a developer have voluntary sales. www.ci.saint-anthony.mn.us, and
entered a preliminary development Q. Once the City identifies a through periodic issues of this
agreement,but property is not development proposal for the newsletter. For more information,
actually acquired until a final Northwest Quadrant area, will there you may also contact Susan Henry,
development agreement has been be any more opportunities Assistant City Manager,at
reached by the City and the for public involvement? 612-789-8881, or for general
developer. A. Yes, there will continue to updates, call the Hotline at
be opportunities for public 612-706-1350.
involvement. During the preliminary
•
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ISSUE NUMBER 1 THE CITY OF ST. ANTHONY DECEMBER 2001
I
Q. Is the City moving forward market value for their property and
with Northwest Quadrant Area This update features allows for a satisfactory time to
redevelopment plans? complete acquisition and relocation.
A. Yes. In September, the City issued commonly asked Questions by Fair market value is determined by a
a request for redevelopment proposals St. Anthony businesses about professional appraisal.
for the Northwest Quadrant the Northwest Quadrant Q. Will the City use condemnation
Redevelopment Area. The City to acquire properties in the
received eight proposals from seven Redevelopment process. redevelopment area?
developers. Currently, the City is
reviewing and evaluating A. The City will encourage the
those proposals and interviewing developer to reach a voluntary
agreement with property owners.
developers. The City is likely to know City could proceed with a final
by early 2002 if any of the proposals development agreement, allowing property owners are required to
will work for the Northwest Quadrant land acquisition to be completed and receive fair market value and
• businesses that must relocate receive
Redevelopment Area. construction to begin. During the
preliminary development phase, a relocation assistance. If an agreement
Q. My business is in the number of ve imortant issues cannot be reached and mediation is
ry p
redevelopment area. Can you tell me unsuccessful, the City will, as a last
when I will be acquired? would need to be satisfactorily resort, consider condemnation to
addressed, including planning, acquire properties.As a general rule,
A. No. Because there is no selected zoning, and funding. Because of the most redevelopment acquisitions are
redevelopment proposal,it is really size of this redevelopment site it may accomplished through voluntary sales.
too early to know when or if any also be necessary to seek some
properties will be acquired.Typically, legislative funding in order to Q. Once the timing of property
once the City and developer have complete the redevelopment. acquisition is known, how much time
entered a preliminary development Q. Is it possible that City will not will I have to relocate?
agreement,businesses are contacted to choose any of the development A. Developers generally contact
discuss acquisition. However, property or developers? businesses to make an offer at least
is not actually acquired until a final proposals p
development agreement has been A. Yes, it is possible. The City could days prior to the date that they
need
reached by the City and the developer. also work with developers to identify need the properly. Typically, the
potential modifications of individual contact begins much earlier because
Q. If the City identifies a viable als to make them more suitable the developer's goal is to gain control
propos
development proposal, what happens to the al of the property through a purchase
next? ty agreement at least three months
A. If the City evaluation determines Q. How are my rights as a property before construction must begin.
that one of the development owner protected if my property is Generally, once a purchase agreement
proposals is viable for the community, acquired. is reached, a mutually agreeable date
the City and developer would enter a A. The Uniform Relocation Assistance for relocation is determined between
preliminary development agreement. Act lays out the acquisition process the business and developer.
That would allow the developer to that cities must follow and provides Q. Should I begin looking for new
develop his proposal into a detailed for the protection of property owners' locations for my business now?
• plan and seek public input. If that rights. For example, the act provides A. It is always good to be aware of
phase is satisfactorily completed, the for property owners to receive fair options; however, at this time the
• City does not know when is extremely disruptive for -1
redevelopment will be occurring. business property owners
Q. What if I relocate before the and tenants in the
Northwest Quadrant area is redevelopment area.'The
redeveloped? City wants to keep everyone 3
informed about schedules,
A. Any business may relocate at any but until a preliminary
time,however if relocation occurs development agreement is ~
ahead of the redevelopment process, in place, it is difficult to
the business may be giving up the predict when acquisition r
opportunity to obtain relocation could occur. The City also
Silverake
assistance. Relocation assistance is knows, that while the }u
funding provided under the Uniform redevelopment process is `-'-
Relocation Assistance Act to cover disruptive, the community
moving costs. will benefit from the vitality
Tit
it will be bring to the
Q. Will my business be able to Northwest Quadrant
remain as part of the redevelopment? Redevelopment Area. ` .
A. Once a develop is selected,
businesses interested in remaining Q. How can I stay informed » f fit`
g about the Northwest
should contact the developer. In other
p Quadrant redevelopment?
cities that have done large
redevelopments, relocated businesses A. The City will continue to
have often chosen to move to another provide updates on the
area for reasons of affordability and to Northwest Quadrant ,,:r _
avoid interruptions in business. redevelopment project in �,�r
Q. It is extremely difficult to run the City's newsletter, Village
Notes, the City's website at
uncertainty.business with this level of www.ci.saint-anthony.mn.us zi
•
uncertainty. Doesn't the City The`dnr!hivo!Quurirunt the
care about the disruption this and through periodic ,Ipm.hr Fla a Mall.
is causing for my business? issues of this redevelopment
newsletter. For more at 612-789-8881, or for general
A. Yes, the City does care and information you may also contact updates, call the Hotline at
acknowledges that the redevelopment Susan Henry,Assistant City Manager, 612-706-1350.
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® CITY OF ST. ANTHONY
PRESS RELEASE
The St. Anthony City Council appointed a new Mayor and Councilmember to fill the vacancies
resulting from former Mayor Dennis Cavanaugh's recent resignation-. Randy Hodson, a current
member of the St. Anthony City Council was appointed Mayor. Randy graduated from the University
of Minnesota with a communications degree and some post-graduate work in electrical engineering at
the Milwaukee School of Engineering. Presently, Randy is Vice President and owner of Electronic
Design Company. In addition to his two year service on the St. Anthony City Council, he serves on the
Board of Directors for the Minnesota Department of Transportation Guidestar project ,and with the
American Society for Industrial Security. Randy is married to his wife Jolene and they have 2 children,
Stephanie and Christopher.
Councilmembers appointed Jerry Faust to fill the vacancy created by the appointment of Randy
Hodson as Mayor. After 23 years of service, Jerry retired from the U.S. Army as a Lieutenant Colonel.
He is currently the Manager of Divisional Report and Information for Anoka County. Jerry served as a
St. Anthony Councilmember for four years and was a member of the St. Anthony Planning Commission
for six years. In addition, he has served on numerous community task forces and committees. Jerry and
his wife, Diane, are 21 year residents of St. Anthony.
•
•
1 CITY OF ST. ANTHONY
• 2 CITY COUNCIL REGULAR MEETING MINUTES
3 September 25, 2001
4 I. CALL TO ORDER.
5 Mayor Cavanaugh called the meeting to order at 7:00 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance.
s III. ROLL CALL.
9 Present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and
10 Hodson:
11 Absent: None.
12 Also Present: City Manager Mike Mornson; City Attorney Jerry Gilligan.
13 IV. APPROVAL OF SEPTEMBER 25, 2001 CITY COUNCIL REGULAR MEETING
14 AGENDA.
15 Motion by Councilmember.Hodson to approve the September 25, 2001 City Council.Regular Meeting
• 16 Agenda.
17 Motion carried unanimously.
18 V. PROCLAMATIONS AND RECOGNITIONS.
19 A. Kiwanis Peanut Day.
20 Mayor Cavanaugh indicated that in order to raise funds for the many and various community services to
21 which the Kiwanis organization contributes, they have requested a day be set aside in the City of St.
22 Anthony reserve a day for the sale of peanuts. The chosen day is Friday, September 28, 2001.
23 Members of Kiwanis passed out packets of peanuts for the Council to sample.
24 Councilmember Sparks read a statement for Paul Redlinger, which discussed the recent attack on our
25 nation, and the many other local and national causes to which Kiwanis contributes. She stated her own
26 pledge of support requesting that the community support Kiwanis Peanut Day.
27 Mayor Cavanaugh echoed Councilmember Sparks' plea that the community support Kiwanis in their
28 efforts.
29 Motion by Councilmember Sparks to approve the Proclamation that designates Friday, September 28,
• 30 2001, as St. Anthony Kiwanis Peanut Day.
31 Motion carried unanimously.
City Council Regular Meeting Minutes
• September 25,2001
Page 2
1 B.. Barb Kiernoziak(City of St.-Anthony School District).
2 Barb Kiernoziak came forward to express the desire on behalf of students to contribute to the relief
3 efforts for the victims and their families of the national disaster on September 11, 2001 by raising
4 $10,000. Ms. Kiernoziak thanked the Council for their willingness to have her there and hear about
5 her campaign.
6 Ms. Kiernoziak reviewed the different projects that are going on throughout the community on
7 connection with the school. She indicated there was a real desire on behalf of the students to help the
s relief efforts in any way that they could.
9 Ms. Kiernoziak indicated that the project that she was heading involved students from the NHS
10 (National Honors Society), Student Council, the Key Club, and SADD (Students Against Drunk
11 Driving). She stated that the project was called Ribbon Rescue, which consisted of making ribbons to
12 be sold for profit. She added that she and her family made the ribbons themselves.
13 Ms. Kiernoziak displayed the ribbons to the Councilmembers. She asked the Council if it was possible
14 to extend the project out into the community.
15 Ms. Kiernoziak stated that 100%of the proceeds would be given to the Red Cross.
16 Mayor Cavanaugh indicated that the Council was more than willing to help with the relief efforts. He
17 suggested that the City Council as a body make a contribution, as well.
18 Mayor Cavanaugh requested a ribbon, and the rest of the City Council followed suit.
19 C. Representatives from Sister-city, Salo, Finland.
20 Mayor Cavanaugh indicated that Ruthann Marx, President of the St. Anthony Sister-city Association,
21 was present to introduce the Superintendent of Salo, and a Principle from one of the schools in Salo,
22 Finland.
23 Ms. Marx indicated that they were in town to learn about the school system, as well as local
24 government.
25 The Superintendent came forward to greet the Council and expressed his greetings from his country.
26 He stated that there about 25,000 inhabitants in Salo and the largest employer was the Nokia Cellular
27 Telephone Factory, which employs six thousand people. He stated that the two of them have been
28 enjoying the generosity of St. Anthony for a number of days.
City Council Regular Meeting Minutes
September 25, 2001
• Page 3
1 He stated that they have really admired the beautiful city and its parks and schools, and stated that they
2 are both very happy about the sister-city project that has been-happening for the past fifteen years. He
3 extended their well-wishes to the City of St. Anthony for today and in the future.
4 Mayor Cavanaugh presented them with baseball caps and t-shirts from the City of St. Anthony. He
5 also expressed his appreciation to them for their sister-city relationship. He added that the City of St.
6 Anthony would like them to reciprocate the visit and come to Salo in the near future.
7 Councilmember Hodson took a few photos of Mayor Cavanaugh and with the visitors.
8 VI. COMMUNITY FORUM.
9 Hearing no response, Mayor Cavanaugh moved forward with the agenda.
10 VII. CONSENT AGENDA.
11 Motion by Councilmember Thuesen to approve the Consent Agenda of September 25, 2001. Said
12 Consent Agenda consisted of:
• 13 A. Approve August 14, 2001 Council Study Session Minutes:
14 B. A pp rove Au gu st 28 2001 Regular Council Meeting Minutes•
15 C. Licenses/Permits:
16 D. Claims:
17 E. Resolution 01-079, re: Award bid for re-roof of water filtration plant; and
18 F. Resolution 01-080, re: Proposed Election Judges for the 2001 Local Election
19 Motion carried unanimously.
20 VIII. PUBLIC HEARINGS.
21 None.
22 IX. REPORTS FROM COMMISSION AND STAFF.
23 A. Community Center Task Force Report (Molly Olivier, SEH Inc., will be present).
24 Councilmember Sparks indicated that she would be providing some background information on the
25 proposed project. She indicated that Molly Olivier, SEH Inc., would follow-up with a detailed
26 overview of the work of the task-force in conjunction with the projected plans.
27 Councilmember Sparks prefaced-her thoughts by referring to the events of the past two weeks, and
28 stated that improving the St. Anthony Community Center may not be on the top of everyone's priority
• 29 list. However, she added, the Community Center was important component of the City's
30 infrastructure and that it deserved attention.
City Council Regular Meeting Minutes
September 25, 2001
• Page 4
Councilmember Sparks stated that the Community Center should be treated like the city's home, by
2 . redecorating it to be comfortable and attractive with seating for people and,signage that makes it easy
3 for people to find their way.
4 Councilmember Sparks indicated that the Community Center visibility and usage were surprisingly very
5 high. She added that the Center sees 13,497 users per year, but that the number was higher when
6 elections, meetings, concerts, and celebrations were included. .
7 Councilmember Sparks stated that the changes they could make would offer great improvements to the
s community its value, but were modest in nature.
9 Councilmember Sparks stated that she was having a casual cup of coffee with local residents. She
10 stated that members of St. Anthony feel that the Community Center is unattractive and does not meet
11 the standards of the City of St. Anthony.
12 Councilmember Sparks referred to the task force, which was comprised of three staff people, thirteen
13 residents and herself. She stated that the members of the task-force expressed their concerns with the
• 14 Community Center: akin to a tomb, cold and uninviting interior, seniors using the building have a difficu
15 time hearing because of the acoustics, signage is small, rooms are not well-marked, and no central
16 information area.
17 Councilmember Sparks indicated that the Community Center staff has expressed concern because
18 everyone that enters the building heads straight to their offices due to the lack of well-marked police
19 and city offices. They also have expressed concern with the restrooms, which are closed off by a back
20 wall, presenting security issues.
21 Councilmember Sparks indicated that the consultant and the task force have provided several desirable
22 upgrades and improvements for a total cost of$150,000, phased into three years. She added that the
23 existing building is functional and provides basic necessities, but that the modest investment would makt
24 it a source of civic pride, an attractive center of community activity, and a secure space.
25 Councilmember Sparks stated that the Community Center and City Hall represents the things that she
26 values which are family and community. She stated that improving the building speaks to her desire to
27 build a community and a place for families to gather.
28 Molly Olivier indicated that she met with the task force six different times and discussed all of the
29 different aspects of the building, both good and bad.
• 30 Ms. Olivier presented an understanding of the building's existing architecture:
City Council Regular Meeting Minutes
September 25,2001
• Page 5
1 -dark and heavy brick color
2 -entry- first impression
3 -heavy front canopy
4. -signage is too large and non-directional
5 -flat landscaping
6
7 She continued that the Existing Site Plan has:
8 - a straight-forward Site Plan
9 - predictable landscaping
10 - no directional signage
11 Ms. Olivier indicated that the New Site Plan consists of the following:
12 -monument signage with direction
13 -extend canopy with a translucent material
14 -contrasting limestone as quoins at the corners of the building
15 -festive lighting and banners
• 16 Ms. Olivier reviewed the exterior features of the building, which included benches, bike racks,
17 shrubbery, and ornamental trees. She added that they would remove the existing plantings in an
18 attempt to keep the front low, and place the existing plants elsewhere.
19 Ms. Olivier indicated that the greatest concern inside the building was the signage. She added that it
20 makes it very difficult to determine_the location of offices and other dwellings within the building. Ms.
21 Olivier stated that the next greatest concern was the acoustics for seniors who visit the Community
22 Center frequently.
23 Proposal:
24 -create a seating area and signage area at the entry
25 -place for pamphlets and newsletters in the back of the front sign
26 -carpeting in the front .
27 -soft, large seating
28 -create a more pronounced entry
29 -signage above each office door
30 -can-recessed lights at each entrance
31 -fabric-wrapped sound-panels
32 -acoustical panels in the Council Chambers
33 -mechanical panel room-dividers
34 -introduce clear surfaces
City Council Regular Meeting Minutes
September 25, 2001
• Page 6
Ms. Olivier stated that the Phases were broken down into manageable amounts over the course of
2 three years.
3 Phase One:
4 Exterior Entry-Building Exterior:
5 -add quoins at corners of the front exterior
6 -demolition of old facade
7 -new calwell entry
8 -signage
9 -columns
10 Community Center:
11 -carpeting
12 -building direction sign with pamphlet storage
13 -seating
14 -planter
15 -sound panels
0 16 -paint above burnish block
17 -screen-wall: etched glass panels, wood frame, metal accents.
18 City Hall Entry:
19 -new door 3' 0"
20 -side light: hollow metal
21 -sound seal
22 -hardware package
23 Total cost, Phase One: $52,189.22
24 . Phase Two:
25 Exterior Entry-Front Landscaping:
26 -remove existing shrubs and flag poles
27 -relocate flag poles to monument sign
28 -low shrub replacement
29 -cedar bedding
30 Entry Landscaping-Patio:
31 -stamped color concrete
• 32 -bike loops
33 -bench
City Council Regular Meeting Minutes
September 25, 2001
Page 7
1 -retaining wall
-2 -shrubs at bench and wall
3 -trees(balled and burlapped)
4 -lamp posts with flags
5 -berms
6 -re-sod
7 Community Center:
8 -new door frames/signage 6'0"; lighting/wood frames
9 -community service signage
10 Total Cost: $50,147.37
• 11
12 Phase Three:
13 Building Exterior:
14 -adding quoins to all corners
15 Community Center:
16 -new door frames/signage 6'0", lighting/wood frames
17 -Community Service signage
18
19 City Hall Chambers Doors:
20 -new oak door with lites, existing hardware (pair)
21 -adding wood detail to dias
22 -framing historical pictures
23 -paint above burnish block
24 City Hall Chambers
25 -new partition electric control
26 Multi-Purpose Room:
27 -new partition electric control
28 Total Cost, Phase Three: $53,740.26
29 Councilmember Sparks indicated that the electric partition portion was the suggestion of Jay Hartman,
30 not the entire task force.
•
City Council Regular Meeting Minutes
September 25, 2001
• Page 8
1 In closing, Ms. Olivier stated.that allocating funds for the.improvement of City Hall and Community
2 Center invites people to participate in the community. She added that understanding the existing
3 architecture confirms the need for improvement, and that the proposed improvements would provide
4 easy access to the building for residents and visitors.
5 Mike Mornson asked if the project would be bid for each phase. Ms. Olivier indicated that the total
6 cost did not reflect any bidding costs. Momson stated that, if money was not an object, he thought it
7 would make sense to bid the project out as one project to save bidding costs. Ms. Olivier agreed,
8 adding that they could have the full set of documents in one setting, and then have the three bid periods.
9 Councilmember Horst asked if SEH, Inc. did the initial plans for the building. Ms. Olivier responded
10 that they did not, O'Brian Construction did.
11
12 Ms. Olivier indicated that several million dollars that were pulled from the initial project in order to get
13 the project to go out to bid. She added that was one of the reasons that they want to be certain that the
14 financial portion of this project is in place this time.
15 Councilmember Horst expressed his feeling that improving the Community Center was not the highest
16 thing on his list of priorities. He stated that the building did need to be beautified, but was infinitely
17 better than what they had.
18 Councilmember Horst added that he was not too thrilled about the idea of tearing walls down, etc. Ms.
19 Olivier stated that the only real construction element was with the lower level of the canopy.
20 Councilmember Horst clarified that Community Services has expressed their frustration with the
21 frequent stops that people make to their window to ask for information. Ms. Olivier confirmed that.
22 Councilmember Thuesen stated that there existed functional and aesthetic things about the building that
23 needed attention.
24 Resident Jane Berg, member of the task force, expressed her mixed feelings about Ms.Olivier
25 presenting the plans that night in light of the recent national tragedy. She continued that the Community
26 Center was the heart of their community, and indicated that it was built on financial decisions without
27 any community involvement whatsoever.
28 Ms. Berg stated that she hoped that the Council would seriously consider this project as she feels that it
29 is a priority.
•
City Council Regular Meeting Minutes
• September 25, 2001
Page 9
Resident Annette Otte, member of the task force, stated that she lives behind the building and said it
2 looks like Stillwater's Reformatory. She indicated that they were not talking about changing the back
3 because they could not afford to,yet stated that the front desperately needed updating as it is the heart
4 of St. Anthony.
5 Ms. Otte concluded that it was not a building to be proud of on the outside, acknowledged that there
6 are other areas in the community that need financial aid, but.indicated her certainty that the suggested
7 changes would make people feel better about the village.
8 Councilmember Thuesen stated he did not deny the things that were mentioned by the task force and
9 Ms. Olivier. He indicated that he could not argue with the expressed needs, but referred to the other
10 needs in the City(Fire Station, Public Works Building).
11 Councilmember Thuesen indicated that the price tag on the Central Park Project kept increasing, but
12 giving the project a limited budget controlled the problem.
13 Councilmember Thuesen reviewed Phase One of the proposed Community Center. He stated that he.
• 14 did not.deny the lack of functionability of the building, nor the aesthetic issues that existed. He stated
15 that he was not opposed to the plan but was not confident that this was the right time for the project.
16 Councilmember Horst stated he agreed with some of Councilmember Thuesen's concerns. He added
17 that he has a lot of faith in Councilmember Sparks and the task force.
18 Councilmember Horst indicated that the existing building was not that bad, and that it needed to be
19 examined further both in regard to cost and timing.
20 Councilmember Hodson stated he respected the work of the task force and Molly Olivier. He added
21 that he has been an advocate of remodeling and improving the building ever since it was built, and that
22 he felt that the building did not accurately reflect the City of St. Anthony.
23 Councilmember Hodson stated that he felt they had an opportunity here. He continued that with the
24 improvements that were discussed tonight, the Fire House and the Public Works Building he believed
25 that there were enough things that needed to be done for the City that they could all be put into
26 referendum.
27 Councilmember Hodson continued that he believed they could gather enough community support and
28 recommended that they put the project into referendum.
City Council Regular Meeting Minutes
_' • September 25, 2001
Page 10
1 Mayor Cavanaugh indicated that the building was not built as a community center, but,as.an office
2 building for the Public Works Department, the Police Department, and City Council. He stated that he
3 was surprised that the Fire Department had not yet been cited by O.S.H.A. for the fumes that fill the
4 building each time the Fire Trucks were started up.
5 Mayor Cavanaugh added that the project was long overdue and should be done now. He stated that
6 their pride was at stake, and that he was tired of this building being referred to as a prison. He stated
7 that the City of St. Anthony was the only city that held their Council meetings behind closed doors,
8 which suggests that visitors to the building are aggravating and un-welcome.
9 Mayor Cavanaugh concluded that they turn the project over to staff for them to come up with a funding
10 source and programming. He stated his belief that the recent national tragedy would directly affect
1 t community-life, making it a greater center of activity, as people would be staying closer to home.
12 Councilmember Sparks indicated that the project was a modest improvement that would create great
13 change in their community. She added that the cost of the project was very reasonable, and that
14 referendum was a fine idea, yet stated that they could not go out for referendum for$50,000 a year.
• 15 Councilmember Hodson stated that was true, but that they could go out as a total package.
16 Councilmember Sparks added that the project was larger than she initially was hoping for, but that she
17 was grateful for Ms. Olivier's great vision.
18 Mayor Cavanaugh stated that $100,000 was being used as an operating expense; instead of as capital.
19 He added that they need to squeeze as much as they could out of the $100,000 per year to get this
20 project done.
21 Morrison indicated that the $100,000 per year that they receive from the schools was essentially seen
22 as a lease payment. He added that the replenished funds were intended for use for the Fire Department
23 and Public Works.
24 Morrison added that once they got the new gym in, the operating costs increased considerably.
25 Councilmember Sparks stated that the building was seeing more use than they anticipated, which is why
26 they should move forward with the project.
27 Councilmember Hodson reiterated that he was in support of the project, but wanted to go forward with
• 28 a bond referendum in conjunction with Public Works and the Fire Department and have it completed in
29 one year.
City Council Regular Meeting Minutes
• September 25, 2001
Page 11
Councilmember Sparks stated that she did not want to wait for a bond referendum, because the
2 dissatisfaction on behalf of the community is very strong now.
3 Morrison indicated that he needed to receive a clear message from the Councilmembers whether they
4 want to put the project into referendum, or phase out the project over three years.
5 Mayor Cavanaugh indicated that he would staff to show them where, in their community, they would
6 get the money.
7 Councilmember Horst stated that he thought that after they approved the Central Park project, they
8 had cashed in all of their chips.
9 Councilmember Hodson,stated he would like to see the project put into referendum as a total package.
to Councilmember Thuesen stated that he did not understand the urgency of the project.
11 Councilmember Horst stated that, if the $50,000 per year would cost the City of St. Anthony a
• 12 firefighter, police officer, etc., that he would not feel comfortable with turning the project over to staff.
13 Mayor Cavanaugh spoke to each Councilmember individually and concluded that Morrison was to
14 come back to the Council with resources generated that would allow them to proceed.
15 Ms. Olivier reminded the Council that the panel-system was not included in the financial plan.
16 Councilmember Hodson added that the panel-system, the monument sign, and the flags were not
17 included in the financial plan. He continued that there are other incidentals that are potentially in the
18 plan that will cost more. He added that they have a reputation in the City of St. Anthony for doing
19 things half way, and that he would like to get away from that.
20 Councilmember Sparks thanked the involved parties for their hard work.
21 X. GENERAL POLICY BUSINESS OF THE COUNCIL.
22 A. Resolution 01-078, re: Receive report and order plans and specifications for 2002 Street
23 Improvement Project(Todd Hubmer, WSB &Associates, will be present).
24 Todd Hubmer stated that he was present to discuss the 2002 Street Improvement Project.
25 Hubmer indicated that the proposed project provides for the street and utility reconstruction on Wilson
• 26 Street from 30' Avenue to 32"d Avenue, Harding Street from 30`h Avenue to 31s`Avenue; 31St
City Council Regular Meeting Minutes
• September 25, 2001
Page 12
1 Avenue from Edward Street to Silver Lake Road; and 32nd Avenue from Edward Street to Belden
2 Drive. He indicated that there were 1900 lineal feet of roadway that would be reconstructed.
3 Hubmer reviewed the details of the other proposed improvements, which include: sanitary sewer,
4 watermain, storm sewer, street, permits and approvals, and detour routes.
5 Hubmer indicated that the above portion of the project would be funded by the Minnesota Department
6 of Natural Resources.
7 Hubmer indicated that the funding for the proposed project had four main components:
s -sanitary sewer($290,000)
9 -watermain improvement ($280,000)
10 -storm sewer improvement( $710,000)
11 -street reconstruction ($920,000)
12 Hubmer indicated that the total project was projected to be approximately $2,200,000. He added that
13 funding for the project would come from a variety of sources including City Street and Utility
14 Reconstruction Funds (Public Improvement Bonds), Special Assessments to benefiting properties, and
15 the Minnesota Department of Natural Resources.
16 Hubmer stated that the City's assessment policy for street assessment was based on front footage along
17 improved roads. He indicated that the property owner would be assessed 35% of total street and local
18 drainage construction costs. He added that each property owner that receives a new water service
19 would be assessed a flat rate per service hookup to new watermain.
20 Hubmer indicated that there was one segment that he wanted to bring to the Council's attention. He
21 stated that Wilson Street gets very narrow along the segment that runs next to the cemetery. He
22 continued that they are going to meet with the cemetery to discuss the possible widening and realigning
23 of Wilson Street in that area to make it more consistent with the remainder of city streets.
24 Councilmember Horst asked what the portion of working with the cemetery consisted of. Hubmer
25 stated that there were some mass burials back in the early 1900's that he wanted to investigate further.
26 Mayor Cavanaugh asked who the driving force was for widening the street. Hubmer responded that
27 City staff has pushed for widening the road.
28 Mayor Cavanaugh asked if it was best to leave it alone. Councilmember Thuesen stated that he lives in
929 the area and stated that residents have approached him on the issue.
City Council Regular Meeting Minutes
• September 25, 2001
Page 13
1 Councilmember Hodson stated that they have an obligation to the City to see what they can do.
2 Councilmember Horst asked how the $400 watermain connection fee in St. Anthony stacks up against
3 other communities. Hubmer indicated that the City of St. Anthony pays for more of the general street
4 fees than other cities in the area.
5 Morrison stated that they were looking at $1,300,000 in improvement bonds. Hubmer stated that the
6 DNR money for this project was in hand.
7 Motion by Councilmember Horst to approve Resolution 01-078, re: receive report and order plans and
8 specifications for 2002 Street Improvement Project.
9 Motion carried unanimously.
10 B. Ordinance 2001-002, re: Amend sign ordinance (3`d reading and option).
11 Motion by Councilmember Sparks to approve Ordinance 2001-002, re: Amend sign ordinance.
12 Motion carried unanimously.
13 XI. CITY ATTORNEY REPORTS.
14 A. Special Elections.
15 Jerry Gilligan indicated that the City could hold special elections in a question on which the voters are
16 authorized by law to pass judgements. He stated that examples of this would be the question of
17 whether a city shall issue general obligation bonds where the voters must approve the issuance of the
18 bonds and the question of whether a city shall issue on-sale liquor licenses.
19 Gilligan indicated that a special election may be ordered by the City Council on its own motion or upon
20 a petition signed by a number of voters equal to 20%of the votes cast at the last City general election.
21 Councilmember Thuesen asked what the process would be if the voters were to approve split-liquor
22 licensing. Gilligan indicated that the City would not have to agree to issue the maximum that was
23 permitted by state law.
24 Councilmember Thuesen what type of options the City would have asked if a restaurant wanted to
25 come in, but the City did not want to see the particular establishment come into to the City. Gilligan
26 stated that if the establishment met the conditions of the ordinance they would likely have to be allowed
27 in.
City Council Regular Meeting Minutes
September 25, 2001
• Page 14
1 Gilligan continued that there were some conditions that the City could place in the ordinance to protect
2 them from getting a particular type of operation in.the City that they did not want.
3 Gilligan stated that the liquor laws in Minnesota were confusing.
4 Mayor Cavanaugh stated that he was at Cub Foods recently and saw Mike's Hard Lemonade amidst
5 pop, bread, and cookies behind all of the cash registers. He added that he would like to see an audit
6 on these types of products in grocery stores.
7 Mike Larson greeted the Council. He indicated that the grocery stores are attempting to make their 3.2
8 beer and non-alcoholic beers better known by housing them with candy and other frequently consumed
9 products.
10 Larson indicated that they have been documenting things of that nature, as they are making a direct
11 association between alcohol and children. He indicated that the struggle between grocers and liquor
12 stores has been going on for awhile and will be an at the next legislative session.
• 13 Mayor Cavanaugh stated that they should have a standard that has alcohol packaging looking like
14 alcohol. Larson agreed, but indicated he was uncertain of how truly feasible doing that would be.
15 Momson suggested that Councilmembers keep the pages related to the issuance of On-Sale Liquor
16 Licenses found in this evening's packet.
17 Gilligan stated that the City can spend City dollars to provide information about the referendum.
18 Councilmember Sparks wondered about the success of mid-year referendums. Morrison indicated he
19 thought they were typically lower, but that they were not recommending a mid-year yet.
20 Gilligan stated he thought it was fairly common for cities and school districts to hold special elections
21 independent of the general election.
22 Morrison added that the results of a special election simply provide the authority to make a decision.
23 Mayor Cavanaugh indicated that the 1999 State Liquor Operations had come out, and that the City of
24 St. Anthony had the best gross margins in the city, next to the City of Wayzata.
25 Councilmember Hodson asked if there was anything that needed to be put forward regarding future
1026 projects and timelines related to liquor, the Fire Department, and the Public Works building. Morrison
City Council Regular Meeting Minutes
• September 25, 2001
Page 15
1 suggested that they go through Ehlers and Associates to identify some numbers and advise them on
2 timelines.
3 B. Moratorium.
4 Gilligan reviewed the moratorium for the property in St. Anthony that was known as Village Northwest
5 and was due to expire on October 4, 2001.
6 Gilligan indicated that the moratorium could be extended eighteen months. He stated that he did not see
7 a need to extend the moratorium, and recommended that they let the moratorium expire.
8 Mayor Cavanaugh asked about subdividing the property and asked if there was any unilateral authority.
9 Gilligan indicated that the moratorium did not prevent them from subdividing the property but from
10 building on it.
11 The Council decided that they let the moratorium expire.
12 XII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
® 13 Momson indicated that he had several dates to review with the Council:
14 -September 4. 2001-City Staff met with the Community Development Division of the Metropolitan
15 Council. Met Council was excited about their plan and wanted to put together a funding package for
16 the project.
17 -September 5. 2001-Mornson and Roger Larson met with the new Superintendent and School Finance
18 Director, and discussed the issue of tax abatement regarding Central Park.
19 -September-Citywide sexual harassment prevention training throughout the month.
20 -September 20, 2001 Mayor Cavanaugh, Mornson, Henry, Prosser, and Shardlow held an open-
21 house on concept plans with about ten developers.
22 -October 10,2001-Mayor Cavanaugh will speak to the Met Council on the project, as well as Jim
23 Prosser and John Shardlow. Councilmembers welcome.
24 Mayor Cavanaugh stated that he would like to see, in the near term, some funding to tear the building
25 down.
26 -October 29, 2001-Joint meeting with school at 7:00 p.m.
27 -City Survey the school would be doing their survey independent of the city at a later date.
28 -Cleaning Services-Increasing in cost for the facility. Will be requesting proposals for those services.
29 -Public Hearing on 2002 budget-to be held on December 11, 2001.
30 -Wine- rg ocery-Mornson and Larson meeting on September 27, 2001 with the Municipal Beverage
0 " Association.
City Council Regular Meeting Minutes
• September 25, 2001
Page 16
1 Morrison reviewed the Future City Council Agenda Items. The Council determined that they would
2 have a special meeting on November 6, 2001 at 8:30 p.m. for the canvass of November 6, 2001 local
3 election.
4 Council decided to make the December 11, 2001 meeting a regular meeting.
5 Mayor Cavanaugh indicated that they needed to do performance reviews for the City Manager, and
6 decided to use the same procedure as last year.
7 XIII. INFORMATION AND ANNOUNCEMENTS.
8 Councilmember Sparks indicated that she had received a couple of phone calls regarding the Harding
9 Pond construction, which has led residents to trek through yards to see the progress. She stated that
10 she has been asked to remind residents that the area is private property and that it needed to be treated
11 as such.
12 Councilmember Hodson referred to the goal of$10,000 that the school was hoping to achieve for the
13 relief funds. He added that he had recently been part of an American Society for Domestic Terrorism.
• 14 He indicated that he had compiled some of the resources that the City of St. Anthony has through
15 Federal Funds,etc. and asked that Councilmembers look it over.
16 Councilmember Hodson referred to the St. Anthony Fire Department Pancake Breakfast that would be
17 taking place on October 14, 2001 from 8:00 a.m.-12:30 p.m. He indicated that 100% of the proceeds
18 would be going to the NYFD fund. He added that the Council would serve a terrific purpose in getting
19 behind it and pre-selling tickets.
20 Mayor Cavanaugh referred to the letter in the packet that was about the Stonehouse. He stated that
21 they lost $4300 in the month of August. He indicated that they need to keep track of these sort of
22 happenings.
23 Mayor Cavanaugh referred to the Transit Workshop that will take place at the St. Anthony Community
24 Center on October 3, 2001, and requested that they advertise it on the cable station.
25 Mayor Cavanaugh referred to an editorial in the newspaper by the Fire Department that states that the
26 Fire Department has.a tough road ahead of them. Mayor Cavanaugh asked Morrison what that tough
27 road consisted of Mornson stated he was uncertain, and perhaps the statement was simply an opinion.
28 Mayor Cavanaugh referred to the City's Emergency Relief Plan that was last updated in 1996. He
929 stated that it should be updated in light of the events in New York City.
City Council Regular Meeting Minutes
September 25, 2001
• Page 17
1 Mayor Cavanaugh indicated that the wife of Hennepin Parks Executive Director,Doug Bryant,
2 passed away of cancer last week at age 54.
3 Mayor Cavanaugh stated that he was in Ireland when the terrorist attack on the World Trade Center
4 took place. He indicated that the Irish were amazing with their outpouring of love to the Americans.
5 XIV. ADJOURNMENT.
6 Motion by Mayor Cavanaugh to adjourn the meeting at 10:14 p.m.
7
8 Motion carried unanimously.
9 Respectfully submitted,
10 Courtney Seesz
1 l Timesaver Off Site Secretarial, Inc.
12
13 Ma 'fem
14 ATTEST:
14 City Clerk
•
• 1 CITY OF ST. ANTHONY
2 CITY COUNCIL STUDY SESSION
3 October 9, 2001
4 7:00 p.m.
5 I. CALL TO ORDER.
6 Mayor Cavanaugh called the meeting to order at 7:00 p.m.
7 II. PLEDGE OF ALLEGIANCE.
8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance.
9 III. ROLL CALL.
10 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and
11 Hodson.
12 Absent: None.
13 Also present: City Manager Mike Mornson.
14 IV. COMMUNITY FORUM.
15 Mayor Cavanaugh invited residents to address the Council on items that are not on the regular
16 agenda.
•17 Hearing no response, Mayor Cavanaugh moved forward with the agenda.
18 V. ACTION ITEMS.
19 Motion by Councilmember Sparks to approve the City Council Study Session Consent Agenda
20 for October 9, 2001. Said Consent Agenda consisted of:
21 A. Consent A eg nda.
22 Licenses/Permits; and
23 Claims.
24 Motion carried unanimously.
25. B. Ordinance 2001-003, re: Water rates (1" reading).
26 Mornson indicated that they had reviewed the water rates for the year, and indicated that a three-
27 cent water increase would be necessary: He also indicated that it was determined that a six cent
28 sewer increase was necessary. Mornson added the total increase would amount to an annual
29 increase of ten dollars and eight cents on an average sewer/water user.
30 Mornson added that an ordinance was set in place in 1998 that allows for changes in the sewer
31 rates without amending the ordinance and does not require any action by the Council.
32 Mornson indicated that Finance Director Roger Larson recommended the increase.
•33
City Council Meeting Minutes
October 9,2001
Page 2
1 Motion by Councilmember Thuesen to approve the first reading of Ordinance 2001-003, re:
2 Water rates.
3 Motion carried unanimously.
4 C. Planning Commission Items-August 21, 2001 meeting,
5 1. Resolution 01-081, re: Wirth Companies, request lot split for Lot 1, Block 1,
6 Beutz Addition.
7 David Lutz, of Wirth Companies, explained that the proposed lot split had been approved
8 by the Council back on June 23, 1998, but the applicant did not follow-up with a final
9 plat. He added that a dispute arose between his client and the other property owner
10 which was why the split was never completed.
11 Mr. Lutz indicated that following litigation, the two parties have come to settlement, and
12 part of the settlement was that the purchaser of the property would be deeding back a
13 portion of the parcel. He added that it was necessary to get the project re-approved by
14 the Council, which was why he was there.
15 Councilmember Sparks requested that Mr. Lutz review the map of the area for the
16 Council.
17 Mr. Lutz indicated that his client owns Lot 2, which is vacant land, and that attaining Lot
18 1 would help with the development of the lot. He added that there was a provision in the
19 zoning regulations that all lots must abut by their full frontage on a public street which,
•20 under the proposed lot split, would happen.
21 Mr. Lutz added that the lot split would create more square footage which would allow for
22 a building to be built, as well as put them in compliance with the parking requirements.
23 Mayor Cavanaugh asked who would have more parking. Mr. Lutz indicated that
24 Mr. Lutz responded the vacant lot would have more parking.
25 Councilmember Horst clarified what Mr. Lutz was proposing.
26 Councilmember Sparks.asked if there were any plans to develop the property. Mr. Lutz
27 responded that there were none at this time.
28 Mayor Cavanaugh indicated that it would be an irregular shaped lot when the proposed
29 lot split would be complete. He added that this land was located inside of the City's
30 multi-million dollar Northwest Quadrant where a moratorium on the land was just lifted.
31 He suggested that they wait until there was a development plan.
32 Mr. Lutz indicated that they could not wait until they had a development plan because
33 they do not own the land at this time.
•34 Councilmember Thuesen stated that he did not think the area was part of the Apache
35 Plan. Mayor Cavanaugh indicated that part of it was included in the Apache Plan.
City Council Meeting Minutes
October 9,2001
Page 3
• 1 Mr. Lutz stated that the existing state of the lot was out of ordinance, and the proposed
2 lot split would bring it,into accordance.
3 Jim Prosser indicated that, if there was not a development plan in place, the property
4 provides good opportunity for both parties and suggested that they continue discussions.
5 Councilmember Sparks indicated that she would not like to see another car wash in the
6 space. Mr. Lutz responded that his client specializes in medical buildings, and that it
7 would probably be some sort of small medical development.
8 Councilmember Horst stated he thought it was a good idea to look at the plan in relation
9 to the Northwest Quadrant Redevelopment Plan.
10 Morrison stated that they were going from three lots to two lots, which would give more
11 commercial frontage to one of the lots. Mayor Cavanaugh indicated that, because the
12 single lot was the end lot and not developable standing by itself, it would have to be
13 consolidated with somebody as they move along with the Northwest Quadrant re-
14 Redevelopment Plan.
15 Planning Commission Vice Chair Randy Stille came forward to summarize the
16 conclusion of the Planning Commission on the lot split. He indicated that, without
17 talking to any Legal Council,they saw no reason to not move forward with procedure
0 18 regarding the lot split.
19 Councilmember Horst questioned the urgency of the lot split. Mornson indicated that the
20 Council has sixty days to make a decision.
21 Mr. Lutz indicated that if they do not approve the lot split soon, then his client would
22 probably move forward with development as is.
23 Mayor Cavanaugh suggested that they table the preliminary plat until the next meeting.
24 VI. REVIEW ITEMS.
25 A. Discuss financial strategies (Jim Prosser, Ehlers and Associates, will be present).
26 Jim Prosser introduced Elizabeth Diaz, his colleague, who was present and had done the
27 preparation for the meeting including the spread-sheets that were to be used this evening.
28 Prosser indicated that it was not a five-year budget, but a set of strategies to be examined on an
29 annual basis. He indicated that they will be able to determine how to balance the financial
30 resources that are available and the outcomes that they want to have for the community.
31 Key Financial Strategies
32 SESSION OBJECTIVES
33 -Review outcomes of Foundation items
• 34 -operating
City Council Meeting Minutes
October 9,2001
Page 4
• 1 -capital
2 Prosser stated that the issue is how to balance.- Prosser indicated that it was really important for
3 the Council to look at the components of developing a strategy.
4 Prosser indicated that Legal Council has suggested some items to be considered. He added that
5 they are not items that have to be included, but that they wanted the Council to be aware of some
6 of the capital needs that exist. He added that was extremely important that the Council take the
7 time to add any other items that they would like to see included.
8 Prosser stated that it was common for cities to look at budgeting as an input management
9 process. He indicated that there will need to be a balance in terms of discussion at the policy
10 level about what is driving inputs and outcomes.
11 Prosser indicated that they need more input from the Council than the last session in order for the
12 process to work.
13 Prosser stated that it was very typical for a city staff to stop providing the potential needs that are
14 three to five years out because they realize that the financial resources are not there.
15 Prosser stated that this process has the staff review a checklist of building systems, etc. and
16 asked them to check the items that have not been projected as a need.
17 -Discuss Gap Financing options
• 18 -Revenue options
19 -Service levels
20 -Discuss community impact of options
21 -Referendum strategies and tools
22 BUDGET EXPANSION-OPERATIONS
23 -Expanding Newsletter
24 -Enhancing cable presentation of Council meetings-sound and video equipment
25 -Increasing election judge salary
26 -Increasing staffing increases and additions
27 -Information technology staff
28 -Sworn officer, crime prevention, specialists, and data entry clerk.for public
29 safety .
30 -Additional firefighters (3)
31 -Additional park employee
32 -Additional planning work for the Northwest and Southwest Quadrants
33 -Other from Council
34 Councilmember Thuesen asked at what point they discuss funding of staff time, etc. Prosser
35 indicated that they wanted to size the resources so that they would know how to build the model.
•36 Councilmember Sparks reviewed her thoughts on the above items which included:
City Council Meeting Minutes
October 9,2001
Page 5
• 1 -Staff person for the Parks and Recreation Department
2 -Replacing the funding of charitable gambling to the City, if the Stonehouse is shut down
3 -Additional grounds maintenance
4 -Staff person for the Community Center during after-school hours
5 Mayor Cavanaugh indicated that the resources have been added, but the outcomes have never
6 been articulated. He suggested that adding anything to the list would be a one-way street of
7 adding as opposed to re-inventing.
8 Mr. Prosser indicated that Mayor Cavanaugh mentioned a good point. He added that,
9 theoretically, it would be appropriate for them to provide every outcome. However, he
10 continued, there are some outcomes that they could change (frequency of snow-plowing, number
11 of inches of snow before sidewalks are plowed).
12 Prosser asked the Council if there are areas that, in order to achieve a certain outcome, they are
13 providing too much in resources. He added that was an important component of the strategy.
14 Councilmember Hodson mentioned that several members of the community would like to see a
15 School Liaison.
16 Councilmember Thuesen inquired about the School Liaison. Mr. Prosser indicated that the Gap
17 Analysis would tell them if they had the funding resources.
018 BUDGET EXPANSION CAPITAL
19 -Public Works facility
20 -Relocate Fire Station
21 -Update Pavement Management Program
22 -Public Works storage for equipment
23 -Relocating and rebuilding Stonehouse off-sale
24 Mayor Cavanaugh stated he would like to add the street lighting and sidewalk efforts to the
25 above list.
26 Councilmember Horst asked about the Pavement Management Program. Jay Hartman stated it
27 was used to assess the overall condition of the roads so that there is some direction on what has
28 been under construction and what needs attention. He added that it was a computerized
29 management tool of the entire infrastructure.
30 Councilmember Hodson asked if the Pavement Management Program would also include the
31 process of analyzing the extra cost of concrete versus asphalt. Hartman stated that it was an
32 overall assessment tool for both bituminous and concrete pavement.
33 Morrison indicated that they used to have a Pavement Management Program in place that has
34 been shelved since the flooding took effect seven or eight years ago. He stated that they need to
35 take another look at which streets need seal coating, crack coating and reconstruction once the
•36 flooding is taken care of.
City Council Meeting Minutes
October 9,2001
Page 6
1 Councilmember Sparks added the following to the list:
2 -The Community Center improvement task force had identified a list of$150,000 worth
3 of improvements and there were a couple of things that were not on that list
4 -Permanent restroom at Water Tower Park
5 MAJOR CAPITAL INVESTMENTS
6 -$6,500,000 debt issue for Public Works facility
7 -$2,000,000 debt issues foe Fire Station relocation
8 -$1,000,000 debt issue for Stonehouse off-sale
9 -Continuing street improvement debt issues for pavement rehabilitation of approximately
10 $900,000 per year
11 -Other from Council
12 Prosser stated that one of the areas that he would like to see them examine are an analysis of
13 their current buildings, status of parking lots, etc. so that they have those items to submit when
14 they are forecasting.
15 Mayor Cavanaugh asked about the Public Works facility under the capital. He asked if, when
16 they look at the gap, has the capital cost been reflected in the operating expense. Prosser
17 indicated that when they complete there analysis they will need to include what it will cost to
18 service that debt as well as, if there are increased operating costs for the facility, they should be
19 included then.
• 20 Mayor Cavanaugh mentioned sub-contracting things such as tree trimming, sewer work, and
21 snow plowing and asked how they get the incentive to begin looking at alternative ways to the
22 $6,500,000. Prosser indicated that was a very complex question because numerous factors need
23 to be considered.
24 Mayor Cavanaugh indicated that before he would ever approve anything, he would like to know
25 that he looked at the alternatives for the $6,500,000. Prosser indicated that they needed to
26 examine the costs involved to run the facility and to truly understand those costs.
27 After much discussion on the Public Works facility, Prosser indicated that it needed to be
28 reviewed and added to the strategy. He added that they also should look at an appropriate range
29 of options.
30 It was suggested that the use of "Stonehouse" in the above be changed to "SAV". Mornson
31 concurred.
32 PRIORITY LEVELS
33 -Level 1-Critical to continue operation of baseline city services at present service levels
34 -Level 2-Opportunities for increased efficiency in baseline city services
35
36 There was discussion about the Public Works facility and sub-contracting among the Council
37 and Prosser.
•
City Council Meeting Minutes
October 9,2001
Page 7
• 1 -Level 3-Opportunity for expanded services to meet existing demands from Council
2 direction of Staff analysis
3 -Level 4-Opportunity to increase services to improve the quality of life within the city
4
5 Prosser reviewed the projections for the General Operating financial statistics and broke them
6 down by year through 2006. He highlighted a funding gap under the operating category in the
7 years 2003 through 2006.
8 Prosser reviewed the projections for the Liquor Enterprise financial statistics thr 4Qh 2006.
9 Prosser reviewed the projections for the Utility Enterprise financial statistics thrJPls:)6. He
10 highlighted that the transfers out category was for general capital. Prosser also highiighted a
11 declining cash balance in 2005 and 2006.
12 REVENUE ENHANCEMENTS
13 -Re-evaluate administrative fees to enterprise funds
14 -Analyze utility fee revenues
15 -Utility franchise fees
16 -Sealcoat assessment
17 -Re-evaluate certain fees, such as licenses
18 -Create a streetlight utility fund
19 -Institute fees for medical calls
20 -Examine and adjust assessment policy
• 21 -Park user fees
22 -Relocate SAV 1 to Highway 88 to increase revenues
23 -Seek vacation of Highway 88 excess ROW foe expanded retail pad
24 -Re-evaluate uncharged services to private property, such as snow removal
25 -Evaluate use of capital notes for some purchases
26 -Other from Council
27 Councilmember Sparks added tree trimming to the list.
28 Councilmember Horst added cutting grass to the list.
29 BUDGET REDUCTIONS
30 -Finance:
31 -Eliminate Risk Management Services
32 -Higher risk of loss
33 -Reduce travel, schools and conferences
34 -Diminish ability to train key personnel in important areas
35 -Reduce staffing levels
36 -Reduce service levels to tax payers and other customers
37 -Increase overtime
38 -Increase stress on remaining employees, which could create a morale
39 issue
40 -Other from Council
•
City Council Meeting Minutes
October 9,2001
Page 8
• 1 BUDGET REDUCTIONS
2 -Public Safety-Police-Reduce sworn staff
3 -Increased overtime
4 -Potential staff burnout and morale issues
5 -Loss or diminishment of programs such as bike patrol and crime prevention
6 efforts (DARE)
7 -Ability to establish programs such as school liaison officer and ability to
8 participate in drug task force eliminated
9 -Reduce special needs/assignment flexibility
10 -Public Works
11 -Curtail street sealcoating and crack filling program
12 -Reduced street maintenance may cause the acceleration of the need for
13 street replacement
14 -Reduce street sweeping to twice per year
15 -Reduce city image
16 -Increase amount of debris in the storm sewer system
17 -Reduce staffing levels
18 -Reduced service to taxpayers and other customers
19 -Other from Council
20 REFERENDUM STRATEGIES
21 -Identify and community problem/need
1022 -Establish and communicate process
23 -Communicate results of process, explore options and impacts/costs
24 REFERENDUM TOOLS
25 -Community tools
26 -Resident task force
27 -Communications plan
28 -Impact analysis
29
30 Mornson clarified that the referendum would take six months to a year, and asked Prosser if they
31 would be looking at the general election next year for a possible referendum. Prosser stated that,
32 although it was the City's decision, that would generally be the case.
33 SESSION THREE OBJECTIVES
34 Organize suggested strategies
35 Evaluate impact of strategies on forecasts
36 Evaluate impact on residents and taxpayers
37 Research additional options
38
39 Mornson indicated that they would look to hold the next session in 2002.
40
41 VII. INFORMATION AND ANNOUNCEMENTS.
•42 None.
City Council Meeting Minutes
October 9,2001
Page 9
1 VIII. ADJOURNMENT.
2 Motion by Councilmember Sparks to adjourn the meeting at 9:28 p.m.
3. Respectfully submitted,
4 Courtney Seesz
5 Timesaver Off Site Secretarial, Inc.
6
7
8 Mayor Pr m
9 ATTEST:
10 City Clerk
•
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
.. • 3 October 23, 2001
4 I. CALL TO ORDER.
5 Mayor Pro Tern Horst called the meeting to order at 7:00 p.m.
6
7 Mayor Pro Tern Horst explained that the elected Mayor Cavanaugh resigned. Mayor Pro
8 Tern Horst stated that Cavanaugh noted the desire to spend more time with family as his
9 primary reason for resigning. Mayor Pro Tern Horst stated that he would take over the
10 duties of mayor, until the Council appoints a permanent replacement to fulfill the
11 remaining two years of Cavanaugh's term.
12 Mayor Pro Tern Horst acknowledged Cavanaugh's dedication to the improvement of the
13 City of St. Anthony and stated that he would be missed.
14 Motion by Councilmember Thuesen to accept the Mayor Cavanaugh's resignation.
15 Motion carried 3-1. Councilmember Sparks voted no.
16 II. PLEDGE OF ALLEGIANCE.
17 Mayor Pro Tern Horst invited the Council and the audience to join in the Pledge of
•18 Allegiance.
19 III. ROLL CALL.
20 Councilmembers present: Mayor Pro Tern Horst; Councilmembers Sparks,
21 Thuesen, and Hodson.
22 Councilmembers absent: None.
23 Also present: City Manager Mike Momson.
24 IV. APPROVAL OF OCTOBER 23,2001 CITY COUNCIL REGULAR MEETING
25 AGENDA.
26 Motion by Councilmember Hodson to approve the October 23, 2001 City Council
27 Regular Meeting Agenda.
28 Motion carried unanimously.
29 V. PROCLAMATIONS AND RECOGNITIONS.
30 None.
31 VI. COMMUNITY FORUM.
32 Mayor Pro-temp Horst invited residents in the audience to speak to the Council on items
33 that are not on the regular agenda.
•34 Resident Chris Schober, 2902 Crestview Drive, came forward to address the Council
35 regarding the Silver Point Park Project. She stated, originally, the city had decided to
36 make a holding pond in the park. Ms. Schober's desire was that the recreational skating
37 and hockey rink back at both Silver Point and Central Parks.
City Council Regular Meeting Minutes
October 23, 2001
Page 2
1 Ms. Schober referred to a petition that was signed by one hundred and seventy-five
2 students in the Middle School that requested that the skating return to both parks.
3 Ms. Schober continued with a background on the rinks and various situations with the
4 parks. She continued that promises were made last February tore-level the park,provide
5 a warming house, and make skating good for this winter. She indicated that the Parks
6 Commission recently had to make a decision to take out another season of one of the
7 sports; hockey was the chosen sport to eliminate this year.
8 Ms. Schober stated that she wanted it in the minutes that the City Council wants hockey
9 at all three parks, so that it does not become a debate in the future.
10 Ms. Schober stated that they needed the skating for the winter because it is the only
11 recreational outdoor activity for the City of St. Anthony. She added that traveling the
12 distance to another park takes away the independence that children have to go to the park
13 and play with their neighborhood friends.
14 Ms. Schober concluded that the issue at hand was that if the City could offer all of the
15 sports than they should. She added that the City desires skating at all three parks.
16 Councilmember Sparks thanked Ms. Schober for her persistence.in the issue. She added
10-17 that she wanted to go on record that the City Council supports skating in the recreational
18 parks, and that they will offer skating at all three parks in the future.
19 Councilmember Thuesen stated he was in support of them to offer skating at this time,
20 but said he could not promise that it would never be taken away due to financial issues.
21 Mayor Pro Tem Horst stated that it was in the plan to have skating and hockey at Central
22 and Silver Point Parks. He added that she could feel comfortable that this Council does
23 support youth hockey.
24 Councilmember Thuesen asked if Todd Hubmer, WSB, could come forward and address
25 the issue from an engineering perspective.
26 Hubmer indicated that last year was the first year that the park was back in full use. He
27 stated that they discovered that the slopes out near the ice at Silver Point Park made for
28 poor ice conditions. He added that they wanted to wait until the summer sports were
29 over before they began correcting the problem.
30 Hubmer reviewed the areas that would be corrected and stated that next spring will,
31 hopefully, help the grass growth and make for better conditions for the ice, as well as the
32 other sports.
33 Councilmember Thuesen asked why it was not done correctly the first time. Hubmer
034 stated that there were a number of things that happened the first time, the mis-grading of
35 the slopes being the main problem.
City Council Regular Meeting Minutes
October 23, 2001
Page 3
• 1 Councilmember Hodson thanked Ms. Schober for her attention to the matter, as he feels
2 it is important, as well.
3 Councilmember Sparks suggested that, given the financial realities, they pass a resolution
4 supporting the continuation of the skating program.
5 Motion by Councilmember Sparks to approve a resolution in support of continuing the
6 ice-skating and hockey rinks in the City parks from 2002 and on.
7 Motion carried unanimously.
8 Resident Jim Weihoff came forward and stated that he has lived in the City of St.
9 Anthony for forty years. He addressed Councilmembers Thuesen and Hodson and began
10 asking them about the forum that took place last week. He asked what they were going
11 to do to start economizing, and how they would make City workers more efficient.
12 Councilmember Thuesen interjected and stated that he thought Mr. Weihoff s questions
13 were highly inappropriate and would not respond to Mr. Wehoff's questions.
14 Councilmember Hodson indicated that he would be happy to sit down and have coffee
15 with Mr. Weihoff regarding his questions at another time.
1016 VII. CONSENT AGENDA.
17 A. Approve September 25, 2001 Regular Council Meeting Minutes.
18 Councilmember Sparks corrected Page 2; the spelling of Barb Kay to read, "Barb
19 Kiernoziak."
20 B. Licenses/Permits.
21 C. Claims.
22 D. Ordinance 2001-003, re: Water rates(2n4 reading).
23 E. Wirth Companies request for a preliminary plat approval (Resolution 01-081).
24 Motion by Councilmember Sparks to approve the Consent Agenda, as corrected above
25 Motion carried unanimously.
26 VIII. PUBLIC HEARING.
27 None.
28 IX, REPORTS FROM COMMISSION AND STAFF.
29 A. General engineering_report from Todd Hubmer, WSB.
1830 Todd Hubmer, WSB, came forward to provide an update on the current status of
31 projects that are ongoing within the City of St. Anthony:
32 1. 29'h Avenue Street Reconstruction:
City Council Regular Meeting Minutes
October 23, 2001
Page 4
• 1 Hubmer stated that the 291h Avenue Reconstruction is substantially
2 complete. He added that there may be some sod and warrantee issues that
3 will be addressed next spring.
.4 Mayor Pro Tern Horst asked about 88`h and 291h,and if it was intended to
5 be a cross-walk in red brick, or painted. Hubmer indicated that he was
6 uncertain, and indicated that he would look into the area and the concern.
7 Councilmember Sparks asked if Hubmer would review the funding of 29`h
8 Avenue. Hubmer indicated that there were two sources of funding, both
9 of which were state funding. He explained that there was a$400.00
10 assessment for the residents of 29`h which paid for the stop-box and curve-
. 11 box at the end of the street.
12 Hubmer added that the City's Beautification Fund paid for some of the
13 street lighting improvements as well.
14 :
15 2. 2001 Street Reconstruction.
16 Hubmer indicated that the new storm sewer, watermain and sanitary sewer
17 repairs have been completed. He stated that the curb installation on 30`h
18 Avenue will begin during the week of October 22nd and asphalt will follow
•19 during the week of October 29`h.
20 Hubmer stated that the driveways on Wilson Street and West Armour
21 Terrace are complete. He indicated that driveway work on 30`h Avenue
22 would begin during the week of October 29`h. He added that sod and
23 restoration work would begin during the week of October 22nd
24 3. Harding Street Pond.
25 Hubmer indicated that construction on the pond was complete. He stated
26 that plantings in the pond and seeding of the pond slopes is also complete.
27 He indicated that the maintenance period for the plantings would begin
28 next spring.
29 4. 2002 Street Reconstruction and Feasibility Study.
30 Hubmer stated that a neighborhood meeting to discuss the 2002 street
31 reconstruction final design, construction schedule, and that the City's
32 Assessment Policy is scheduled for the week of November 5, 2001.
33 Hubmer added that final plans would be presented to the City Council at
34 the November 13'h Council meeting. He stated that authorization to order
35 bids would be requested from the Council with an anticipated December
36 bid opening.
07 5. Wellhead Protection Plan.
38 Hubmer stated that Phase I of the Wellhead Protection Plan was ongoing.
39 He stated that the initial process of collecting data has included meetings
City Council Regular Meeting Minutes
October 23, 2001
Page 5
1 with the Twin Cities Army Ammunition Plant, City of New Brighton, and
2 the Ramsey County Soil and Water Conservation District.
3 Hubmer stated that Phase I is anticipated to be completed during the
4 summer of 2002 and the entire Wellhead Protection Plan completed in
5 2003.
6 6. Sanitary Sewer I&I Education Program.
7
8 Hubmer stated that the foundation draintile and sump pump removal
9 program letter and brochure have been revised, and said they would be
10 sent to City Council and staff for their review and comments during the
11 week of October 22nd. He indicated that the next mailing and public
12 meeting would occur in November.
13
14 7. Silver Point Park.
15 Hubmer stated that, in order to prepare the park for the future Silver.Point
16 Park building, and to address some issues within the baseball, hockey, and
17 skating areas, it was proposed that grading of Silver Point Park be
18 completed this fall.
19 Hubmer stated that the proposed grading improvements were presented to
0 20 the Parks Commission at their October meeting. He indicated that they
21 have also'met with the park building designer to incorporate the building
22 location, utility needs and building pad elevations into the proposed
23 grading improvements. He added that, to minimize the time needed to
24 establish turf within the Silver Point Park, it was recommended that
25 skating not be provided in Silver Point Park this winter.
26 Hubmer indicated that alternative skating facilities are located at Emerald
27 Park and Sandcastle Park in Roseville.
28 H. Change Order#1 relating to 2001 Street Improvements.
29 Motion by Councilmember Hodson to approve Change Order#1 relating to Street
30 Improvements.
31 Motion carried unanimously.
32
33
34 I. Review community survey questions with Decision Resources (Resolution 01-
35 082).
36 Mornson stated that the community survey was a proposal that the City Council
37 has been discussing for the past year. He stated it would be a city survey only,
38 last done in 1998. A City survey had also been done in 1993.
39 Mornson stated that the estimated cost to complete the survey was $10,000 would
040 be paid for by the Cable Communication budget.
41 Jim Prosser, Ehlers and Associates, was present to answer any necessary
42 questions that may arise this evening surrounding the survey.
City Council Regular Meeting Minutes
October 23, 2001
Page 6
• 1 Mayor Pro Tern Horst asked how the survey went from being seventy questions
2 to over one hundred questions.'Prosser indicated that the additional questions
3 were mentioned by members of the Council. He added that Decision Resources
4 was more than comfortable to strike any questions that they did not want to be on
5 the survey.
6 Councilmember Thuesen asked if there were any risks involved with having
7 additional questions. Prosser stated that there is an attempt to limit questions in
8 order to not exceed the period of comfort. He indicated that the survey for the
9 City of St. Anthony was well within the comfort zone.
10 Councilmember Thuesen asked if Prosser was comfortable that the City has
11 covered their bases with the questions contained in the survey. Prosser stated
12 that, generally, there was plenty of material in the survey. He added that they
13 might want to add a few more questions that will indicate how the residents feel
14 about re-development.
15 Prosser added that it was better to focus in on several key issues when doing these
16 surveys and to do them more frequently.
17 Councilmember Hodson asked if surveying four hundred residents was sufficient.
® 18 Prosser indicated that surveying four hundred residents gives them a margin of
19 error that is comfortable with those types of surveys.
20 Councilmember Thuesen asked about questions 39-43, wondering with the drastic
21 changes that are taking place. Prosser stated that if the Council does not feel the
22 information is useful at this time, then do not include it.
23 Councilmember Sparks agreed that questions 39-42 could be either eliminated, or
24 condensed into one question. The Council agreed to strike questions 39-42 from
25 the survey.
26 Councilmember Sparks stated they could strike questions 48-63 because the
27 liquor stores are not an issue for the City at this time.
28 Councilmember Thuesen stated that he thought the results would be helpful for
29 Mike Larson, Liquor Manager, to help him with his decisions that will result in
30 the highest possible profits.
31 Councilmember Sparks stated she thought it was still excessive. Councilmember
32 Hodson stated that they could remove a few questions, but agreed with
33 Councilmember Thuesen that the information could be valuable.
34 The Council concluded that questions 48-63, regarding liquor could be
035 condensed.
36 Mayor Pro Tern Horst expressed concern with questions 64-75 regarding the
37 Stonehouse. Prosser suggested that they drop 64-75. The Council agreed.
City Council Regular Meeting Minutes
October 23, 2001
Page 7
• 1 Councilmember Sparks referred to the wording of 45 and 46. She suggested that
2 they read "replacement of the Fire Station and Public Works facility," instead of
3 new. Prosser indicated that the introduction to the question could be added to
4 read"...age and adequacy of the current Fire Station and Public Works facility." _
5 Councilmember Thuesen suggested that question number 46 add office work
6 area, as well.
7 Council concluded that they liked the wording of replacement better than new.
8 Mayor Pro Tern Horst referred to question 20. The Council discussed the options.
9 They concluded that the question needed to be prefaced with a statement
10 regarding recreational programs.
11 Councilmember Sparks indicated that questions 10-12 could be combined into
12 one.
13 Mayor Pro Tern Horst asked about questions 34-35, and what they are looking
14 for. Prosser indicated that they do want to see how much contact they have, as
15 well as the level of satisfaction.
16 Councilmember Thuesen referred to question 36.
1017 Councilmember Sparks 31 and 32. She suggested that they drop Mayor from the
18 questions and make it read City Council only.
19 Councilmember Sparks asked about question 21, and if it was referring to code
20 enforcement. Prosser stated that they needed to think about how the residents
21 would view the question.
22 Mayor Pro Tern Horst asked the Council if they wanted to view the completed
23 Community Survey before they approve it. Councilmember Hodson suggested
24 that they entrust the professionals to make the requested changes. Council
25 agreed.
26 Motion by Councilmember Hodson to.approve Resolution 01-082, with changes
27 to the proposal as amended.
28
29 Motion carried unanimously.
30 Councilmember Sparks and the rest of the Council thanked Prosser for his work
31 and input.
32 X. GENERAL POLICY BUSINESS OF THE COUNCIL.
•33 None.
34 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
35 Mornson indicated that there was a break-in last night at Liquor Store number two, as well as
36 other buildings. He indicated that an individual was apprehended at around 4:00 a.m.
City Council Regular Meeting Minutes
October 23, 2001
Page 8
• 1 Momson reminded the Council that there was a joint meeting with the School Board next
2 Monday evening, October 29, at 7:00 p.m. He'stated that they would be updating the School
3 Board on various city projects, as well as discussing future capital needs of both the School
4 Board and the City Council
5 Morrison indicated that on November 13`x,they would be receiving a report from Springsted
6 Associates, as well as the City's Finance Department discussing the impacts that the property tax
7 laws will have on the tax increment districts. He indicated that they do have some tax increment
8 funds left. He encouraged the Council to give some thought to the subject.
9 Councilmember Thuesen asked if they should be looking at funding from some of the other
10 sources that they have considered. Momson stated that was a possibility, tax increment funds
11 would be expiring soon.
12 Mornson stated that they have received several phone calls from people interested in the details
13 of the Mayors resignation. He indicated that they would be putting a press release together and
14 would inform the Council of their options for the process to select a new Mayor. The options for
15 the City Council to consider will be discussed at the next City Council meeting on November 13,
16 2001.
17 XII. INFORMATION AND ANNOUNCEMENTS.
�18 Councilmember Hodson stated that he would like to be aware of the City of St. Anthony's
19 policies on bio-contamination. He indicated that the City had some things that were in place of
20 which residents should be aware.
21 Mayor Pro Tern Horst thanked the Chamber of Commerce for having the Candidates Forum last
22 week. Lastly, Mayor Pro Tern Horst encouraged everyone to get out and vote.
23 XIII. ADJOURNMENT.
24 Motion by Councilmember Hodson to adjourn the meeting at 8:08 p.m.
25 Motion carried unanimously.
26 Respectfully submitted,
27 Courtney Seesz
28 TimeSaver Off Site Secretarial, Inc.
29
30 m1f Pro
31 ATTEST: 0 `
32 City Clerk
I CITY OF ST. ANTHONY
• 2 PARKS COMMISSION MEETING MINUTES
3 October 10,2001
4 7:00 p.m. .
5 Conference Room
6 I. CALL TO ORDER.
7 Chair Jindra called the meeting to order at 7:00 p.m. and welcomed everyone in attendance.
8 I1. ROLL CALL.
9 Present: Chair Jindra, Vice Chair Doug Koehntop, Commissioners Daniel
10 Ganley,Julie Gebhardt, Colleen Hallada, Jan Jenson, and George
t 1 Wagner.
12 Absent: None.
13 Also Present: Public Works Director Jay Hartman; Representative from Community
14 Services Diane Skrivseth; Representative from Sports Boosters
15 George Zurbey; Representative from the School Board Denise Dunn;
• 16 Independent Contractor Maude Anderson; Todd Hubmer from WSB;
17 Auggie Wong from BRW; and Molly Olivier, SEH.
18 I1I. CENTRAL PARK
19 Chair Jindra thanked the Commission for their walk-through prior to this evening's meeting.
20 Chair Jindra indicated a pre-construction meeting was held on September 8, 2001. She stated that a
21 schedule was distributed with an overview of what would take place at Central Park. She added that
22 the schedule has been updated since its original release.
23 Chair Jindra reviewed a few other items on the schedule that had already been completed.
24 Jay Hartman indicated that he hired an outside group to remove the lights from the Central Park area ir.,
25 order to save some money, and indicated it would be done on Monday, October 14, 2001.
26 Chair Jindra indicated that a few issues came up immediately on their walk-through. One of which wa
27 loose concrete. Wong indicated that there would be a cost associated with the removal of the debris.
28 George Zurbey clarified that the light removal was a savings that was budgeted at a higher amount, in
29 which case the money would be put back in the budget. The new cost was $1,000 and the budgeted
30 cost was $2,800.
31 Wong indicated that the Commission needed to be open on cost issues and that they will shift at
Parks Commission Meeting Minutes
• October 10, 2001
Page 2
1 different points throughout the project.
2 Chair Jindra indicated that Scott Kerzman, Construction Supervisor with Veit Corporation, had some
3 playground equipment for the Commission to look at. She suggested that a sub-committee be formed
4 for the playground and the wet-deck area. Hartman indicated that Kerzman was having a difficult time
5 with vendors regarding the wet-deck because the budget was so tight.
6 Wong indicated that the wet-deck was still a new concept for a lot of communities which limits the
7 number of vendors that are coming in with bids. He referred to a diagram that he had of the planned
8 wet-deck and said it was very safe and playful in style.
9 Wong indicated that the advent of wet-decks is to eventually eliminate wading pools due to safety
10 concerns. ,
11 Commissioner Gebhardt and Chair Jindra stated that they would form the sub-committee for the
12 playground equipment and the wet-deck.
t13 Zurbey asked about lights on the-hockey rink that already exist, and asked if it were possible to transfer
14 them to the new hockey rink. Wong asked Hartman to provide him with model numbers so that he
15 could see about the feasibility of using them for the new rink.
16 Molly Olivier distributed a diagram of the park pavilions and restrooms, and the schedule for the
17 project. She indicated that she had put in the worst-case scenario in terms of coordinating the different
18 projects. She reviewed the schedule with the Commission highlighting the potential of having a very A
19 and heavy snow in March, which would have construction first take place in April.
20 Todd Hubmer emphasized that the schedule really depends on the weather. Olivier echoed Hubmer's
21 concern that the Commission be aware that the schedule is very weather-dependent.
22 Olivier indicated that she would like to include one of Wong's schedules within her documents for the
23 benefit of the contractors.
24 Olivier indicate that if they do not get a contractor that was large enough to begin the projects at one
25 time, Silver Point Park could be up and running in time for next fall. Commissioner Gebhardt asked of
26 the likelihood that they could get the projects happening simultaneously. Olivier expressed her hope
27 that they could. She added that she would like to see Central Park get worked on first due to the way
28 that the areas are blocked.
29 Chair Jindra asked about Silver Point Park being worked on during the summer months when baseball
30 would be played. Hubmer indicated that there was access behind the backstops. Olivier indicated it
Parks Commission Meeting Minutes
_ • October 10, 2001
Page 3
t could be written in the documents that they keep access to the baseball park clear.
2 Chair Jindra asked Olivier if she thought the schedule was realistic. Olivier indicated she was, if the
3 weather holds.
4 Chair Jindra asked if anyone had any questions regarding Central Park.
5 Diane Skrivseth asked if she could tell community services that they could go ahead and schedule
6 games for next summer. It was determined that the park would not be ready.
7 Olivier indicated that she would like to schedule a meeting at some time to go through all of the specifi.
8 for Central Park from hardware on fixtures to fireplaces.
9 IV. SILVER POINT PARK
10 Chair Jindra indicated that they would be regrading the skating rink area this fall.
11 Hubmer reviewed Silver Point Park. He indicated that the main problem was with the hockey rink. He
• . 12 indicated that they are proposing to put in a retaining wall on one end and extend.the drain tile from the
13 south-side of the park.
14 Hubmer added that they would mound the baseball diamonds, and that drainage swells would be
15 placed behind benches to bring the water to the outside of the park. He stated that everything was for
16 the purpose of keeping the area dry.
17 Hubmer indicated that there would be a trade-off with the new design; the rink will not dry-out as
18 quickly as it does now.
19 Zurbey asked about the budget for the project. Hubmer indicated it was being funded by the DNR
20 Fund.
21 Commissioner Ganley stated that his children's friends say that it smells badly over there from the
22 standing water. Hubmer said that should be alleviated by the project.
23 Zurbey asked how deep the standing water would be. Hubmer indicated that it would be no more than
24 one foot.
25 Commissioner Ganley asked about the drain tile. Hubmer indicated that it would be just below the
• 26 surface.
27 Chair Jindra asked if they were solving one problem and creating another. Hubmer indicated that,he
Parks Commission Meeting Minutes
• October 10, 2001
Page 4
1 thought'that the field would be usable.
2 Commissioner Gebhardt asked when the construction would begin. Hubmer stated that construction
3 could begin as early as next week.
4 Hubmer suggested that, if the rink got seeded this year, they should not put ice over it because it would
5 kill the seed. Hartman stated that the problem has to be corrected at some point because the water has
6 been an issue for too long.
7 Skrivseth asked about free skating in Central Park. Hartman indicated that the only time for free
s skating would be on the weekends, when it is difficult to get an attendant.
9 Chair Jindra suggested that the Commission decide if there would not be skating at either Central Park
10 or Silver Point Park this winter.
11 Chair Jindra stated that it was suggested that the fields in Central Park have drain tile. She indicated
12 that it had been removed from the initial plans because of expense.
i
13 Commissioner Jensen asked about the plans for the field. Wong stated that they were originally
14 discussing drain tile for the fields, but the slope was high. Wong demonstrated where the drainage
I5 would go. He indicated that the question is how the water will drain when the slope is only one
16 percent.
17 Anderson indicated that the current field is pretty close to flat.
18 Zurbey indicated that he received some information regarding Sports Boosters funding drain tile. He
19 spoke with someone about using fields for St. Anthony athletics, and the conversation led to the
20 discussion of the fields in the City of St. Anthony. The gentleman with whom he spoke was a civil
21 engineer and indicated that the slope on the field was insignificant at one percent, and that drain tiles
22 were necessary.
23 Hubmer indicated that he worked with_the gentleman on other projects, and that they are different than
24 the field that they are concerned about.
25 Jensen stated that Wong indicated that he did not know if a contractor could make the field better than
26 -one percent.
• 27 Hubmer suggested that they only put drain tile underneath the trail, if that is something that they want t
28 consider.
Parks Commission Meeting Minutes
• October 10,2001
Page 5
1 Chair Jindra asked what Hubmer recommended. Hubmer recommended a one and a half percent
2 slope without drain tile:
3 Commissioner Wagner clarified that drain tiles were not a part of the specifics right now.
4 Jensen stated he thought that they should stick with the design the way that it is today.
5 Hubmer indicated that they could install drain tile in the trails and, if eventually necessary,they could b,
6 installed in the fields with reasonable ease.
7 Wong indicated that they would need at least 1500 feet of drain tile for the entire trail, which would
8 cost about$60,000.
9 Hubmer stated that the Commission could determine a price that they were willing to spend on the drair
10 tile for the trail,then see what a contractor comes up with for a bid.
11 Zurbey asked who would be at fault if the field were soggy after rain. Anderson indicated that
12 extremely heavy rains are going to produce soggy fields. He added that if an inspector gets the base
13 graded-properly,they unlikely would have a problem.
14 Chair Jindra re-asked who was responsible for soggy fields after$2,300,000 was spent on the project.
15 She received the same answer that did not determine blame, but, instead, importance that the inspector
16 does his job well.
17 Anderson indicated that a one and a half percent grade should be sufficient.
18 Jenson indicated that the suggestion from the contractor to add drain tile was a way to up-sell them
19 unnecessarily.
20 Commissioner Gebhardt stated that she felt that they have gone to the City Council too many times
21 asking for money, and that they should not go back when the project is finished and ask for money for
22 drain tile. She added that they either needed to determine that the drain tile was necessary now, and
23 come up with the money, or have the confidence that the grading will be done properly.
24 Hartman indicated that they could not go back to the City Council for more money.
25 Chair Jindra asked Commissioner Gebhardt if she thought that they needed to find a way to pay for the
• 26 drain tile now. Commissioner Gebhardt indicated she was concerned about the issue arising and that
27 they needed to get it right the first time.
Parks Commission Meeting Minutes
• October 10, 2001
Page 6
1 _ Anderson stated*his opinion was that the drain tile was not necessary. He added that it would not hurt
2 to get an estimate on drain tile, but indicated that, as they get further along on the project, other things
3 will come up and that they should not spend that money on drain tile at this time.
4 The Commission decided that it was unnecessary to have drain tile.
5 Motion by Vice Chair Koehntop, second by Commissioner Wagner, to keep drain tile excluded from
6 the plans for Silver Point Park.
7 Motion carried unanimously.
s V. IRRIGATION ON THE FOOTBALL AND SOCCER FIELDS
9 Wong reviewed the neW irrigation for the football and soccer fields on the diagram.
10 Chair Jindra asked if there would be regrading on any of the fields. Wong indicated there would be.
11 Chair Andra stated that the new football coach was shocked that the field was going to be improved
• 12 and unusable until the summer of 2003. She asked about a field for the football team to practice on
13 since their other one was taken away. It was determined that they decide that later on.
14 Zurbey indicated he was told that the seed would need to be done in August in order to achieve the
15 best results.
16 Chair Jindra asked why the restrooms were closed during the soccer games on the weekend. Hartman
17 indicated that the coaches have keys to the restrooms, and that it was their responsibility to lock and
18 unlock the restrooms.
19 V. REPORTS.
20 A. Community Services.
21 Diane Skrivseth stated that the ECFE (Early Childhood and Family Education) Council had met
22 and indicated that in the original landscaping plans for the building had large trees to provide
23 shade near the swings and the other recreational area. They wanted to know where those
24 plans have gone.
25 Hartman indicated that they could get them a couple of trees. Skrivseth asked whom she
26 should refer the head of the ECFE Council to speak to. Hartman indicated that they needed to
• 27 go and measure the area to determine what would work in the space.
28 Skrivseth stated that Community Services has received several complaints, especially from
Parks Commission Meeting Minutes
• October 10, 2001
Page 7
1 seniors, about the lack of parking in the.upper parking lot. Hartman indicated that there was .
2 plenty of parking on the upper level.
3 B. School Board.
4 Denise Dunn invited everyone to attend the Candidates Forum where the four candidates for
5 the City Council and the four candidates for the school board would be present. The event will
.6 be held at City Hall on October 14, 2001 at 6:30 p.m.
7 C. Snorts Boosters.
8 George Zurbey indicated that he was concern with the over-usage of the fields in relation to the
9 lighting. He suggested that they add a few lights for football.
10 He indicated that charitable gambling has gone down significantly, and that the Stonehouse
11 could be shut down at any time. He added that, if that happens, fees could increase for
12 athletics.
13 VI. OTHER BUSINESS.
• 14 . None.
15
16 VII. ADJOURNMENT.
17 Motion by Commissioner Ganley, second by Commissioner Hallada, to adjourn the meeting at 8:48
18 p.m.
19 Motion carried unanimously.
20 Respectfully submitted,
21 Courtney Seesz
22 Timesaver Off Site Secretarial, Inc.