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HomeMy WebLinkAboutCC PACKET 08271996 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102226 Box: 22 Folder: CC PACKETS 1994-1998 Document: CC PACKET 08271996 L HRA IMMEDIATELY FOLLOWING -� REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA August 27, 1996 7:00 P.M. Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. , ROLL CALL. III. APPROVAL OF AUGUST 27, 1996 REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF AUGUST 13, 1996 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Insituform Central, Inc. - $24,500.00. B. Midwest Asphalt Corporation - $64,972.90. C. -Rieke Carroll Muller Associates, Inc.: • 1 . $4,000.00. 2. $2,270.39. D. Verified. VII. REPORTS. A. Planning Commission - August 20, 1996. 1 . Arnold Gregory (The Arbors), Old Highway 8; subdivision of property and replatting request (96-12). 2. Bruce Nedegaard, for lot on Fordham Drive; variance request for non-conforming R-1 lot (96-13). 3. William Hedberg, for 2509-30th Avenue NE; variance request for side yard setback (96-11 4. . Michael Miller, for St. Anthony Health Care Center; requests for the following: (96-10) a. conditional use; b. parking setback variance; C. lot coverage variance; d. rear yard setback variance; and e. side yard setback variance. B. City Councilmembers. C. Mayor. • D. City Manager. i VIII. PUBLIC HEARINGS - None. IX. NEW BUSINESS. A. Resolution 96-046, re: Lease for space in new Community Center for Community Services. B. Discussion of Lease between City and Ste. Marie Company; re: SAV II Liquor Store addition to Tires Plus. X. UNFINISHED BUSINESS - None. XI. ADJOURNMENT. VIII. PUBLIC HEARINGS, - None. IX. NEW BUSINESS. O A. Resolution 96-046, re: Lease for space in new Community Center for Community Services.. B. Discussion of Lease between City and Ste. Marie Company; re: SAV il' Liquor Store addition to Tires Plus. X. UNFINISHED BUSINESS = None. XI. ADJOURNMENT. Q i i 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES AUGUST 13 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ' ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner and Faust. 9 Also Present: City Manager Michael Mornson. 10 Councilmembers Absent: None. 11 III. APPROVAL OF AUGUST 13, 1996 COUNCIL AGENDA. 12 Motion by Marks, second by Enrooth to approve the August 13, 1996 Council Agenda with the 13 following change: .14 Under V. License/Permits/Petitions, Garbage Haulers License,Randy's Sanitation: replace 15 "Residential"with"Recycle". 16 17 Motion carried unanimously. 'IV. APPROVAL OF JULY 23 1996 COUNCIL MINUTES. 19 Motion by Marks, second by Wagner to approve the July 23, 1996 Council minutes with the 20 following change: 21 Page 2, Line 29: replace"Howard and Dorene Krueger"with"C. William& Susan Lutterman". 22 Motion carried unanimously. 23 V. LICENSES/PERMITS/PETITIONS. 24 Motion by Wagner, second by Enrooth to approve the following licenses: 25 Heating License: . . 26 Marsh Heating& Air Conditioning, Brooklyn Park, MN/Renewal 27 Blaine Heating&Air Conditioning,Blaine, MN/Renewal 28 Contractors License: 29 DMJ Corporation, Hamel,MN/working at 3404 Silver Lake Road 30 Kleinman Realty Company, Minneapolis, MN/working at Diamond 8 Terrace 31 . Multiple Dwelling License: 32 2600 Kenzie Terrace/Autumnwoods Apartments/Renewal 33. 3713-3721 Foss Road/Caravelle Apartments/Renewal 3817 Macalaster Drive/Apache Manor/Renewal Vending License: 36 SJN Inc., dba: St. Anthony Laundromat/Apache Plaza City Council Regular Meeting Minutes August 13, 1996 . Page 2 - • 1 Garbage Haulers License: 2 Randy's Sanitation Inc., Delano, MN/Commercial & Recycle 3 There was Council consensus to discuss the number of garbage haulers licensed to operate in the 4 City of St. Anthony at the next work session. City Manager Mornson will provide 5 Councilmembers with a list of garbage haulers and a copy of the current City Ordinance. 6 Motion carried unanimously. 7 8 Temporary 3.2 Beer Park Permit: 9 Motion by Enrooth, second by Faust to approve a temporary 3.2 Beer Permit Central Park, 10 September 8, 1996 for the Village Originals. 11 12 Voting on the Motion: 13 Aye: Enrooth, Faust, Wagner, and Ranallo 14 Nay: Marks 15 16 Motion carried. 17 VI. PRESENTATION OF CLAIMS. • 18 Motion by Marks, second by Enrooth to approve the following claims: 19 A. Berkley Risk Services, Inc. in the amount of$1,159.68 for Claim No. 11005118, Patricia 20 McQuarry. 21 B. Dorsey& Whitney in the amount of$1,376.56 for legal services rendered through June 22 30, 1996. 23 C. Foster, Ojile. Wentzell &Brever in the amount of$2,600.00 for professional services 24 rendered for the month of August 1996. 25 D. 4 pages of Verified Claims as presented by the Finance Director. 26 There was Council consensus to discuss the professional services of Foster, Ojile, Wentzell & 27 Brever at the next work session. 28 Motion carried unanimously. 29 VII. REPORTS. 30 A. Councilmembers. 31 Councilmember Wagner reported his attendance at the St. Anthony Merchants 32 Association meeting. Their Crazy Day Sale will begin on Wednesday and will include a 33 free kiddie carnival on Saturday,August 17, 1996. The library will hold a book sale on 34 Saturday in conjunction with this event. 35 Wagner reported the current librarian, Jeff,has been promoted to the Ridgedale Library. . • 36 He will be replaced by Rachel who has formerly worked in the Hennepin County Library City Council Regular Meeting Minutes August 13, 1996 Page.2 . i. 1 Garbage Haulers License: 2 Randy's Sanitation Inc., Delano,MN/Commercial&Recycle 3 There was Council consensus to discuss the number of garbage haulers licensed to operate in the 4 City of St. Anthony at the next work session. City Manager Mornson will provide 5 Councilmembers with a list of garbage haulers and a copy of the current City Ordinance. 6 Motion carried unanimously. 7 8 Tempor= 3.2 Beer Park Permit: 9 Motion by Enrooth, second by Faust to approve a temporary 3.2 Beer Permit Central Park, 10 September 8, 1996 for the Village Originals. 11 12 Voting on the Motion: 13 Aye: Enrooth, Faust, Wagner, and Ranallo 14 Nay: Marks 15 16 Motion carried. 17 VI. PRESENTATION OF CLAIMS. 18 Motion by Marks, second by Enrooth to approve the following claims: 19 A. Berkley-Risk Services.Inc. in the amount of$1,159.68 for Claim No. 11005118,Patricia 20 McQuarry. 21 B. Dorsey&Whitney in the amount of$1,376.56 for legal services rendered through June 22 30, 1996. 23 C. Foster. Ojile. Wentzell&Brever in the amount of$2,600.00 for professional services 24 rendered for the month of August 1996. 25 D. 4 pages of Verified Claims as presented by the Finance Director. 26 There was Council consensus to discuss the professional services of Foster, Ojile,Wentzell & 27 Brever at the next work session. 28 Motion carried unanimously. 29 VII. REPORTS. 30 A. Councilmembers. 31 Councilmember Wagner reported his attendance at the St. Anthony Merchants 32 Association meeting. Their Crazy Day Sale will begin on Wednesday and will include a 33 free kiddie carnival on Saturday, August 17, 1996. The library will hold a book sale on 34 Saturday in conjunction with this event. 35 Wagner reported the current librarian, Jeff, has been promoted to the Ridgedale Library. . 36 He will be replaced by Rachel who has formerly worked in the Hennepin County Library City Council Regular Meeting Minutes August 13, 1996 tPage 3 1 System and whose area of expertise is the children's area. Wagner commended Jeff for 2 his hard work at the library. He noted the library had achieved a record circulation for the 3 . month of July and was currently operating in the black. 4 Wagner also reported his attendance at a meeting of the Steering Committee of the 5 Healthy Youth/Healthy Community. The group is concerned with their rate of progress. 6 Pastor Seefeldt will be asking his council if he can devote more time to the group and 7 provide the leadership that is necessary to move forward. Wagner also reported the 8 Kiwanis and Lion Clubs are looking to set up a joint committee to work with Healthy 9 Youth/Healthy Community. Wagner stated his concern was that due to the lack of an 10 overall plan it may be too soon for other groups to become involved. 11 Councilmember Faust reported his attendance at a meeting of the League of Minnesota 12 Improving Fiscal Futures Policy Committee. Dave Olson gave a presentation of 13 proposed tax reform to the Committee. Councilmember Faust noted the presentation was 14 similar to the presentation of Representative Ress. Faust stated his concern of how 15 property tax reform would affect TIF funding. 16 Councilmember Marks noted the incredible ground breaking ceremony at the CUB Foods site and stated he looked forward to the opening of the CUB Store and also the new City Hall/Community Center. 19 Councilmember Enrooth expressed his appreciation to all who participated in Village 20 Fest. He reported the event went well. One observation was that next year the band 21 should possibly be scheduled from 7:00 P.M. to 11:00 P.M. rather than 8:00 P.M. to 22 12:00 P.M. The wrap up meeting of the Village Fest Committee is scheduled for August 23 19,.1996. 24 Mayor Ranallo noted the most difficult job is setup and take down and commended 25 Steve Bartz for all his efforts in this area. 26 There was Council consensus and direction to staff to prepare a recognition plaque for - 27 Steve and Nancy Bartz and Michael and Michele Jacobs to be presented to them at the 28 Village Fest meeting on August 19, 1996. 29 Enrooth reported the Upper Middle Mississippi Watershed District has submitted a 30 second draft to City Attorney Bill Soth and the attorney in Minneapolis who is 31 coordinating the attorney responses. More information will be available to the Council in 32 September. 33 B. Mayor, 4 Mayor Ranallo commented on the success of Village Fest, CUB Food Stores ground 36 breaking ceremony and the wrap up party for the volunteers of Village Fest. City Council Regular Meeting Minutes August 13, 1996. Page 4 • 1 The Council expressed their appreciation to Mayor Ranallo and his wife,Rita, for their . 2 contribution to the party for the volunteers of Village Fest. 3 4 C. City Manager.- 5 City Manager Mornson reported on the Lease Agreement with Ste. Marie Company for 6 the SAV II Liquor Operation. He noted the 5 major provisions of the lease agreement 7 which are included in the Staff Report. The lease itself is quite detailed and the City 8 Manager, City Attorney and Liquor Operations Manager have studied the agreement and 9 are proposing many changes to the document. Morrison stated he is hopeful to reach an 10 agreement by August 27, 1996 to allow the store to be operational by January 1; 1997. 11 There was Council consensus to continue negotiations and to recommend Mayor and City 12 Manager sign the lease based on a current Staff Report and favorable advice from the 13 City Attorney at the City Council meeting on August 27, 1996. 14 Mornson noted the time of the City Council meeting on September 10, 1996 would have 15 to be changed to 8:00 P.M. due to primary elections. 16 Motion by Marks, second by Enrooth that the St. Anthony Regular City Council meeting 17 of September 10, 1996 begin at 8:00 P.M. rather than 7:00 P.M. due to the primary 18 election. • 19 Motion carried unanimously. 20 Morrison reported bids will be sent out for cleaning responsibilities of the new City 21 Hall/Community Center. 22 Mornson reported the Planning Commission will be conducting four public hearings at 23 their August 20, 1996 meeting. These will include two variance requests,the Arnie 24 Gregory project and the Chandler Place hearing. 25 Morrison noted the Comprehensive Plan Update request deadline was August 1, 1996. 26 The City received four proposals ranging between$30,000.00 to $38,000.00. The City 27 has budgeted $5,000.00 this year and $5,000.00 next year and the remaining funds will be 28 derived from HRA funds. 29 VIII. PUBLIC HEARING -None. 30 IX. NEW BUSINESS -None. 31 32 IX. UNFINISHED BUSINESS -None. • City Council Regular Meeting Minutes August 13, 1996. Page 4 1 The Council expressed their appreciation to Mayor Ranallo and his wife,Rita,for their . 2 contribution to the party for the volunteers of Village Fest. 3 4 C. Ci , Manager. .5 City Manager Mornson reported on the Lease Agreement with Ste. Marie Company for 6 the SAV II Liquor Operation. He noted the 5 major provisions of the lease agreement 7 which are included in the Staff Report. The lease itself is quite detailed and the City 8 Manager,City Attorney and Liquor Operations Manager have studied the agreement and 9 are proposing many changes to the document. Morrison stated he is hopeful to reach an 10 agreement by August 27, 1996 to allow the store to be operational by January 1; 1997. 11 There was Council consensus to continue negotiations and to recommend Mayor and City 12 Manager sign the lease based on a current Staff Report and favorable advice from the 13 City Attorney at the City Council meeting on August 27, 1996. 14 Morrison noted the time of the City Council meeting on September 10, 1996 would have 15 to be changed to 8:00 P.M. due to primary elections. 16 Motion by Marks, second by Enrooth that the St. Anthony Regular City Council meeting 17 of September 10, 1996 begin at 8:00 P.M. rather than 7:00 P.M. due to the primary 18 election. 1.9 Motion carried unanimously. 20 Morrison reported bids will be sent out for cleaning responsibilities of the new City 21 Hall/Community Center. 22 Morrison reported the Planning Commission will be conducting four public hearings at 23 their August 20, 1996 meeting. These will include two variance requests,the Arnie 24 Gregory project and the Chandler Place hearing. 25 Morrison noted the Comprehensive Plan Update request deadline was August 1, 1996. 26 The City received four proposals ranging between$30,000.00 to $38,000.00. The City 27 has budgeted $5,000.00 this year and$5,000.00 next year and the remaining funds will be 28 derived from HRA funds. 29 VIII. PUBLIC HEARING -None. 30 IX. NEW BUSINESS -None. 31 32 IX. UNFINISHED BUSINESS -None. City Council Regular Meeting Minutes August 13,1996 • Page 5 1 XI. ADJOURNMENT. 2 Motion by Marks, second by Enrooth to adjourn the meeting at 7:28 P.M. 3 Motion carried unanimously. 4 Respectfully submitted, 5 Lorri Kopischke 6 TimeSaver Off Site Secretarial 7 8 Mayor 9 ATTEST: City Clerk • • ain 'hon illa e DATE: August 27, 1996 APPROVAL: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Heating Licenses: Riverside Mechanical, Spring Lake Park, MN/renewal P.R.S. Mechanical, Inc., Minneapolis, MN/renewal Green Mechanical, Inc., New. Hope/working at the High School • General Heating & Air Conditioning, Shakopee, MN/working at Arbors Contractors License: J. P. Sheehan Contracting, St. Paul, MN/working at Tires Plus Frey Development, Inc., Minneapolis, MN/working at Unocal Adolfson & Peterson, Inc., St. Louis Park, MN/Cub Foods Floyd E. Anderson Cement Contractor, St. Paul, MN/working at 2836 Roosevelt Street NE - r • 'n tho illa e DATE: August 27, 1996 APPROVAL: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Temporary 3.2 Beer Permit: Central Park/Lucking Family Picnic/September 1, 1996 • Central Park/Douglas Parker, Company Picnic/ September 5, 1996 • am" C / • CITY OF ST ANTHONY DEPARTMENT OF LICENSING Date: zz//"'Ilt The following is an application for use of 3.2 beer in City Parks. � G , FULL NAME OF APPLICANT: (Must work in St. Anthony or live in St. Anthony) ADDRESS: 7 AGE: I certify that I am a resident of St. Anthony or work in the City. I am responsible for conduct of his/her group. • Signature of Applica NAME OF GROUP:L i Al # IN GROUP: LOCATION: DATE: — . — 9 6 HOURS: TELEPHONE#: -7 S $50.00 CLEAN-UP DEPOSIT: (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: RETURNED: INDEPENDENT SCHOOL DISTRICT NO. 282 I Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 • Phone: 781-5021 2 Facilitation Form Permit No.'-�/ V Name !/e u � L5,5,17i;Tme Phone 631- 3Bus. Phone •ly Address 3-ft,/�l w4/-ds Today's Date 7-mod -yG Name of Group or Organization 1441"/AU Intended Use Date(s) wanted - ay(s) Su M T W Th F Sa (circle) Building: / High School Auditorium Community Center Cafeteria Wilshire Park Elem. School Classroom(s) # Other -L..) Gymnasium (If High School, circle one: LARGE SMALL ) Kitchen Other Doors to open am pm Expected attendance: Activity begins am ���pm Admission: Free Charge Activity ends am 1'00pm Will merchandise be sold? Special arrangements needed (chairs, cooks, AV equipment, etc.): • I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School District #282. As a group or organizational agent, I will attend this function,and I will be solely responsible forgiving any and all instructions to the custodians or other support personnel. Presentation of this permit to the custodian on duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility. Rentee waives all rights and claims for potential damages incurred in this rental arrangement. (signature of responsi person) Bill to: (name) (address) ---------------------------------------------FOR O FICE U1SE ONLY------------------------------------------------- Class Ins Approved by �✓ r Date ` Charges: Rental Custodial Cooks Other charges: Note: WHITE—Community Services Office Copy CANARY—Business Office Copy PINK—Custodians Copy GOLD—Applicant's Copy { , • CITY OF ST AUNTHONY DEPARTMENT OF LICENSING Date 9 The following is an application for a of 3.2 beer in C' Parks. FULL NAME OF APPLICANT: (Must work in St. Anthony r live-in St. Anthony) ADDRESSr��O O AGE: _ I certify that I am a resident of St. Anthony or work in the City. 1/4 responsible for c uct of his/her group. Signat a of Applicant NAME OF GROUP: # IN GROUP: LOCATI N: DATE• S. 6 HOURS: 30 '�4t7 TELEPH NE#: $50.00 CLEAN-UP DEPOSIT: (You are responsible for-Park Clean-up, the deposit will be returned after inspection of the Park) :. RECEIVED BY: RETURNED: INDEPENDENT SCHOOL DISTRICT NO. 282 Community Services Department 3301 Silver Lake Rd a St. Anthony, MN 55418 • Phone: 781-5021 J' J tFacilities Reservation Form Permit No. -•�- ` F Name Home Phone Bus. Phon Address' J &e�� ,� Today's Date ry ?�=� - Y6 Name of Group or Organization;- rganization Intended Use; ' ( ) Da (circle) Dates wanted �� ' =� y(s) Su M T W. Th;F Sa L, Building: High School Auditorium Community Center Cafeteria Wilshire Par Elem. Sch Classroom(s) # ��Ovier ' Gymnasium (if High School, circle one: _ LARGE SMALL ) Kitchen Other Doors to open am pm Expected attendance: Activity begins-�am ' pm Admission: Free Charge Activity ends am fpm Will merchandise be sold? Special arrangements needed (chairs, cooks, AV equipment, etc.): • I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School District#282. As a group or organizational agent, I will attend this function,and 1 will be solely responsible for giving any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in usepf-ffie facility. Rentee waives all rights and claims for potential damages incurred in this rental arrangement. XI (signature of responsible person) Bill to: (name) (address) FO DOFF F I C E U S E ONLY ------------------------------------ Class Ins Approved b: =� f'! ! 'r: `-r �/ Date Charges: Rental Custodial Cooks - Other charges: • Note: WHrTE/f—Community Services Office Copy CANARY—Business Office Copy PINK—Custodians Copy GOLD—Applicant's Copy ORIGINAL INSITUFORM CENTRAL, INC. • 17988 EDISON AVENUE CHESTERFIELD,MISSOURI 63005 314-532-6137 TO: City of St Anthony ESTIMATE# 1 &Final 3301 Silver Lake Road INVOICE# 05-417 St Anthony,MN 55418 JOB# 5960002 WORK COMPLETED THRU: 07/16/96 INVOICE DATE: 07/31/96 PROJECT: Purchase Order Number 3966 Manhole 432-431-428 Insitufonm Reconstruction St Anthony,MN ITEM CONTRACT COMPLETED-TO-DATE NO. DESCRIPTION QUANTITY UNIT PRICE QUANTITY % AMOUNT 1 Furnish&Install Approx.521 L.F.of 9" 1 L.S. 24,500.00/L.S. 1 L.S. 100% 24,500.00 diameter insitupipe • TOTAL CONTRACT: $24,500.00 EARNED TO DATE: $24,500.00 Cust#94449 CONTRACT SUMMARY Less: Retainage 0% 0.00 Month Gross 24,500.00 Month Retention 0.00 Month Open 24,500.00 Total Contract Earned 24,500.00 Previous Estimates Less Retainage 0.00 CD/kh Other ---------- Add: cc: B.Ratz Total Deductions from B.Hirtz Less: Earned to Date 0.00 S.Hintz --------- ---------- Brett Affholder Net Amount Due: 24,500.00 AMOUNT DUE Paid to Date: THIS ESTIMATE: $24,500.00 If there are any questions TOTAL DUE: $24,500.00 regarding this invoice,please contact Karla Harkins at the phone number listed above. AMOUNT PAST DUE: 0.00 PLEASE REMIT TO: P.O. BOX 1026 CHESTERFIELD, MO 63006-1026 PAYMENT APPLICATION NO. 5 (FINIAL) CVrCT SUMMARY: 1 - Original contract amount . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 659.709.90 2 - Additions approved to date(Itemize)(Nos. C.O. 1 &2 1 . . . . . . . . . . . . . . . . . . . . . . $ 5.219.77 3 - Deductions approved to date(Itemize) (Nos. none 1 $ 0 4 - Revised contract amount to date . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 664.929.67 STATUS OF ACCOUNT: 5 - Contract amount to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 664.929.67 6 - Value of completed work to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 639.659.17 7 - Material stored on site(Attach Schedule) . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ NA 8 - Less 0 per cent retained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 9 - Total earned less retained amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 639.659.17 10 - Total of estimates previously approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 574.686.27 11 - Amount due this estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 64.972.90 APPROVAL OF FIELD SUPERVISOR CERTIFICATE OF CONTRACTOR: I (We) certify that all work for which this request for payment is made has been completed in full, according to the plans and Date specifications and terms of the contract documents. I (We) also certify that payment has been made for all just claims for labor, material and services in connection with the work APPROVAL OF ENGINEER: performed on all preceding estimates. The work of the project and this estimate have been examined and the amount shown is recommended for MIDWEST ASPHALT CORPORATION payment. Firm Name Signature Signature Date Date • City of St.Anthony Description: Watermaln and Street Improvements- RCM Project No.10278.03 Payment Application No.5(Final) Previous Total Total Bid Bid Bid Quantity Current Quantity Current Cost Item Item Description Unit Quantity Unit Price Amount to Date Quantity_ to Date Amount to Date Bid Bid Bid Quantity Current Quantity Current Cost Item Item Description Unit Quanta Unit Price Amount to Date Quantity to Date Amount to Date 2021.501 Mobilization LS 1 $9,500.00 $9,500.00 1.00 1.00 $0.00 $9.500.00 2104.501 Remove Existing Copper Service LF 1896 $2.65 $5.024.40 1971.501 1971.50 $0.00 $5.224.48 2104.501 Remove Conc.Curb&Gutter LF 8085 $2.00 $18170.00 7990.00 7990.00 $0.00 $15,980-00 2104.501 Remove Existing Storm Sewer Pipe LF 730 $10.10 $7,373.00 657.00 657.00 $0.00 $6,635.70 2104.505 Remove Concrete DW Pavement SY 1250 $3.00 $3.750.00 987.49 987.49 $0.00 $2,962.47 2104.505 Remove Bituminous Pavement Incl.D SY 14315 $0.45 $6,441.75 13115.00 13115.00 $0.00 $5,901.75 2104.509 Remove Existln-q Curb Boxes EA 37 $63.65 $2,355.05 43.00 43.00 $0.00 $2,736.95 2104.509 Remove Existing Hydrant EA 7 $480.00 $3,360.00 7.001 7.00 $0.00 $3,360.00 2104.509 Remove Existing GV and Box EA 3 $480.00 $1,440.00 3.001 3.00 $0.00 $1.440.00 2104.509 Remove Existing GV Box Only EA 7 $130.00 $910.00 6.001 6.00 $0.00 $780.00 2104.509 Remove Existinq Catchbasin EA 10 $320.00 $3.200.00 lo.001 10.00 $0.00 $3,200.00 2104.509 Remove Existing Manhole EA 4 $320.00 $1.280.00 4.001 4.00 $0.00 $1,280.00 2104.509 Remove Catchbasin Casting EA 2 $63.65 $127.30 2.001 2.00 $0.001 $127.30 2104.511 Sawing Bituminous Pavement LF 547 $2.35 $1.285.45 214.401 214.40 $0.00 $503.84 2104.513 Sawing Concrete Pavement LF 1010 $2.85 $2.878.50 1127.00 1127.00 $0.00 $3,211.95 2105.501 Common Excavation P CY 9495 $5.00 $47,475.00 9495.00 9495.00 $0.00 $47 475.00 2105.525 Topsoil Borrow L CY 1200 $9.00 $10,800.00 1232.00 1232.00 $0.00 $11 088.00 2111.501 Test Rollin STA 41.4 $23.50 $972.90 0.00 0.00 $0.00 $0.00 2112.501 Subgrade Pre arailon STA 41.4 $130.00 $5.382.00. 41.40 41.40 $0.00 $5,382.00 2211.501 A re ate Base Class 5 Incl.D TON 14265 $5.95 $84,876.75 12511.52 12511.52 $0.00 $74,443.54 2211.501 Aggregate Base Class 5 100%Crushed Qua Rock TON 5746 $7.15 $41,083.90 5619.35 5619.35 $0.00 $40178.35 2331.508 1 12'T 41A Bituminous Wear TON 1215 $25.00 $30,375.00 0.00 1233.45 1233.45 $30 836.25 $30,836.25 2331.514 2'T 318 Bftuminous Base TON 1619 $21.85 $35.375.15 1564.07 1564.07 $0.00 $34174.93 2357.502 Bftuminous Tack Material GAL 715 $1.60 $-1,144.00 165.001 500 665.00 $800.00 $1,064-00 2502.521 6'PE Corrugated Pipe Drain LF 2200 $7.10 $15,620.00 1878.001 1878.00 $0.00 $13,333.80 2503.541 12'RCP LF 285 $21.50 $6127.50 311.00 311.00 $0.00 $6 686.50 2503.541 15'RCP LF 430 $22.80 $9,804.00 428.00 428.00 $0.00 $9,758.40 2503.541 18'RCP LF 240 $24.70 $5.928.00 237.00 237.00 $0.00 $5853.90 05Q4.602 Conned to Existing Watennain EA 4 $1,700.00 $6,800. 0 4.00 4.00 $0.00 Sr 800.00 0504.602 Hydrant EA 9 .$1,300.00 $11 700.00 7.00 7.00 $0.00 $9100.00 0504.602 Adjust GV Box EA $125.00 $1 375.00 0.00 12 12.00 $1,500.00 $1,500-00 0504.602 Curb Stop,Box and Cap _EA 37 $180.00 $6660.00 43.00 43.00 $0.00 $7,740.00 0504.602 Flared End Cou Iln _ EA 11 $34.00 $374.00 3.00 3.00 $0.00 $102.00 0504.602 Reconnect Existing Service to New Main Include Co oration) EA 76 $175.00 $13.300.001 81.00 81.00 $0.001 $14,175.00 0504.602 C Ex.Pipe to MH _-____ EA 31 $530.00 _ $1.590.001 0.001 3 3.00 $1.590.001 $1 00 • August 6, 1996 Mr. Larry Hamer Public Works Director City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Payment Application No. 5 (Final) 1995 Street and Watermain Improvements St. Anthony;Minnesota RCM Project No. 10278.03 Ic III Dear Mr. Hamer: rieke Enclosed are two (2) copies of Payment Application No. 5 received from Midwest Carroll muller Asphalt Inc. This should be considered as the final payment on this project. We associates,.inc. recommend that the City of St.Anthony make payment in the amount of$64,972.90, a iteeccts as requested. Also included with this estimate are the Contractor's Withholding • land surveyors Affidavits (IC-134) and the Contractor's Affidavit of Release of Liens. Per the equal opportunity contract documents,the Contractor's two(2)year guarantee period shall begin on the employer day the City Council approves final payment. Please review, sign and distribute one copy to Midwest Asphalt, Inc. with their check, if this is acceptable to the City. Please call if you have any questions. Sincerely, Robert L. Moberg,P.E. RIEKE CARROLL MULLER ASSOCIATES,INC. RLM/bam Enclosures 10901 red circle drive • box 130 minnetonka, minnesota 55343-0130 (612) 935-6901 fax (612) 935-8814 City of St.Anthf • • Description: Watermain and Street Improvements RCM Project No.10278.03 Payment Application No.5(Final) Previous Total Total Bid Bid Bid Quantity Current Quantity Current Cost Item Item Description Unit Quantity Unit Price Amount to Date Quantity to Date Amount to Date 0504.603 IRemove&Reinstall Sprinkler System LF 80 $16.00 $1.280.00 88.00 88.00 $0.00 $1,408.00 0504.603 11'Copper Servioe Pipe LF 1865 1 $7.95 $14.826.75 2067.00 2067.00 $0.00 $16,432.65 0504.603 6'DIP Watermaln-CL.52 LF 42001 $16.00 $67,200.00 4200.00 4200.001 $0.00 $67.200.00 0504.607 6'GV and Box EA 11 $456.00 $5,016.00 12.00 12.001 $0.00 $5,472.00 0504.620 Ductile Iron Flttin s LB 950 $2.75 $2.612.50 2230.00 2230.00 $0.00 $8132.50 2506.509 Catchbasins 4'Diameter EA 10 $1.130.00 $11,300.00 10.001 10.00 $0.00 .$11,300.00 2506.509 Catchbasins 2'x Y Box EA 5 $930.00 $4,650.00 5.001 5.00 $0.001 $4,650.00 2506.509 Manholes 4'Diameter EA 3 $1.125.00 $3,375.00 3.001 3.00 $0.00 .$3,375.00 2506.521 Fumish and Install Manhole Casting EA 29 $316.00 $9164.00 31.001 31.00 $0.001 $9,796.00 2506.521 Fumish and Install Catchbasin Casting EA 2 $345.00 $690.00 2.00 2.00 so.00l $690.00 2521.501 V Thick Concrete Sidewalk SF 720 $2.30 $1.656.00 452.00 452.00 $0.001 $1.039.60 2521.501 Concrete Steps SF 100 $15.90 $1,590.0 116.18 116.18 $0.001 $1,847.26 2531.501 8618 Concrete Curb and Gutter LF 8070 $5.55 $44,788.50 7990.00 7990.00 $0.00 $44,344.50 2531.507 6'Thick Conc.DW Pavement 8 Aprons SY 830 $25.00 $20.750.00. 1135.34 1135.34 $0.00 $28,383.50 0563.601 Traffic Control LS 1 $5,000.00 $5,000.00 1.00 1.00 $0.00 $5000.00 2573.501 Bale Check EA 200 $2.50 $500.00 26.00 26.00 $0.00 $65.00 2575.505 Sod T -Lawn SY 10525 $1.40 $14.735.00 8680.00 8680.00 $0.001 $12152.00 Spec 1 Bituminous Pedestrian Ramp EA 2 $175.00 $350.00 2.00 2.00 $0.001 $350.00 Spec 2 3'Bituminous Driveway Pavement SY 264 $12.50 $3,30-0-0-0- 157.30 157.30 $0.001 $1,966.25 Spec 3 Sewer Service Repair EA 10 $690.00 $6 900.00 3.00 3.00 $0.001 $2.070.00 Spec 4 Pipe Foundation Material TON 650 $7.75 $5,037.5 523.41 523.41 $0.00 $4,056.43 SDec 5 Geotextlle Fabric SY 17750 $0.84 $14.910.00 17750.00 17750.00 $0.00 $14,910.00 Spec 6 Sewer Main Repair 8'-12'Dee EA 5 $1,800.00 $9,000.00 5.00 5.00 $0.00 $9.000-00 Spec 7 Maintain Driveway Access LS 1 $2,500.00 $2,500.00 1.00 1.00 $0.00 $2,500.00 Spec 8 Bituminous Casting Rams EA 32 $210.00 $6.720.00 0.00 0.00 $0.001 $0.00 C.O.#1 Change Order No.1 Approved 6/13/95 LS 1 $3,827.40. $3,827.40 0.00 0.00 $0.001 $0.00 C.O.#2 Change Order No..2 Approved 7/11/95 LS 1 $1,392.37 $1.392.37 1.00 1.00 $0.001 $1,392.37 Total Contrail $664.929.67 Total Completed and Stored $639,659.17 Amount Retained 0% $0.00 Previous Payments Payment No. 1 $66.918.10 Payment No.2 $235.990.93 Payment No.3 $205,813.85 Payment No.4 $65,963.39 $574 686.27 Amount Due This Request $64,972.90 Percent Completed to Date 96.2% 'Note: Work Included In Change Order No.1 Is paid for under the appropriate bid Items. Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT M NNETONKA, MN 55343 GAYLORD,MN 55334 ST..CLOUD,MN 56301 GRAND RAPIDS, MN•55744 FARIBAULT, MN 55021 TE 1 AUGUST 5, 1996 INVOICE NO. 13695 PROJECT NO. 10366 . 01 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: LARRY HAMER FOR: 1997 STREET/WATERMAIN IMPROVEMENTS FEASIBILITY REPORT PROFESSIONAL SERVICES FROM JULY 1 , 1996 TO JULY 31 , 1996 -------------------------------------------------------- FEE TOTAL FEE 4 ,000. 00 PERCENT COMPLETE 100. 00 FEE EARNED 4,000. 00 • F'��O' "EA ­NWD 4, 000. 00 s PRE -IQ E BILLING °CURRENT FEE°;BILLING 4 000. 00 r• 12 - ----------- TOTAL THIS INVOICE $ 41000. 00 • 7&4 you / I.declare undVr}.the penalties of,:law thaf.thls account claim or,demand ; is just and cgrr ct antl no°part of,.it s 664:­1 'SIGNATU • August 6, 1996 Mr.Larry Hamer Public Works Director City of St.Anthony 3301 Silver Lake Road; St: Anthony,MN 55418 RE: Invoice for Engineering Services June 30, 1996 to July 31, 1996 1997 Street Reconstruction Ic III St.Anthony,Minnesota RCM No. 10366.01 rieke carroll Dear Larry: muller associates, inc. engineers Please find enclosed Invoice No. 13695 for professional services performed in preparing a architects feasibility report for the subject project. Services included report preparation',estimation of land surveyors �' p � p 1 p p p preliminary costs and assessments,and presentation at a City Council meeting.As you equal opportunity know,the Council approved the feasibility report at its regular meeting on July 9, 1996. employer If you have any questions,please call me. Sincerely, RIEKE CARROLL MULLER ASSOCIATES,INC. Robert L. Moberg,P.E. Project Manager RLM/ka 3 Enclosure 10901 red circle drive • box 130 minnetonka, minnesota 55343-0130 612) 935-6901 ax (612) 935-8814 - August 14, 1996 • Mr.Larry Hamer Public Works Director City of St.Anthony 3301 Silver Lake Road St.Anthony,MN 55418 RE: Invoice for Professional Services June 30, 1996,to.July 27, 1996 1997 Street and.Watermain Improvements St. Anthony,Minnesota RCM No. 10366.02 Dear Larry: The following is a list of personnel and tasks performed for the 1997 Street and Watermain. Ic III Improvements project during the month of July: rieke Senior Civil Engineer carroll Robert Moberg 4.0 hours Plan preparation and project coordination muller associates, inc. engineers Senior Civil Technician architects Charlie Wallin 4.0 hours Design calculations,record research land surveyors equal opportunity Civil Technician employer Jim Rassett 4.0 hours Plan preparation,record research 2-Man Survey Crew Yh<Y-ti°•, = ;:>�, ,;.: Charlie Wallin 17.0 hours Topographic survey Jim Rassett Secretary Karen Anderson 0.8 hours Prepare assessment roll Please call me if you have any questions. . Sincerely, RIEKE CARROLL MULLER ASSOCIATES,INC. Robert L. Moberg,P.E. Project Manager 10901 red circle drive R'I�Qka box 130 minnetonka, minnesota 55343-0130 612) 935-6901 ax (612) 935-8814 - Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT + M NNETONKA.MN 55343 GAYLORD,MN 55334 ST..CLOUD,MN 56301 GRAND RAPIDS, MN­55744 FARIB ULT, MN 55021 TE 1 AUGUST 13, 1996 INVOICE .NO. 13696 _ PROJECT NO. 10366. 02 CITY OF ST. ANTHONY 3301 SILVER LAKE..,-'ROAD ST. -,ANTHONY, MN.1_ 55418 ATTN: . LARRY HAMER FOR:- 1997 STREET/WATERMAIN IMPROVEMENTS FINALi' DESIGN/BIDDING PROFESSIONAL SERVICES FROM JUNE 30, 1996- TO JULY 27, 1996 ---------------=------------------------------------------ PROFESSIONAL PERSONNEL HOURS RATE AMOUNT SR CIVIL ENGR 4. 0 80. 00 320. 00 SR CIVIL TECH 4. 0 60. 00 240. 00 • CIVIL TECHNICIAN }�; ;' ►�""�'O � r 50. 00 200. 00 2-MAN SURV -CREW 170• �'� :' a 80. 00 1 ,360. 00 SECRETARY/REPRO �� '# 4 0 8 .. 40. 00 32 . 00 TOTALS 29. 8 2, 1,52. 00 TOTAL LABOR 2, 152 . 00 REIMBURSABLE EXPENSES HIRED TRAVEL 56. 39 MISC. REIMBURSABLE EXP. 62. 00 TOTAL .REIMBURSABLES 118. 39 118. 39 TOTAL THIS INVOICE S 2, 270. 39 declare u66(..the penalties1of laW'that this;account, claim or demand lust and cor ct and no,pa t of it ha been paid i�. r M, + • ' SIGNA UR F CLAIMA �.t; 15/96 08:42 Check Register . GL540R-VO4.30 PAGE 1 LIAR LIQUOR CHECKING ACCOUNT 004015. AMERICAN LINEN .'SUPPLY CO 10048 .08/14/96 926.69 004293 BELLBOY CORP. 10049 08/14/96 = 161 .74 004016 RFRKI FY RTSK SFQVTrFS 1000; OR/14/<2 27., on 004094 COAST TO COAST #997 10051 08/14/96 62.62 004096 COMER/MICHAEL 10052 08/14/96 100. 00 7if RRIJf F 1 QQS� OR/14196 4R 00 004120 EAGLE WINE CO 10054 .08/14/96 ,. 114..66 004125 EAST ;SIDE BEVERAGE CO 10055 08/14/96 25,886.75 0041 Ass FI FC:TR0 WATCHMAN INC I ool;r, og 14/!RF, 23SL 04 004411 FIRSTAR ST ANTHONY BANK 10057 08/14/96 15,000.00 004141 FRITZ COMPANY, INC. 10058 08/14/96 2, 160.57 004145 GAN7F2 DISTRIBUTORS INC 10059 08./1x196 12,772 915.- 004175 GRLGGS COOPER & CO INC 10060 :08/14/96: ; 5,253.96 004202 .`.' . HENN CTY' SUPPORT .& COLL` 10061 08/14/96 103:85 004 205 HnmF .Tl1TrF C'C1 1 nOee,7 OA/1 AzQti 175 50 004208 I C M A RETIREMENT TRUS 10063 08/14/96 20.00 004220 JOHNSON BROS. LIQ. 10064 08/14/96 1 ,332.35 004718 fnHNgnN PAPFR & SlJPPI Y r 10065 OR/14/96 748 50 004230 KUETHER DISTRIBUTING CO " . 10066 08/14/96 36,794.38 -004241 . . . LILLIE SUBURBAN NEWSPAPE 10067 08/14/96 365.00 0047'�A 1 MUTT � . RFRK1 FY RTRK RF 10068 0€3114196 i , jSQ AR 004250 LUNDGREN/MATTHEW H . 10069 08/14/96 48.00 004265 MARK VII SALES INC 10070 08/14/96 16,488. 18 004275 M70KIFF/1ERRI 1A0.7l 08.41446 154 0� .00001 MINN .' HOSPITALITY `INS. 1007.2' 08/14/96 265:77 004312 MINNCOMM 10073 08/14/96 73.48 004290 MTNNFr.ASt'0 100:74 OR/14fQb 144- 06' .. .00002 MPLS. OXYGEN CO. 10075 08/14/96 9.90 004338 NORTH STAR ICE 10076 08/14/96 1 ,382.76 004334 NORTHEASTER 10077 OR/14./96 320 00 004335 , NORTHERN STATES POWER ` 10078 08/14/96 : 1 ,065.01 004339 ;NTN COMMUNICATIONS ' 10079, 08/14/96 601 _50 004 57 :PAO[IFTTF MATNTFNANCF, TN 100f�C} 08j14/QF, 1 'C1 , 4.A 004354 PAUSTIS & SONS 10081 08/14/96 368.00 004355 PEPSI COLA COMPANY 10082 08/14/96 819.60 0043/,0 PHTI I TPS WTNF R SPTRTTS 100RA OR/ 14.19 F, 004361 PINNACLE DISTt `10084. 08/14/96 365:05 004376 PRIOR WINE: CO 10085„ 08/14/96 86I` 89 004.3R0 " ' PURI TC' FMPf nYFF RFTTRFMF 1008/, 0Rf 14/9jr, 48.00 004385 QUALITY WINE CO 10087 08/14/96 199.64 004390 REX DISTRIBUTING CO 10088 08/14/96 15, 161 .30 004785 STAR TRTR1NF 10089 08.114.196 37_9E; 004450 STUART DISTRIBUTING CO : 10090 ,08/14/96 . 16,.50 " 004463 SUPERIOR PRODUCTS MFG CO 10091: '08/14/96 60.28 004465 suRr.F wATFR rnNDTTTnNTNr. 10092 OR/14.196 45-60 004473 TRACY PRINTING 10093 08/14/96 65. 50 004475 TRI TECH DISPENSING 10094 08/14/96 135.77 0044RO TWTN CITY FTITFR SFRVTCF 10095 08/14/96 104.00 RRr--rsN,GIAl ST . ANTHONY VILLAGE 5/96 08:42 Check Register GL540R-VO4.30 PAGE 2 LIOR LIQUOR CHECKING ACCOUNT 004491 UNITED WAY 10096 08/14/96 12.00 .00003 WAJDA/ANDREW 10097 08/14/96 230.00 0444-94 WASTE M(1W(1G€M€NT R--- ---- 196�4� 8Q,4111-,�06 LIQUOR CHECKING ACCOUNT 145,796. 13 *** • pp BRC FINANCIAL SYSTEM __ST. ANTHONY VILLAGE 08/21/96 14:00 Check Register GL540R-VO4.30 PAGE BANK VENDOR CHECK# FIRS FIRSTAR .ST. ANTHONY CHECKING 007338 AMERICAN EXPRESS 2738 08/28/96 109.21 000120 AMERICAN LINEN 2739. 08/28/96 14.00 000125 AMERIDATA 2740 08/28/96 158. 58 000115 AMES PHOTO FINISH. 2741 08/28/96 10.60 000010 AT & T CONS PROD DIV 2742 08/28/96 48.95 007322 BERGER TRANSFER & STORAG 2743 08/28/96 146.23 .00001 BOLDT/GORDON 2744 08/28/96 50.00 007253 BRAKE & EQUIPMENT WAREHO 2745 08/28/96 27 .84 008184 CITY OF BLOOMINGTON 2746 08/28/96 135.00 000815 COTRONEO/DOMINIC .2747 08/28/96 . 106.00 007178 D-ROCK CENTER & :SMALL EN 2748 08/28/9.6 1 05 000810 DICKSON ELECTRIC 2749 08128/96 653 00 .00002 FIRE ENGINEERING 2750 08/28/96 19.95 001030 G & K SERVICES 2751 08/28/96 175.23 007057 GENEX 2752 08/28/96 61 .90 001180. GOODIN COMPANY 2753 08/28/96 103.61 :.00003 GOODRICH/JENNIFER 2754 08/28/96 50.00. 001230 GOPHER STATE ONE CALL 2755 08/28/96 61 .25 001241 GRACE/DUANE 2756 08/28/96 399.60 001300 HACH COMPANY 2757 08/28/96 17.02 _ .00004 HANSON/JEROME 2758 08/28/96 15.00 008088 HAWK ENTERPRISES INC 2759 08/28/96 203;25 007307 INTERSTATE 2760 08/28/96 15..16 , 001680 J C AUTO SUPPLY 2761 08/28/96 14.67 000715 LEEF BROS 2762 08/28/96 3.54 002040 LILLIE SUBURBAN NEWSPAPE 2763 08/28/96 503. 89 _ 001981 LMCIT 2764 08/28/96 15,473.50 :008229 LOFFLER BUSINESS SYSTEMS 2765 08/28/96 224.66 :00005 MALLIN%JOHN 2766 08/28/96 50.00 008197 MCI TELECOMMUNICATIONS 2767 08/28/96 22.06 008162 MEREDITH CABLE 2768 08/28/96 2.66 002240 METRO COUNCIL ENVIRONMEN 2769 08/28/96 33,409.00 002280 MIDWEST ASPHALT CORP 2770 08/28/96 67. 16 007359 , _ :MIDWEST.:COCA-COLA ' BOTTLI 2771 08/28/96 271..00 008249; ':MINNESOTA COUNTIES INS..; 2772 08/28/96 92:00 008074 MN POLLUTION CONTROL AGE 2773 08/28/96 85:00 007144 MYERS/WILLIAM 2774 08/28/96 125.00 007159 NAPA AUTO PARTS 2775 08/28/96 3.74 002680 NORTHERN STATES POWER 2776 08/28/96 4,587 .05 000.045 OFFICE %DEPOT 2777 08/28/96 91 .55 008086 OFFICEMAX ROSEVILLE S 2778 08/28/96 42.59 007331 PAQUETTE MAINTENANCE, IN 2779 08/28/96 39.78 • 007217 PARTS PLUS 2780 08/28/96 15. 45 .00007 RABEHL/LEE 2781 08/28/96 54.87 .00008 S A TRENDITIONS 2782 08/28/96 50.00 003315 SERCO .LABORATORIES 2783 08/28/96 42.00 :00006 ST. CLOUD FIRE DEPT. 2784 08/28/96 115.00 005191 STEWARTS BLDG MART 2785 08/28/96 14.38 pp • BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 08/21/96 14:00 Check Register GL540R-VO4.30 PAGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 003490 STREICHER'S 2786 08/28/96 529.99 .00002 TERRY GOAR 2787 08/28/96 175.00 008202 TIMESAVER OFF SITE SECRE 2788 08/28/96 141 .00 003560 TRACY PRINTING 2789 08/28/96 214.70 007044 TWIN CITY JANITOR SUPPLY 2790 08/28/96 218.53 007341 U:S. TIRE & EXHAUST 2791 08/28/96 99:49 002700 US WEST COMMUNICATIONS 2792 08/28/96 1 ,043. 15 003710 VAN 0 LITE INC 2793 08/28/96 8.66 .00003 W. D. CARPENTER 2794 08/28/96 25.00 003722 `WALDOR ,PUMP. "& EQUIPMENT 2795 08/28/96 24.5.68 FIRSTAR ST ANTHONY "CHECKIN.G 60 684. 18 - ** • 0/22/96 THU 09:00 FAX ST ANTHONY Ca 001 CITY OF ST. ANTHONY DRAFT PLANNING COMMIS SION MEETING MINUTES 3 AUGUST 20, 1996 4 L CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the PIedge of Allegiance was led by Chair Bergstrom at 7:00 6 P.M. 7 IL ROLL CALL. S Commissioners present: Chair Bergstrom; Commissioners Delmonico (arrived at 7:03 9 P.M.),Franzese, Gondorchin,Horst, Makowske, and Thompson. 10 Commissioners absent: None. 11 Also present: Kim Moore-Sykes,Management Assistant. 12 III. APPROVAL OF AUGUST 209 1996 PLANNING COMMISSION AGENDA. 13 Motion by Thompson, seconded by Makowske,to approve the Planning Commission Agenda for 14 August 20, 1996 as presented. 15 Motion carried unanimously. r'V. APPROVAL OF THE JULY 16, 1996 PLANNING COMMISSION MEETING 46 MIlVTJ'I'ES. is Motion by Franzese, seconded by Bergstrom, to approve the July 16, 1996 Planning Commission 19 Meeting minutes with the following changes: 20 Page 5, Line 2: delete: "based on the exemption of spot zoning and setting a precedent" Z1 and replace with"because it is representative of spot zoning which is 22 detrimental to the character of the immediate vicinity and St. Anthony 23 Village in general, would set precedent potentially to lead to the 24 destabilization and devalidation of the Comprehensive Plan objectives and 25 the City's Zoning Ordinances, and unwillingness of the applicant to 26 physically modify the home to the recommendations of Staff'. 27 page 9,Line 12: delete"and County Road D". 28 Page 9,Line 3: before"this" insert"the timing of and after"because of insert"increased 29 traffic due to CUB". 30 Commissioner Delmonico arrived at 7:03 P.M. 31 Motion carried unanimously. 32 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO AUGUST 27, 1996 33 COUNCIL MEETING. Commissioner Franzese was appointed as the Planning Commission representative for the Tuesday, August 27, 1996, City Council meeting. 08/22/98 THU 09:00 FAX -►-+-► ST ANTHONY Q002 Planning Commission Regular Meeting Minutes August 20, 1996 • Page 2 1 VI. PUBTAC HEARINGS. 2 A_ Subdivision of Property and Replatting Request- Arnie Gregory, The Arbors, Old 3 Highway 8 (96-12). 4 Chair Bergstrom opened the public hearing at 7:05 p.m. 5 It was noted that Commissioner Makowske would not participate in discussion or voting on this 6 item due to a conflict of interest. 7 Ms. Kim Moore-Sykes, Management Assistant reported Arnie Gregory, developer for the Arbors 8 Townhomes, has requested that Block 2 and 4 of Auditor's Subdivision 377 be subdivided in 9 order to replat. The replatting would accommodate revised construction plans to build six 10 townhomes with master bedrooms on the main floor. In order to accomplish this,the revised 11 master bedroom plans require additional floor area on the lower level that by eliminating one unit 12 in each of the two buildings would provide. 13 if his request to replat the property is approved,it would lessen the density of the project which 14 would reduce traffic and noise in the development. Mr. Gregory felt this reduction in the density 15 would be a benefit to neighboring properties as well. 16 Staff is recommending that this request for subdivision of property be approved. The proposed • 17 subdivision and replatting will not affect any setback variances already approved nor will he need 18 to request additional variances to construct the larger townhomes_ Staff has not received any 19 responses from the neighbors to Ivir. Gregory's request to subdivide his property. 20 Chair Bergstrom requested clarification of the units on the two maps presented in the 21 Commissioner's packet. 22 Mr. Jack Bucksell,representing Arnie Gregory, explained the terms"Block" and"Building" are 23 used interchangeably. He then illustrated the layout of the buildings on the final plat and diagram. 24 He explained this request was to change Building 2 from four units to three units,Building 4 from 25 four units to three units and Building 3 to remain a three unit but to enlarge the footprint of the -26 building slightly. This will result in a reduced unit count from 18 to 16 but the footprint of the 27 subdivision will be slightly larger. 28 Mr.Bucksell explained the previous plat included 36 parking spaces in front of garages of IS 29 homes and 7 guest parking spaces_ The replatting will include 31 parking spaces in front of 16 30 homes and 9 guest parking spaces. One garage will have only one parking space. The 31 architecture of the buildings will remain the same. 32 Commissioner Franzese asked if this was the same plat which was approved last year and if the 33 zoning had changed. • 34 Ms.Manager Moore-Sykes explained the developer had originally applied for R-4 zoning but it 35 had been reduced to R-3. 08/22/96 THU 09:01 FAX ST ANTHONY 0003 • Planning Commission Regular Meeting Minutes August 20, 1996 Page 3 1 Mr.Bucksell'confinned this was the same plat that was approved last year. 2 Chair Bergstrom noted the plat may have changed between the time of Planning Commission 3 recommendation and City Council approval. 4 Commissioner Franzese asked if the height of the buildings had changed. 5 Mr, Bucksell stated there was not an increase in height of any of the units. 6 Chair Bergstrom closed the public hearing at 7:20 P.M. 7 Motion by Bergstrom, seconded by Horst, to recommend City Council approval of the request for 8 subdivision of property for Arnold Gregory, Arnold Development, Auditors Subdivision 377, 9 Blocks 2 and 4, Old Highway 8, changing the configuration of Building 2 and Building 4 from 10 four units to three units and the footprint of Building 3 and reconfiguration of parking- 11 Vote on the motion: Bergstrom,Delmonico,Franzese, Gondorchin,Horst,-and Thompson voted 12 aye. Commissioner Makowske abstained. Motion earried. 14 Chair Bergstrom noted this issue will be considered at the August 27, 1996 City Council meeting. 15 B. Variance Request for Non-Conforming,R r_LLoj B r.=Nedegaar Fordham Drive f,96- 16 13�, 17 Chair Bergstrom opened the public hearing at 7:23 P.M. is Ms. Moore-Sykes reported Bruce Nedegaard, owner of Nedegaard Construction is requesting a 19 variance for lot area and size for his property located at'Outlot C,Fordham Drive. Originally,this 20 property was to be replatted along with the property at 3929 Fordham Drive owned by Tom and 21 Diane Schroeder in order to make both properties conforming residential lots. Asa result of the 22 City amending its lot coverage ordinance,Mr. and Mrs. Schroeder later decided to remodel their 23 current residence,leaving Mr.Nedegaard with a residential lot that is not buildable because it 24 does not meet the City's ordinance regarding lot size and area 25 Currently,the lot is 67.51 feet in width and 8,766.3 square feet. The City's ordinance requires 26 that a buildable residential interior lot be 75 feet wide and 9,000 square feet. Outlot.C requires a 27 variance of 7.49 feet in width and 223.7 square feet. Staff is recommending that this request for a lot area and size variance be approved. It is the 29 Sta$'s opinion but for the untimely amendment to the lot coverage ordinance,W.Nedegaard 30 would have had a conforming residential lot. The amending of this ordinance caused Mr. 31 Nedegaard an unforeseen hardship by limiting his ability to develop this lot. 08/22/98 THU 09:01 FAX ST ANTHONY. la 004 Planning Commission Regular Meeting Minutes August 20, 1996 • Page 4 I The City received one telephone call in favor of Mr.Nedegaard's development plans for the lot 2 and*one in opposition_ The City has received no other opinions via telephone or mail. Moore- 3 Sykes explained the call in opposition was received from the son of a property owner who had 4 requested a lot split but was denied because it would have created an unbuiildable lot. 5 Bruce Nedegaard,Nedegaard Construction explained that originally Mr. Schroeder and his wife 6 were going to take their house down and both lots were in conformance. Since-that time, the 7 Schroeders did not remove their house and the ordinance changed. This left a non-conforming lot 8 67 feet in width. Mr.Nedegaard noted the lot was short in width but did not require a side, back, 9 or front yard variance. 10 Commissioner Horst stated.he had visited the Schroeder home and Mrs. Schroeder stated there 11 had not been an agreement between the Schroeders and Nedegaard construction. 12 W.Nedegaard noted the purchase agreement had been signed by Mr. Schroeder and the City of 13 St. Anthony did have a copy. Moore-Sykes confirmed this was true. 14 Commissioner Horst asked if Outlot D was being sold to the Schroeders and if Mrs. Schroeder 15 was aware of this. • 16 11rir:Nedegaard stated Outlot D was sold to the Schroeders on a contract for deed basis. Mrs. 17 Schroeder did sign the purchase agreement for the outlot. 18 Commissioner Horst asked if there are other lots of this size in St. Anthony. 19 Mss. Moore-Sykes stated there'are several non-conforming lots in the City of St. Anthony that 20 have existing homes. 21 Chair Bergstrom closed the public hearing at 7:29 P.M. 22 Commissioner Horst stated he had visited the Schroeder property to determine if there was any 23 objection to the variance. Mrs. Schroeder seemed to have no objection.and wanted the property 24 to be developed. Commissioner Horst stated he felt the variance should be granted as there 25 seemed to be no objection from the neighbors. I 26 Chair Bergstrom applauded Mr.Nedegaard for taking a non-conforming lot and building a house 27 without setback variances. This is keeping the intention of the Comprehensive Plan and the City's 28 goals. 29 Motion by Delmonico, seconded by Horst,to recommend approval of a lot area and size variance 30 of 7.49 feet in width and 223.7 square feet for Bruce Nedegaard,Nedegaard Construction, Outlot • 31 C,Fordham Drive. 08/22/98 THU '09:02 FAX ST ANTHONY Q005 • Planning Commission Regular Meeting Minutes August 20, 1996 Page 5 1 Commissioner Makowske suggested the motion be amended to include, "Strict enforcement 2 would cause undue hardship not created by the landowner due to the lot size and the City's 3 change in Code contributed to the cause of not being able to build using a conforming lot." 4 Commissioners Delmonico and Horst accepted the amendment to the motion. 5 Motion carried unanimously. 6 Chair Bergstrom noted this issue will be addressed at the August 27, 1996 City Council meeting. 7 C. Sideyard Setback Variance Request for Attached 2-Car Garage-William Hedberfi 2509- 8 30th Avenue N.E. (96-11). 9 Chair Bergstrom opened the public hearing at 7;32 P.M. 10 Ms.Moore-Sykes reported that William and Evelyn Hedberg, 2509 -30th Avenue N.E., have 11 submitted an application for a side yard setback variance of 5 feet in order to construct a 20 foot 12 by 24 foot 2-car garage that will be attached to the east side of their home. Currently,the owners have a single car garage that sets back from the house and five feet from the property line. The proposed attached 2-car garage would sit-in front of the existing single ear 15 garage. The variance is needed because the west side of the house sits five feet from the property 16 line as well. The combined side yard setbacks for this property is 10 feet;the City Ordinance 17 requires a combined total of 15 feet for side yard setbacks. 18 When Staff asked about adding to the existing garage structure, the owners indicated that they 19 had a need for the additional garage space and that attaching it to their home would provide 20 security to them both from the weather and possible criminal activity that might be directed at 21 them because of their age. Their proposed attached double car garage would have two doors, 22 one in the front and the other in the back so that they can have access to the existing garage that 23 will sit behind the proposed garage. The existing garage will be used to store equipment. 24 The owners were advised by Staff to apply for a variance rather than obtaining a garage setback 25 permit because the double car garage addition is being attached to the house, thereby making it a 26 part of the principal structure of the property. When an accessory budding(including garages)is 27 attached to the principal structure of the property,then the setback requirements of the principal 28 structure apply(Section 1650.02, Subd. 3). The City Attorney was contacted and concurred with 29 Staffs interpretation of the City Ordinance. A copy of a letter received from City Attorney is 30 included in the Commissioner's packet. 1 Staff has also received several telephone calls and a signed petition from neighbors in opposition to the proposed construction of the attached double car garage. A letter from the owners' 3 immediate neighbor to the east was also received stating they are concerned with the potential 34 loss of visibility as the result of this project. Many were also concerned about what it would look 08/22/98 THU 09:02 FAX ST ANTHONY Q006 Planning Commission Regular Meeting Minutes August 20, 1996 • Page 6 1 life with two garages on the same property. They felt something could be constructed that would 2 meet the owners' needs and be.acceptable to the neighbors. 3 Staff Is recommending the request for a five foot variance to the side yard setback be denied based 4 on the amount of neighbor opposition presented. 5 Commissioner Franzese noted the letter from City Attorney dated August 19, 1996 in regard to 6 this issue contained inaccurate information as it did not address the current issue. There was 7 Commission consensus that this issue did however,require a variance request. 8 Mr. Bob Schmidt, representing William and Evelyn Hedberg, distd'buted photographs of the 9 Hedberg residence and other properties in the area Mr. Schmidt stated the Hedbergs only other 10 options would be to add a single car garage, 11 to 12 feet wide,within the existing buildable area 11 or add to the existing garage which would result in a loss of access. The Hedbergs feel they have 12 a hardship due to their age and a safety issue. They need space to store a utility trailer and also to 13 store their granddaughters car. Mr. Schmidt suggested other lots in the neighborhood are closer 14 than allowed to the property line. 15 Commissioner Gondorchin asked if the Hedbergs had considered widening the existing garage and 16 attaching it to the house by way of a breezeway. • 17 Mr: Schmidt stated this was not possible due to a three season porch that would have to be 18 removed, the large amount of lot coverage that would result and a 75 foot mature tree that would 19 have to be removed. 20 Commissioner Makowske questioned the width of the new garage and stated upon inspection of 21 the lot, he had found nothing unusual about the size, shape or topographics. 22 Mr. Schmidt stated the proposed garage would be 16 feet wide. 23 Mrs. Grewe, 2513 - 30th Avenue N.E., stated she lived next door to the Hedbergs. The proposed 24 garage would completely block her view of the street. She felt there was plenty of room on the 25 lot to consider other options. She felt the single car garage could be enlarged and brought up to 26 attach to the house without blocking her view. Mrs. Grewe stated she would also like a two car 27 garage but was in the same situation as the Hedbergs. 28 Commissioner Thompson asked if it would be possible to widen the single car garage and pull it 29 forward on the lot. 30 Mr. Schmidt stated this was not usually successful with a stucco building. 31 Mrs. Grewe stated there was blacktop behind the garage and suggested the garage could be • 32 moved back and the new garage could be built in front of it. 08/22/98 THU 09:02 FAX ST ANTHONY Q007 Planning Commission Regular Meeting N mutes August 20, 1996 Page 7 1 Mrs. Helen Rasall, 2920 Roosevelt, stated she did not agree with the safety concerns. She felt 2 this was the safest area to live in and noted everyone in the neighborhood looked out for each 3 other. 4 Mr.Walter Fio, stated he lived on the west side of the Hedbergs. He suggested the garage be 5 moved four or five feet over and a new garage constructed. He noted fences were restricted to 6 six feet in height and the garage would be much higher than that. 7 Mrs. Carrie Fritzie, 2508 -30th Avenue, stated she did not agree with the safety concern. She 8 stated she had constructed a fence on her property which required a variance but she had received 9 permission from her neighbors. She would also like to construct a double garage on her lot but 10 there is not room. She felt the proposed garage would increase the chance of intruders on the 11 Hedberg's property. 12 Commissioner Franzese noted this was a difficult situation and encouraged the neighbors to 13 continue working together. 14 Chair Bergstrom closed the public hearing at 7:55 P.M. Chair Bergstrom stated the City Codes prescribe what a property owner can do on his property 16 up to a certain limit. There is room on the lot to build some type of structure. He acknowledged 17 the non-conforming structures in the neighborhood but stated they were in existence before the . 18 City Code. 19 Commissioner Gondorchia stated he had viewed the site and did not feel the request was out of 20 line. The windows at the Grewe residence currently face the garage and he did not feel the 21 proposed garage would affect the view or the resale of the house. He noted the Hedbergs could 22 construct a fence and that would block the view completely. Commissioner Gondorchin noted 23 however, after visiting the site, he had difficulty seeing that strict enforcement would cause an 24 undue hardship. He encouraged the Hedbergs to discuss other options available with Mr. 25 Schmidt. 26 Chair Bergstrom stated in terms of community development,he would most always support a 27 proposal that increased the value and utility of a structure. However, in this case he was 28 concerned with supporting an undue hardship. 29 Commissioner Horst stated he saw no undue hardship in this case. He felt the request was based 30 solely on convenience. He also felt this was not a unique circumstance but very common to lots 31 in the City of St. Anthony. *2 Commissioner Gondorchin stated granting the variance would be within keeping in the spirit of 33 St. Anthony as it would allow the chance to upgrade a garage and also the circumstances are not 34 created by the landowner as this is an existing structure. However,he did feel there were other 35 options available to the Hedbergs. . 08/22/96 THU 09:03 FAX ST ANTHONY 0 008 Planning Commission Regular Meeting Minutes August 20, 1996 Page 8 1 Commissioner Delmonico stated he agreed there were options available to the Hedbergs. 2 Commissioner Franzese noted it was valid to want a two car garage but also was unable to find 3 undue hardship or extraordinary circumstances. 4 Commissioner Makowske agreed. 5 Motion by Makowske, seconded by Horst,to recommend City Council deny the request fora 5 6 foot side yard setback variance.William and Evelyn Hedberg, 2509 - 30th Avenue N.E. as the 7 Commission is unable to demonstrate an undue hardship,there are no unusual physical 8 characteristics of the land, no extraordinary circumstances exist, and City Ordinance for this lot 9 pertains to all other lots in the area and does not cause the problem. 10 Motion carried unanimausl_y.. 11 Chair Bergstrom noted this item will be addressed at the August 27, 1996 City Council meeting. 12 13 D. St Anthony Health Care Center.Mike Miller(96-10). 14 1. . Conditional Use Permit. • 15 2. Parking Setback Variance. 16 3. Lot Coverage Variance. 17 4. Rear Yard Setback Variance. 18 5. Side Yard Setback Variance. 19 Chair Bergstrom opened the public hearing at 8:07 P.M. 20 Ms. Moore-Sykes reported Mike NS'iller,Administrator and owner of the St. Anthony Health Care 21 Center has filed an application for a Conditional Use Permit in order to build an addition to the St. 22 Anthony Health Care Center that will expand the size of the nursing home and assisted living 23 health care center. The proposed addition will have two floors which will add 16,000 square feet 24 for the nursing home and another 16,000 on the second floor for assisted living units. The 25 proposed conditional use is a use that is specifically listed in the City's Zoning Ordinance as .26 - permitted in this zoning district- 27 The owners recently received approval from the State of Minnesota to expand the size of the 28 facility so as to accommodate the construction of 2-bed rooms that will replace the current 4-bed 29 rooms. The approval is required before any nursing home facility can expand and it was 30 determined by the State that St. Anthony Health Care Center was most in need of expanding by 31 assigning their application first priority. The facility will not be increasing the number of beds, 32 only the number of rooms, which will provide more livable space and privacy to the residents of 33 the facility. 34 The St. Anthony Health Care Center has been operating at this site for 29 years in the same • 35 capacity. Despite the long history this facility has in the City, the Center has not been shown to 08/22/98 THU 09:03 FAX ST ANTHONY [a 009 Planning Commission Regular Meeting Minutes • August 20, 1996 Page 9 1 be detrimental to the health, safety or general welfare of anyone residing or working in the vicinity 2 of the facility. It has also not been detrimental to,property values in the area. 3 In addition to obtaining the Conditional Use Permit for the proposed expansion, the owners need_ 4 to obtain several variances because of the unique situation of this property and that of Chandler 5 Place. It has long been recognized that both Chandler Place and St. Anthony Care Center lack 6 adequate parking. This is evidenced by the amount of parking that occurs on Foss Road and 7 Chandler Drive. Part of this proposed expansion project will be to provide additional visitor 8 parking on site. 9 Nir.Miller has filed an application for a 15 foot variance to park in the sideyard setbacks at Foss 10 Road and Chandler Drive. The ordinance requires a 30 foot setback when the sideyard is adjacent 11 to the public right-of-way. Parking plans have been submitted that show four parking spaces in 12 the parking setbacks of Chandler Place on Chandler Drive side and St. Anthony Care Center on 13 the Foss Road side. 14 Mr. Miller is requesting this variance because the expansion of the St. Anthony Health Care 15 Center will need a minimum of 144 parking spaces on site as required by the City's Parking �6 Ordinance. Showing parking spaces in the setback allows him to meet the required number of ! spaces for his facility and proposed addition_ He feels that getting a variance to park in the 18 setback is a better solution to the parking situation than asking for a variance that forgives the 19 eight parking spaces. 20 The curb cuts on both Foss Road and Chandler Drive meet the minimum width requirement of the 21 Parking Ordinance and are far enough from the intersections of 37th Avenue N.E./Foss Road and 22 37th Avenue N.E./Chandler Drive so as not to obstruct the view of motorists entering or exiting 23 the side streets to either facility. 24 Staff has determined that the curb cuts are far enough from the corners of 37th Avenue N.E. of 25 each affected side street that it will not pose a hazard to motorists. If the owners'variance 26 request to park in the parking setback is denied,they will then be required to obtain a parking 27 variance for eight spaces. There is no surrounding property available for purchase to 28 accommodate the eight parking spaces needed. . 29 The State of Nfinnesota recognized their need to build the proposed addition by granting them an 30 exception to the moratorium that is in place to prevent the construction of additional nursing 31 homes or expanding the number of beds for a nursing home facility. By adhering strictly to the 32 City's Ordinance requiring a 30 foot parking setback, St. Anthony Health Care facility will not be 33 able to construct their proposed addition,thereby causing an undue hardship for their residents to 34 continue to exist. 05 Staff is recommending that the parking setback variance request of 15 feet be approved. 08/22/96 THU 09:04 FAX 444 ST ANTHONY 16 010 Planning Commission regular Meeting Minutes August 20, 1996 • Page 10 1 Because of financing requirements established through HUD, subdivision of the property was 2 done earlier this year creating separate lots for Chandler Place and St. Anthony Health Care 3 Center. This was done to Insure that funds to be used for the expansion went to the St. Anthony 4 Health Care Center only. But in creating two separate lots to facilitate financing of the proposed 5 addition;the existing facilities are in close proximity to each other. The proposed addition to the 6 St. Anthony Health Care Center will now require a 25 foot variance for the rear yard and a seven 7 foot sideyard setback in order to be constructed. 8 Mr.Miller has filed an application for a 25 foot variance to the City's Rear Yard Setback 9 Ordinance requirement. The ordinance requires that the rear yard must have a depth equal to or 10 greater of 20% of the entire lot or 40 feet in an R-4 zoning district. Mr.Miller has also filed an 11 application fora 7 foot variance to the City's Side Yard Setback Ordinance requirement. The 12 ordinance requires that there must be two side yards with a muumum width of 15 feet between the 13 property line and the side of a structure in an R-4 zoning district. 14 The variance to the rear yard setback and side yard setback are necessary in order to complete the 15 proposed addition. Tf the variance requests are not approved,the St. Anthony Health Care facility 16 will not be able to alleviate the crowding conditions that four beds to a room creates, thereby 17 causing an undue hardship to continue to exist. The rear and side and in question are adjacent to Chandler Place,which is owned and • is y q � 19 administered by the same owners of the St. Anthony Health Care facility. There also exists an 20 easement between the two existing facilities further south along the same lot line that allows for 21 the'transport of meals from the kitchen of the St. Anthony Health Care facility to the dining area 22 of Chandler Place. There will not be detrimental impact to Chandler Place should these variance 23 requests be approved. 24 The purpose of the proposed variances is not based solely on a desire to increase the value or 25 income potential of this property,but will correct overcrowding with an updated and modern 26 nursing home facility. 27 Staff is recommending that the rear yard setback variance request of 25 feet and the sideyard 28 setback variance request of 7 feet for the SW corner of St. Anthony Health Care Center be 29 approved. 30 The proposed expansion will also require the owners to obtain a variance for lot coverage. 31 Because of the need for increased parking and the proposed addition,the total coverage by 32 impervious surfaces of both lots is 123,401 square feet;the combined total square footage of the 33 lots is 218,980, which translates to a lot coverage of 56%. The City Ordinance allows a 34 maximum of 50%lot coverage in an R-4 zoning district. Therefore,the owners are required to 35 obtain a lot coverage variance of 13,911 square feet. • 36 Mr.Miller has filed an application for a lot coverage variance of 13,911 square feet. Again,the 37 variance for lot coverage is necessary in order to complete the proposed addition. If the variance 08/22/96 THU 09:04 FAX -►+-, ST ANTHONY lJO11 • Planning Commission Regular Meeting Minutes August 20, 1996 Page 11 1 request is not approved, the St_Anthony Health Care facility will not be able to alleviate the 2 crowding conditions that four beds to a room creates,thereby causing an undue hardship to . 3 continue to exist. 4 5 Staff advised Mr. Miller of the need to also contact the Rice Creek Watershed District to 6 determine if the current storm water retention pond will be adequate to accommodate the storm. 7 water'run-off from the proposed increase in impervious surfaces. There will not be a significant 8 or detrimental impact to the storm water retention pond that drains Chandler Place and St. 9 -Anthony Health Care facility should this variance request be approved. The current lot coverage 10 for both facilities is approximately 52%. 11 The purpose of the proposed variance is not based solely on a desire to increase the value or 12 income potential of this property,but will correct overcrowding with an updated and modem 13 nursing home facility. 14 Staff is recommending that the lot coverage variance request for St.Anthony Health Care Center 15 be approved to allow the proposed Iot coverage of 56%. Staff is also recommending that the request for a Conditional Use Permit for the expansion of use for the St. Anthony Health Care Center be approved contingent upon obtaining approval for the 18 variance requests described herein. 19 Mr.Miller held a neighborhood meeting to discuss plans for the expansion. Staff has received no 20 responses from any of the property owners or neighbors. 21 Chair Bergstrom noted these issues have been before the Planning Commission twice and the 22 Commission is familiar with the details. 23 Commissioner Makowske asked if the City Attorney had reviewed the conditional use permit and 24 if he recommended any further conditions. 25 Ms.Moore-Sykes.stated the City Attorney has reviewed the document and has no further 26 comment. 27 Motion by Gondorchin, seconded by Franzese to recommend City Council approval of a 28 Conditional Use Permit for the expansion of use of the St. Anthony Health Care Center 29 contingent upon obtaining approval of the parking setback variance,lot coverage variance, rear 30 yard setback variance, and side yard setback variance. 1 Motion carried unanimously. 46 32 Commissioner Gondorchin noted all variance approvals would be predicated by approval of the 33 Rice Creek Watershed District. 08/22/98 THU 09:04 FAX -,i-► ST ANTHONY 0012 Planning Commission Regular Meeting Minutes August 20, 1996 • Page 12 1 Motion by Gondoichin to recommend City Council approval of the parking setback variance 2 request of 15 feet, the rear yard setback variance request of.25 feet,the sideyard setback variance 3 request of 7 feet for the SW corner, and the lot coverage variance request to allow 56%lot 4 coverage for the St. Anthony Health Care Center as it meets the following variance criteria: 5 1. Strict enforcement of the ordinances would cause undue hardship as the facility is 6 landlocked. 7 2. Unique circumstances as the expansion plan is designed to meet the existing changing 8 healthcare needs. 9 3. The lot coverage is not detrimental as long as it received approval of the Rice Creek 10 Watershed District. 11 4. Granting of the variance will keep the spirit of the zoning process to help redevelopment 12 of the community, create jobs and keep St. Anthony vigorous. 13 5. Granting of the variance will not alter the character of the area. 14 Chair Gondorchin noted the property is already dedicated to the facility. This proposal offers an • 15 opportunity to maintain the facility until the year 2000. 16 Commissioner Franzese noted the high demand for this type of service to the extent that the 17 permit was put to the top of the list and the moratorium was waived at the State level. 18 Chair Bergstrom declared the motion and Commissioner Makowske seconded the motion. 19 Mr.Mike Miller, Administrator and owner of the St. Anthony Health Care Center stated a unique 20 characteristic was that this was the only nursing home in the City of St. Anthony. He reported 21 application had been filed with the Rice Creek Watershed District and would be considered at 22 their August 28, 1996 meeting. His civil engineer has worked with the Watershed engineers and 23 developed a drainage plan which has received preliminary approval. The drainage ponding on site- 24 will be expanded by 10%and the same drainage culvert will exist. The existing building will drain 25 partly into the center courtyard and a small amount into the pond. The roof will hold a couple . 26 inches of water which will slowly drain. 27 Mr.Miller asked that approval of the variances not be predicated by Rice Creek Watershed 28 District approval as it would have to be brought back before the City,Council after there August 29 .27, 1996 meeting. Mr.Miller stated he is hoping to have ground breaking on October 1, 1996. 30 D.J.Krans Construction has been selected to do the construction. The construction would then 31 be completed in April 1997 at which time the remodeling will be completed. One revision to the • 32 plan is that they have found room for two more parking stalls on the Foss Road side. The 33 neighborhood has expressed concern with parking during construction. This has been resolved 08/22/96 THU 09:05 FAX a+-► ST ANTHONY 0013 • Planning Commission Regular Meeting Minutes August 20, 1996 Page 13 1 with Elmwood Church providing for employee parking. The Caravelle Apartments have also 2 indicated they will allow parking on their site during daylight bours,. 3 Commissioner Franzese questioned the issue of trucks. 4 Mr. Miller stated the loading dock area had been reconfigured to allow larger trucks to back in 5 and out. The townhouse residents have been made aware that during construction there will have 6 to be access made available for the trucks to drop off supplies. 7 Chair Bergstrom closed the public hearing at 8:30 P.M. 8 Motion by Gondorchin to amend the motion on the floor to read as follows: Recommend City 9 Council approval of the parking setback variance request of 15 feet,the rear yard setback 10 variance request of 25 feet, the sideyard setback variance request of 7 feet for the SW corner, and 11 the lot coverage variance request to allow 56%lot coverage for the St. Anthony Health Care 12 Center as it meets the following variance criteria: 13 .1. Denial would create an undue hardship as the site is landlocked. 2. Redevelopment will not alter the character of the area. 15 3. Circumstances are unique to the individual as the project is a redevelopment to meet the 16 changing demands of the health care industry. 17 4. Granting of the variance is keeping in the spirit of community development as it will help is in the revitalization of the economic base of St. Anthony by providing jobs. 19 5. The State of Minnesota recognized the hardship and waived the moratorium that is in 20 place to prevent construction of additional nursing homes or expanding the number of 21 beds in a nursing home facility. 22 6. Unique circumstances exist as St. Anthony Health Care Center is the only-nursing home in 23' the City of St. Anthony. 24 7. No one is opposed to the redevelopment. 25 Makowske seconded the amended motion. 26 Motion carried ananimousl . 7 Chair Bergstrom recessed the meeting at 8:35 P.M. and reconvened at 8:40 P.M. 08/22/96 THU 09:05 FAX ST ANTHONY Q014 Planning.Commission Regular Meeting Minutes. August 20, 1996 • Page 14 1 VII, CONCEPT REVIEW. 2 A ro d Building Site and PIans for SAV R-OPUS. Apache Plaza. 3 Mr. Tom Gersner,KKE Architects presented a preliminary site plan for the SAV IT Liquor Store 4 at Apache Plaza. This proposal includes an addition to the existing Tires Plus building. The 5 building is approximately 10,000 square feet and the addition of 4,800 square feet will result in a 6 building just above 15,000 square feet. The main entrance of the store will be located on the 7 solith side of Silver Lake Road. Parking will be on three sides along with the existing parking. 8 Some regrading will be required to correct drainage on the site. There will be several one way 9 entrances and some two way traffic. There are 27 parking stalls provided for the SAV II store. A 10 - total of 54 parking stalls located on the site which exceeds the requirement of 50 stalls. The 1 I entire parking lot will be r6triped. 12 Mr. Gersner then presented the preliminary floor plan. Total square footage of the SAV 11 store 13 is 8,300 square feet.- W. Gersner noted the 60 foot cooler which dictated the layout of the store. 14 Mr. Gersner explained the exterior design of the building. -It will coordinate with the current 15 design of the mall.- Signs are intended for two sides of the building to attract traffic from both 16 frontage roads. The signs will be approximately 54 square feet each which is within the sign 17 requirements. 18 Mr. Gersner stated this proposal will require one variance of the interior lot line. 19 Mike Larson,Liquor Store Operations Manager, stated the hardship to justify the variance occurs 20 because the SAV II store has to stay within the building line of the bank and the existing Tires 21 Plus store. 22 Commissioner Gondorchin asked if Tires Plus was satisfied with the parking arrangement. He 23 also questioned if the width of the building was due to the large cooler. 24 Mr. Gersner stated he believed Tires Plus was satisfied with the parking arrangement. He noted 25 the width of the store was due to the large cooler. Mr.Larson stated the cooler needed to be this 26 size as beer sales accounted for 62% of the store business. 27 Mr. Gersner explained the canopy on the building now will continue to the side of the building 28 and then cut back to a small metal canopy. 29 Commissioner Gondorchin asked if an area was reserved for the dumpster and if the color of the 30 signs had been determined. 31 Mr. Gersner stated the dumpster had not yet been discussed with Tires Plus. The bulk of garbage 32 from the liquor store is cardboard which is stored inside. • 33 W.Larson stated the color of the signs has not yet been determined but he would work with 34 Tires Plus on this issue. 08/22/98 THU 09:08 FAX ST ANTHONY Q015 • Planning Commission Regular Meeting Minutes August 20, 1996 Page 15 1 Commissioner Franzese expressed concern with the curb cuts and the traffic flow on site. 2 Commissioner Gondorchin stated he felt the curb cuts were a good feature to control traffic. 3 Commissioner Horst expressed his concern with'the,lot line variance and the size of the proposed. 4 liquor store. 5 Mr.Larson stated this size was consistent with other liquor stores in the area. They had 6 considered downsizing the building but it was not feasible- 7 Chair Bergstrom thanked Mr. Gersner and 1W Larson for the presentation. 8 B. Proposed Building Site and Plans for Lot 3, Apache 3 Plaza- OPUS. 9 Jay Scott, OPUS Corporation, introduced Lee Steadman,President of Realty Development 10 Advisors: I& Steadman has purchased Lot 3 from First Bank, St.Marie Company. 11 Mr. Steadman stated the proposal will include an 8,500 square foot building which will be -12 oriented toward Silver Lake Road. Two businesses will be located in the building. One business 13 will consist of 2,000 square feet and will include a low impact drive-through This area would be 4 ideal for a photo finishing store such as Ames or ProEx. The rest of the site, approximately 6,500 square feet will be used for a video store. 89 parking stalls are provided on the site. The main 16 access will be off 39th Avenue. 17 Mr. Steadman illustrated the elevation of the building. He stated the exterior will be an efface 18 matter with brick on the lower level and rock face block on the back of the building. The building 19 may have to be moved due to the building envelope which is included in the REA agreement. 20 They are currently working with Super Valu to resolve this issue. 21 Mr. Scott explained the building envelope was included in the REA agreement to allow Super 22 Valu to approve the sight corridors. This building appears to be small enough to shift to the north 23 to accommodate the view corridor if necessary. 24 Mr. Scott stated the only variance request would be a parking lot setback variance to the west of 25 5 feet. The other option would be to remove the parking area to the west as the parking stalls are 26 not needed at this time. It would however,be more cost effective to install the parking now. 11&r. 27 Scott stated the sign plan should be within the City's sign criteria. 28 Commissioner Franzese questioned the traffic flow. She noted there was only one egress and 29 ingress. She questioned if it would be difficult to turn east when exiting the parking area. 30 Mr. Steadman stated he did not foresee a problem. Mr. Scott stated there was also the possibility •1 of approaching First Bank to request a drive-line to cross their lot. 32 The Commissioners cautioned Mr. Scott and Mr. Steadman on requesting variances and also 33 complimented them on a good design. 08/22/96 THU 09:06 FAX -►-►+ ST ANTHONY 16016 Planning Commission Regular Meeting Minutes August 20, 1996 • Page 16 1 `VYTT. C.QMPREFIENSIVE PLAN UPDATE. 2 A. Review Submitted RFPs and Select Short List to be Tnterviewed_on September 17. 1996. 3 Chair Bergstrom asked the Commissioners for their input as to the four proposals received for the 4 Comprehensive Plan Update. 5 Commissioner Gondorchin felt all four were quality presentations. Re noted the cities Sanders 6 had worked with previously did not appear similar to the City of St. Anthony. DSU seemed as 7 though they may be too quick, 8 Chair Bergstrom stated he had worked with DSU previously. He noted he had spoke with the 9 City and City Attorney and they assured him there would not be a conflict of interest. 10 Commissioner Franzese noted BRW.had previously worked with the City of St. Anthony. Commissioner Horst stated he was disturbed at the hi cost of BRW and Sanders. He stated he 11 Commis high 12 -was concerned that the City work with someone who would be dedicated to getting.a lot of public 13 input. Norwest Association had a low price and had worked with the City of Wayzat& Wayzata 14 may have more similarities to the City of St. Anthony than some others. Dahlgren appeared to be 15 light on public hearings. 16 Commissioner Makowske stated he felt that Sanders and BRW were more user-friendly and had 17 included a table of contents. He expressed concern with the high price of Sanders and BRW. 18 Commissioner Gondorchin stated it would be helpful to see a product each company has done for 19 a similar City. 20 There was Commission consensus to develop a list of questions and to interview all four . 21 companies on August 11, 1996 at 7:00 PM Direction was given to staff to draft a letter to that 22 effect. 23 Chair Bergstrom noted the Comprehensive.Plan Update may require interaction with PIanning 24 Commission members. 25 Commissioner Gondorchin stated he would be willing to help in the private sessions. 26 Commissioner Delmonico and Franzese stated they would prefer to ask the company what they 27 need from the Commission and see where each Commissioner's interests lie. Commissioner 28 Makowske stated he was very interested in being involved with this process. 29 There was Commission consensus to include the budgeted amount of$30,000.00 for the 30 Comprehensive Plan Update in the letter to the four companies and ask them to be prepared to • 31 discuss their proposals in light of the budgeted amount. 08/22/98 THU 09:08 FAX ST ANTHONY 16017 Planning Commission Regular Meeting Minutes • August 20, 1996 Page 17 1 IX. COMMENTS. 2 A. Commissioners. 3 Commissioner Franzese suggested Staff investigate having Silver Lake Road given back to the 4 City of St. Anthony. 5 B. Staff. 6 1. September Public Hearings. 7 Ms. Moore-Sykes stated the issues scheduled for public hearings at the September Planning S Commission meeting included the two concept reviews of this evening,the liquor store and video 9 store. 10 2. TIP Review- September/October. 11 Ms. Moore-Sykes stated she had included the TIF review in the Commissioner's packet. This 12 needs to be done in September or October and is required by Minnesota statute. 13 I.X. ADJOURNMEENT. 14 Motion by Delmonico, seconded by Horst,to adjourn the meeting at 10:43 P.M. 15 Motion carried unanimously. 16 Respectfully submitted, 17 Lorri Kopischke 18 TimeSaver Off Site Secretarial _ MEMORANDUM DATE: August 21, 1996 TO: Michael Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Planning Commission Meeting Summary, 8/20/96. I. Designate Planning Commission Representative to August 27, 1996 Council Meeting. A. Commissioner Franzese will attend unless she has a conflict with her schedule. Commissioner Delmonico will attend in her place if she is ..unable to attend. IL Public Hearings. A._ Subdivision of Property and Replatting Request — Arnie Gregory, The Arbors, Old Highway 8 (96-12). Recommend to approve. • B. Variance Request for Non-Conforming R-1 Lot - Bruce Nedegaard, Fordham Drive (96-13). Recommend to approve. C. Sideyard Setback Variance Request for Attached 2-Car Garage — William Hedberg, 2509 - 30th Avenue N.E. (96-11). Recommend denial of application based on no'demonstrated hardship. D. St. Anthony Health Care Center, Mike Miller (96-10). 1.) Conditional Use Permit. 2.) Parking Setback Variance. 3.) Lot Coverage Variance. 4.) Rear Yard Setback Variance. 5.). Side Yard Setback Variance. Recommend approval. III. Concept Review A. Proposed Building Site and Plans for SAV II — OPUS, Apache Plaza. 1.) Discussed rear yard variance; sign plan. Commission advised may need variance if wall sign wraps around to north side. B. Proposed Building Site and Plans for Lot 3, Apache Plaza — OPUS. • 1. Discussed need for conditional use permit for proposed video rental store. Use for the second portion of the building to be Page 2 • determined this week. Proposed use include bagel cafe, drive- thru photo finishing store. Commission advised in second store has a drive-thru, that use may require a conditional use permit as well. IV. ' Comprehensive Plan Update. A. Review Submitted RFPs and select short list to be interviewed on Sept. 17, 1996. 1. Planning Commission decided to interview representatives _ from all four firms that submitted proposals. 2. Special Planning Commission meeting scheduled for Sept. 11 at 7:00 P.M. for the interviews. 3. Subcommittee to be formed to work closely with consultant. They will provide progress reports to the Planning Commission and City Council. V. Comments. , A. Commissioners. 1. Chair Bergstrom asked if the City has a Capital Improvement Plan and if the Planning Commission will be reviewing this document in the future. B. Staff. 1. September Public Hearings. a. Setback and Sign Variances, Conditional Use Permit for SAV II. b. Setback and Sign Variances, Conditional Use Permit for Lot 3, Apache Plaza. 2. TIF Amendment Review — September/October. VI. Adjournment. The Planning Commission adjourned at 10:45 P.M. STAFF REPORT DATE: August 20, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Request for Subdivision of Property -- Arnold Gregory, Arnold Development Auditors Subdivision 377, Blocks 2 and.4, Old Hwy. 8 BACK_ GROUND. Arnie Gregory, developer for the Arbors Townhomes, has requested that Blocks 2 and 4 of Auditor's Subdivision 377 be subdivided in order to replat. The replatting would accom- modate revised construction plans to build six townhomes with master bedrooms on the main floor. In order to accomplish this, the revised master bedroom plans require additional floor area on the lower level that by eliminating one unit in each of the two buildings would provide. • If his request to replat the property is approved, it would lessen the density of the.project which would reduce traffic and noise in the development. Mr. Gregory felt this reduction in the density would be a benefit to neighboring properties as well. RECOMMENDATION. Staff recommends that this request for subdivision of property be approved. The proposed subdivision and replatting will not affect any setback variances already approved nor will he need to. request additional variances to construct the larger townhomes. Staff has not received any responses from the neighbors to Mr. Gregory's request to subdivide his property. JUL, 31. 1996 5: 17PM J BUXELL ARCH LTD N0, 0117 P. l Fj t � • 1 ' t l I � � A � , I G mNL� � _ • Pow4il r2x N= 7171 0�X 3• F ► / �`y_ .� T' JM �•£•L'✓�'-�/kfs F1°"vViG/' /at�Xr.L[� Fix# 7AI_%F':'r deb ebNO 13U . ... U• u -,!wuuvu u UCAJ4;l"UU U)&1ti T 103 IIe.36 `:?� l3 2 1 R ; 00 ; 78.36 (2) 130 11 N 10 r 9 I r, a ` (44) C, - _ 30 3 I 1 Ab I30 �.• � �.• ez.s � t• �` i3 L 7 ' (60 A_CROFT' _ _ A _ �~ VAC 6-26.= ) Y, R LOT 2 OR 100 130 100 C' . 130 OQO tiff (4) 1��(?^.. `C,'.' (5) 130 - (10) e (5) ••,�, ..� (9) y / n `' ' (6) `P 8 7 130 (82) i A s :. 3 6 let.n 7 0 11 (7) (14) (70) 6 ' 130 (69) (7) 1�; h e 6(68) (8) P s(67) 1 , 170 1 35 O 0 (71) • 4. �� QO 10' 9 tn (66) (72) t6 II h (9) - 3 X73) ( 16) - z (65) � 19 170 (64) by (81) 12 BS ,,.. .9 13s 1 (63) 9 13 (74) (10) 14 h (76) ti a 15 ti* 13s I(78� (12) 1e 1 (79) oti 11 19 (80) c 11) p1 c lJ I ' o , 135 a `J 'q TF I PART OF D 8: ww LOT 19 . eo (61) ;. iota.6 `. S 38 S t o PART OF (25) I LOT 20 1 - 1 (62) (26) I ,J* 1 �p ,122) / 111.13 v„ 70 30 1 e / - I STAFF REPORT DATE: August 20, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Lot Area Variance Request, Bruce Nedegaard, Nedegaard Construction Outlot C, Fordham.Drive. BACKGROUND. Bruce Nedegaard, owner of Nedegaard Construction is requesting a variance for lot area and size,for his property located at Outlot C, Fordham Drive. Originally, this property was to be replatted along with the property at 3929 Fordham Drive owned by Tom and Diane Schroeder in order to make both properties conforming residential lots. As a result of the City amending its lot coverage ordinance,-Mr. and Mrs. Schroeder later decided to remodel their current residence, leaving Mr. Nedegaard with a residential lot that is not buildable because it does not meet the City's ordinance regarding lot size and area. • Currently, lot is 67.51 feet in width and 8 776.3 square feet. The City's ordinance Y� q ty requires that a buildable residential interior lot be 75 feet wide and 9,000 square feet. Outlot C requires a variance of 7.49 feet in width and 223.7 square feet. RECOMMENDATION. Staff recommends that this request for a lot area and size variance be approved. It is the Staff's opinion but for the untimely amendment to the lot coverage ordinance, Mr. Nedegaard would have had a conforming residential lot. The amending of this ordinance caused Mr. Nedegaard an unforeseen hardship by limiting his ability to develop this lot. The City received one telephone call in favor of Mr. Nedegaard's development plans for . the lot and one in opposition. We have received no other opinions via telephone or.mail. • THE VILLAGE COMMONS m a CE m SCXLE: I INCO 40 FFEET L o Oc►•,tE. I12 'tCH t I{ flch '14 r N 1lC:i P4E lGnjmc SET AYr" ti•%I�rfS! '.,MiCi 4F Of $ i,u` eT'x ui�.94 rAGSEt S C.:.S. W. 2CI62 In 992 :OF i•'sNis 0° '.I PI�I 1 ,j' o ci• -: ! 5i,roam•-IRE uF UPI )r, I r . A'~�,l A!,�Lff_tKfRE •KJ i I °..?S �r '�+' � )b _ if.Cl %� _w5(tll t' .� ,• / fr S E41a'�l' Y I I•• •• 9 S 1 w�• / °: :�: �J fisoN Cc 41.01 i'i �!. I 501.:lSlEi: G'ihtE G= T 7 '�i�.•_,I JL, r Er.•TJF_lr• ,, s . .�.___.__---�• I ;4*WE Y.o3 •e 1 i �• - _T r - ^.•. WE I� ,,,t ``•` ~EJ- .r•:i '��" % E3 2 jr OUT'01 D x '$ UM w . z..f• .iw•y. i orwx.a.wn� •O._ :'� / :��'• stvta 1p. 3 O 'Al r 1 .••1 - �. a u ��% .•� SE 1/4 SEC. 31 T. 10 R. 23 -- -` ., / HY-LAND EYING, P-A: LA ETOIf QwPC I 1 09: 1) 4Z 141=CTC HY-LAND SURVEYING INVOICE NO. 9185 F. B. NO. LAND SURVEYORS LSCALE 1" _ ?n . Proposed Top of Block o Denotes Iron Monument Proposed Garage Floor o Denotes Wood Hub Set 7845 Brooklyn Blvd. Brooklyn Park,Minnesota 55445 For Excavation Only Proposed Lowest Floor x000.0 Denotes Existing Elevation 560-1984 Type of Building - O Denotes Proposed Elevation pg -OF•• Denotes Surface Drainage NOTE: Property located in pert of Section NEDEGAARD CONSTRUCTION Township Range , r4 I V s l� 1 — � I CJYt•ce C-�cZonos�o 2!0 c� I � KES\CJ6NC6" W _ Zv1'DI Q �9 oC 0�oO 0 1 - OUTLOT C, THE VILLAGE COMMONS The only easements shown are from plats of record or information provided by client. 1 hereby certify that this survey was prepared by me or under my direct supervision, and that I�am a duty Registered Land surve or under the taws of the State of Minnesota. d L. / Sur Austhis 26thdayof July 19 96 . • Milton E. Hykmd, inn. Reg. No. 2dW m STAFF REPORT DATE: August 20, 1996 TO: Planning Commission Members FROM: Kim.Moore-Sykes, Management Assistant ITEM: Request for Side Yard Setback Variance -- William & Evelyn Hedberg, 2509-30th Avenue N.E. BACKGROUND. - William and Evelyn Hedberg, 2509 - 30th Avenue N.E., have submitted an application for a side yard setback variance of 5 feet in order to construct a 20 foot by 24 foot 2-car garage that will be attached to the east side their home. Currently, the owners have a single car garage that sets back from the house and-five feet from the property line. The proposed attached 2-car garage would sit in front of the existing single car garage. The variance is needed because the west side of the house sits five feet from the property line as well. The combined side yard setbacks for this property is 10 feet; the City ordinance requires a combined total of 15 feet for side yard setbacks. When Staff asked about adding to the existing garage structure, the owners indicated that they had a need for the additional garage space and that attaching it to their home would provide security to them both from the weather and possible criminal activity that might be directed at them because of their age. Their proposed attached double car garage would have two doors, one in the front and the other in the back so that they can have access to the existing garage that will sit behind the proposed garage. The existing garage will be used to store equipment. The owners were advised by Staff to apply for a variance rather than obtaining a garage setback permit because the double car garage addition is being attached to the house, thereby making it a part of the principal structure of the property. When an accessory building (including garages) is attached to the principal structure of the property, then the setback requirements of the principal structure apply (Section 1650.02, Subd. 3). The City Attorney was contacted and concurred with Staff's interpretation of the City Ordinance. Staff have also received several telephone calls and a signed petition from neighbors in opposition to the proposed construction of the attached double car garage. A letter from the owners' immediate neighbor to the east was also received stating that they are concerned with the potential loss of visibility as the result of this project. Many were also • concerned about what it would look like with two garages on the same property. They felt that something could be constructed that would meet the owners' needs and be acceptable to the neighbors. RECOMMENDATION. Staff recommends that this request for a five foot variance to the side yard setback be denied based on the amount of neighbor opposition presented. r DORS EY & WHITNEY L L P • MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS,MINNESOTA 55402-1498 SEATTLE BRUSSELS TELEPHONE: (612) 340-2600 FARGO HONG KONG FAX: (612) 340-2868 BILLINGS DES MOINES WILU"R 80TH ROCHESTER (812)54429M MISSOULA COSTA MESA GREAT FALLS August 19, 1996 BY FACSIMILE&MAIL Planning Commission City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Request for Side Yard Setback Variance -- William & Evelyn Hedberg, 2509 - 30th Avenue N.E. • Dear Members of the Planning Commission: A question has arisen as to whether the above-referenced side yard setback can be dealt with under the garage setback permit provisions of Section 1650.02, Subd. 6 of the Code of Ordinances. This permit provision was developed a number of years ago in response to the fact that the City was receiving a considerable number of requests for side yard or rear setback variances for garages which owners wished to locate in a rear corner of their lot. In considering these requests, the Planning Commission and Council often found it difficult to find any true "hardship" as required by the city ordinances and the state statute. For this reason, I drafted the garage setback permit provisions which appear in Subd. 6, and they were then adopted by the City Council. A question has now arisen as to whether the permit provision can be applied instead of a variance in the Hedberg case where the garage is not at the rear of the lot but is an attached garage with approximately the same front setback as the house itself. Under Subd. 3 of Section 1650.02, an attached garage must be "considered a part of the principal structure and must comply with all setbacks and other requirements applicable to the principal structure." I would interpret this to mean that even though it is a garage, for side yard setback purposes it must be treated as part of the house. As such, it would not qualify for the garage setback • permit provisions of Subd. 6, since these could not be applied to the house itself. DORSEY & WHITNEY LLP Planning Commission August 19, 1996 Page 2 If a different interpretation were made, I would imagine there could be many houses in St. Anthony where people could try to avoid the setback requirements if the permit provisions of Subd. 6 were deemed to apply to attached garages. I also note that Subd. 4 of the same Section provides that no eave or other portion of an accessory building may be closer than 5 feet from any other eave or other portion of a principal structure. If the old garage is going to remain behind the new attached garage, this five foot mininum setback would need to be observed. Since the attached garage is considered a part of the "principal structure" the old garage could not be any closer than five feet to the new garage. I hope this answers the questions that have been raised in this matter, but if you should have any further questions, please let me know. Very tr ly yours, • William R. Soth WRS/ms 2501 3 o�L AVE N E �t k t-I T wo Q y , vv\N • I - N 39; �xISrIN� ?im- e po sed Ko�S� bcc c 24' P Ro Pos�-0 211 Att�nc�D I GAZA GE DR�v�WA- - � - 35 • �C>�O-k . 0 A S�cc.o aN v�o`� e�sR 'v • l3� Sln'� ►J�Ie-S '�v VIna�G� Phi S��tJ E� Tess f?-ooF LO N-)ST1z�crc o N Oklk �( H� o+�ti ELZS '� l �-5 FOrL_ P P-6TeCU16 M t u cL d&611r wCAZ'(tE/-- ►� PE`rirl oNE(t�S w: C-a►gPA C- r CzoAA %Trz6C,-r- T� V lC n L-1-( 'DN 6 -V\ Z°'d 4N, • STAFF REPORT DATE: August 20, 1996 TOi Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Request for Condition Use Permit -- Mike Miller, St. Anthony Health Care Center Addition, 3700 Foss Road BACKGROUND. Mike Miller, Administrator and owner of the St. Anthony Health Care,Center has filed an application for a Conditional Use Permit in order to build an addition to the St. Anthony Health Care Center that will expand the size of the nursing home and assisted living health care center. The proposed addition will have two floors which will add 16,000 square feet for the nursing home and another 16,000 on the second floor for assisted living units. The proposed conditional use is a use that is specifically listed in the City's Zoning Ordinance as permitted in this zoning district.. The owners recently eceived approval from the State of Minnesota to expand the size of Y PP P the facility so as to accommodate the construction of 2-bed rooms that will replace the current 4-bed rooms. The approval is required before any nursing home facility can expand and it was determined by the State that St. Anthony Health Care Center was most in need of expanding by assigning their application first priority. The facility will not be increasing the number of beds, only the number of rooms, which will provide more livable space and privacy to the residents of the facility. The St. Anthony Health Care Center has been operating at this site for twenty-nine (29) years in the same capacity. Despite the long history this facility has in the City, the Center has not been shown to be detrimental to the health, safety or.general welfare of anyone residing or working in the vicinity of the facility. It has also not been detrimental to property values in the area. In addition to obtaining the Conditional Use Permit for the proposed expansion, the owners need to obtain several variances because of the unique situation of this property and that of Chandler Place. It has long been recognized that both Chandler Place and St. Anthony Care Center lack adequate parking. This is evidenced by the amount of parking that occurs on Foss Road and Chandler Drive. Part of this proposed expansion project will be to provide additional visitor parking on site. Parking plans have been submitted that show parking spaces in the parking setbacks of Chandler Place on Chandler Drive side and St. Anthony Care Center on the Foss Road side. The City Parking Ordinance requires 30-foot setbacks when parking is adjacent to public rights-of-way. Staff have determined that the curb cuts are far enough from the corners of • 37th Avenue N.E. of each affected sidestreet that it will not pose a hazard to motorists. If the owners' variance request to park in the parking setback is denied, they will then be : . required to obtain a parking variance for eight spaces. Because of financing requirements established through HUD, subdivision of the property was done earlier this year creating separate lots for Chandler Place and St. Anthony Health Care Center. This was done to insure that funds to be used for the expansion went to the St. Anthony Health Care Center only. But in creating two separate lots to facilitate financing of the proposed addition, the existing facilities are in close proximity to each other. The proposed addition to the St. Anthony Health Care Center will now require a 25 foot variance for the rear yard and a seven foot sideyard setback in order to be constructed. The proposed expansion will also require the owners to also obtain a variance for lot coverage. Because of the need for increased parking and the proposed addition, the total coverage by impervious surfaces of both lots is 123,401 square feet; the combined total square footage of the.lots is 218,980, which translates to a lot coverage of 56%.- The City. Ordinance allows a maximum of 50% lot coverage in an R-4 zoning district. Therefore, the owners are required to obtain a lot coverage variance.of 13,911 square feet. RECOMMENDATION. Staff recommends that this request for a Conditional Use Permit for the expansion of use • . for the St. Anthony Health Care Center be approved contingent upon obtaining approval for the variance requests described herein. Mr. Miller held a neighborhood meeting to discuss plans for the expansion. Staff have received no responses from any of the property owners or neighbors. STAFF REPORT ..DATE: August 20, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Lot Coverage Variance Request -- Mike Miller, St. Anthony Health Care Center BACKGROUND. Mike Miller, Administrator. and owner of the St. Anthony Health Care Center has filed an application for a variance to the City's Lot Coverage Ordinance requirement. The ordinance requires.that lot coverage may not exceed 50% in an R-4 zoning district. The proposed lot coverage to accommodate the proposed addition.and requisite parking spaces is.56%. ANALYSIS. Again, the variance for lot coverage is necessary in order to complete the proposed • addition and provide the required number of parking spaces. If the variance request is not approved, the St. Anthony Health Care facility will not be able construct the proposed addition meant to alleviate the crowding conditions that four beds to a room creates. The State of Minnesota recognized their need to build the proposed addition by granting them an exception to the moritorium that is in place to prevent the construction of additional nursing homes or expanding the number of beds for a nursing home facility. By adhering strictly to the City's rear yard setbackrequirement, St. Anthony Health Care facility will not be able to construct their proposed addition, thereby causing an undue hardship to continue to exist. Staff advised Mr. Miller of the need to also contact the Rice Creek Watershed District:to determine if the current storm water retention pond will be adequate to accommodate the storm water run-off from the proposed increase in impervious surfaces. There will be not a significant or detrimental impact to the storm water retention pond that drains Chandler Place and St. Anthony Health Care facility should this variance request be approved. The current lot coverage for both facilities is approximately 52%. The purpose of the proposed variance is not based solely on a desire to increase the value or income potential of this property, but will correct overcrowding with an updated and modern nursing home facility. • RECOMMENDATION. Staff recommends that the lot coverage variance request for St. Anthony Health Care • Center be approved to allow the proposed lot coverage of 56%. • • STAFF REPORT DATE: August 20, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant Yi ITEM: Sideyard Setback Variance Request -- Mike Miller, St. Anthony Health Care Center BACKGROUND. Mike Miller, Administrator and owner of the St. Anthony Health Care Center has filed an application for a seven (7) foot variance to the City's Side Yard Setback Ordinance requirement. The ordinance requires that there must be two side yards with a minimum width of 15 feet between the property line and the side of a structure in an R-4 zoning district. As the result of the need to subdivide the.property for the financing of the addition to the St. Anthony Health Care Center, the side yard of the proposed addition at the SW corner • will be 8 feet instead of the required 15 feet. It is only at this corner that the variance is required. ANALYSIS. The variance to the sideyard setback is necessary in order to complete the proposed addition. If the variance request is not approved, the St. Anthony Health Care facility will not be able to alleviate the crowding conditions that 4 beds to a room creates. The State of Minnesota recognized their need to build the proposed addition by granting them an exception to the moritorium that is in place to prevent the construction of additional nursing homes or expanding the number of beds for a.nursing home facility. By adhering strictly to the City's Ordinance requiring a 15 foot sideyard, St. Anthony Health Care facility will not be able to construct their proposed addition, thereby causing an undue hardship.to continue to exist. The side yard in question is adjacent to Chandler Place, which is owned and administered by the same owners of the St. Anthony Health Care facility. There also exists an easement between the two existing facilities further south along the same lot line that allows for the transport of meals from the kitchen of the St. Anthony Health Care facility to the dining area of Chandler Place. There will be not detrimental impact to Chandler Place should this variance request be approved. The purpose of the proposed variance is not based solely on a desire to increase the value or income potential of this property, but will correct overcrowding with an updated and • modern nursing home facility. RECOMMENDATION. Staff recommends that the sideyard setback variance request of 7 feet for the SW corner'of St. Anthony Health Care Center be approved. • STAFF REPORT DATE: August 20, 199.6 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Rear Yard Setback Variance Request --. Mike Miller, St. Anthony Health Care Center BACKGROUND. Mike Miller, Administrator and owner of the St. Anthony Health Care Center has filed an application for a variance to the City's Rear Yard Setback Ordinance requirement. The ordinance requires that the rear yard must have a depth eaqual to the greater of 20% of the entire lot or 40 feet in an R-4 zoning district. Because of the need to subdivide the property for the financing of the addition to the St. Anthony Health Care Center, the rear yard of the proposed addition will be 15 feet instead of that required by the City's Ordinance. • ANALYSIS. Again,.,the variance to the rear yard setback is necessary in order to complete the proposed addition. If the variance request is not approved, the St. Anthony Health Care facility will not be able to alleviate the crowding conditions that four beds to a room creates. The State of Minnesota recognized their need to build the proposed addition by granting- them an exception to the moritorium that is in place to prevent the construction of additional nursing homes or expanding the number of beds for a nursing home facility. By adhering strictly to the City's rear yard setbackrequirement, St. Anthony Health Care facility will not be able to construct their proposed addition, thereby causing an undue hardship to.continue to exist. The rear yard in question is adjacent to Chandler Place, which is owned and administered - by the same owners of the St. Anthony Health Care facility. There also exists an easement between the two existing facilities further.south along the same lot line that allows for the transport of meals from the kitchen of the St. Anthony Health Care facility to the dining area of Chandler Place. There will be not detrimental impact to Chandler Place should this variance request be approved. The purpose of the proposed variance is not based solely on a desire to increase the value or income potential of this property, but will correct overcrowding with an updated and • modern nursing home facility. RECOMMENDATION. • Staff recommends that the rear yard setback variance request for St. Anthony Health Care Center be approved. • • STAFF REPORT DATE: August 20, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Variance Request for Parking in the Setback -- Mike Miller, St. Anthony Health Care Center BACKGROUND. Mike Miller, Administrator and owner of the St. Anthony Health Care Center has filed an application for a fifteen (15) foot variance to park in the sideyard setbacks at Foss Road and Chandler Drive. The ordinance requires a thirty (30) foot setback when the sideyard is adjacent to a public right-of-way. Parking plans have been submitted that show four parking spaces in the parking setbacks of Chandler Place on Chandler Drive side and St. Anthony Care Center on the Foss Road side. Mr. Miller is requesting this variance because the expansion of the St. Anthony Health Care Center will need a minimum of 144 parking spaces on site as required by the City's Parking Ordinance. It has long been recognized that both Chandler Place and St. Anthony Care Center lack adequate parking. This is evidenced by the amount of parking that occurs on Foss Road and Chandler Drive. Showing parking spaces in the setback allows him to meet the required number of spaces for his facility and proposed addition. He feels that getting a variance to parking in the setback is a better solution to the parking situation than asking for a variance that forgives the eight parking spaces. The curb cuts on both Foss Road and Chandler Drive meet the minimum width requirement of the Parking Ordinance and are far enough from the intersections of 37th Avenue N.E./Foss Road and 37th Avenue N.E./Chandler Drive so as not to obstruct the view of motorists entering or exiting the sidestreets to either facility. Staff have determined that the curb cuts are far enough from the corners of 37th Avenue N.E. of each affected sidestreet that it will not pose a hazard to motorists. If the owners' variance request to park in the parking setback is denied, they will then be required to obtain a parking variance for the eight spaces. There is no surrounding property available for purchase to accommodate the eight parking spaces needed. The State of Minnesota recognized their need to build the proposed addition by granting them an exception to the moritorium that is in place to prevent the construction of additional nursing homes or expanding the number of beds for a nursing home facility. By adhering strictly to the City's Ordinance requiring a 30 foot parking setback, St. Anthony Health Care facility will not be able to construct their proposed addition, thereby causing an undue hardship for their residents to continue to exist. RECOMMENDATION. • Staff recommends that the parking setback variance request of 15 feet be approved. • • • C:\DWG\ANTHONY\DD\NEWW117.DWG 7-12-96 1 C7 (n C=] Z • # g e a 1 a . d • p .O 1 r d UI = 0 Z m < m m fj $ b wQs � p �9 x A g A 4 I f1 (� 5 _ -'U9oKAaao MMOW wu rj • 1 1/1•PMSTIc OAS I AM CHANDLER 1•FJ.P..ATEA snnM euv,•A1a mm DRI E �- 11 - • 1 • • s • • 1 • •— 6•^.cv.SAMTART SEERME •r RTN u-Ze„v.T:v.UNT*RV s I o.10s FLOan n u e, I•-OR.C.P.sramr S[.sa;om{Rod 3'� $3 r siQ►as O,A jr ILc-, Sroe1 sCM[R 1."MW owaatt allle GINMU*AD • rr � No c bB.m3.r 3 / MI 11L21 $`•le.7 30.19 = •� rM� •n Q I, Qa - a 1> OY S g S I "°"N1G b•6TORY 6TUC 0 SIN g pQ Z 7 O ODmUT � Y r V. 1p 70 �7 A r' f. 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MEMORANDUM DATE: August 23, 1996 - TO: Michael Mornson, City Manager FROM: Connie Kroeplin ITEM: LEASE FOR SPACE IN NEW CITY HALL/COMMUNITY CENTER WITH ISD #282 I spoke with Superintendent Rolek regarding the above lease. He informed me the School Board had approved the lease at their August 20th meeting, with the suggested changes (attached). In addition, on August 21st, I faxed the lease and changes agreed upon by the City and School Board to the City Attorney for his review prior to the August 27th meeting. Mr. Soth reviewed the lease and will make some changes. The . lease containing the new wording which was approved by the School Board is included in the packet. A draft copy of the lease indicating Mr. Soth's changes will be distributed at the August 27th meeting. SUGGESTED CHANGES TO THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND ISD #282 FOR SPACE IN THE ..CITY HALL/COMMUNITY CENTER Article 1. RENT. Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota, 55418, or at such other address as may be designated by Landlord, without prior demand and without any deduction or set-off, in monthly installments of$8,333.34 �annary19�7ouliune3b,1997. . . .� . ...:�, � �.....� , The total annual rent shall not exceed $100,000 for any twelve (12) month period in the ($90,000 of the total cost is for space for Community .s . Services and $10,000 is for the gym space). Attached to this Lease is the expectant payment schedule from the School District over the next 20 years (1997-2016). However, if the Legislature or Department of Children, Families & Learning removes the right to levy for lease, Tenant will no longer be bound to the payments as scheduled. T€.tlie --rn.� +�—��—.r--—T^�j: tea, -r-.a-•--,� 6 01 no o er alkes payments;xo .the_I-;,Ythe�choon ss"h'a°�l telrvacate,a ll Mac e.that_.is cubed 1 e7ow Landlord, in consideration of the rents and covenants herein, does hereby Demise, • Lease and Let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the following described premises located,in the-City of St Anthony, 3301 Silver Lake Road, County of Hennepin and the State of Minnesota. As described in the attached floor plan developed by Williams/O'Brien Associates, Inc., Offices 22, 23, 24, 25, and 26; Waiting Room 21, Copy room 20, Conference Room 19, Closet 23B, Preschool room 17, ECFE Room 15, Kindergarten Room 13, Dayrooms 106 and 104, Break Room 8, Community Services Storage 4, Storage 9, and Activity Room 6. Article 2. TERM. The term of this lease shall be.from the time of State oF Nfi=esota ertifleation la_tiary W1997:through June 30, 1997 0 a ganuary 1, 1997 and terntinating on Deeember 31, 1997 unless terminated at an earlier date as hereinafter provided. Article 6. USE. Tenant shall use the leased premises for community services offices, meetings, or other and activities offered by Community Services. Additional use could include civic and community groups. Tenant agrees not to commit or permit any act to be performed on the premises • or any omission to occur which will be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the building which ISD #282 Lease Changes Page 2 will be in violation of any insurance policy carried on the premises by the Landlord. The Tenant shall not disturb other occupants of the building by making any undue or unseemly noise or otherwise, and shall not do or permit to be done in or about the leased premises anything which will be dangerous to life, limb or property. Article 8. ALTERATIONS. Tenant will not make any alteration, additions or improvements in or to the leased premises or add, disturb or in any way change any plumbing or wiring therein without the prior written consent of the Landlord which consent shall not be reasonably withheld or delayed so long as the same does not adversely affect the structure, systems, appearance or value of the Building. Landlord may condition its consent if Tenant agrees to make such alterations, additions or improvements at its own sole expense, and warrants to Landlord that all such alterations, additions, or improvements shall be in strict compliance with all relevant laws, ordinances, governmental regulations and insurance requirements. The Tewmt shall be responsible for: the pwehase and ittstallatioit of ftay additional a leelts for the leased per,,ise, vi. f6r the exterior doers of the Bttildiftg fe r 'L"ieh Tenant has keys, and the ittstallatien of earpetiftg &ad drapes in the leased if reqttested by . Article 9. COMMON AREAS. Tenant is hereby granted the nonexclusive right to use the driveways, parking, sidewalks, hallways and restrooms serving the Building ("Common Areas") in connection with Tenant's use of the leased'premises and subject to the provisions of this Lease. and rules and regtilations established by Landlord provided, hewevi-.,.Lha A-l"Ildlerd =ay reserve fer Landlord's exeittsive use tat mere dftam tett (19) ex�sting pafkifig staHs and amy _ c In addition to the use of Common Areas, Landlord and Tenant contemplate the use of the Multipurpose Room and Gymnasium for various community events. Landlord shall, for the term of this Lease, be responsible for the scheduling of events and the collection of fees for such eveafs those areas not leased by the Tenant according to a rental fee Y g schedule satisfactory to Landlord. All events other than events of Landlord or Tenant, shall be subject to rental fees in accordance with the rental fee schedule. Tenant shall schedule no event for which adequate insurance (with respect to both coverage and cost) is not, in the opinion of Landlord, available. For purposes of this Article 9, insurance • coverage shall be deemed adequate if the proposed user shall carry comprehensive general liability insurance with limits at least equal to those required of Tenant in Article 4 hereof. ` • ISD #282 Lease Changes Page 3 Except for current methods of scheduling and such modifications as are agreed upon between Landlord and Tenant, Tenant shall schedule no event which, at the time of scheduling, conflicts in time with any scheduled Landlord event or Landlord-sponsored -event. landlord will not convert the Multipurpose Room or Gymnasium to different uses during the term of this Lease without providing similar space for continuation of the community services events. Landlord shall be responsible for the maintenance and cleaning of the Common Areas, the Gymnasium and. the Multipurpose Room except that Tenant shall be responsible for cleaning the gymnasium and Multipurpose Room after any Tenant-sponsored events scheduled by Tenafit a Tenant pursuant to this Section, and for repairing any damage occurring at or as a resulting of such events. landlord will be responsible for repair and maintenance of the Building. Article 16. COVENANTS TO HOLD HARMLESS. Except in the case of negligence of Landlord, its agents or employees, Tenant agrees to hold Landlord harmless for any liability for damages to any person or property in or about the leased premises and to defend and indemnify Landlord with respect to any actions, • suits or claims relating to any injury, death or property damage within the leased premises, except the Tenant accepts no responsibility and does not hold harmless such claims as could be a result of the fountain. All property kept, stored, or maintained in the leased premises shall be so kept, stored, or maintained at the sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the leased premises which may be secured by a mechanic's, materialmen's or other lien against the leased premises or the Landlord's interest therein and will cause each such lien to be discharged at the time performance of any obligation secured thereby matures, provided that Tenant may, upon depositing and maintaining with Landlord a sum reasonably satisfactory to Landlord to protect landlord's interest in the leased premises for such lien, contest such lien, but if such lien is reduced to final judgment or process thereon is not stayed, or if stayed and said stay expires, then and each such event Tenant shall forthwith pay and discharge said judgment. Landlord shall have the right to post and maintain on the leased premises, notices of non-responsibility under the laws of Minnesota. pirticle 19. NEW TERMINATION. Either party_may.termuiate this lease upon 90 days written noticeto:the_other party. • CITY OF ST. ANTHONY RESOLUTION 96-046 A RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND INDEPENDENT SCHOOL DISTRICT NO. 282 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE LEASE ON BEHALF OF THE CITY BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Lease between the City and St. Anthony/New Brighton School District No. 282 and authorizes the Mayor and City Manager to execute said Lease on behalf of the City. Adopted this day of- , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager LEASE THIS LEASE is entered into as of the day of , .19 , by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota, . (hereinafter called "Landlord") and. ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT #282 (hereinafter called "Tenant"), Landlord, in consideration of the rents and covenants herein, does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the following described premises located in the City of St. Anthony, 3301 Silver Lake Road, County of Hennepin and the State of Minnesota, TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on the part of. said Landlord of making any alterations, improvements or repairs of any kind on or about the leased premises except as provided herein, for the term of twelve (12) months commencing January 1 , 1997, unless terminated at an earlier date as hereinafter provided. ARTICLE 1 .' RENT. Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota, 55418, or at such other address as may be designated by Landlord, without prior demand and without any deduction or set-off, in monthly installments of $8,333.34, commencing January 1 ,.1997 through June 30, 1997. The total annual rent shall not exceed $100,000 for any twelve (12) month period ($90,000 of the total cost is for space for Community Services and $10,000 is for the gym space). Attached to this Lease is the expectant payment schedule from the School District over the next 20 years (1997-2016. However, if the Legislature or Department of Children, Families & Learning removes the fight to levy for lease, Tenant will no longer be bound to the payments as scheduled. If the School no longer makes payments to the City, the School shall immediately vacate all space that is described below. Landlord, in consideration of the rents and covenants herein, does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the following described premises located in the City of St. Anthony, 3301 Silver lake Road, County of hennepin and the State of Minnesota. As described in the attached floor plan developed by Williams/O'Brien Associates, Inc., Offices 22, 23, 24, 25, and 26; Waiting Room 21 , Copy Room 20, Conference Room 19, Closet 23B, Preschool Room 17, ECFE Room 15, Kindergarten Room 13, Dayrooms 106 and 104, Break Room 8, Community Services Storage 4, Storage 9, and Activity Room 6. • City of St. Anthony School District #282 • Page 2 ARTICLE 2. TERM. The term of this lease shall be from January 1 , 1997 through June 30, 1997 unless terminated at an earlier date as hereinafter provided. ARTICLE 3. UTILITIES AND SERVICES. Landlord agrees to furnish heat, water, sewer service, and electricity in reasonable amounts, and snow removal, but Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure ' of such services due to any cause, and no temporary interruption or failure of such services, incident to the making of repairs, alterations or improvements or due to accidents or strikes, or conditions or events not under Landlord's control shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder. If services are interrupted for a period of five consecutive days and all or a • portion of the leased premises are untenantable because of the lack of services, the monthly rent will abate for the period the leased premises are untenantable in proportion of the leased premises which is untenantable. ARTICLE 4. NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant or those claiming through or under Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any damage for failure to furnish services or utilities, the necessity for repairs or improvements to such services, fire, explosion, strikes, or any causes beyond Landlord's reasonable control; nor shall Landlord be liable for personal injuries, death, or any damage from any cause, in or about the leased premises or the building within same are located, including the parking area, and. without limiting the generality of the foregoing, any personal injuries, death or damage resulting from the use or escape of gas, water, steam, electricity, air conditioning or other agency, or due to fire, explosion or action of the elements. Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the premises. Tenant agrees to place and maintain throughout the term hereof at its sole expense, such fire and other -casualty insurance covering Tenant's property as Tenant deems appropriate in • Tenant's reasonable discretion. Tenant further agrees to place and maintain throughout the term hereof, comprehensive general liability insurance covering the leased premises and providing insurance coverage with minimum amounts City of St. Anthony School District#282 Page 3 of liability for bodily injury to one person in the amount of Five. Hundred Thousand Dollars ($500,000.00) and for bodily injury to any group of persons in the amount of Five Hundred .Thousand Dollars ($500,000.00) and for property damage in the amount of One Hundred Thousand Dollars ($100,000.00). Landlord and Tenant each expressly waive -any right of recovery again_st each other for any losses caused by or resulting from any acts of negligence or carelessness of the other, to the extent that such losses might arise from fire or any other peril covered by any policy of insurance. ARTICLE 5. CARE OF PREMISES. Tenant agrees: 1) to keep the leased premises in as good condition and repair as they were in at the time Tenant took possession of same; reasonable wear and tear and damage from the fire and other_ casualty, for which insurance is normally procured, excepted; 2) -to keep the leased premises in a clean and sanitary condition; 3) not to commit any nuisance or waste on the leased premises, throw • foreign substances in plumbing facilities, or waste any of the utilities furnished by Landlord; 4) if Tenant shall fail to keep and preserve these premises in the state of condition required by the provisions of this Article, the Landlord may, at its option, put or cause the same to be put into the condition and state of repair agreed upon, and in such case, the Tenant, on demand, shall pay the cost thereof; 6) Tenant agrees to abide_ by such Rules and Regulations as may be reasonably promulgated by Landlord so long as the same are consistent with the rights of Tenant under this Lease. Tenant shall erect no signs on the leased premises without the prior written permission of the Landlord. Landlord shall be responsible for the maintenance and repair of structural members, walls, footings and the roof of the building of which the leased premises are a part and the building systems to the point of entry into the leased premises, subject, however, to the provisions of Article 10. , Tenant shall be responsible for all other maintenance, repair and replacement necessary for use of the leased premises; the Landlord shall be • . responsible for maintenance of the parking area, including snow plowing, and for an adequate level of security lighting. City of St. Anthony School District #282., • Page 4 ARTICLE 6.' USE. Tenant shall use the leased premises for community service offices, meetings, and activities offered by Community Services. Additional use could include civic and community groups. Tenant agrees not to commit or permit any act to be performed on the premises or any omission to occur which will be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the building which will be in violation of any insurance policy carried on the premises by the Landlord. The Tenant shall not disturb other occupants of the building by making any undue or unseemly noise or otherwise, and shall not do or permit to be done in or about the leased premises anything which will be dangerous to life, limb or property. ARTICLE 7. INSPECTION AND REPAIRS. The Landlord..or its employees or agents shall have the right to 'enter the premises at all reasonable times, upon reasonable prior notice for the purpose • of inspection, cleaning, repairing, altering or improving the-same or said building, but nothing contained in this Article 7 shall be construed so as to impose any obligation on the Landlord to make any repairs, alterations or improvements. ARTICLE 8. ALTERATIONS. Tenant will not make any alteration, additions or improvements in or to the leased premises or add, disturb or in any way change any plumbing or wiring therein without the prior written consent of the Landlord which consent shall not be unreasonably withheld or delayed so long as the same does not adversely. affect the structure, systems, appearance or value of the Building. Landlord may condition its consent if Tenant agrees to make such alterations, additions or improvements at its own sole expense, and warrants to Landlord that all such alterations, additions, or improvements shall be in strict compliance with all relevant laws, ordinances, governmental regulations and insurance requirements. ARTICLE 9. COMMON AREAS. Tenant is hereby granted the nonexclusive right to use the driveways, parking, • sidewalks, hallways and restrooms serving the Building ("Common Areas") in connection with Tenant's use of the leased premises and subject to the provisions of this Lease. City of St. Anthony School District #{282 • Page.5 In addition to the use of the Common Areas, Landlord and Tenant contemplate the use of the Multipurpose Room and Gymnasium for various community events. Landlord shall, for the term of this Lease, be responsible for the scheduling of events and the collection of fees for those areas not leased by the Tenant according to a rental fee schedule satisfactory to Landlord. All events other than events of Landlord or Tenant, shall be subject to rental fees in accordance with the rental fee schedule. Tenant shall schedule no event for which adequate insurance (with respect to both coverage and cost) is not, in the opinion of Landlord, available. For purposes of this Article 9,-insurance coverage shall be deemed adequate if the proposed user shall carry comprehensive general liability insurance with limits at least equal to those required of Tenant in Article 4 hereof. Except for current methods of scheduling and such modifications as are agreed upon between landlord_ and Tenant, Tenant shall schedule no event which, at the time of scheduling, conflicts in time with any scheduled Landlord event or Landlord-sponsored event. Landlord will not convert the Multipurpose Room or Gymnasium to different uses during the term of this. Lease without providing similar space for continuation of the community services events. Landlord shall be responsible for the maintenance and cleaning of the Common Areas, the Gymnasium and the Multipurpose Room except that.Tenant shall be responsible for cleaning the Gymnasium and Multipurpose Room after. any Tenant-sponsored events scheduled by Tenant pursuant to this Section, and for repairing any damage occurring at or as a result of such events. Landlord will be responsible for repair and maintenance of the Building. ARTICLE 10. ASSIGNMENT OR SUBLETTING. Tenant shall not assign this Lease or sublet said premises, or any part thereof, whether by voluntary act, operation of law, or otherwise, without obtaining the prior written consent of Landlord in each instance; Tenant shall seek such written consent by a written request therefor, setting forth such information as Landlord may desire. In the event that a bona fide sub-tenant or assignee is proposed to Landlord by Tenant, and Landlord is unwilling to consent to such proposed subtenancy or assignment, Landlord shall have the right, at Landlord's sole discretion, to terminate this lease upon thirty (30) days written notice to Tenant in lieu of consenting to such proposed sub-tenancy or assignment. consent by Landlord to one assignment of this Lease or to one subletting of the leased premises shall not be a waiver of Landlord's rights under this Article as to any subsequent assignment or subletting. Landlord's rights to assign this • Lease are and shall remain unqualified. City of St. Anthony • School District #282 Page 6 ARTICLE 11 . . DAMAGE BY FIRE OR OTHER CASUALTY. If.fire or other.casualty shall render the leased premises untenantable, this Lease shall terminate forthwith, and any prepayments of rent shall be_ refunded by the Landlord pro-rate; provided, however, that if the premises can be repaired within ninety (90) days from the date of such event, then at Landlord's option- by notice in writing to Tenant mailed within thirty (30) days after such damage or destruction, this Lease shall remain in full force and effect, but the rent for the period during which the premises are untenantable shall be discounted pro-rata. ARTICLE 12. EMINENT DOMAIN. If such a portion of the leased premises or the Building or-the Property are taken by any public authority under the power of eminent domain as to render the remaining portion unsuitable for the purposes intended hereunder, then the term .of this Lease shall cease as of the day possession shall be taken by such public authority, and Landlord shall make a pro-rata refund of any rent that may have been paid in advance. All damages awarded for such taking under the power of eminent domain shall belong to and be the property of Landlord, irrespective of the basis upon which they are awarded. ARTICLE 13. SURRENDER. On the last day of the term of this Lease or on the sooner termination'thereof, Tenant shall peaceably surrender the leased premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 5 hereof. On or before the last day of the term of the lease or the sooner termination thereof, Tenant shall at its expense remove all of its equipment from the leased premises, and any property not removed shall be deemed abandoned. Tenant shall reimburse Landlord for any expenses incurred by Landlord with respect to removal or storage of abandoned property. All alterations, additions and fixtures, other than Tenant's equipment, which have been made or installed by either Landlord or Tenant upon the leased premises shall remain as Landlord's property and shall be surrendered with the leased premises as a part thereof; provided, however, that Tenant may prior to the end of the term of this lease remove any of its fixtures if in so doing it shall repair any damage occasioned thereby. If the leased premises be not surrendered at the end of the term or sooner termination thereof, Tenant shall indemnify Landlord against loss • or liability resulting from delay by Tenant in so surrendering the premises, including, without litigation, claims made by any succeeding tenant founded on such delay, and reasonable attorneys fees. Tenant shall promptly surrender all City of St. Anthony School District #282 Page 7 • keys for the leased premises to Landlord at the place then fixed for payment of rent-and shall inform Landlord of combinations on any locks and safes on the leased premises. ARTICLE 14. NON-PAYMENT OF RENT: DEFAULTS. If any one or more of the following occurs, (1) a rent payment from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (15) days after notice from the Landlord; (2) Tenant shall violate or default any of the other covenants, agreements, stipulations, or conditions herein, and such violation or default shall continue for a period of. thirty (30) days after written notice from Landlord of such violation or default or, if the default may not reasonably be cured within a thirty (30) day period, then within such additional time as may be reasonably necessary to cure the default so long as Tenant is making diligent efforts to cure the default; or (3) if Tenant shall be adjudged bankrupt or file a petition in bankruptcy or otherwise indicates insolvency or becomes insolvent; then it shall be optional for Landlord to declare this Lease forfeited and the said term ended, and to re-enter said premises, with or without process of law, using such force as may be necessary to remove all persons .or chattels therefrom, and Landlord shall not be liable for damage by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or forfeiture or termination of this Lease, the liability of Tenant for the rent provided for herein shall not be relinquished or extinguished for the balance of the term of this Lease. Each party to this Lease will pay, in addition to the rentals and other sums agreed to be paid hereunder, such additional sums as the court may adjudicate reasonable as attorney's fees in any suit or action instituted by the other, party to enforce the provisions of this Lease, or the collection of the rentals due Landlord hereunder. ARTICLE 15. HOLDING OVER. In the event Tenant remains in possession of the premises herein leased after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupying said premises as a tenant from month to month, . subject to all the conditions, provisions, and obligations of this lease insofar as the same can be applicable to a month-to-month tenancy. ARTICLE 16. COVENANTS TO HOLD HARMLESS. Except in the case of negligence of Landlord, its agents or employees, Tenant • agrees to hold Landlord harmless for any liability for damages to any person or City of St. Anthony School District #282 • Page 8 property in or about the leased premises and to defend and indemnify Landlord with respect to any actions, suits or claims relating to any injury, death or property damage within the leased premises, except the Tenant accepts no responsibility and does not hold harmless such claims as could be a result of the fountain. All property kept, stored, or maintained in the leased premises shall be so kept, stored, or maintained at the sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in'or about the leased premises which may be secured by any mechanic's, materialmen's or other lien against the leased premises or the Landlord's interest therein and will cause each such lien to be discharged at the time performance of any obligation secured thereby matures, provided that Tenant may, upon depositing and maintaining with Landlord a sum reasonably satisfactory to Landlord to protect Landlord's interest in the leased premises from such lien, contest such lien, but if such lien is reduced to final judgement or process thereon is not stayed, or if stayed and said stay expires, then and each such event Tenant shall forthwith pay and discharge said judgement. Landlord shall have the right to post and maintain on the leased premises, notices of non-responsibility under the laws of Minnesota. ARTICLE 17. SUBORDINATION. At the request of any mortgagee or ground lessor, this Lease may be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Building, and Tenant will execute, acknowledge and deliver to Landlord any document requested by Landlord to evidence the subordination. Such subordination is on the condition that Tenant's right of possession of the leased premises as provided .in this Lease will not be distributed by the mortgagee or ground lessor so long as Tenant is not in default under this Lease. If the interest of Landlord is transferred to any party by reason of foreclosure of a mortgage or cancellation of a, ground lease, or by delivery of a deed in lieu of foreclosure or cancellation, Tenant will immediately and automatically attorn to such party. Tenant agrees that upon notification by Landlord or any mortgagee or ground Landlord of the election of a mortgagee or ground lessor to subordinate its interest in the leased premises to this Lease, this Lease will become prior to the mortgage or ground lease. ARTICLE 18. GENERAL. • This Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and City of St. Anthony School District #282 Page 9 • Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. No waiver of any default of either party hereunder shall be implied from any omission by the other party to take.any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision of this Lease performable by Tenant shall be construed to be both a covenant and a condition. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an Agreement in writing, signed *by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. Any notice required to be served in writing hereunder shall be mailed to the parties at the addresses set out after their respective signatures. Any and all indebtedness owing by the Tenant to the Landlord pursuant to the terms of this Lease which remains unpaid for a period of thirty (30) days after it first becomes due and payable shall bear interest from and after the lapse of such thirty,(30) day period at the rate of eight percent (8%) per annum. This Lease shall not be effective until executed by all parties hereto. Article 19. TERMINATION. Either party may terminate this lease upon 90 days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. For: ST. ANTHONY/NEW BRIGHTON For: CITY OF ST. ANTHONY SCHOOL DISTRICT #282 Its Chair Its Mayor Its Clerk Its City Manager Date Date • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA August 27, 1996 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF AUGUST 27, 1996 H.R.A. AGENDA. • IV. APPROVAL OF AUGUST 13, 1996 H.R.A. MINUTES. V. CLAIMS. A. American Engineering Testing, Inc. - $1 ,626.60. B. Graus Construction - $210,900.00. VI. DISCUSS ISSUES ON COMMUNITY CENTER BUILDING. VII. OTHER BUSINESS. VII. ADJOURNMENT. 1 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES AUGUST 13, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:29 P.M. 6 H. ROLL CALL. 7 Commissioners Present: Chair,Ranallo,Vice Chair Enrooth, Secretary Marks, and 8 Commissioners Faust and Wagner. 9 Also Present: Executive Director Michael Mornson. 10 Commissioners Absent:None. 11 III. APPROVAL OF AUGUST 13, 1996 HRA AGENDA. 12 Motion by Marks, second by Wagner to approve the August 13, 1996 HRA Agenda as 13 presented. 14 15 Motion carried unanimously. 16 IV. APPROVAL OF JULY 23, 1996 HRA MINUTES. 17 Motion by Enrooth, second by Wagner to approve the July 23, 1996 HRA minutes with • the following change: 19 Page 2, Line 12: Remove the word"written". 20 Motion carried unanimously. 21 V. PRESENTATION OF CLAIMS. 22 Motion by Marks, second by Enrooth to approve the following claims: 23 A. Dorsey& Whitney in the amount of$125.00 for legal services rendered through 24 June 30, 1996. 25 B. Dorsey& Whitney in the amount of$118.27 for legal services rendered through 26 June 30, 1996 for HRA acquisition of residential property for redevelopment. 27 C. Dorsey& Whitney in the amount of$6,078.56 for legal services rendered through 28 June 30, 1996 regarding $1,720,000.00 General Obligation Taxable Tax 29 Increment Bonds, Series 1996A City of St. Anthony, Minnesota. 30 D. American En ing_eering/Testing in the amount of$1,230.00 for project testing 31 services City Hall/Community Center from May 16, 1996 to June 15, 1996. 32 E. Midwest Asphalt Corporation in the amount of$5,744.74 for Project No. 200. 33 Motion carried unanimously. • Housing and Redevelopment Authority Meeting Minutes August 13, 1996 Page 2 • 1 VI. CONSIDER POSSIBLE CHANGE ORDERS AND OTHER ISSUES ON 2 COMMUNITY CENTER BUILDING WITH WILLIAMS/O'BRIEN. 3 A. Change Order No. 9: Site Modifications (Includes Watershed Issues and 4 Connecting Road from Police Parking to Silver Lake Road. 5 Mr. Jim O'Brien, Williams/O'Brien Associates, Inc. explained this site 6 modification relates to the Watershed District requirements and also includes a 7 connection from the police driveway to Silver Lake Road. The amount of the 8 change order is $19,900.00. 9 Wagner asked if the swale in the upper left comer of the site plan would interfere 10 with a children's playground being placed in that area and also exactly what the 11 change order of$19,900.00 would fund. 12 Ms.Liz Hermann,.Williams/O'Brien Associates, Inc. stated the swale could 13 interfere with a children's playground.in that area, depending on the size of the 14 play area. 15 Mr. O'Brien stated the $19,900.00 would fund the grading and reconstruction of 16 the site of the holding ponds as required by the Rice Creek Watershed District. It 17 will also include pipe and gravel bedding. 18 Marks asked if there would be a sidewalk on 33rd Avenue in front of the building 19 and suggested a walkway in front of the tennis courts may be a possibility. Marks 20 also asked if the bus stop would be retained and where the flag poles would be 21 located. 22 Mr. O'Brien stated there was not a sidewalk located on 33rd Avenue but there 23 was ample area available to place a sidewalk. He verified the bus stop and noted 24 the location of the flag poles in front of the entrance. 25 Faust stated he felt a walkway in front of the tennis courts was a nice idea and 26 made more sense than a sidewalk on the edge of the property. 27 Motion by Enrooth, second by Marks to approve Change Order No. 9, Site 28 Modification(including Watershed issues and connecting road from police 29 parking to Silver Lake Road in an amount not to exceed $19,900.00. 30 Wagner again asked if a children's play area could be located in the area near the 31 swale. 32 Mr. O'Brien stated he felt there would be room to accommodate the swale and a 33 play area and assured the Council that Williams/O'Brien will work with • 34 Community Services on this issue. Housing and Redevelopment Authority Meeting Minutes August 13, 1996 • Page 3 1 Motion carried unanimously. 2 B. Change Order No. 10: Modifications to Hydronic Lines. 3 Mr. O'Brien explained this change order is to provide covering of the hydronic 4 lines in the classrooms. These covers were not included in the original bid. 5 Mayor Ranallo asked why they were not included. 6 Mr. O'Brien stated this was due to an oversight of the mechanical engineering 7 firm. He explained these lines supplement baseboard radiation in the classroom 8 and should be covered. 9 Motion by Wagner, second by Marks to approve Change Order No. 10, 10 Modifications to Hydronic Lines in an amount not to exceed $468.00. 11 Motion carried unanimously. 12 C. Change Order No. 11: Electrical Modifications for Council Chamber Equipment. 13 Ms. Hermann explained this change order included two items which were the • result of meeting with the Management Assistant and Consultant Pat Cook. One �J portion of the change order was to move the open area in the floor of the Council 16 Chamber to allow more room between the podium and the counsel. The other 17 portion was to add a receptacle to the lobby to allow the capability to provide a 18 monitor in that area at a later date. 19 Enrooth stated he agreed with the receptacle in the lobby but questioned the first 20 portion of the change order as the final arrangement of the Council Chamber had 21 not yet been determined. 22 Mornson asked if it was necessary to determine this modification immediately. 23 Ms. Hermann stated this had to be done now because it will affect how the floor is 24 poured. 25 Mayor Ranallo stated the City had not hired anyone to design the cable system for 26 the Council Chambers and questioned if this change would be premature. 27 Mr. O'Brien stated based on the walk through of the City Hall/Community Center 28 this evening and the possible changes to the Council Chambers, he felt this 29 change order was premature. • Housing and Redevelopment Authority Meeting Minutes August 13, 1996 Page 4 - • 1 There was Council consensus to discuss this issue at the next work session. Mr. 2 O'Brien acknowledged that there was time in the construction schedule to 3 postpone a decision on this item. 4 D. Scoreboard. 5 Mr. O'Brien stated he had reviewed the information regarding alternate 6 scoreboards received from City Manager. He noted the alternative 7 scoreboard would work but was of a lesser quality than the proposed 8 scoreboard. He also noted the major cost of the scoreboard was the 9 installation. 10 Ms. Hermann noted there was very little difference in price between the 11 two scoreboards. The lower priced scoreboard had only a two year 12 warranty compared to a five year warranty and was a mail order item, so 13 there would not be local service available. Ms. Hermann stated the total 14 cost of the proposed scoreboard and installation was $6,061.00. 15 Wagner noted the proposed scoreboard included a cage and the improved 16 display. He noted the parties funding the scoreboard were willing to pay 17 for the proposed scoreboard: 18 Motion by Enrooth, second by Faust to approve the proposed scoreboard 19 in an amount not to exceed$6,061.00. 20 Motion carried unanimously. 21 E. Graus's Price to Connect Exercise Room To Shower Area. 22 Mr. O'Brien noted there originally had not been much interest in this item 23 but a final price had been received form Gratis of$7,963.00. 24 Momson noted the shower area was intended to be for police use only and 25 - not open to the other public work employees. 26 There was Council consensus not to proceed with this item. 27 F. Discuss Asbestos Abatement Consultants' Proposals. 28 Mr. O'Brien explained two bids had been received to.write the 29 specifications for demolition of the hazardous material in the current City 30 Hall building. 31 Ms. Hermann reported IEA had provided a bid to write the specifications 32 for$800.00 and provide project management for$18,000.00 to • 33 $22,000.00. She explained project management included overseeing the Housing and Redevelopment Authority Meeting Minutes • August 13, 1996 Page 5 1 job to ensure the abatement contractor complies with current codes and 2 specifications. A second bid in the amount of$3,500.00, including 3 $2,000.00 to write the specifications and$1,500.00 for project 4 management, had been received from Legend Company. Ms. Hermann 5 noted Legend Co. had good references. 6 Mayor Ranallo questioned why they had obtained only two bids. 7 Mr. O'Brien stated a third bid had been received but that company did not 8 have the experience level or the firm history of the other two companies. 9 Faust expressed his concern with the two bids being so drastically 10 different. He asked if Mr. O'Brien was confident in the-reputation of 11 Legend Company. 12 Mr. O'Brien stated he was confident. He noted Legend Co. did bid on the 13 original survey work but the contract was awarded to IEA because they 14 supplied a lower bid. Motion by Marks, second by Enrooth to approve Legend Company in an amount not to exceed$3,500.00 to provide the specification writing and 17 project management for the asbestos removal in the current City Hall 18 building. 19 Motion carried unanimously. 20 Mornson noted there are funds included in the budget for the asbestos 21 abatement consultant and the $19,900.00 for Change Order No. 9. 22 Faust questioned what type of locks would be used in the City 23 Hall/Community Center. 24 Ms. Hermann stated they would use Corbin cylinder locks with a grand 25 master system. 26 VII. OTHER BUSINESS. 27 Mornson introduce an estimate from Bill Bruce A/V Design Production for the design of 28 audio and video upgrades for the City Hall/Community Center. He noted Mr. Bruce had 29 done the specification for all City offices in Sherburne and Wright Counties. There was Council consensus that the City needed to hire someone to design the video and audio system and that the issue needed to be addressed quickly. Housing and Redevelopment Authority Meeting Minutes August 13, 1996 Page 6 • 1 Motion by Marks, second by Enrooth to authorize City Manager to contract a video & 2 audio system design consultant for purposes of designing the new City Hall/Community 3 'Center in an amount not to exceed $2,000.00. 4 Wagner and Faust stated they would prefer to allow City Manager more flexibility and 5 not limit the amount of funding available to him. 6 Marks and Enrooth stated the amount could be increased if it was determined to be 7 necessary. 8 Motion carried unanimously. 9 Mornson reported seven bids had been received for furniture for the City 10 Hall/Community Center. 11 Morrison noted the site plan for Apache Plaza had been included in the Councilmembers 12 packet. He explained that Apache Plaza Block 1 was currently included in the TIF 13 District. A decision if it will be removed will be made by the end of 1996. 14 VIII. ADJOURNMENT. • 15 Motion by Marks, second by Enrooth to adjourn the meeting at 8:27 P.M. 16 Motion carried unanimously. 17 Respectfully submitted, 18 Lorri Kopischke 19 TimeSaver Off Site Secretarial • AMERICAN PH 812.859-9001 INVOICE 1 ENGINEERING FAX 812.859.1379 2102 UNIVERSITY AVE..W. REFERENCEI CITY HALL/COMM. TESTING,INC. ST.PAUL.MN 55114 v INVOICE N0: 63307 SALESPERSON DATE OF INVOICE H. McCARTHY 90 07/31/96 TO: SHIP TO ST. ANTHONY VILLAGE ATTNi HR. MICHAEL MORNSON 3301 SILVER LAKE RD 789-8881 ST. ANTHONY, MN 55418-1699 ACCOUNTNO. DATE SHIPPED 9HIPPEDVIA,._ .. .. O P.P. F.O.R.POINT TERMS YOURORDERNUMSER 434175 07/12/96 ON.;.RECEIPT QUANTITY DESCRIPTION UNIT PRICE AMOUNT _ PROJECT: CITY HALL/COMMUNITY CENTER SILVER LAKE ROAD & 34TH AVENUE NE ST. ANTHONY, MINNESOTA ---------------------------------------- PROJECT TESTING SERVICES FROM 6/16/96 TO 7/15/96 ---------------------------------------- 1.2 HOURS PRINCIPAL GEOTECHNICAL 95.000 114.00 ENGINEER 2.84 HOURS GEOTECHNICAL ENGINEER 70.000 196.00 20.01 MILES ENGINEER'S PERSONAL VEHICLE 0.350 7.00 MILEAGE 7.0 TRIPS TECHNICIAN TRIP CHARGES 25.000 175.00 CONTINUED. . . . . . . Zl?a11k You TOTAL AMERICAN PH 812-859-9001 INVOICE 1 lAl ENGINEERING 2102 UNIVERSITY 379 2102 UNIVERSITY AVE..W. TESTING,INC. ST.PAUL.MN 55114 NW&M& NO{ 63307 rOFINVOICE TO: WUPTMCCARTITY ST. ANTHONY VILLAGE CONTINUATION OF INVOICE # 63307 ACCOUNTNO. DATE SHIPPED BHIPPEDVIA O P.P. F.O.S.POINT TERMS YOURORDERNUMRER QUANTITY DESCRIPTION UNIT PRICE AMOUNT _ 9.0 TESTS SOIL COMPACTION TESTS 18.000 162.00 8.1 HOURS ENGINEERING TECHNICIAN 36.000 291.60 18.0 EACH CONCRETE CYLINDERS - TESTED 12.000 216.00 4.0 EACH CONCRETE CYLINDERS - UNTESTED 9.000 36.00 5.0 TRIPS CONCRETE CYLINDER PICK-UPS 20.000 100.00 3.0 TESTS MASONRY BLOCK PRISM TESTS 60.000 180.00 3.0 HOURS NDT TECHNICIAN 45.000 135.00 40.0 MILES NDT TECHNICIAN - PERSONAL 0.350 14.00 VEHICLE MILEAGE PLEASE REFER TO INVOICE NUMBER 63307 WHEN REMITTING. A FINANCE CHARGE OF 1.5% PER MONTH ASSESSED AFTER 30 DAYS. . �i'laa/ Vou TOTAL 1,626.60 K J P'LICATION AND CERTIFICATE FOR PAYMENT AIA Document TO (OWNER): City Of St. Anthony PROJECT: Sr. ANTHONY COMMUNITY CM- ,R APPLICATION NO: 7 DISTRIBUTION TO: 3301 Silver Lake Rd. OWNER . St. Anthony, MN 55418 PERIOD TO: 07/31/96 ARCHITECT _CONTRACTOR FROM (CONT): GRAUS CONSTRUCTION VIA (ARCHITECT): Williams/O'Brien Assoc. ARCHITECT'S P.O. BOX 34 PROJECT NO: _ HASTINGS, MN 55033 CONTRACT FOR: General Construction CONTRACT DATE: 10/24/95 Application is made for Payment, as shown below, in connection CONTRACTOR'S APPLICATION FOR PAYMENT with the contract. Continuation Sheet is attached. I I ICIMNGE ORDER SUMMARY 1 1. ORIGINAL CONTRACT SUM ........................ E 3151900.00 i- ------- ---------------1 2. Net Change by Change Orders 88103.00 (Change Orders approved in I ADDITIONS I DEDUCTIONS 1 3. CONTRACT SUM TO DATE ..........................t 3240003.00 (previous months by owner I 1 1 4. TOTAL COMPLETED IL STORED TO DATE ............. i 1049984.00 I TOTAL 1 4862.00 1 1 (Column 6 ) I--- ----------- -----------------I 5' RETAINAGE: (Approved this Month 1 I 1 a. 5.00 % of Completed Work i 521439.20 I---- -----1 I I (Column D+E ) (Number (Date Approved I I I b. 5.00 % of Stored Material 1 .00 I Jeff SEE ATTACHED CHANGE ORDER REPORT fefte 1 (Column F) I I I I 1 Total Retainage (Line Sa+Sb) or — ---=----------------------------------I (Total in Column I) .. 1 52499.20 I TOTALS 1 83241.00 1 1 6. TOTAL EARNED LESS RETAINAGE .................. f 997434.30 I - —I (Line 4 less Line 5 Total) (Net Change by Change Orders 1 88103.00 1 7. LESS PREVIOUS CERTIFICATES FOR I__— I PAYMENT (Line 6 from prior Certificate) .. 1 786584.80 The undersigned Contractor certifies that to the best of the Con- 8. CURRENT PAYMENT DUE .......................... f 210900.00 tractor's knowledge, information, and belief the Work covered by 9. BALANCE TO FINISH, PLUS RETAINAGE .............3 2242518.20 this Application for Payment has been completed in accordance with (Line 3 less Line 6) the Contract Documents, that all amounts have been paid by the Con- tractor for Work for which previous Certificates for Payment were CARLA P REICHENBERG issued and payments received from the Owner, and that current pay- NOTARY PUBLIC-MINNESOTA t Bent shown herein is now due. DAKOTA COUNTY - My Comm. Expires Jan.31,2000 CONTRACTOR:GRAU5 CONSTRUCT State of: /►'�V1eSv Coun y of:-��-- k ! t 6 5ubscri�2nd 5w n for Be t is5 ay of d(�,19 q Notary By: Date: 9� »y Commission expires: ----- ------- ---------------- --- -- ---- -- ----- AMOUNT CERTIFIED ............................... f 461C100.00 A R C H I T E C T'S C E R T I F I C A T E F O R P A Y M E N T (Attach explanation if amount certified differs from the amount applied for.) In accordance with the Contract_.Documents, based on on-site observa- ARCHITECMilliays/alarie ssoc. ations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's know- By: Date: b le, information, and belief the Work has progressed as indicated, ertificalre is not negotiable. The AMOUNT C=RTIFICI) is ...: quality of the Work is in accordance with the Contract Documents, yable only to the Contractor named herein. Issuance, pay- and the Contractor is entitled to payment of the AMOUNT CERTIFIED. ■ent and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this contract. " `e : 07/29/96 - Mon 6kAU.4 CUNSITRUCTION 14:07:55 AIA CONTINUATION SHEET Page : 2 Application No. : 7 Application Date : 07/29/96 Period To : 7/31/96 Job : 950043 ST. WNW CUMMUNITY CENTER Architect Project No. : Item I Description I Scheduled I Previous I Current I Stored I Tot.Compl. I % I Balance I No. I of Work I Value I Compltd I Compltd I Material I d Stored I Comp I To Finish 1 Retainage 001810 Mobilization 15800.00 15800.00 .00 .00 15800.00 100.00 .00 790.00 001740 Bonds d Insurance 29400.00 25400.00 .00 .00 29400.00 100.00 .00 1470.00 002220 Earthwork 98900.00 45900.00 '500.00 .00 69400.00 70.11 :?9500.00 3410.00 002510 Asphalt Concrete Paving 59700.00 .00 .00 .00 .00 .00 55700.00 .00 002514 Curb d Gutter 21200.00 .00 .00 .f .00 .00 ?1•0.00.06 .00 002921 Landscape Grading & Sod 10`,,00.00 .00 .00 .00 .00 .08 IM.0@ .80 002950 Trees, Plants b Ground Cover 21000.00 .00 .00 .00 .00 .00 21000.00 .00 00K10 Concrete Reinforcement 27600.00 19800.00 3080.00 2300.00 25100.00 SO.94 M.08 IP%.00 603300 Concrete 168 *%00 63256.00 45000.06 .00 108258.00 64.34 60000.00 5412.50 003400 Structural P.C. Concrete 7100.00 .00 7100.00 .00 7100.00 100.00 .80 K5.00 004200 Unit Masonry 6162kV.00 311100.00 34200.08 5200.00 400500.00 65.00 215700.00 00 005120 Structural Metal 191300.00 .08 21000.08 141300.00 162300.00 84.84 aw.00 8115.00 006100 Rough Carpentry , 15000.00 .00 .00 .00 .00 .00 15008.0@ .08 006200 Finish Carpentry 78900.00 .00 .08 .00 .00 .00 78900.00 .00 006410 Custom Casework (Allowance) 5000.00 .00 .00 .00 .06 .00 3000.00 .00 007213 Batt 8 Blanket Insulation 750.00 .00 .00 .08 .08 .00 750.00 .00 .007240 Fireproofing 49100.00 .00_ .00 .00 .00 .00 49100.00 .00 55 Firestopping 11200.00 .00 .N .00 .00 .00 11200.00 .00 w532 Flastomeric Sheet Rfing. 185100.00 .00 .00 .00 .00 .00 1351U.00 .00 007900 Joint Sealers 9800.00 .00 .00 .00 .00 .00 9800.00 .00 008111 Hollow Metal 38000.00 14400.00 2000.00 14300.00 30700.00 80.79 7300.00 1535.00 008210 Wood Doors 18600.00 .00 .08 .00 .00 .00 18600.00 .00 008305 Access Doors 1800.00 .00 .00 .00 .00 .00 1800.00 .00 008331 Counter Shutters 8408.00 .00 .00 .00 .00 .00 8400.00 .00 008332 O.H. Coiling Doors (In 08331) .00 .00 .00 .00 .00 .00 .00 .00 008360 Sectional U.H. Doors 7500.00 .00 .00 .00 .00 .00 7500.00 .00 008530 Clad Wood Windows 32400.00 .00 .00 .00 .80 .06 32400.0@ .00 008718 Finish Hardware 83400.00 .00 .00 .00 .00 .00 83400.00 .00 008800 Glazing 13100.00 .00 .00 .00 .00 .00 13100.00 .00 008952 Translucent Panel System 11480.00 .00 .00 .00 .00 .00 11408.00 .00 009100 Metal Turning d Lath(In 07240) .00 .00 .08 .00 .00 .00 .06 .00 0090 Portland Cemt. Plstr(In 87240) .00 .00 .00 .00 .00 .00 .08 .00 809250 Gyp Board (In 07240) .00 .00 .00 .00 .00 .00 .00 .00 009311 Ceramic Tile (Quarry) 28200.00 .00 .00 .00 .00 .00 28208.00 .00 009510 A C T 36180.00 .00 .00 .06 .00 .00 36100.00 .00 609561 Hardwood Flooring 36800.00 .00 .00 .00 .00 .00 36800.00 .00 009650 Resilient Flooring 30100.00 .00 .06 .00 .00 .00 30100.00 .00 009680 Carpet (In 69650) .00 .00 .00 .00 .00 .00 .00 .00 009900 Paint 39000.00 .00 .00 .00 .00 .00 39800.00 .00 .010100 Chalkboards b Tackboards 12600.00 .00 .00 .00 .00 .00 12600.00 .00 010160 Toilet Compartments 3300.00 .00 .00 .00 .00 .00 3300.00 .00 010210 Louvers 600.00 .00 400.08 .00 400.00 66.67 280.00 20.9 010350 Flagpoles 1400.00 .00 .00 .00 .00 .00 1400.00 .00 AM I.D. Devices 13000.00 .00 .00 .00 .00 .00 13000.00 .00 o.4401 I.D. Device (Allowance) 5300.00 .00 .00 .00 .00 .00 5306.00 .00 010500 Lockers 14980.00 .00 .00 .00 .00 .00 14500.00 .00 010520 Fire Protection 1508.00 .06 .00 1200.00 1200.00 30.00 300.00 60.00 07/29/96 - Mon U16TRUCTION 14:08:29 AIR CONTINUATION SHEET Page : 3 Application No. : 7 Application Date : 07/29/96 Period To : 7/31/96 Job : 950043 5T. ANTHONY COMMUNITY CENTER Architect Project No. : Iten I Description I Scheduled I Previous I Current 1 Stored I Tot.Coopl. I % I Balance 1 No. I of Work I Value I Coopltd I Coopltd I Material I b Stored 1 Coop I To Finish I Retainage 010652 Folding Panel Partitions 35500.00 .00 .00 .00 .00 .00 35500.00 .00 810M Tiolet 8 Oath Accessories 11200.00 .00 .00 .00 .00 .00 11200.00 .00 011400 Appliances 9000.00 .00 .00 .00 .00 .00 9000.00 .00 011500 Athletic Equipeent 16100.00 .08 .00 .00 .00 .00 16100.00 .00 012512 Blinds 3000.00 .00 .00 .00 .00 .00 3008.00 .00 015000 Hvac Plunbing 556200.00 58073.00 17200.00 .00 75273.00 13.53 480921.00 3763.65 015190 Utilities 23600.00 21200.00 .00 .00 21200.00 89.83 2400.00 106100 015380 Fire Protection 46100.00 2100.00 .00 .00 2100.00 4.56 44000.00 105.00 016008 Electrical 392000.00 7800.00 19600..00 .00 98100.00 ?5.03 293900.00 4905.00 018001 CHANGE ORDER #I 991.00 .00 .00 .00 .00 .00 991.06 .00 018002 CHANGE ORDER #2 710.00 .00 .00 .00 .00 .00 710.00 .00 018003 CHANGE ORDER #3 3161.00 3161.00 .00 .00 3161.00 100.00 .00 158.05 018004 CHANGE ORDER #4 1028.00 .00 .00 .00 .00 .00 1028.00 .00 018005-CHANGE ORDER #5 18184.00 .00 .00 .00 .00 .00 IP184.00 .00 018007 CHANGE OROCR #1 59016.00 .00 .00 .00 .00 .00 59026.00 .00 018008 CHANGE ORDER #8 5003.00 .00 .00 .00 .00 .00 500'3.00 .00 3240003.00 66"3694.00 2a 164300.00 1049984.00 :12.41 2190019.00 5.499.20 Percent: 20.48 6.85 5.07 32.41 67.59 fffi}ffFff 3iiF�#f FiiHEHiffF#Eff ff{EfEEtEfEEffEffH#HifEtE fHiMiiigo f fFE ffffffffEfiEfEfff}fffffffEiEfffEfff�EEfFEfE