HomeMy WebLinkAboutCC PACKET 09241996 Meeting Sheet
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Box: 22
Folder: CC PACKETS 1994-1998
Document: CC PACKET 09241996
L H.R.A. IMMEDIATELY FOLLOWING -�
REGULAR COUNCIL MEETING. J
CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING AGENDA
September 24, 1996
7:00 P.M.
City Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF SEPTEMBER 24., 1996 CITY COUNCIL REGULAR MEETING
AGENDA.
IV. APPROVAL OF SEPTEMBER 10, 1996 CITY COUNCIL REGULAR_ MEETING
MINUTES.
V. LICENSES/PERMITS/PETITIONS - None.
VI. . . PRESENTATION OF CLAIMS.
A. Rieke Carroll Muller Associates - $11 ,714.60.
B. Verified.
VII. REPORTS.
A. Planning Commission - September 17, 1996.
1 . Realty Development Advisors, for Apache Plaza, conditional use
permit and sign variance requests.
2. Ste. Marie Company, for Apache Plaza, rear yard setback
variance and sign variance requests.
3. Comprehensive Plan Consultant Update.
B. Councilmembers.
C. Mayor. -
D. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Consider Bids Relating Audio/Video Eqiupment for New City
Hall/Community Center. (Bill Bruce will be present.)
B. Resolution 96-046, re: Community Services lease at New City
Hall/Community Center.
C. Resolution 96-052 and 96-053,'re: Transfer of Ownership of Meredith
• Cable Company to Continental and then to U.S. West.
D. Res. 96=054, re: SAV 11 Lease With Ste. Marie Company.
Council Meeting Agenda
September 24, 1996
X. UNFINISHED BUSINESS - None.
XI. ADJOURNMENT.
•
I. CITY OF ST. ANTHONY
• CITY COUNCIL REGULAR MEETING MINUTES
3 SEPTEMBER 10, 1996
4 I. . CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 8:05 P.M. following the closure of the polls for the Primary
6 Election. The Pledge of Allegiance was suspended as the Council flag was in the polling area.
7 11. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Wagner and Faust.
9 Also Present: City Manager Michael Mornson.
10 Councilmembers Absent: Enrooth.
11 III. APPROVAL OF SEPTEMBER 10, 1996 COUNCIL AGENDA.
12 Motion by Wagner, second by Marks to approve the September 10, 1996 Council Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF AUGUST 27, 1996 COUNCIL MINUTES.
16 Motion by Marks, second by Wagner to approve the August 27, 1996 Council minutes as
• presented.
18 Motion carried unanimously.
19 V. LICENSES/PERMITS/PETITIONS.
20 Motion by Marks, second by Faust to approve the following licenses:
21 Heating License:
22 Brooklyn Air Heating& Air Conditioning, Mpls., MN/working at 3608 Belden Drive
23 Kath Heating & A/C, Little Canada, MN/working at 2908 Townview Avenue
24 Contractors License:
25 The Quimby Company, Mpls., MN/re-roof at 2816 Anthony Lane-South
26 Crosstown Sign, Blaine, MN/sign at Apache Medical Building
27 Scenic Sign Corporation, Sauk Rapids,MN/no permit pulled
28 Motion carried unanimously.
29
30 Motion by Wagner, second by Faust to approve the following permits:
31 Temporary 3.2 Beer Park Permit:
32 Central Park/Unisys/September 12, 1996
33 Central Park/Philly Picnic/September 19, 1996
34
Voting on the Motion:
Aye: Faust, Wagner, and Ranallo
37 Nay: Marks
38 Motion carried.
City Council Regular Meeting Minutes
September 10, 1996 •
Page 2 -
1 VI. PRESENTATION OF CLAIMS.
2 Motion by Marks, second by Wagner to approve the following claims:
3 A. Foster Oiile Wentzell &Brever in the amount of$2,600.00 for professional services
4 rendered,for the month of September, 1996.
5 B. Dorsey & Whitney in the amount of$1,994.02 for legal services rendered through July
6 31, 1996.
7 C. Bill Bruce A/V Design&Production in the amount of$925.00 for Equipment Design for
g the City Hall/Community Center.
9 D. 3 pages of Verified Claims as presented by the Finance Director.
10 City Manager Morrison explained the amount of$925.00 to Bill Bruce A/V Design& Production
11 was the second of two payments for this amount.
Motion carried unanimously.
.12
13 VII. REPORTS.
14 A. Councilmembers.
1.5 Councilmember Wagner noted that the Director of the Library will be speaking on
16 September 19, 1996. He encouraged Councilmembers to attend to commend Jeff for the
17 good work he has done at the St. Anthony Library and also to meet the new Librarian. •
1 g There was Council consensus to direct Staff to draft a letter to Jeff to express the
19 Council's appreciation for the services he had given to the St. Anthony Library.
20 Councilmember Faust reported his attendance at a meeting of a Property Tax Reform
21 Task Force where a position on property tax reform was prepared for the League of
22 Minnesota Cities. This position will be presented to the Improving Fiscal Futures Policy
23 Committee next Thursday. This hopefully will be the position the League of Minnesota
24 Cities will present at the Legislative session next year.
25 Councilmember Marks reported the St. Anthony Orchestra was playing tonight at a
26 National Conference for an Automobile Service Organization.
27
28 B. Mayor.
29 1. Proclamation Reco�nizina the 75th Anniversary of the Salvation Ar my's Silver
30 Lake Came.
31 Motion by Marks, second by Wagner to approve a Proclamation recognizing the
32 75th Anniversary of the Salvation Army's's Silver Lake Camp.
Motion carried unanimously.
33 •
34 Mayor Ranallo presented Shawn McAlpine of the Salvation Army with a
35 Proclamation recognizing the year of 1996 as the 75th Anniversary of the
36 Salvation Army Silver Lake Camp's commitment and dedication to children and
City Council Regular Meeting Minutes
September 10, 1996
• Page 3
1 to families.
2 Shawn McAlpine, Director of the Salvation Army thanked the Council for their.
3 kind words of appreciation. He outlined the agenda for the 75th Diamond
4 Anniversary Celebration which is scheduled for September 15, 1996. A pancake
5 brunch will be served at 11:00 A.M. by the St. Anthony Kiwanis. In the afternoon
6 there will be dedication of a picnic shelter which was donated by the Downtown
7 Minneapolis Kiwanis and a Women's Auxiliary Craft Building which was
8 donated by Vance C. Demong. Other activities will include a children's band, fire
9 engine and police car display, clowns, face painting,pontoon rides and other
10 miscellaneous events.
11 2. Proclamation Declaring Kiwanis Peanut Day.
12 Mr. Jerry Brede and Mr. Ted Holsten were in attendance to request that St.
13 Anthony proclaim Friday, September 27, 1996 as St. Anthony Kiwanis Peanut
14 Day.
15 Motion by Marks, second by Wagner to approve a Proclamation designating
16 Friday, September 27, 1996 as St. Anthony Kiwanis Peanut Day.
Motion carried unanimously.
18 The Council expressed appreciation to the Kiwanis for all they do for the entire
19 community.
20 C. City Manager.
21 City Manager Mornson reported the SAV II Liquor Store lease will be on the agenda for
22 approval at the September 24, 1996 Council meeting. He noted a termination notice will
23 not be included in the lease but the opportunity to sell the lease will be included. The
24 Apache Wells lease is terminated effective August 1, 1996 contingent to the signing of
25 the new lease. This date is only guaranteed if the new lease is signed by January 1, 1997.
26 If the building is not ready for occupancy by January 1, 1997, the new lease is still
27 required to be signed. Mornson noted this will provide a better financial situation for the
28 City of St. Anthony as they will be paying $6.25 on 8,500 square feet rather than$6.00
29 on 10,000 square feet of building space.
30 Mayor Ranallo questioned what would occur if the new building was not completed by
31 January 1, 1997.
32 Mornson stated there was currently no clause in the lease to address this issue but he
iswould attempt to negotiate a drop-dead date into the lease.
34 Mornson reported the variance request for the SAV II Liquor Store would be reviewed at
35 the Planning Commission meeting on September 17, 1996. Westwood Engineering and
City Council Regular Meeting Minutes
September 10, 1996 •
Page 4
1 Rice Creek Watershed District are currently meeting to resolve the drainage issues. The
2 variance request for the pad site at Apache Plaza will also be reviewed. The proposal for
3 - this site includes a video store and an Einstein Bagel Shop.
4 Mornson-reported he and Larry Hamer would be meeting with the Rice Creek Watershed
5 District on September 20, 1996 to discuss the Water Management Plan. He will also be
6 meeting with Jerry Gilligan and Bob Thistle to finalize the CUB Foods Store tax
7 increment financing.
8 Mornson reported he will be attending the Planning Commission Work Session on
9 September 11, 1996. Three of the four consultants for the Comprehensive Plan will be
10 reviewed. The variance requests scheduled for September 17, 1996 and the TIF
11 Amendment will also be reviewed.
12 Mornson questioned the Council's position on the temporary identification signage for
13 Herbergers and Silver Lake Dental Clinic. There was Council consensus for City
14 Manager to meet with the managers and put the businesses on notice that they are in
15 violation of the City Sign Code. The City Manager can then use his discretion in the
16 matter. •
17 Mornson reported his attendance at a Property Tax Task Force meeting of the AMM
18 whe;e Representative Rest' proposal was reviewed. Mornson stated that it does appear
19 the proposal is gaining momentum.
20 Mornson reported his attendance at a Progress meeting with the contractor of the City
21 Hall/Community Center building. Change Orders which will be addressed at the October
22 8, 1996 City Council meeting include moving the Council Chambers, the electrical
23 receptacles in the hallway and in the Council Chambers, elimination of the turn-around,
24 removal of the curb in the proposed future parking area,the elimination of two car plug-
25 ins in the area where four parking stalls have been removed to accommodate the roadway,
26 and trenching of electricity to the pad where a ground sign may be located.
27 Mornson reported the bids for audio and video in the City Hall/Community Center are
28 due on September 24, 1996. Mr. Bruce will review these with City Manager and will be
29 present at City the Ci Council meeting that evening to discuss the bids. The furniture bids
30 may also be discussed at the September 24, 1996 meeting. Mornson stated the legends
31 for the asbestos proposal are moving forward and the demolition bids will be started.
32
33 Mornson reported School Board Members have suggested salvage of bricks from the
34 existing City Hall building. There was Council consensus for City Manager to discuss
35 the issue with Warren Rolek at their meeting on Thursday to discuss the lease, to express •
36 the City's expectations and determine the School Board's expectations.
City Council Regular Meeting Minutes
September 10, 1996
• Page 5
1 Mayor Ranallo stated the Chamber of Commerce has expressed an interest in handling
2 the dedication of the new City Hall/Community Center building. They would hire
3 someone to coordinate the event with Kathy Knapp and City Manager. The event would
4 be similar to the recent ground breaking ceremony for CUB Foods Store.
5 There was Council consensus to ask the Chamber of Commerce to handle the dedication
6 ceremony and that it be scheduled sometime after the building is open.
7 Mornson reported he and Roger Larson will be meeting with Tom Brever and Mike
8 Peterson of the Sports Boosters on Thursday morning to discuss the handling of
9 reservations of space for the gymnasium. The City has recently taken over this task and it
10 has become quite a burden.
11 Mornson reported he and Larry Hamer will be meeting with RCM Engineering tomorrow
12 to discuss the 1997 street improvement projects. Neighborhood meetings will be held in
13 October.
14 Mornson reported Police Officer Michael Reuss has resigned. He has accepted a position
15 with the Eagen Police Department.
Momson'noted a document which was received from Tom Creighton for transfer of cable
17 services from Meredith to Continental and U.S. West. This item will be included on the
18 September 24, 1996 agenda as action is required by September 30, 1996.
19 Momson reported there is a potential change in the Roger Bona proposal that will not
20 affect the variances granted for this proposal. Mayor Ranallo noted he had received a call
21 from a St. Anthony resident regarding a construction shack on the site. Upon inspection
22 of the shack, Mayor Ranallo determined it is being used to store items being removed
23 from the meat market.
24 VIII. PUBLIC HEARING -None.
25 IX. NEW BUSINESS.
26 A. Resolution 96-047 re: Livable Communities Act.
27 Motion by Marks, second by Faust to approve Resolution 96-047,regarding a resolution
28 electing to continue participating in the Local Housing Incentives Account Program
29 under the Metropolitan Livable Communities Act for the calendar year of 1997.
30 Motion carried unanimously.
0 B. Resolution 96-048 re: Designate Silver Lane as a Municipal State Aid Street.
Motion by Marks, second by Wagner to approve Resolution 96-048,regarding
33 establishing a Municipal State Aid Street of Silver Lane, between Silver Lake Road and
34 Stinson Boulevard(MSAS 108).
City Council Regular Meeting Minutes
September 10, 1996 •
Page 6
1. Motion carried unanimously.
2 C. --Resolution 96-049,re: Terminate Operating_Agreement with Ernie Swanson.
3 Motion by Marks, second by Faust to approve Resolution 96-049, regarding approving
4 termination of the Operating Agreement with Ernie Swanson, Sr., dba Ernies' Catering
5 Service,to operate the food service at the City-owned Stone House Grill, 2700 Highway
6 88.
7 Motion carried unanimously.
8 D. Resolution 96-050,re: Hennepin Co=Road Maintenance Agreement for 1997.
9 Motion by Marks, second by Wagner to approve Resolution 96-050 regarding authorizing
10 the Mayor and City Manager to execute the agreement between Hennepin County and the
11 City of St. Anthony for road maintenance services.
12 Motion carried unanimously.
13 E. ...Resolution 96-05 1 re: Proposed 1997 Tax Lew and Budget.
14 Mornson noted that the budget had increased by 3%but the levy has remained the same
15 as the 1996 levy. The budget will be offset with reserves created from the 1995 budget. •
16 Moon by Marks, second by Wagner to approve Resolution 96-051, regarding setting the
17 City`of St. Anthony proposed 1997 Tax Levy and Budget in compliance with the Truth in
18 Taxation Act.
19 Motion carried unanimously.
20 F. Resolution 96-052, re: Changing December's Regular Council Meeting Dates.
21 Motion by Wagner, second by Marks to approve Resolution 96-052, regarding changing
22 December 1996 Regular Council meeting dates from December 10, 1996 to December 4,
23 1996 and December 24, 1996 to December 18, 1996.
24 Motion carried unanimous-1-y-.,
25
26 IX. UNFINISHED BUSINESS-None.
27 XI. ADJOURNMENT.
28 Motion by Marks, second by Wagner to adjourn the meeting at 9:20 P.M.
29 Motion carried unanimously.
30 Respectfiffly submitted, •
31 Lorri Kopischke
CDMRieke Carroll Muller Associates, Inc. INVOICE /
Engineers • Architects • Land Surveyors STATEMENT Box 51 P.O.NETONKA,MN 55343 GAYLORD,MN 55334 El ST..C CLOUD.MN 56301 GRAND RAPIDS,MN•55744 FARIBAULT, MN 55021
TE 1
SEPTEMBER 9,- 1996
INVOICE NO. • 32320
PROJECT NO. 10366.02
CITY OF ST. - ANTHONY
3301 SILVER LAKE -ROAD
ST. ANTHONY, MN. 55418
ATTN: . LARRY HAMER
FOR: 1997 STREET/WATERMAIN IMPROVEMENTS
FINAL• DESIGN/BIDDING
PROFESSIONAL SERVICES FROM JULY 28, 1996 TO AUGUST 31 , 1996
---------------=-------------------------------------------
PROFESSIONAL PERSONNEL
HOURS RATE AMOUNT
SR CIVIL ENGR 25. 5 80.00 2,040. 00
SR CIVIL- TECH 7.0 60.00 420. 00
• CIVIL TECHNICIAN "`' �' 7q$`�'S'` " 50.00 3, 925. 00
DRAFTSPERSON 5���+;0 Y:� �`� 45. 00 2,295. 00
2-MAN. SURV CREWY`;F �3�b.3� �5 . 80.00 2,880. 00
SECRETARY/REPRO 0. 3 40.00 12. 00
TOTALS 198. 3 11 ,572. 00
TOTAL LABOR 11,572.00
REIMBURSABLE EXPENSES
HIRED TRAVEL 142. 60
TOTAL ,REIMBURSABLES 142. 60 142. 60
TOTAL THIS ;INVOICE S 11 ,71.4. 60
I declare uride the,penalties of.law that'thI account, claim oKdemand r
is just and co' and o p rt:of,f 'h been pafd
.SIG ATURE OF CLAIM -
September 11, 1996
Mr.Larry Hamer
Public Works Director
City of St.Anthony
3301 Silver Lake Road
St.Anthony,MN 55418
RE: Invoice for Professional Services
July 28, 1996 to August 31, 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 Watermam
Improvements project during the month of August:
IC III Senior Civil Engineer .
Robert Moberg 25.5 hours Plan preparation and project coordination
rieke Senior Civil Technician
Carroll Dick Potz 4.0 hours Design calculations
muller Charlie Wallin 3.0 hours
associates, inc. •
mes
architects Technician
arciitectcts
land surveyors Tom Tabler 78.5 hours Plan preparation,design calculations
equal opportunity Draftsperson
employer Dave Johnson 51.0 hours Drafting of plans
2-Man Survey Crew
Charlie Wallin 36.0 hours Topographic survey
Jim Rassett
Secretary
Karen Anderson 0.3 hours Record research
Please call me if you have any questions.
Sincerely,
° RIEKE CARROLL MULLER ASSOCIATES,INC.
Robert L.Moberg,P. .
Project Manager
RLM/ka
•10901 red circle drive Enclosure
box 130
minnetonka, minnesota 55343-0130
(612) 935-6901
fax (612) 935-8814
6RC_E-I.N.AN-ClAL.SY-S-TEM__--_ ST ANIH-ON_Y__VILLAG
' 09/18/96 13.32 Check Register ...GL540R-VO4.30 PAGE
9 .. - ..
a
OHE.CK# ALF -AMOUNT.-
5 FIRS FIRSTAR ST . ANTHONY CHECKING
6 '
007252 ALBRECHT ---- - 2862 09/25/`9&;-..;.l 15.97 ---
6 007338 AMERICAN EXPRESS -' 2863 ':09/25/-96 528.36
g OO1 0_-_AMER.1-CAN__LINEN X864 P 9.12 5.19 6
° 008237 ASPEN MILLS x -2865 09/25/96 ' '69.50
' 008104 AT & T CONS PROD DIV 2866 09/25/96 34.26
2 000.32.0----B-EISSW ERG ER_AP_P_LI ANC E 286-04/25-46
3 008134 BERKLEY INS. SERVICES 2868` ..09%25/96 377.00
007168 BOYER TRUCK PARTS - 2869 ..09/25/96 475.95
5 0-0-00.8_ B.US.IN.ESS_RECORDS_CORP_. 2570`.`e�9- -/. -� 2,647-00---.-
6 007164 CARLSON EQUIPMENT CO 2871 09/25/96 11 .66
' .00002 CERES ENVIRONMENTAL SVCS 2872 09/25/96 37.50
6 . 07.3.72- CI_T-Y O.F MOUNDS VIEW 2873 .09.125.196 3.8-85-._
9 007334 CONNELLY INDUST . ELECTRO ` 2874 09/25/96 20.24
° 007178 D-ROCK CENTER & SMALL EN .:. 287509/25/96 6.57
Q-O-7-L5 8--_DATA-&T.EL_COMM_INC M7.609/2-5 96 108-.-46___._.-.
000807 DIAMOND VOGEL PAINTS 2877 09/25/96 228.75
000810 DICKSON ELECTRIC 2878 09/25/96 209.00
7-371 DI.S000N_T_S_T_EELy-IN.0 287q Qq./95,L9e;. 1.065- _�-
5 005048 DPC INDUSTRIES INC 2880: 09/25/96 551 . 48
6 001030 G & K SERVICES .2881 :09/25/<96: 165.23
' QOIJ-4-5 LENWOOD-I-NGLEWOOD. 2 8Z
0q.11? I 96 32 .80-- -
6 001230 GOPHER STATE ONE CALL 2883 09/25/96 89.25
° 008088 HAWK ENTERPRISES INC 2884 09/25/96 37.25
° - 01420 HAW-KIN-S CHEM.I_CAL 2885 09/25/96 332-06_�_. _
' .008252 HOME DEPOT COMM. ACCT. P .2886 ,::09/25/96 7 .92
2 008239 HOSKA/JIM 2887 :09/25/96_ 31 .93
007-307 IN-TERSTATE ?R88 09 25,/_9l�' 1S_--52---- -
000742 KROEPLIN/CONNIE 2889 09/25/96 30.55
5 000715 LEEF BROS 2890 09/25/96 3.54
6 0020_4.0 LJ-LLI-E-_SUBURBAN-NEWSP_ARE 2891 09125/96 127-21--_ _
005195 LINEAR DYNAMICS INC 2892 09/25/.96 42.91
6 008197 MCI TELECOMMUNICATIONS 2893 09/25/96 . .. _ - 46.05
0-8162--MEREDI.TH_CABLE 28249 9 9C' 2,.66
002240 METRO COUNCIL ENVIRONMEN 2895 09/25/96 33,409.00
' .00001 METRO FIRE, INC. 2896 09/25/96 256.30
0 MIDWES_T-A.S.PH.ALT CORP 2897 09/25/96 6,652-50
' 005085 MINN STATE FIRE CHIEF 2898 ,09/25/96` 150,00
002380 MINNEGASCO INC 2894 `09/25/96 654.61
5 0.7._x56 MO.ORE--.SYKES./-KIM _29 0 09125/96 8_-_25__
6 002680 NORTHERN STATES POWER 2901 09/25/96 12, 143.72
' 000045 OFFICE DEPOT 2902 09/25/96 98.08
6 -OjaaO2 O-LSO.N,/DA-V-I D H . _ 290 3 09/25/96 _ 5-0--OQ___
° 007373 RAMSAY COUNTY 2904 :09/25/96 1 ,707 .86
A -005293 ROAD RUNNER
2905 .709/25/96 ... 11 .85
.O3-A64-_...-RO_GN.ES.S_E.QUIP_.MENT CD.M.PAN 29Q6 09 /96 4-3,_7-3--.-
12 • 005270 ROSEVILLE RADIO 2907 09/25/96 28.50
'3 003315 SERCO LABORATORIES 2908 09/25/96 447 .00
'° _ �4Q0_� SH-AKOPEE-FO_RD 2904 09/2.5/ 6 85.84__-
5
6 BRC EINAN.CI.AL_SY_S-T_EM --_ _ _ ST.ANTH.ONY_VILLAG
' 09/18/96 13:32 Check Register GL540R-VO4.30 PAGE
3 AUK VENDOR __ CkiECK#- --Q ATE AMOUNT__.-
5 FIRS FIRSTAR ST. ANTHONY CHECKING
6
. 002420 STAR TRIBUNE 2910 09/25/96 374.00
6 008202 TIMESAVER OFF SITE SECRE 2911 09/25/:96 251 .25
—007_04_4_ TW.IN_C.LT_Y.JANITOR_SU.P.P_LY _29.12-0_9/_25/_96 -
° 003630 TWIN CITY SAW & SERVICES 2913 09/25/96• ' '60.53
' 007341 U.S. TIRE & EXHAUST 2914 09/25/96 32. 36
z 27_0-0 US_WEyT—C0MMUNI-CAT_10R Q_15-09/2-,./.g 6 1x037 7-5
3 003710 - VAN 0 LITE INC ... 2916;. ::'.09/.25%96 70.55
a 003720 W W GENERATOR REBUILDERS - 2917 ..09/25/.96 272.29
5 D_0-06_ WI.DMER_.INC.. X3,649.-00--
6 003820 ZAHL EQUIPMENT COMPANY 2919 09/25/96 9.44
6 FTRST-AR—ST—AN-THON-Y—CH-ECKIRG . .....
3
sa
r
9 I
10
12 - ..
U ,
16
1
2
4
7
6
3 •
4
6
7
lomy VILLAGE
2/96 10:53 Check Register GL540R-VO4.30 PAGE 1
BANK, VENDOR emr -1# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004015 AMERICAN LINEN SUPPLY CO 10174 09/12/96 878.33
004293 BELLBOY CORP. 10175 09/12/96 189.64
BERKLEY RISK, a 0
004095 COCA COLA BOTTLING 10177 09/12/96 1 ,539.88
004120 EAGLE WINE CO 10178 09/12/96 30.08
55, i!5.50
004135. ELECT:RO WATCHMAN INC 10180 09/12/96 162.95
004141, FRITZ COMPANY, INC. 10181 09/12/96 2,407 .91
5
004175 GRIGGS COOPER & CO INC 10183 09/12/96 1 ,927 .32
004202 HENN CTY SUPPORT & COLL 10184 09/12/96 103.85
004205 HOME JUICE�5CO 10186 09/12/96 70.20
004208 I C M A RETIREMENT TRUS 10187 09/12/96..., :: 20.00
00422b JOHN9, 814 J.
004218 JOHNSON PAPER & SUPPLY C 10189 09/12/96 45. 18
.00002 KKE ARCHITECTS, INC. 10190 09/12/96 952.95
004250 KU-ETHER DISTRIBUTING y
004265 MARK VII SALES INC 10192 09/12/96 13,608.85
.004266 MARKET MECHANICAL 10193 09/12/96 389.37
IMP 2 INNEsAs 9 ,
.00003 MPLS. OXYGEN CO. 10195 09/12/96 9.90
004313 MUZAK 10196 09/12/96 31 .95
D
004355 PEPSI COLA COMPANY 10198 09/12/96 494.36
004360 PHILLIPS WINE & SPIR.ITS 10199 09/12/96 614.86
004376 PRIOR WINE CO tO2OO 09/t2-t96 cv. 0-
004380 PUBLIC EMPLOYEE RETIREME 10201 09/12/96 48.00
004385 QUALITY WINE CO 10202 09/12/96 551 .41
S _
004390 REX DISTRIBUTING CO ' 10204 09/12/96 1.2, I24.59
.00005 ROSACKER CO./HANS 10205 09/12/.96: 250:00
004285 STAR TRIBUNE 102.07 09/12/96 39.42
004450 STUART DISTRIBUTING CO 10208 09/12/96 43.25
004491 UNITED WAY J 10210 09/12/96 12.0:.0
004270 VAN-0-LITE 102.11 09/12/96 44.64 .
-
LIQUOR CHECKING ACCOUNT 112,2.37 .86 **
RR(` FTNANC:TAI SYSTEM ST. ANTHONY VILLAGE
11/96 09: 19 Check Register GL540R-VO4.30 PAGE 1
R9NK VFNpnp CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004102 COMER/MICHAEL 9973 08/31/96 125.00
004112 DORIS/BRUCE 9974 08/31/96 48.00
004411 FTRSTAP ST ANTHnNy RANK 10011 /x196 15,000.00
004229 LARSON/MICHAEL 10012 08/31/96 105. 11
004250 LUNDGREN/MATTHEW H . 10013 08/31/96 48.00
012.4215 MICIKIEE.IIF tRT 10014 08.131 .196, 150-00
004120 EAGLE WINE CO 10015 08/31/96 267. 14
004141 FRI.TZ COMPANY, INC 10016 08/31/96 , 1 ,513.35
004175 GRIGGS COOREP & rn INC' 10017 1; ORR- SF,
004220 JOHNSON BROS. LIQ. 10018 08/31/96 4,690. 10
004354 PAUSTIS & SONS 10019 08/31/96 180.95
Q04360 PHTI 1 IRS WTNF SPIRITS 10020 08,!31/96 1 ,246 6€3
004376 PRhOR_ WINE CO 19021 08/31/96 370.04
004385 QUALITY WINE CO 10022 08/31/96 2,951 . 15
004285 STAR TRIBUNE 1 nf59- Og,L31,L96 3,r nd
004495 WELSH COMPANIES, INC. 10024 08/31/96 6,040.99
004009 AETNA LIFE & CASUALTY 10025 08/31/96 503.41
004302 COMER/MICHAEL 10026 081131!96 125 00
004109 DENTICARE 10027 08/31/96 > 31 .62
004112 DORIS/BRUCE 10028 08/31/96 48.00
0044 1 n FTRSIAR ST ANTHONY BANK 10029 481131/96 3, 626 87
004411 FIRSTAR ST ANTHONY BANK 10030 08/31/96 15,000.00
004141 FRITZ COMPANY, INC. 10031 08/31/96 2,603.21
044175 rrR TGGS rrnnaFR & rn rN 10032 08,1311196- 3,687 04
004202 HENN CTY SUPPORT & COLL 10033 08/31/96 103.85
004208 I C M A RETIREMENT TRUS 10034 08/31/96 20.00
404220 JOHhISON EiRQS LIQ 10035 08/31 41 ?6 1 ,346_ 8!3
004234 LMCIT 10036 08/31/96 153.78
004250 LUNDGREN/MATTHEW H . 10037 08/31/96 48.00
044275 MTDKIFF/TERRI Ino3a 081131/96. 150 00
._ 004316. N.O.T. TRUCKING 10039 08/31/96 897.50
004318 NAT. FINANCIA INS. CO 10049 OSf31/9b: 9.50 .
L
004360 PHILLIPS WTUP & SPIRITS 10041 0811,33 /!36 684 QR
004376 PRIOR WINE CO 10042, 08/31/96 647.88
004380 PUBLIC EMPLOYEE RETIREME 10043 08/31/96 1 ,326.98
OQ�385 9UALTT`( WTNE_GO 10044 08.131 2, 150 31
004401 . ST.'A. LI000R #1 PC 10045 08/31/96 270.99
004491 UNITED WAY 10046' 08/31/96 `12.00
nn4n71 RATE EYjROBERT 1004908/31/46 .48 00
004102 COMER/MICHAEL 10100 08/31/96 125.00
004112 DORIS/BRUCE 10101 08/31/96 48.00
9,04411 FTRSIAR ST ANIHnNY RANK 10102 08/31{96 15,000 00
004275., MIDKIFF/TERRI 10103 08/3.1/96 150.00
004009 AETNA ''LIFE & CASUALTY 10104 08/31/96 493.22
004095 (,.n(-A x,'11 A ROTTI TNG 10105 08.1-31 .496 1 ,347 413
•004120 EAGLE WINE CO 10106 08/31/96 73.51
004138 ERNIE'S CATERING 10107 08/31/96 91 .80
004410 EIRSTAR ST ANTHONY RANK 1Q1nft OR/.AI f9 F, 3, �5R `-L
1
RRC FINANCIAL SYSTEM ST ANTHONY VIIIAGE
1/96 09. 19 Check Register GL540R-VO4.30 PAGE 2
RAblK VENDOR CtGECK# DATE AMnt iNT
LIAR LIQUOR CHECKING ACCOUNT
004141 FRITZ COMPANY;_ INC. 10109 08/31/96 1 ,640.58
.00001 GALLAGHER/BOB 10110 .08/31/96 225.00
00417--, rRTn(4S cnnPFR R, <( n TNr 101 1 1 OR 1 /9(-1 g, 391 .nC;
004220 JOHNSON BROS. LIQ. 10112 08/31/96 5,352.68
004233 LMCIT % BERKLEY RISK SE 10113 08/31/96 1 ,813.75
004774 OFFICE DEPOT 10114 0 8.13 1 /QF, 978 12
004360 PHILLIPS WINE .& SPIRITS. 10115 08/31/96 :70.57. .
004361 PINNACLE DIST: 10116 08/31/96 98.65 .
oo4x7e; PRTnR WTNF can 10117 Q$/A1 /w. 166 97
004380 PUBLIC EMPLOYEE RETIREME 10118 08/31/96 1 ,331 .02
004385 QUALITY WINE CO 1.0119 08/31/96 1 ,750.54
0044442 H WEST COMMUNICAITONS 10120_08/31.19 581 23
LIQUOR:..CHECKING 'ACCOUNT :. 114;904.02.... **
•
STAFF REPORT
DATE: September 18, 1996
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: SEPTEMBER 17TH PLANNING COMMISSION MEETING
The following summarizes the Planning Commission votes on issues at their
September 17th meeting.
► Conditional use permit for Video Sales on Lot 3 Block 1. Apache Plaza -
Planning Commissioners recommended approval.
► Sign variance request for Lot 3 Block-1. Apache Plaza - Planning
Commissioners recommended approval.
► Rear ,yard variance request for Tires Plus for the liquor store - Planning
Commissioners recommended approval.
► Sign variance request for Tires Plus for the liquor store - Planning
Commissioners recommended approval.
► Comprehensive Plan Consultant - Planning Commissioners
recommended BRW as the consultant with the cost estimated at $39,385..
The Commissioners discussed holding a joint work session with the
Council, consultant and themselves to start the process. A committee
consisting of the Planning Commission, City Council, staff, and at-large
residents would work with the consultant to develop the Comprehensive
Plan. This would start after the joint work session. The tentative date
for the work session is Tuesday, October 29th.
t STAFF REPORT
DATE: September 17, 1996
TO: Planning Commission Members
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Conditional Use Permit -- Video Sales and Rental Store;
Sign Variance Request -- Video Sales and Rental Store and
Bagel Shop; Lot 3, Block 4, Apache Plaza (96-14).
BACKGROUND:
Conditional Use Permit. Lee Stedman of Realty Development Advisors, LLC, has applied
for a conditional use permit for a proposed video rental store that is one of two proposed
stores to be built as part'of the Apache Plaza redevelopment plan for Lot 3. The second
store, a bagel shop, is an allowed use in the commercial zoning district.
The proposed video rental store is a use that is allowed in a commercial zoning district
such as Apache Plaza (Chap. 16, Section 1635.03, (i)). The use will not be detrimental to
• health, safety, or general welfare of the people living or working in the vicinity. As stated
by their conditional use application, the proposed store will not contain X-rated video
tapes. The Apache Plaza location is desirable for the proposed use because it a convenient
location for the community. This proposed use.will not be detrimental to property values,
but instead, it is expected to increase the redevelopment value of the surrounding
commercial properties and the area as a whole.
Sign Variance Request. Lee Stedman has also requested a sign variance for the building
that is housing the video and bagel stores. As the site plan shows, the proposed building is
situated such that it has business frontage on the east and south sides. Mr. Stedman is
requesting a sign variance for the north side of the building, which has no business right-of-
way frontage, to take advantage of the south bound vehicular traffic on Silver Lake Road.
The proposal is to have two wall signs, one on the east side of the building that will wrap
around to the south side and does not require a variance. The other sign is proposed to be
on the east side of the building and will wrap around the corner to the north side. These
wrap around wall signs will not exceed 15% of the area of the wall to which the sign will
be applied.
RECOMMENDATION:
1. Staff recommends the approval of the conditional use permit being requested by Lee
Stedman of Realty Development Advisors, LLC based on the fact that the City
• Ordinance allows the use as a conditional use in a commercial zoning district.
2. Staff recommends the approval of the sign variance request for business right-of-way •
frontage on the north side of the proposed building to accommodate the need for
increased visibility for traffic going south bound on Silver Lake Road and traffic in
the retail center.
The conditions upon which this variance request is based are unique to this area
because Apache Plaza is being redeveloped into a retail center that has independent
retail businesses being planned along Silver Lake Road and are not part of the main
retail center. The applicant desires to take advantage of the potential for increased
traffic attracted to the Apache Plaza by utilizing a wrap around wall sign concept to
provide increased visibility to potential customers. The applicant will not require
more sign surface area than what is allowable by the City's wall sign ordinance.
9fr14.RPT
•
The Runyan/Vogel Group,Inc.
Architects/Planners
• 3433 Broadway Street NE,Suite 150,
Minneapolis,Minnesota 55413
T'HE RUNYANIVOGEL GROUP Tel:612-379-4100 Fax:612-379-4847
August 28, 1996
Ms.Kim Moore-Sykes, Management Assistant
St.Anthony Village
3301 Silver Lake Road
St.Anthony,Minnesota 55418
Re:Request for Conditional Use Permit for Video Sales and Rentals and Signage Variance
Apache Commons
Dear Ms.Sykes:
We are requesting the St.Anthony Planning Commission approval of a Conditional Use Permit for Video
Sales and Rentals and a Signage Variance for a new 8500 square foot retail facility located on Lot 3,Block
1,Apache Plaza 5th Addition. Another tenant will also be housed within this structure which will be a
permitted use within this zoning district.
We are providing you with the following documentation for approval:
• 1. Application Forms,for Conditional Use Permit and Signage Variance
2. Checks in the amount of$130.00 and$100.00 respectively
3. Two full sized sets of the following drawings:
Overall Site Plan of Apache Plaza with this site highlighted
Al. Site Development Plan
A2. Exterior Building Elevations and Signage Locations
C 1. Grading and Drainage Plan
C2. Utility Plan
L1. Landscape Plan
4. Nine 11"x 17"sets of the above drawings
Our request for a variance to your signage ordinance is based on our desire to have wall signage approved
for the north face of the building which is not a right of way. This is the side which would be adajacent to
the Bank but also would provide the most exposure for vehicular traffic going southbound on Silver Lake
Road. The signage design and location would be identical to that proposed for the south side and would be
less than the maximum area allowed per sign face in your ordinance.
Please feel free to contact me should you need additional information. Thank you for this opportunity to
submit our request.
Sinc ely,
G gel AIA
Vice President
cc: Lee Stedman, Realty Development Advisors,LLC
RUNYAN VOGEL . ,, TEL:61�21�379-4100 ���.A6g ��8 '96 14 : 15 No .009 P .03 ULU
Date: August 28, 1996
CiTY OF ST. ANTHONY
WM for Sian Variance
Applio,nt; Realty Development Advisors, LLC
Addre9v- 10925 Valley view Rd. , Minneapolis MN 553
%one: 612-828-8218
Status of applicant (owner, buyer, renter, agent, etc.): Owner
Street address andlor legal deeoripilon of property petitioned for variance:
Lot 3, Block 1, Apache Plaza 5th Addition
Zoning district in which property is located: c
Request: _`�" '-�-
Minnesota Statutes and City Ordinances requlra that the following eondkions be eatletled
for approval of this request. Please respond to these conditioner using additional sheets,
if nQeessaty,
1. The granting of the variance will ngtt be detrimental to the public welfare or
j curious to 9ther property in the nalghborhood or village,
The additional signage requested will not be detrimental or injurious as
stated above.
2 A particular badshig to the applicant would result if the strict letter of the
regurations are adhered to. We request, additional tenant wall signage. on the
north side of the building which is not a right of way. This would provide .,
Wee visibility for traffic going south bound on Silver Lake Road.
W
3. e oonditione upon which the applications for a variance are based are UnIgue
to thQ parcel of land for which the variance is sought and are not applicable,
generally, to other property within the some tend-use classification.
This statement is correct
Signature of Applicant
•
Date: August 28, 1996
RUNYAN It-VOGELL�� ,o��� U1 TEL :612-37,9 -4100 ��`,Au`g ,28 X96 14 : 14 No .009 P .02
Aft "•
Date., August -28, 1996 •
Fag•
CITY OF ST. ANTHONY
MRLIQATION FOR cntuqITIONAL.. ' ,P
Applicant: Realty Development Advisors, LLC phone: 612-828-8218
Address• 10925 Valley View Road, Suite 100, Minneapolis,. MN 55344
Status of applicant (owner, buyer, renter, agent, etc.); Owner
Street address and/or legal description of property in question:
Lot 3, Block 11, Apache Plaza 5th Addition
Zoning district In Which property is located: C
Conditional uca proposed; Video Sales and Rentals
Minnesota StatutQa and City Ordinances require that the foliowinp conditions be satiefled
before a uenditionl l use may be authorized. Please respond to these conditional uain8
additional sheets, if necessary.
1) The proposed conditional use is vne of the conditional uses s ec�iflcally I(stad for the
zoning district In which It is to be located.
We are requesting aiconditional use permit for the -occupancy listed in Section 1635.03(1.. )
Video tape sales and rentals.
2) The proposed conditional use , MI not bebeenjol to the health, safety, or poncrol
Welfare of Rfrigne residing or working In the v'iclnity n_r 10jurigue to 11rop &values or
. improvements,In the vlcinity. - ,
The proposed video use will comply with the entire statement above and will not contain
X rated adVlt video rentals.
3) The proposed oondltional use in neceasery or d�llr ble at the eboy Ir+r,,p+io•+ t0
provido a service or a facility which Is in the intarest of public convenience and will
contribute to the general welfare of the neighborhonj or turn unity. The proposed use is
desireable at the above location as ubl co en to the neighbor cod community.
• 619natura of applicant: - �' T6
•1996 Vestrood Prolessronol Serrrces, Inc.
prel Im Inory plot of:
. O++'Kr[ d!p and Ko-n or
S ILVER . LAKE SoniO+
• CENTER -- -. aner[Senf.xl Manopw t
SITE OEVELOPMFNT DRTR RND GENERRL NOTES. Iowdo ndfple Orellrrp
mum oESCRPTR7t or Fnav Rrlt
Let 4 Lot 3,Lot 3 o•d Lot f, Black 1,AeACW PLR2R -
Block 1,ARROW PLAZR 4TH ACl7MOV, and Lot S,Blorf 1. A�fIGE ell /
R�'AtI; army ar+.rr[.....wr •
occordrg to the recorded plots threat,Ramsey Cov+ty,hewwsoto AN ��.•��.I.oe.w c.s
&LOr YA LLATMV �'' �'�i3�o:<3 lJaRl BANK
i"TTTFTFTi — iTTTTTTTTTITTI zl 1- IT T
Lot l .9.27 Acres SlL VER tti n l n n n I I I I Inn I�
Let 3 13 o1 Res '- I I�.+e.q I iemcsra I r II 'f? s
Lot 3 1.11 Roes -
Let 1 � L11 Roes � - [a.wy w+�r
Lots 13B Roes `� 1 t • 1�I �rlr J [.... Z
A
Lot 7 .9 des t.e..q wary 11 I I I III I I ~ T F� •
Outiot A l27 Roes I te,.....r rsarosto.errau,ern�1 `�aa rs . Z a
aflot B B.t2 Ages , I I I I III 1 O J Q O .
Orflot C B.G7 Rcres a Q LOT III I I I I III I ' I�R V
overall sit*- es I g I I IIII IIII I M. �1 1 I z
mACCOrdwp to the City of St.A,thony, the subject property has
t!w hlIorM brddnp seteoct sofarmotrax ^ P s + II I I IIII 11111 I I I Hill Ii O
Rre�art.20 ffee�t V CUB FOODS III I I III 1111111 1 V I1
I
Sale m 10 het Q` O II I I I III I II I I I IIII �� asl
mnbte that oars-Mtdwd easements ndwate eere rots to be
Vacated Q I I I I I I I Ii O Z 4
. 0 J .; I I I III I IIIII I
.Kate that dotted easements&Wrote easements to be 1 I I III I I J I
created �� $ I III I IIIII 1 II j II W
msueJ.c-t p.alorty a
s: we Ca.aerc.oi.. G C
^Wjoruq rang and o.nershp nfarmotoan is as sheer► Q `• Q` - 'QJ
.Owwrt Ste.Mrw Co.pony P �;;rte r,. , O 9TH RVEJ NE
GGI.Second Avw•we SovfA
M-FP JM2
n. `� � wnero Senfne!Mvg nt
Mrrwgoola,MV SS482 Zone*Adtple
O V 0\�� E , ,� .".'::.�`�•• I III zowde Co..erc.ol
• Q
J W
APA�NE PLAZA: I ¢
m 39TH a RVENUE� NE a �� p� z` �
Z G
Q I ` " zoned,Tw roedy Res+dental
Zz
00 = O.nert Dare r I P Q I W
I r� P fJ Q�/ zoned,Coweere,o `
JA Cotrolledr R*oltyQ ro„s„s , .
� _ LOT �� L TeQ'0
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+ , U: O
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Q G 0 t.ar.q ur+dr[e.... r I i Z
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38 TH R VE. NE P — �. "J ' J
I LOT �6 °
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a � S
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T
zo wd+C�merrtral '
i
{
Q�� I Sp
T STE. MRRIE RRILRORO �-
�
8-20-96 REVISE LOT 3 TO PROPOSED BUILDING M INNERPOL IS
`OVERALL SITE PLAN M >"
• REVISIONS Westwood r�..w..,,,�...�,....,w.....«~� �� °`° Silver L fDATE w...cr wer.rrn w err 1 r.M,l.en.e Neer 6GM 1-17-96
Rdded Access Utilit Easement e�.t.ar .ww«� n., 2/96 2-12-96 Rdded Pondino Easement Lot 7 °° ' '� �'� e..wwva Ste. Moyle
Compon en er rellminory Flot EET 9 niw r .r.. r s po .s, Mmnesoto St. Anthony-M—escto OF 1
i
. K17s
Mele Weee.eoe n d Os1eee.r.e. - I I 1
Coe 48 Hours peke megtn¢
GOPHER STATE ONE CALL
Twin c1E,AT'ee 454-0002
Tee Froe 1-800-252-1166
STEEL a — — se
.arm —
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SUPPORT INE T . I I_
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WOW P06f ATTAO"MrAm t /
\ -- — -----------.-------._--�
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STANDARD DETAIL ALTERNATE DEVIL
mwcm Im MW1E sAO6at nMfCM WIN CRAWL
2. TRASM
M4EL7 AM WJW MICE A=EACH
AND 17/0rE SDMMT iM I I 7c- M.10 2
2.ROiPm Moran SMALL a 0009TEL -
W m AREA,MAT ELL m"C foram
s Sai-ME..w CAN BE FUUMMMY '
C&!LT FE,.ee SU1L ME PLACED a LIFE S LT FENCE fill B Bo
CL1lWURS 0 MAMUM PCAef UTKV).r. _ LE�95200
956
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- - - - - - - - - - - -
IMM
PROPOSM
,»
SAEOTARY SEVER-4— SAMTART SEWER - SILVER LAKE ROAD -
MATER —I— WATER —I-
WM.W/VALVE —1 MMX W/VALVE
STORM SEWER —46— STCRM SEVER —w— — ��•.. i _ _ — — — — — —. '-
• -- - -- - -- - - - - - - - - - - - C -- - - - - - - - -
�` — �_ �� — 0 20 40 60
REVISISINS eu sr 4 �a ` moo lhwm lm DATE
Westwood ' a.., Apache Grading, Oralnb�o A �8j9s
1410 W °-` Runyan/Vogel Group Commons
tao tE.TAw nee 0 e•m®
M m Erosion Control Plan ffEET DATE RM NO. 19843 ®u m+�eV BLitt AadmY, l�l 2 .
I 0� Coo 46 Hours altar.dl99tn9:
�g6 GOPHER STATE ONE CALL
Teri MY Am 454-0002
-- — — Mn.Too Free 1-800•-252-1188
—960'TI
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I
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II
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9ss
CONNECT TO INP.r SAN.SE
LL-947.055 .I
I ( F.F.E. .. 938.60 I
II
I $
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I
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L 950— + _
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1 - - - - - - - - - -
-
LE= 94;1 PROPOSM FMSTM
SWTART WWO-4— SANITMY SEwM--.— SALVER LAKE ROAD r
rA1ER —I— % —I— — J I I i I 48
lf70 I 7i
.M/VALYE —I--d MD.M14.M/VALVE
STOM SCRER —6C— STM SEWM
• �- — — — — — L— — —
— — — — — — — — — — — — — — 0
— 0 20 10 60
REVIS♦ONS r�s e`a w a nars.a w r .....� moo Ynr.i[� =ATE
w Westwood -b- •.��r'-•..�r ..e
�.~`�~'�.r� � Runyan/Vogel Group Apache Ut®ty-Plan erza�es
Saba, im".S a..a Commons Sam er sae rem a
�� DATE REG NO. 19843 ®O or°O° SHEET/ >1Neoreea Mot Aa&wy. Mmmumee C2 012 N.
i
•1990 WwWl d Praf=k.d Sw4c a,WK I
can b Hwry wrQ.mv9In¢
GOPHER STATE ONE
T.IM MY Am CALL
Yn.Tot FT 1-800-252-1108
Shrub Detail _96o T-I
• ,.r:.. II ———— ———— —
r_ 944 I
...w r r rrty rr
z r
II z t . E.
958 07 32 ...
Plant List
U � .-� - ,v.,,v.•.� . .>^ "" .'..vim^ ...w •w•:...r.... .
ta'r mra X#W JWAMCR MAW am s V*WT w.Otl �.
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tw Mft"W "-."vnt AW 12 2r Pt s OC
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ITI I I I I - FL
Planting Notes
m.be t.db Ps,lf a.pa p amh.d st dal.,.t..u.M.U..,b.
t.�r m ttr art.r tt.tmdw.MWt.Wi-wean I.w. e.d ..— .
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cc II ! H I
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•tw d.,.ou-salad V -fte-L*.,d b-d-R - of Apt t y ! I I i" •=t+Fa - _ c
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.d aMasta ikd,n,.kh"b. .*.d au..l 1/2'■/► _ .
A•s!W Ind--d bas,.skt,dr b..■d as.W d.b-A be erm
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� p I
it p I� II
- - - - �l I - - - - - - -� - - - - - - - - - - - _ -rte - - + -
954
`' - - = - --- - - - - - - - - - - - - - - - - - - - - -
DD '
9•x'1' \
SALVER LAKE ROAD 1
n_ J .- - - - - - -L/ - - - - - - - - - - - -1- - _ _ - -_ -- -�� —
• - - -- - - - -- -- -- - - - - - - - -- - - � - -- 0 20 40 60
REH50N5 t r.bs ere w ..Pea.d y ar o r.r q O
. Westwood � ^-�-.f Apache ai�ei�
•oamcr"'`�Y..d M fm d.b"'` �° Preliminary
"°"` ta..a^� Runyan/Vogel Group Commons .Planting Plan BEET
edr tl.t4 w mW
s 2 w� DATE REC, N0
1BettttaaBy 1ELtn�rtd 6t1o!ref. �+ttttbtta L1 OF L1
THE
RUNYAN/VOGEM:*
GROUP
rw
ARCHnC
TS AND.
PROPERTY L1 E 29515'
MM ttr fta s+dcMAi R. 9"go
no w•m.no �m ea w 6;t -w
SSm
la SETBACK �
DMOPER
15 TRACT L 12 I MALTY'OMCPM9Yi AOVSCRS.LLC
POSSIBLE
�yS
DRIVEWAY
w 2i Ltd TO
BANK SITE
"X SERMCE '+
all _-- --
� - - -.� c.otea6m
En
I �6..or oatrr�er vb►+o.aea6on
I � °ama�w`wenaer
TOITAL BUILDIIIsIC I I -
M r 69,0' DRIVE
-
6
226,
u If TQ$ t7
Q I 181/Nf TBiwi 2 ccm,titia+ 96 to
I a�oo I I zow g Dmwn By �+o
N I I BANK SITEa
in
7 DM AUS 2&f495
Lu
N tterllae
Z
Q 10 HC HC 7
- PCW-t YM
APACHE COMMONS
TOTAL PARKING - N
,
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,
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i - - shoat Tlb
------------- W SETBACK 30 FOOT 1401 LGIT POLE SITE PLAN
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SIDEWALK
am urn SITE DATA
STORE AREA PARKM RCIM
TEN" l 6500 SF 6� :
SLVER LAKE ROAD AR 7
TENANT z 2000 SF ZOOO/300 - 7 NORTH
• 1 EA STAFF - 5
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STAFF REPORT
•
DATE: September 17, 1996
TO: Planning Commission Members
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Rear Yard Variance Request and Sign Variance Request for
a Proposed Municipal Liquor Store, Lot 5, Block 1, Silver
Lake Center (Apache Plaza) -- 96-15.
BACKGROUND:
Rear Yard Variance Request. Ste. Marie Company, as owner of the property at Apache
Plaza Shopping Center, has applied for a rear yard variance of 18 feet, 6 inches from the
required setback of the west lot line of the Tires Plus site for an addition they are planning
to build. The City Ordinance requires that commercial buildings have a rear yard setback
of 20 feet. The proposed addition will be situated 1 foot, 6 inches from the west property
line of the site. The 4,807 square foot proposed addition is being built in addition to the
existing 3,493 square feet of the Tires Plus building and is proposed to be used as a
municipal liquor store. The proposed municipal liquor store will have 8,300 square feet.
The variance is being requested because the construction of the addition is limited on the
site because of'an interior driveway that runs parallel to the west property line and Silver
Lake Road that runs parallel to the site on the east. Because Silver Lake Road is designated
as a county road, the proposed addition is subject to county road setback requirements,
thereby limiting expansion to the east.
Also, City Ordinance restricts expansion in this direction because the proposed addition
must have a setback of 35 feet or a distance equal to the average of the front yard depths of
the two adjacent properties. The adjacent properties currently would include Taco Bell,
Tire Plus and First Bank. Pushing the addition toward Silver Lake Road would encroach
into the county setback and exceed the average of.the front yard depths of the adjacent
lots.
Sign Variance Request.
Ste. Marie Company is also requesting a sign variance for the proposed addition. As the
site plan shows, this addition is situated such that is has business frontage on the east side,
along Silver Lake Road. Ms. Rothschild is requesting a sign variance for the north side of
the proposed addition, which has no business right-of-way. It is being proposed that the
wall sign be extended to wrap around to the north side of the building, which will take
advantage of-the south bound vehicular traffic , as well as the traffic on the Apache Plaza
site. This proposed wall sign will not exceed 15% of the wall area to which the sign will
be applied.
RECOMMENDATION:
1. Staff recommends the'approval of the rear yard setback variance request as requested •
by Ms. Rothschild of the Ste. Marie Company. The request setback is from a lot
line which is adjoining an interior driveway intended for use by the customers of
the shopping center and is not adjoining another lot. If the request for the variance
is granted, it will not alter the essential character of the locality but allow the site to
redeveloped into a reasonable commercial use.
The circumstances causing the hardship that necessitated the need to request this
rear yard setback were created by the location of the site between a county road
right-of-way and an interior driveway through this shopping center and were not
created by the owner. It is possible that as the shopping center is redeveloped, this
interior driveway could change or cease to exist. So, while a setback variance is
required by City Ordinance, the impact of constructing the proposed addition 1
foot, 6 inches from the property line that is adjacent to an interior driveway is not
as great as it would be if constructed adjacent to another building on the site or
adjacent to a residential area.
2. Staff recommends the approval of the sign variance request for business right-of-way
frontage on the north side of the proposed addition to accommodate the need for
increased visibility for traffic going south bound on Silver Lake Road and traffic in
the retail center.
The conditions upon which this variance request is based are unique to this area
because Apache Plaza is being redeveloped into a retail center that has independent
retail businesses being planned along Silver Lake Road and are not part of the main
retail center. The applicant desires to take advantage of the potential for increased
traffic attracted to the Apache Plaza by utilizing a wrap around wall sign concept to
provide increased visibility to potential customers driving either on Silver Lake
Road or on the driveways through the Apache Plaza. The applicant will not
require more sign surface area than what is allowable by the City's wall sign
ordinance.
I
AUG-28-1996 12:54 FBS CREDIT ADMIN 612 973 2148 P.02iO4
• Fee;
(R•1.........a 64.04
Other..»...4100,00)
CITY OF ST.ANTHONY
Peftn for Variance
Applicant:_ST£. WTE COMPMY
601 2 d Ave. So., Mpls, MN
Address:---
HP
802 mow._.. Phone: 973-2141
Status Of appRCant (owner, buyer,renter, agent, eta): owner
Street address anftr legal desedptlon of property petrb'oned for variance:
Lot 56 Block. 1, Silver Lake Center
Zoning district in which property is located: Commercial
pequ *- Rear Yard Setback
Minnesota StaUes acid Ofty Ordinances mWire that the following conditions must be
• aaiistled for approval of this request. Please respond to these condlGons using addNonal
sheets, V necessary. See attached letter from Ste. Marie Company.
I. Because of the particular physiosl surroundings, shape, or topographical
condidons of the parcel of land involved,the proposed variance would A an
undue h1gd6KV, as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enfaread.
2.. The purpose of the proposed variance is not based exclusively upon a desire to
increase the value or income pe;tentrai of the parcel of hand, but would co!ZL_-ct
SjtmordlhaM.G[rcumgancer,appicable to this property but not applicable to other
property In the vlctnity or zoning district:
3. The defied difficulty or hardship is eMd by City Ordinance and has not been
created by any persons presently havtng an interest in the parcel of land.
Signature Applicant
•
AUG-28-1996 12:54 FBS CREDIT ADMIN 612 973 2148 P.03/04
Ste. Marie Company •
601 2nd Avenue South
Minneapolis,Minnesota
WFP4802
August 28, 1996
St. Anthony Wage
Administzw&e Offices
3301 Silver Lake Road
St. Anthony,MN 55418-1699
Attention: Kim Moore-Sykes
Re: Hardship Letter regarding Lot 5,Block 1, Silver Lake Center
Dear Kim:
Ste. Xtde Company hereby requests a variance as requested on the Petition for'Vatiaance
attached hereto for the foAoV&S reasons. •
1. Strict enforcement of the setback requirement with respect to the Site
would cause an vzdue hardship because: .
(a.) The setback in question is from a lot Ike which is adjoining an
interior driveway through a shopping center,and is not adjokft
another development site.
(b.) The lot line on the opposite side of the Site from the setback in
question is adjoining a county road, and is subject to county road
setback requirements that would probliait adequate expansion of the
builftg an that side of the Site.
(c.) The proposed expansion ofthe building oa the Site to
accommodate a new City liquor store is a reasonable use of the
Site.
(d.) In view of the Aga in(a),(b),and(c)above,the Site cannot be
put to a reasonable use without the variance.
AU0-28-1996 12:54 FBS CREDIT ADMIN 612 973 2148 P.04iO4
• Kim Moore-Sykes
August 28, 1996
.. Page Two
(e.) Circumstances causing the hardship are created by-the location of
the Site between a county road tight-of-way and an interior
driveway tbrougb a%bopping center, and were tot created by the
owner.
(f.) The variance if grated will not ahez the essential character ofthe
locality.
(g.) Economic consideratious alone are not the bass of the bardship.
2. Because of the location of the Site!a a amuch lager shopping center
between a cotnaty road right-of-way and an interior driveway tbutough'the
shopping center,the circumstances arc unique to the propcM for which the
variance is requested.
• Thank you for your consideration.
Mazy Rothchild
Vice President
Ste.Marie Company
Enclosures
•
film stmms
TOTAL P.04
SEP-12-1996 12:54 FBS CREDIT ADM I N 612 973 2148 P.02/02
•
Date:- -September 10, 1996
Fee:_St 00.00
CITY OF ST. ANTHONY
P--ef iop,fge Sign Variance
Applicant; Ste. Marie company
2nd Xvenue So.
-. Address: ;! Minneapolis, Minnesota MPFP 1902 Phone: 973-2141
Status of applicant (owner, buyer, renter, agent, etc,): . Owner
Street address and/or legal daMption of property petitioned for variance:
Lot 8, Block 1, Silver Lake Center (Proposed addition to Tires Pius BuRdfng).
Zoning district in which property Is located: Commercial
Request: _
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
for approval of this request Please respond to these conditions.uslmg additional sheets,
'if necessary.
I. The granting of the variance will not be degal tai to the public welfare or
urio 3 to other property in the neighborhood or village.
The additional sign will not be detrimental or injurious to surrounding
property or the community.
2. A paittcular hardsn to the applicant would result if the strict letter of the
regulations are adhered to. Limit tenant visibility t traffic both on Sjlver
e retail center. A service s ve e;dts to the north-
we tt of t ie r� used store, but is not business right-of-way as defined
un sthe Cx y �r anee. .
3. The conditions upon which the applications for a Variance are based are-untgrug
to the parcel of land for which the variance Is sought and are not appljcable,
generally, to other property within the same Ift-use cjassl cat! *
Unique to the aroa beidause it is part o e re ev pmen of Apache Plaza.
Not applicable to surrounding areas.
Signature Appiicant S x, µ "AA *--J Y
TOTAL P.02
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1
A Proposal for the
1
f �
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� N��Compreheri�LV
at
w� 4Ptankda
Cit 'o on
J --: J
w
Prepared by
BRW,Inc.
i Thresher Square
700 Third Street South
Minneapolis,MN 55415
612/370-0700
4
July 29, 1996
July.29, 1996
Mr. Douglas J. Bergstrom, Chairman. _
B R w-INC. -St. Anthony-City Planning Commissior
3301-Silver Lake Road
St:Anthony, Minnesota 55418-1699
Dear Mr.'"Bergstrom:
We are pleased to present this proposal to help St. Anthony.update its
comprehensive plan. Having worked on your current plan, I.feel a special "
-affinity'for your community and would enjoy building-upon the work I did 17
years ago. I am very pleased to heat..that'members of the Planning
-°
Commission refer regularly to our•1979 plan and that it seems
m to have stood
u Planning i the test of time. .
Transportation :
4 Engineering I understand that St. Anthony desires to preserve its special "village" feel, its
Urban Design attractive residential neighborhoods, and close connections between residents- •
o and local government. At the same time, your city is experiencing changes
Thresher Square 'similar to those of many first-ring suburbs and seeking ways'to adapt to an
goo Third street so. evolving demographic mix 'and maturing commercial and industrial markets:
Minneapolis, '
»1455415 We hope you will find our team qualifications appealing, and we look forward
-,
61z/37o 0700 to an interview. .
Faz 612/370-1378
Thank you.
'1
Denver
Milwaukee Sincerely,
Minneapolis
Newark BRW, INC.
Orlando
u Phoenix L/'V
Portland
San Diego . William Weber, AICP
Seattle
i1
023717
R s. Project Understanding
We understand that St. Anthony wants to update its 1979
Comprehensive Plan:so that it better meets the current needs of staff
and City officials.
Preserve and Protect the Community's Strong Attributes
St. Anthony has many-characteristics that should be protected,
particularly-its fine homes, quiet, tree-lined streets, stable
neighborhoods and sense of small-town community (as conveyed by
r the.title "St. Anthony Village"). Although the 1979 plan was a very
satisfactory guide for'protecting the interests of the community,
certain changes have occurred over the last 17 years. The housing .
stock has aged, the demographic composition of the community has
changed somewhat, and commercial and industrial markets'have
_ shifted.
_ Manage Change and Evolution ;
=+ _ _ There are many first-ring suburbs that are experiencing similar
changes, such;as Edina, Golden Valley, Roseville and Mendota
-° Heights.. For-St. Anthony, like the others, the challenge will be to
clearly identify strengths and attributes to preserve while fine-tuning .
• : _ its plans and programs to reflect slightly changed conditions. 'This.
often means localized changes in zoning, conversion of a few housing
units to a higher density or to non-residential use, adjustments in
` streets for the purpose of traffic calming or-new initiatives to;
promote private revitalization or re-use of commercial or industrial
3 facilities-(as the City did so well with the St. Anthony Village
Shopping Center). A-comprehensive plan update is the ideal time to
focus on these adjustments, as well as broader themes...'.
- Create a Practical Handbook
At the same time; the new plan needs to serve the practical, day-to
day needs of the staff, who will use it for direction on priorities,
programs, regulations and design guidelines, and of the Metropolitan
Council, who-will be looking for,conformance with their Regional
Blueprint.. (Much direction is given to communities' comprehensive
plan contents by the recent publicati on of the Local Planning`Handbook
i by the Metropolitan'Council.)
T -
. Consider Emerging Issues
The Re uest for Proposals mentioned the desire to examine emerging
issues in local planning and development and fold those findings .
r x
into the comprehensive plan.
.•a 5 Comprehensive Plan Update
City of$t.Anthony
f:'
Project Understanding
Continued `
One issue is the.desire by many suburban'cities'to create a stronger
sense. community and place through residential and commercial'_
. .. area design:. Sometimes called "neotraditional" planning, the
'emphasis is'on orienting development toward attractive public
spaces; creating an inviting pedestrian environment, building a •
tighter mixture'of housing and businesses., creating more friendly -
residential streetscapes, and using parks and schools as neighborhood
= focal points.: Anthony already has.fairly well defined
neighborhoods, many with sidewalks and boulevard trees, and the
City:helped convert part of the St. Anthony.,Shopping.Center to
seniors' housing, which greatly improved the appearance and E
"downtown'.feel.of that site. Other potential exists in the vicinity of
City
Hall A a neighborhood-scale
Plaza Sho �in Center' the nei hborhood scale
Ce
P P g
P g .. E
commercial areas along the City's perimeter. Entrances to the
community have potential for.stronger identification as well. E
These and other issues should be examined in,the course of the E
comprehensive plan. E
BRW, Inc. 6 Comprehensive Plan Update E
023717 City of St.Anthony
Ina
R 4. Work Program
Prepare a plan that meets the needs of St. Anthony and the
requirements of the Metropolitan Council. This work program may
be adjusted as needed before executing a contract-so that all the
interests of the City are addressed. .
1.0 Analysis of Conditions 1.1 Planning Commission and City Council Workshop #1
Meet with the City Planning Commission, City Council, City staff
_ and member of the public.to brainstorrn and discuss community
strengths and weaknesses; problems and opportunities, what they
would like to see in the plan and how the plan could help them.
i Record.all ideas and use their as a guide_ for the written summary of
conditions and issues.
1.2 Prepare Base Map
Prepare an updated base map.of streets and parcels using materials
supplied by the City. .. ._
1.3 Summarize Conditions and Issues
Prepare a concise_description of the strategic and practical issues
- facing St. Anthony now and those looming over the horizon. .Blend
the ideas of the Planning Commission and those of the consultant
team. Focus on presenting background sufficient to help the reader
understand the issues while also meeting the requirements of the
1 Metropolitan Council.: Review with City staff and revise as.needed.
Prepare copies for distribution to staff and Planning Commission.
Review the City's Regional System Statement from the Metropolitan
Council.
Specific land use inventory: Include a map of existing land use, a
table of acreage by land use type, a table of residential densities,a
list of development restrictions and other factors that reduce
development densities (such as required setbacks from lakes).
Identify'locations.of apparent land use incompatibility, creeping
y obsolescence or underutilized potential.
Specific-transportation inventory: -functional classification of
roadways, map of number"of lanes per roadway, and current average
daily traffic volumes on metropolitan arterial roadways, analysis.of.
existing problems, and a map of..projected future traffic columns (for_.
year 2020). For transit, include a description of facilities and
programs supporting transit and other alternatives to the single-. .-
occupant auto, and a map of transit routes.
j
BRW, Inc. 7 Comprehensive Plan Update
023717 City of St. Anthony
Work Program _
Continued w
Specific parks inventory: map of existing parks; matrix of facilities by..,
Park, summary of recreation needs to the year 2010. G
:. Specific housing inventory:.A description of,St. Anthony s housing..., G
needs according to the seven subjects required by the Metro Council
- - based.upon 1990 Census data and information that may be contained : E
in the City's recent Livable Communities.Act submission. Complete E
the required "Worksheet C'; Housing Units and Households, which
describes the city's housing and population composition.', _ E
Specific wastewater facilities inventory: Describe the capacity along E
with the existing and forecast flows into the metropolitan wastewater
.system. Prepare a map of interceptor service areas. Identify the E
extent and sources of existing infiltration and inflow problems and
what can reasonably be removed. E
:2.0 Goals and Objectives 2.1 Update Goals and Objectives E
Starting with the goals and objectives of the 1979 plan, prepare E
. updated,statements that respond to the identified issues. Be as
specific as possible and avoid "motherhood and apple pie"
statements that no one is going to argue with. Review with staff,
revise and distribute to the Planning Commission: E
2.2 Planning Commission Workshop #2 E
Meet with the Planning Commission to review the-consultant's ' E
analysis of conditions and the draft goals and objectives. Begin to.,
discuss specific elements of.the plan..
3.0 Plan Elements 3.1 Land Use Plan
Prepare policies that respond to the-issues and objectives. (A policy
is a specific statement of what the City will do or how it will_respond
to:certain conditions.) E
Prepare an updated map of the desired land use pattern. E
Concentrate on locations where adjustments may be needed in the
near or longer-term future because of changes'in the market;. . E
declining building conditions and/or new opportunities.
Highlight locations of change, as there are expected to be relatively E
few of them.' Describe the purpose and rationale for each land.use
BRK Inc: _ _ $ Comprehensive Plan,Update,
a23i17 City of St.Anthony
Work Program
Continued
change. Describe-changes in zoning, streets, utilities or other controls
or spending that may be needed to accomplish the desired changes.
For the Metropolitan Council, note.the changes for years 2005 to 202
by five-year increments (should be very minor). Calculate future -
- urban land needs-(should also be minimal). Also, describe how the '
City will continue-to protect'sensitive lands or land uses such as
wetlands, floodplains;steep slopes and historic properties. If there
are any major land.use changes planned, note the difference in type -
-and intensity by Metro Traffic Assignment Zone. ,
3.2 Transportation Plan
Update the plan for'roadway functional classification.' Forecast and
map average daily traffic volumes on the metropolitan roadway
system using information from the'Counties: Note locations of
forecast-congestion, if any, and intersections currently or'potentially .
in need of'safety and congestion improvements: Include forecast
changes in land use and employment that may affect future traffic
and a plan for minimizing access to non-freeway principal arterials.
Include-a'plan for enhancing pedestrian and bicycle movement.
• Since St. Anthony.is not in a highly congested corridor (as.defined by
the Metro Council), it will not be necessary to describe travel demand
strategies and programs.
3.3 Park System Plan
Prepare a map and text describing park system improvements.and
additions.
3.4 Housing Plan
Prepare a housing plan, based upon the City's recent Livable
Communities Act.goals, that describes actions the City will take to
move toward becoming or:maintaining.a life-cycle housing :,
community. Outline policies and implementation program elements
that the City will take'to.achieve its.housing goals, including official-
controls, and housing maintenance programs.
3.5 Water.Resource Management Plan
Include the City's existing, approved surface water management plan .
as it presently exists,-without changes: Incorporate the nine points
from the Metropolitan Council's-Interim Strategy to,Reduce Nonpoint
Source Pollution to All-Metropolitan Area Water Bodies.
s BRW, Inc. 9 Comprehensive Plan Update
OZ7717. City of St.Anthony
Work Program
Continued
. . .- _ 3.6 Wastewater System Plan
Prepare policies and strategies for preventing and reducing excessive,
inflow and infiltration into the metropolitan wastewater system. (We C'
know that St. Anthony has made great improvements in'this regard
already.) Based upon an estimate of the severity of the problem, G
describe a-program for reducing or preventing inflow and infiltration.
. '3.7 Water Supply Plan. E
Include the City's existing, approved.water. supply Plan as it E
presently exists; without changes.
3.8 Solar Access Protection Plan
Prepare objectives and policies to protect solar access and.a
description of plans for implementing these objectives and policies.
3.9 workshops #3, 4 and 5
Meet with the Planning Commission to review and refine the draft E
-plan elements; concentrating on one or two subjects each meeting. E
- The City Council could, of course, be invited to attend these meetings
also, if desired. Receive approval from the City Council to submit a E
draft plan to the Metropolitan Council for their 90-day review for
consistency with Regional systems. E
3.10,City Council Review E
F Submit a draft of the plan to the City Council after.it has been 1°
through"the Planning Commission;summarize it for them and record
their comments. E
4.0` Implementation 4.1. Official Controls
Program
Describe any changes to zoning, sign, subdivision or other.official.' Eo
controls'that may have been determined necessary implement any
of the preceding plan.elements, particularly land.use and E
transportation.
4.2.' Capital Improvements Program
With the assistance of City staff, prepare afive=year capital E
improvements program listing major improvements.to streets, the : •
BRW, Inc: 10. Comprehensive Plan Update
#23»> ;City'of St.Anthony
Work Program
Continued
wastewater system, the surface water drainage system and parks.
Indicate tinting and funding sources.
5.0 Metro Council• .- 5.1 Plan Submission. .
Review
Submit copies of the plan to the Metropolitan:Council along with the
required submission checklist. Meet with Metro Council.staff as
needed to answer questions.
".5.2 Plan Amendment:
Revise the draft plan as.required by the-Metropolitan.Council.
Review all major revisions with City staff and, possibly, Planning
Commission or City Council: .
7.
6.0. Public Hearing Prepare copies of the draft plan for public review. Summarize the
plan at a public hearing before the City Council.. Revise the plan as
directed by the City Manager.
7.0 . Final Document Prepare a final draft of the plan.• Prepare 30 bound copies. Submit
original paper copies of the text and graphics for further copies.
Submit the text and graphics on disk in formats compatible with the
.City's system.
•
BRK.Inc. 11 Comprehensive Plan Update
023717 City of St.Anthony
STAFF REPORT
DATE: September 19, 1996
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: BID AWARD FOR PURCHASE OF AUDIOVISUAL
EQUIPMENT AT THE NEW CITY HALL/COMMUNITY
• CENTER
Bids for audio and video equipment will be opened by Bill Bruce on Tuesday,
September 24th at 11:30 A.M.
Mr. Bruce will be present at the September 24th Council meeting to present the
bids to the Mayor and Councilmembers along with his recommendations. The
Council will award the bid after Mr. Bruce's presentation.
•
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 Hall/Community Center in the City of St. Anthony, 3301
Silver Lake Road, County of Hennepin and the State of Minnesota (the "leased premises"):
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.
TO HAVE AND TO HOLD THE LEASED PREMISES, without any liability or obligation on
the part of Landlord for making any alterations, improvements or repairs of any kind in, on or
about the leased premises except as provided herein, for the term of six (6) 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, monthly rent of$8,333.34, commencing January 1, 1997
through June 30, 1997. If this Lease is not terminated, the total annual rent shall exceed
$100,000 for each 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).
If the Legislature or Department of Children, Families & Learning removes the right of
Tenant to levy for rental costs, Tenant will no longer be bound to the payments as
scheduled. If Tenant no longer makes payments to the City, Tenant shall immediately
vacate all of the leased premises.
ARTICLE 2. TERM.
The term of this Lease shall be from January 1, 1997 through June 30, 1997, but the term
will be automatically extended for successive periods of twelve (12) months each, unless
terminated the Lease is at an earlier date as provided in Article 19.
City of St. Anthony
School District#282
Page 2 •
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonableamounts, 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 to the portion 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 in which the leased premises 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, commercial general liability insurance
covering the leased premises and providing insurance coverage with minimum amounts
of liability for bodily injury to one person in the amount of$600,000.00 and for bodily
injury to any group of persons in the amount of$600,000.00 and for property damage in
the amount of $600,000.00. Landlord and Tenant each expressly waive any right of
recovery against 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.
•
City of St. Anthony
School District M2
• Page 3
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. Landlord
shall be responsible for maintenance of the parking area, including snow plowing, and
security lighting.
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, or 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
City of St. Anthony
School District #282
Page 4 •
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.
In addition to the use of the Common Areas, Landlord and Tenant contemplate the use of
the Multipurpose Room and Gymnasium, shown on the attached floor plan 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 use of the Multipurpose Room and
Gymnasium 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. All rental fees shall be paid to and retained by Landlord. 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 commercial 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
City of St. Anthony
School District #282
• Page 5
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 Article, 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 the leased 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.
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-
rata; 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.
City of St. Anthony
School District #282
Page 6 •
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.
i
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 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
City of St. Anthony.
School District #282
• Page 7
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 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 decorative entry. 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.
City of St. Anthony
School District#282
Page 8
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 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. TERlVIINATION.
Either party may terminate this lease upon ninety (90) days written notice to the other •
Ply
City of St. Anthony
• School District#282
Page 9
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
BERNICK AND LIFSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
• H M
ROSS A.-SUSSMAN SUITE 1200, THE COLONNADE tALSO ADITTEO IN WISCONSIN
NEAL J. SHAPIRO -5600 WAY2ATA BOULEVARD 'ALSO CERTIFIED PUBLIC ACCOUNTANT
SAUL A. BERNICK* MINNEAPOLIS, MINNESOTA 55416-1270
THOMAS O. CREIG HTON LEGAL ASSISTANTS
SCOTT A. LIFSON JO BROWN '
TELEPHONE (612) 546-1200
DAVID K. NId HTINGALEt � � JOAN M. SCHULK ERS
FACSIMILE (612) 546-1003-
PAUL J. QUAST� KATHRYN G. MASTER MAN
THERESA M. KOWALSKI ,
_ REBECCA J. HELTZER
ROBERT J. V. VOSE ,
MEMORANDUM
TO: Municipal Cable Commission Member Cities
FROM: Thomas D. Creighton; Robert J. V. Vose
DATE: August 23,•4996
Your cable commission, as your agent, along with commissions representing over 40 other cities
has concluded its four month•review of the request for Meredith Cable Company to transfer
• ownership in the cable system which serves your city. Two transfers are contemplated -- one to
Continental Cable, and then the other immediately to US West. Please find enclosed the results
of that review.
State and federal law require a limited scope of review regarding the transfer. The cable
commission was required on your behalf to investigate the technical, legal and financial
qualifications of the purchasing cable company. The cable commission has concluded that it can
find no reasonable basis for withholding consent to the transfers of ownership. The cable
commission RECOMMENDS that you consent to both transfers. Federal law requires that you
may not unreasonably withhold your.consent.
The enclosures include:
1. The final report and conclusions of BOTH transfers prepared by our office as legal counsel
to the cable commission;
2. TWO resolutions (an original and copy of each of the two), one consenting to the transfer
to Continental and the other consenting to the transfer to US West. Both resolutions need
to be considered by your city council. You will note that the resolutions condition your
consent on receipt of a corporate guaranty by the parent companies, payment by the
company of the reasonable fees associated with the commission analysis, and actual closing
MEMORANDUM •
August 23, 1996
Page 2
of the transfer. The US West resolution is conditioned upon them receiving all necessary
federal, state and local waivers to operate the system; and
3. A copy of the corporate guaranty which the parent companies will be required to sign
(attached to the copy of the resolution).
After your consideration, please sign the original (you may keep the copy for your records) and
RETURN THE ORIGINAL SIGNED RESOLUTION TO MY OFFICE AS SOON AS
POSSIBLE.
YOUR ACTION MUST BE TAKEN BEFORE SEPTEMBER 30, 1996.
If you have any questions,,please feel free to contact this office. A summary of the transactions
is-also included to expedite your review. Thank you for your consideration.
TDC/rs •
•
• SUMMARY OF PROPOSED TRANSFERS OF OWNERSHIP
Transfers of ownership of cable systems require the consent of the local franchising authority
(City). The City has traditionally delegated through its joint powers agreement the review process
to the cable commission. The process is lengthy and complicated, and has been conducted by the
commission over the past four months. In this case, the issues were further complicated by the
fact that at the same time as Continental was purchasing Meredith, US West was proposing
purchasing Continental. Therefore, the Commission (and now the City) needed to review TWO
transfers of ownership.
Enclosed are the results of that review.
FREQUENTLY ASKED QUESTIONS:
1. Will the rates go up as a result of these transfers?
Although no one can guarantee cable rates, the companies have assured the Commission
that there are no plans to increase rates. If Meredith had retained ownership of the
systems, they could have increased rates, and the new owners will not be able to increase
rates any more than Meredith could have.
2. Will any channel or program offering.on the system change?
No. However, companies often change program channels in response to the interests of
subscribers, and the new companies have the right to do the same.
3. Will there be a decrease in customer service or change in local management?
No. The local management team will remain intact, as will the existing customer service
representatives.
4. Will all commitments to local programming remain the same?
Yes.
5. What is the phone company doing owning our cable system?
US West cannot own your cable system without receiving special permission from the
Federal Communications Commission. They have applied for a limited waiver (permitting
them to own the systems for up to 18 months) and that petition is pending. If they do not
receive the waiver, they cannot close on the sale, and Continental will retain ownership
of the systems. The FCC may decide (as we argue the law requires) that the waiver
• requires the approval of the city. If that is the case, that decision will come back to the
city, BUT THAT DECISION IS A SEPARATE DECISION FROM THIS TRANSFER
DECISION.
• r,
6. The League of Minnesota Cities has told us that US West has sued a city in Minnesota •
over the use of rights-of-way. Why would we want to cooperate with US West in this
transfer?
It is true that US West has an ongoing dispute with Minnesota cities over ordinances which
attempt to control use of rights-of-way. That dispute is not related to this transfer,-except
for the fact that it is the same company involved in the dispute. The simple answer is that
the law requires that you must consent to the transfer unless you have a reasonable basis
to deny, based on the limited standards of review -- the legal, technical and financial
characteristics of the purchaser. YOU MAY NOT DENY THE TRANSFER SIMPLY
BECAUSE YOU DO NOT LIKE US WEST.
7. What are these corporate guaranties, and why are we requiring them?
During the analysis, the complicated corporate structure proposed by both companies
caused the commissions to be concerned about which entity could be turned to if a
catastrophic problem arose with the local system. Therefore, we determined it to be in the
best interest of the cities that the assets of the parent corporations be pledged to support
the local systems. This is an extraordinary remedy, and not often secured. However, the
commission has received from both parent companies a pledge that they will give such
guaranties, and your resolution will not be effective until such guarantees are received.
8. If we are in the process of renewing our franchises, won't this slow us down? •
Certainly the dynamics of the renewal processes have been changed. However, the
companies have assured the commissions that the local management will remain
responsible for negotiating renewals, and they will be authorized to enter into all necessary
agreements. US West, if they receive the FCC waiver, will have to divest themselves of
the systems within 18 months. There has been some concern about US West's desire to
enter into long term commitments with systems they will not own. This is a legitimate
concern. Should the commission determine that they new company is not negotiating.in
good faith, remedies such as denying the renewal or extending the franchise until the new
owner is in place are all available to the cities.
9. Will our existing cable franchise remain intact?
Yes. The company holding the local franchise will not be changed because the transfers
are occurring farther"up the "corporate ladder". Any transfer of ownership requires that
the purchasing company agree-to comply with all existing franchises, as amended, and any
other agreements which the current owner has with the cities and commissions.
TDC/rs
CACABLE\MEREDIT MU M MARY.
• Resolution 96- 0 5 2
RESOLUTION CONSENTING TO THE TRANSFER OF
CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN
A CABLE TELEVISION FRANCHISEE TO CONTINENTAL
WHEREAS, the cable television franchise (the "Franchise") of the municipality of St.
Anthony (the "Authority") is currently owned and operated by Group W Cable of the North
Suburbs d/b/a Meredith Cable Company ("Group W")which is owned by Meredith/New Heritage
Strategic Partnership, L.P. ("MNHSP"); and
WHEREAS, the general partner of MNHSP has entered into a Purchase Agreement dated
March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general partner
is proposed to be replaced by North Central Communications Corp., Continental of Minnesota,
Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the
"Meredith/Continental Agreement"); and
WHEREAS, Group W will continue to hold the Franchise; and
WHEREAS, the Authority has received a request for consent to the transfer of control
contemplated by the Meredith/Continental Agreement; and
WHEREAS, no notice of breach or default under the Franchise has been issued by
Authority within the past 12 months and none is outstanding; and
WHEREAS, the Authority has determined that subject to certain conditions which must
be met, Continental possesses the requisite legal, technical and financial qualifications;
NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the
Meredith/Continental Agreement is hereby consented to by the Authority and permitted
conditioned upon:
1. Execution and delivery of a Corporate Guaranty from Continental Cablevision,
Inc. in the form attached hereto; and
2. Documentation that a wholly owned subsidiary of Continental Cablevision, Inc. is
duly admitted as a successor general partner pursuant to the Restated Agreement
of Limited Partnership of Meredith/New Heritage Strategic Partners, L.P. dated
December 30, 1991 or any amendment thereof; and
3. Payment of$100,000 to the North Suburban Cable Commission as required in the
Memorandum of Understanding between the Authority and Group W for
equipment purchases; and
4. Reimbursement of all reasonable fees incurred in the Authority's review of the
proposed transactions; and •
5. The successful closing of the transaction described in the Meredith/Continental
Agreement.
BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time,
assign or grant or otherwise convey one or more liens or security interests in-its assets, including
its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender
providing financing to Continental ("Secured Party"), from time to time. Secured Party shall have
no duty to preserve the confidentiality of the information provided in the Franchise with respect
to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the
order of any governmental authority, (c) consented to by the Authority or (d) any of such
information which was, prior to the date of such disclosure, disclosed by the Authority to any
third party and such party is not subject to any confidentiality or similar disclosure restriction with
respect to such information subject, however, to each of the terms and conditions of the Franchise.
ADOPTED by this day of , 1996.
City of St. Anthony
Mayor •
Attest:
Clerk-Treasurer
The undersigned, being the duly appointed, qualified and acting Clerk of the City of St.
Anthony, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and
accurate copy of Resolution No. duly and lawfully passed and adopted by the City of St.
Anthony on the day of , 1996.
Clerk
Resolution 96- '0 53
• RESOLUTION CONSENTING TO THE TRANSFER OF
CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN
A CABLE TELEVISION FRANCHISEE TO US WEST
WHEREAS, the cable television franchise (the "Franchise") of the municipality of St.
Anthony (the "Authority") is currently owned and operated by Group W Cable of the North
Suburbs d/b/a Meredith Cable Company ("Group W"), which is owned by Meredith/New
Heritage Strategic Partnership, L.P. ("MNHSP"); and
WHEREAS, the general partner of MNHSP, has entered into a Purchase Agreement dated
March.15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be
owned by Continental (the "Meredith/Continental Agreement"); and
WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate
Guaranty; and
WHEREAS, the Authority has consented to the transaction described in the
Meredith/Continental Agreement; and
WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned
subsidiary of US WEST, Inc., (herein collectively known as "US WEST")pursuant to that certain
• Agreement and Plan of Merger dated February 27, 1996 (the "Continental/US WEST
Agreement"); and
WHEREAS, Group W will continue to hold the Franchise; and
WHEREAS, the Authority has received a request for consent to the merger of Continental
and US WEST (the "Continental/US West Merger"); and
WHEREAS, no notice of breach or default under the Franchise has been issued by
Authority within the past 12 months and none is outstanding; and
WHEREAS, the Authority has determined that subject to certain conditions which must
be met, US WEST possesses the requisite legal, technical and financial qualifications;
NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is
hereby consented to by the Authority and permitted conditioned upon:
1. Execution and delivery of a Corporate Guaranty from US WEST, Inc. in the form
attached hereto; and
2. Securing all necessary federal, state, and local government waivers, authorizations,
or approvals relating to US WEST's acquisition and operation of the system to the •
extent provided by law; and
3. Reimbursement of all reasonable fees incurred in the Authority's review of the
proposed transactions; and
4. The successful closing of the Transaction described in the Continental/US WEST
Agreement.
BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to
constitute any approval or disapproval of or consent or non-consent to US WEST's Petition for
Special Relief currently pending before the FCC, or any other federal; state, or local government
waivers, authorizations or approvals, other than that transaction delineated above.
BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to tune,
assign or grant or otherwise convey one or more liens or security interests in its assets, including
its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender
providing financing to US WEST ("Secured Party"), from time to tune. Secured Party shall have
no duty to preserve the confidentiality of the information provided in the Franchise with respect
to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the
order of any governmental authority, ) consented to b the Authority or d an
I� ty ( y ty O y of such'
information which was, prior to the date of such disclosure, disclosed by the Authority to any
� third party and such party is not subject to any confidentiality or similar disclosure restriction with
•
respect to such information subject, however, to each of the terms and conditions of the Franchise.
ADOPTED by this day of , 1996.
City of St. Anthony
Mayor
Attest:
Clerk-Treasurer
The undersigned, being the duly appointed, qualified and acting Clerk of the City of St.
Anthony, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and
accurate copy of Resolution No. duly and lawfully passed and adopted by the City of St.
Anthony on the day of , 1996.
Clerk •
CITY OF ST. ANTHONY
RESOLUTION 96 7054
A RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF
ST. ANTHONY AND THE STE. MARIE COMPANY AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ST. ANTHONY
WHEREAS, the City of St. Anthony desires to rent space in the Tires Plus building for
operation of the City-owned off-sale SAV II Liquor Store; and
WHEREAS, the Ste. Marie Company, owner of Apache Plaza, desires to lease said space
to the City of St. Anthony.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. `
Anthony hereby approves the Lease between the City and the Ste. Marie Company for
space at the Tires Plus building to operate SAV II Liquor Store and authorizes the Mayor
and City Manager to execute said Lease on behalf of the City of St. Anthony.
Adopted this day of , 1996.
Mayor
ATTEST:
City.Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
September 24, 1996
I. CALL TO ORDER.
11. ROLL CALL.
• III. APPROVAL OF SEPTEMBER 24, 1996 H.R.A. AGENDA. .
IV. APPROVAL OF AUGUST 27, 1996 H.R.A. MINUTES.
V. CLAIMS.
A. Graus Construction - $641,107.50.
B. Williams/O'Brien Associates -.$6,000.00.
-
$1,243.20.
C. Firstar Bank - $210.00.
- $238.30.
- $175.00.
D. Dorsey & Whitney - $235.00.
E. American Engineering Testing - $2,515.70.
VI. PURCHASE OF 2534 KENZIE-TERRACE (HRA RESOLUTION 1996-005).
VII. OTHER BUSINESS.
VIII. ADJOURNMENT.
1 CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES
AUGUST 27, 1996
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 8:10 P.M.
6 H. ROLL CALL.
7 Commissioners Present: Chair Ranallo,Vice Chair Enrooth, Secretary/Treasurer Marks,
8 Commissioners Wagner and Faust.
9 Also Present: Executive Director Michael Mornson and City Attorney Soth.
10 III. APPROVAL OF AUGUST 27, 1996 COUNCIL AGENDA.
11 Motion by Marks, second by Enrooth to approve the August 27, 1996 HRA Agenda as presented.
12
13 Motion carried unanimously.
14 IV. APPROVAL OF AUGUST 13, 1996 HRA MEETING MINUTES.
15 Motion by Marks, second by Wagner to approve the August 13, 1996 HRA Meeting Minutes as
'16 presented.
Motion carried unanimously.
18 V. PRESENTATION OF CLAIMS
19 Motion by Marks, second by Enrooth to approve the following claims:
20 A. American Engineering Testing,esting Inc. in the amount of$1,626.60.
21 B. Graus Construction in the amount of$210,900.00 for progress payment.
22
23 Motion carried unanimously.
24 VI. DISCUSS ISSUES ON COMMUNITY CENTER BUILDING
25 Mr. O'Brien reviewed a diagram of the community center building and the location of the
26 proposed play area. The existing ball field could remain a regulation Little League or softball
27 field but would not be suitable for adult play. The new play area will be 8,625 square feet.
28 Commissioner Enrooth noted the old play area was used by the residents in addition to the
29 community service programs. Commissioner Wagner asked if the new play area would be
30 accessible from the street. Mr. O'Brien stated it would be accessible from the parking lot.
31 Commissioner Enrooth stated if the play area is not intended for public use it will most likely
32 have to be fenced.
33 Chair Ranallo asked if the holding pond could be moved to enlarge the size of the existing ball
field. Mr. O'Brien stated an estimate for the cost of moving the pond would be $14,000. Chair
Ranallo suggested Mr. Mornson,Mr. O'Brien and Warren sit down and discuss options. He
36 stated he would like to see the field preserved.
HRA Meeting Minutes
August 27, 1996
Page 2 •
1 Commissioner Enrooth asked if the adult league could play in a modified adult field. Mr.
2 . O'Brien stated it may be a possibility but not a desired situation. Commissioner Faust suggested
3 Kathy be included in the discussions also as $14,000 may be well worth the money.
4 Commissioner Wagner stated he would prefer to have a Little League field and the play area.
5 Chair Ranallo suggested staff research the options. Mr. Morrison stated the City just got
6 approval from the Rice Creek Watershed and if changes are made the City would have to get
7 approval again.
8 Commissioner Marks suggested a location for a performing fine arts area and indicated the
9 location on a map.
10 Mr. O'Brien noted when doing construction an old catch basin was found and it will cost$1,000
11 for removal. Chair Ranallo asked why the maintenance department of the City couldn't remove
12 the catch basin. The Executive Director will check with the Public Works Director to see if this
13 is possible.
14 Mr. Jim O'Brien reviewed the options for the Authority to consider on the layout of the council
15 chambers.
16 The current design has the bench of the council facing north. Mr. O'Brien reviewed the •
17 advantages/,disadvantages and seating capacity of this option:
18 Advantages
19 - Public enters from rear, causing less disturbance during meetings
20 - Aesthetics-bench centered on room
21 - Both sets of double doors can be used to exit
22 Disadvantages,
23 - Conference seating faces side
24 Seatiniz
25 - 60 in conference
26 - 59 in chamber
27 Option 2 shows an East Facing Bench:
28 Advantages
29 - Will face conference room
30 Disadvantages
31 - One set of double doors will not be usable
32 - More lobby noise will be heard by Council
33 - Changes in construction-items include electrical conduit and floor raceway/trench,
34 patching,relocate lighting •
HRA Meeting Minutes
August 27, 1996
• Page 3
1 Seating
2 - 62 conference
3 - - 58 chamber
4 Option 3 shows a right-angle bench facing northeast:
5 Advantages
6 - General visibility of conference room is better
7 Disadvantages
8 - Inefficient use of space
9 - Focal point& seating do not relate to room layout(focal point on exit door)
10 Exit door 73D is blocked
11 - Changes in construction; items include: electrical conduit and floor raceway/trench,
12 . = patching,relocating lighting.
13 Seating
14 62 conference
15 - 40 chamber.
Option 4 shows an obtuse angle Tacing northeast:
17 Advantages
18 - General visibility of conference room is better
19 Disadvantages
20 - Inefficient use of space
21 - Focal point& seating do not relate to room layout
22 - Exit door 73D is blocked
23 - Changes in construction; items include: electrical conduit and floor raceway/trench,
24 patching,relocating lighting
25 Seating
26 = 60 conference
27 - 38 chamber
28 Commissioner Marks stated he does not believe there will be an increase in resident attendance
29 at the meetings and if there is overflow,they could stand in the doorway. Chair Ranallo noted
30 the doors would have to be closed and there would be a lot of traffic in the hallway. Chair
31 Ranallo asked what the cost would be for the construction changes and Mr. O'Brien estimated the
32 cost to be $6,000.
33 Chair Ranallo stated he prefers Option 2 and feels it provides the best seating for the residents.
He commented on the importance of having eye contact with the residents as they generally
appear before the Council when they are upset.
HRA Meeting Minutes
August 27, 1996
Page 4 •
1 Commissioner Faust stated he believes the council chambers/conference room would be more
2 "salable" with Option 2. The city could rent out a "conference center" size room.
3 Chair Ranallo stated for the amount of money in the budget for audio/visual equipment it should
4 be state-of-the-art. Commissioner Faust asked if changing to Option 2 would have an effect on
5 the AN room. Mr. O'Brien stated it would not affect the AN room and the equipment will be
6 state-of-the-art.
7 Commissioner Enrooth asked if they had planned to go with Option 2 in the beginning would the
8 plans have been different. Mr. O'Brien stated one set of double doors would have been
9 eliminated.
10 Commissioner Faust asked if all the chairs would be movable. Mr,. O'Brien stated they would.
11 Commissioner Faust stated he prefers Option 2. Chair Ranallo stated he too preferred Option 2.
12 Commissioner Wagner stated he does not think there is enough reason to make a change. If there
.13 was a belief the number of residents in attendance at council meetings was going to increase
14 drastically, then the added space could be justified.
15. Commissioner Marks stated he prefers the original plan as it would handle 98% of the council
16 meetings. He prefers being closer to the residents and believes Option 2 is too "deep" -far from
17 .the Councile
18 Mr. O'Brien stated an estimate received on the cost of the fountain was$24,884. Chair Ranallo
19 stated he liked the fountain idea but that is a lot of money. Mr. O'Brien stated an alternative
20 suggestion made by Commissioner Marks was an abstract map of the City of St. Anthony.
21 Commissioner Faust asked if there were other options. Chair Ranallo directed Mr. O'Brien to
22 look at some other options and obtain other bids for the fountain.
23 Commissioner Marks stated he would like to revisit the entry area after all the walls are up in a
24 . couple of weeks. Commissioner Marks suggested possibly the City hold a contest as to what the
25 residents would like to see in the entryway. Mr. O'Brien noted the drain, water and wiring is
26 completed for the fountain.
27 Commissioner Wagner stated he would like the entire building completed prior to the open
28 house. .
29 VII. OTHER BUSINESS
30 There was no other business to come before the Housing and Redevelopment Authority.
31 VIII. ADJOURNMENT.
32 Motion by Enrooth, second by Marks to adjourn the meeting at 9:05 P.M. •
33 Motion carried unanimously.
HRA Meeting Minutes
• August 27, 1996
Page 5
1 Respectfully submitted,
2 Debbie Wolfe
3 TimeSaver Off Site Secretarial
4
5 Mayor
6 ATTEST:
7 City Clerk
•
APPLICATION AND CERTIFICATE FOR PAYMENT AIA Document
MWR): City Of St. Anthony PROJECT: ST. ANTHONY COMMUNITY CENTER APPLICATION NO: 8 DISTRIBUTION TO:
3301 Silver Lake Rd. ASR
St. Anthony, MN 55418 PERIOD TO: 8/31/96 ARCHITECT
_CONTRACTOR
FROM (CONT): GRAUS CONSTRUCTION VIA (ARCHITECT): Williams/O'Brien Assoc. ARCHITECT'S
360 HIGHWAY 61 N. 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.
ICHANGE ORDER SUMMARY 1 1. ORIGINAL CONTRACT SUM ........................ S 3151900.00
1 -- - -- 1 2. Net Change by Mange Orders .................. t 108471.00
(Change Orders approved in I ADDITIONS I DEDUCTIONS 1 3. CONTRACT SUM TO DATE ..........................1 3260371.00
(previous months by owner I I 1 4. TOTAL_ COMPLETED b STORED TO DATE ............. S 1724834.00
I TOTAL 1 88103.00 1 1 (Column 6 )
1-- - --- 1 5._ RETAINAGE:
(Approved this Month I I I a. _ 5.00 %'of Completed Work 1 82591.70
I (Column D+E )
(Number IDate Approved I I I b.. 5.00 % of Stored Material f 3650.00
SEE ATTACHED CHANGE ORDER REPORT faf I (Column F)
I I I 1 I Total Retainage (Line 5a+5b) or
I --- --- I (Total in Column I) ...................... E 86241.70
1� TOTALS i 20368.00 1 1 6. TOTAL EARNED LESS RETAINACE .................. S 1638592.30
I -- 1 (Line 4 less Line 5 Total)
INet Change by Change Orders f; 108471.00 1 7. LESS PREVIOUS CERTIFICATES FOR
I — - — — —1 PAYMENT (Line 6 from prior Certificate) .. 1 997484.80
The undersigned Contractor certifies that to the best of the Con- 8. CURRENT PAYMENT DUE .......................... 1 641107.50
tractor's knowledge, information, and belief the Work covered by 9. BALANCE TO FINISH, PLUS RETAINAGE .............S 1621778.70
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 �� PAMBAKSCHM 4
issued and payments received from the Owner, and that current pay- ;
sent shown herein is now due.
CONTRACTOR:GRAUS CONST ION State of: P) N County of: s )AKO 4 Q
Subscribed and qrn-to_b`eforee me this y day ofSEp4,1946
. 19Z Notary Public:V'�^�.By. Date: / My Commission expires: �.�.�, ',) ajpp
- -- — -- --- ---------- — ---
AMOUNT CERTIFIED ...............................
A R C H I T E C T'S C E R T I F C A T E F O R P A Y M E N T (Attach explanation if amount certified differs from the
amount ap lied for.)
In accordance with the Contract Documents, based on on-site observe-?ayable lli s/O'Br' n Assoc.
ations and the data comprising the above application, the Architect C���,,
certifies to the Owner that to the best of the Architect's know- Date:'
1 information, and belief the Work has progressed as indicated, icate is of negotiable. The AMOUNT CERTIFIED is
t lity of the Work is in accordance with the Contract Documents, y to the Contractor named herein. Issuance, pay-
and the Contractor is entitled to payment of the AMOUNT CERTIFIED. ceptance of payment are without prejudice to any
rights of the Owner or Contractor under this contract.
Date : 08/30/96 - Fri GRADS CONSTRUCTION
Ti • 08:45:21 AIA CONTINUATION SHEET Page : 2
Application No. : 8
Application Date : 08/30/96
Period To : 8/31/96
Job : 950043 ST. ANTHONY COMMUNITY 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 & Stored I Comp I To Finish I Retainage
0@1010 Mobilization 15800.00 15800.00 .00 .00 158@0.00 100.@0 .00 790.00
001740 Bonds & Insurance 29400.00 29400.00 .00 .00 29400.00 100.00 .00 1470.00
002220 Earthwork 98900.00 69400.00 15700.00 .00 85100.00 86.05 13800.00 4255.00
002510 Asphalt Concrete Paving 59700.00 .00 .00 .00 .00 .00 59700.00 .00
002514 Curb & Gutter 21200.00 .00 .00 .00 .00 .00 21200.00 .00
@02921 Landscape Grading & Sod 10500.00 .00 .00 .00 .00 .00 10500.00 .00
002950 Trees, Plants 6 Ground Cover 21000.00 .00 .00 .00 .00 .00 21000.00 .00
003210 Concrete Reinforcement 27600.00 22800.00 4300.0@ .00 27100.00 98.19 500.00 1355.00
O&M Concrete 168250.00 108250.00 46550.00 .00 154800.00 92.01 13450.00 7740.00
003400 Structural P.C. Concrete 7100.00 7100.0@ .00 .00 7100.00 100.00 .00 355.00
004200 Unit Masonry 616200.00 395300.00 140800.00 .00 536100.00 87.00 80100.00 26805.00
005120 Structural Metal 191300.00 21000.00 162300.00 .00 183300.00 95.82 8000.00 9165.@0'
006100 Rough Carpentry 15000.00 .00 13500.00 .00 13500.00 90.00 1500.00 675.00
006200 Finish Carpentry 789@0.00 .00 .00 .00 .00 .00 78900.00 .00
006410 Custom Casework (Allowance) 5000.00 .00 .00 .00 .00 .00 5000.00 .00
007213 Batt & Blanket Insulation 750.00 .00 .00 .00 .00 .00 750.00 .00
007240 Fireproofing 49100.00 .00 .00 .00 .00 .00 49100.00 .00
Firestopping 11200.00 .00 .00 .@@ .00 .00 11200.00 .00
Flastomeric Sheet Rfing. 185100.00 .00 . 138000.00 .00 138000.00 74.55 47100.00 6900.00
007900 Joint Sealers 9800.00 .0@ .00 .00 .00 .a 9800.0@ .00
008111 Hollow Metal 38000.00 16400.00 14300.00 .00 30700.00 80.79 7300.00 1535.00
608210 Wood Doors 18600.@0 .00 .00 .00 .00 .00 18600.@@ .00
008305 Access Doors 1800.00 .00 .00 .00 .0@ .00 1800.@0 .00
008331 Counter Shutters 8400.0@ .00 .@@ .00 .00 .00 8400.00 .00
0@8332 O.H. Coiling Doors (In 08331) .00 .00 .00 .00 .00 .00 .00 .00
008360 Sectional D.H. Doors 7`.,00.00 .00 .00 .00 .00 .00 7500.00 .00
008530 Clad Wood Windows 32400.00 .00 .00 .00 .00 .00 32400.00 .00
008710 Finish Hardware 83400.00 .00 .00 39500.00 39500.00 47.36 43900.08 1975.00
008800 Glazing 13100.00 .00 .00 .00 .00 .00 13100.00 .00
0@8952 Translucent Panel System 11400.00 .00 .00 7900.00 7900.00 69.30 3500.0@ 395.00
009100 Metal Furning & Lath(In 07240) .00 .00 .00 .00 .00 .00 .00 .00
009220 Portland Cent. Plstr(In 07240) .00 .00 .00 .00 .@0 .00 .0@ .00
009250 Gyp Board (In 07240) .00 .00 .00 .a .00 .@0 .00 .00
009311 Ceramic Tile (Quarry) 2820 @.00 .00 .00 .00 .00 .00 2820@.00 .00
009510 A C T 36100.00 .00 .00 .00 .00 .00 36100.00 :00
009561 Hardwood Flooring 36800.00 .00 .00 .00 .00 .0@ 36800.00 .00
009650 Resilient Flooring 30100.00 .00 .00 .00 .00 .00 30100.00 .00
009680 Carpet (In 09650) .00 .00 .N .00 .00 .00 .00 .00
009900 Paint 39000.00 .00 .00 .00 .00 .00 39008.00 .00
010100 Chalkboards & Tackboards 12600.00 .00 .00 .00 .00 .00 12600.00 .0@
016160 Toilet Compartments 3300.00 .00 .00 .00 .00 .00 330@.00 @0
010210 Louvers 600.00 400.00 .00 .00 400.00 66.67 200.0@ 20.00
0 Flagpoles 1400.00 : .00 .00 .00 .00 .00 1400.00 .00
I.D. Devices 13000.0@ .00 .00 .00 .00 .00 13000.00 .QUO
01 1 I.D. Device (Allowance) 5300.00 .00 .00 .00 .00 .00 530@.00 .00.
010500 Lockers 14900.00 .00 .00 .00 .00 .00 14900.00 .@@
010520 Fire Protection 1500.@0 .00 .00 1200.00 1200.00 80.00 300.00 60.00
Date : 08/30/96 - Fri 6RAUS CONSTRUCTION
-'Ti■ • 08:45:37 AIA CONTINUATION SHEET Page : 3
Application No. : 8
Application Date : 08/30/96
Period To : 8/31/96
Job : 950043 ST. ANTHONY COMMUNITY CENTER Architect Project No. :
Item I Description I Scheduled I Previous I Current I Stored I Tot.Compl.' I % I Balance 1
No. I of Work I Value I Compltd I Compltd I Naterial I a Stored I Coop I To Finish I Retainage
010652 Folding Panel Partitions 35500.89 .00 .00 .00 .00 .00 35500.00 .00
010800 Tiolet & Bath Accessories 11200.00 .00 .00 .00 .06 .00 11200.00 .00
011400 Appliances 9000.00 .00 .00 .00 .00 .00 9000.00 .00
011500 Athletic Equipment 16100.00 .00 .00 .00 .00 .00 16100.00 .00
012512 Blinds 3000.00 .00 .00 .00 .00 .00 3000.00 .00
015000 Hvac Plumbing 556200.00 75273.00 202500.00 .00 277773.00 49.94 278427.00 13888.65
015190 Utilities 23600.00 21200.00 2400.00 .00 23600.00 100.00 .00 1180.00
015300 Fire Protection 46100.00 2100.00 .00 25600.00 27700.00 60.09 18400.00 1385.00
016000 Electrical 392000.00 98100.00 .19600.00 .00 117700.00 30.03 274300.00 5885.00
018001 CHANGE ORDER #1 991.00 .00 .00 .00 .00 .00 991.00 .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 1828.00 .00
018005 CHANGE ORDER #5 18184.00 .00 .00 .00 .00 .00 18184.00 .00
018007 CHANGE ORDER #7 .59026.00 .00 5000.00 .00 5000.00 8.47 54026.00. 250.00
018009 CHANGE ORDER #8 5003.00 .00 .00 .00 .00 .00 5003.00 .00
018009 CHANGE ORDER #9 19900.00 .00 .00 .00 .00 .00 19900.00 .00
01�CHANGE ORDER #10 -468.00 .00 .00 .00 .00 .00 468.00 .00
Totals : 3260371.00 885684.00 764950.00 74200.00 1724834.00 52.90 1535537.00 86241.70
Percent: 27.17 23.46 2.28 52.90 47.10
-mft
•
WILLIAMS/ O BRIEN ASSOCIATES, INC
ARCHITECTS/PLANNERS
1111 3RD AVENUE SOUTH, SUITE .156
MINNEAPOLIS, MN 55404
INVOICE FOR PROFESSIONAL SERVICES
14 Sep, 1996
Mr. Michael J. Mornson
City Manager
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Community Service Cente Comm No 9414
STATEMENT:ARCHITECTURAL SERVICES
June 26, thru Aug 28, 1996
CURRENT BILLING: -
TOTAL
•
PARTIAL COSST PHASE 6000.00
0.00
0.00
DIRECT COSTS
TOTAL CURRENT AMOUNT 6000.00
Previous total billed 176400.00
Total amount to end of current period 182400.00
Total received to end of current period 176400.00
TOTAL DUE 6000.00
•
TEL No . Sep 18 ,96 10 : 19 No .002 P .02
WILLIAMS/ O'BRIEN ASSOCIATES, INC
ARCHITECTS/PLANNERS
1111 3RD AVENUE SOUTH, SUITE 156
MINNEAPOLIS, MN 55404
INVOICE FOR PROFESSIONAL SERVICES
14 Sep, 1996
Mr. Michael J. Morrison
City Manager.
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
R
munity y Service Center Comm Nc 9414.1
STATEMENT: Extra Services
Booster Storage Addition
•
Architectural; J.O'Brien 0.5 80.00 40.00
E. Herrmann 15.0 53.88 808.20
B. Hassig 0.00
Mech/Elec Eng attached 395.00
OTAL CURRENT AMOUNT 243.20
Previous total billed 1 1261.53
Total amount to end of current period 8504.73
Total received to end of current period 7261.53
OTAL DUE 1243.20
TEL No . Sep 16 ,96 9 :07 No .001 P .02
A?
'<IA=1A
LUNDQUIST,KILLEEN,POTVIN&BENDER,INC. . Consulting Engineers
1935 W.County Rd.82 . Sulte 300 •
St Paul,MN 55113.2722
(612)833.1223 . FAX-633-1355
Invoice number 606023
June 24, 1996
Page number 1
Project 95.015.01 St Anthony Community Center
Storage Room Addition
Williams O'Brien Associates, Inc.
1111 3rd Avenue South
Minneapolis MN 55404
-Consulting-Serwl s•-Thr-ough-June-a.4,--. 996-..---- . . .
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Professional services Hours Rate Amount
--------------------- ------- ------ ----------
Associate
Linda K Johnson 2.00 85.00 170.00
Designer I
Vicki J Violet 4.50 50.00 225. 00
Services Total: -6.50 - 395.00 •
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Invoice Total: 395.00
emasassso�ss
Project Billing Summary Prior Current Total
Professional Services .00 395.00 395.00
Total .00 395.00 395.00
'I Firstar Bank of Minnesota,N.A.
Municipal Agency Services
101 E.5th St.
I St.Paul,Minnesota 55101
FIRS.FT A.R
CITY OF ST ANTHONY
ROGER LARSON FINANCE DIRECTOR
8301 SILVER LAKE ROAD
8T ANTHONY NN 55418
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l,Jrs►-po�
02-84.72 ST ANTHONY MN 94A 787260-CA-0 8/20/96
60 TAX INCREMENT REF 9009
DATED 1-1-94
1� ADMINISTRATIVE OFFICERI REGISTERED PAYING AGENT
INVOICE FOR PERIOD OF 02/21/96 - 08120/96
1 DESCRIPTION N0. ITEMS RATE AMOUNT
- - - FEES - - - - -
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**FILE MAINTENANCE CHARGES**
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ACCOUNT MAINTENANCE CHARGE 7 1.00 100.00
FOR CURRENT FEE PERIOD
FEE ADJUSTED TO MINIMUM
II
!**PAYING AGENT FEES**
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DESTRUCTION CHARGES 1 35.00
COUPONWONDS SORTED A LISTED`..
I**OPECIAL FORM PRINTING FEE8**
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1099-818 SENT TO HOLDERS 1 25.00
FEE ADJUSTED TO MINIMUM!
!**SPECIAL REPORTING OWNS"
AUDIT CONFIRMATIONS 1 25.00 28.00
MAGNETIC TAPE REPORTING TO IRS i 25.00
FEE ADJUSTED TO MINIMUM
INVOICE TOTAL 210.00
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'I Firstar Bank of Minnesota,N.A.
Municipal Agency Services
101 E.5th St.
i St.Paul,Minnesota 55101
FIR EAR
CITY OF ST ANTHONY
i ROGER LARSON FINANCE DIRECTOR
3301 SILVER LAKE ROAD
ST ANTHONY HN 55418
�CE.�1z�� TaRR�.C6c..
02-8100 ST ANTHONY NN 1991A 787260-FC4 8/20/96
GO REFUNDING BONDS
DATED 1-1-91
ADMINISTRATIVE OFFICERI REGISTERED PAYING AGENT
INVOICE FOR PERIOD OF 02121/96 - 08120196
DESCRIPTION NO. ITEMS RATE AMOUNT
* - - - - FEES - - - - - -
LE MAINTENANCE CHARGES"
I
ACCOUNT MAINTENANCE CHARGE 11 1.00 100.00
FOR CURRENT FEE PERIOD
FEE ADJUSTED TO:NININUM
.a+PAYING AGENT FEES"
INTEREST CHECKS ISSUED 6 .50 75.00
FEE ADJUSTED TO MINIMUM
DESTRUCTION CHARGES 1 33.00
COUPONS/BONDS BORTEO & LISTED
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I•+SPECIAL REPORTING CHARGES+;
AUDIT CONFIRMATIONS 1 25.00 25.00
- -
- - EXPESES - - - - - -
i
,"POSTAGE AND INSURANCE EXPENSES**
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Firstar Bank of Minnesota,N.A.
02-8100 ST ANTHWnWAiRloncy Services 787260-FC-7 8120/96
CO REFUNDING 2=8
DATED IS1JWp1,Minnesota 55101
r7J' C CIE OFFICERi REGISTERED PAYING AGENT
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k' pERI00 OF 02/21/96 - 08/20/96
DESCRIPTION ND. ITEMS RATE MSUNT
-
- - - - EXPENSES - - - - - -
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;"POSTAGE AND INSURANCE EXPENSES"
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NAILING EXPENSE - POSTAGE 6 .55 3.30
TOTAL FEES 235.00
TOTAL EXPENSES 3.30
INVOICE TOTAL 238.30
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Firstar Bank of Minnesota,N.A.
Municipal Agency Services
101 E.5th St.
St.Paul,Minnesota 55101
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FIRS T.A.R
�®
CITY OF ST ANTHONY
ROGER LARSON FINANCE DIRECTOR
3301 SILVER LAKE ROAD t o N M u.J t T A
ST ANTHONY MN 55418
c�Tr 1�r•�-t-•
02-8653 ST ANTHONY MN 19958 787260—HN-1 8/20/96
G.O. TAX INCREMENT BONDS
DATED 12-1-1995
! ADMINISTRATIVE OFFICERe BOOK ENTRY ONLY
INVOICE FOR PERIOD OF 02/01/96 — 08/20/96
DESCRIPTION NO. ITEMS RATE AMOUNT
I� — — — — FEES — — — - — —
ADMINISTRATIVE AND PROCESSING FEE 175.00
INVOICE TOTAL 175.00
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DORSEY . & WHITNEY LLP
P.O.BOX 1680
• MINNEAPOLIS,MINNESOTA 55480-1680
(612)340-2600
(Tax Identification No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St . Anthony, Minnesota August 21, 1996
Attn: Mr. Michael J. Mornson Invoice No. 504941
3301 Silver Lake Road
St. Anthony MN 55418
For Legal Services Rendered Through 07/31/96
Client-Matter No: 178820-00075
City of St. Anthony HRA General
Telephone conference with R. Ives regarding
• status of endorsement to commitment; review
title insurance commitment; letter to N. Ebner;
review commitment; arrange for delivery of
documentation regarding easements; review and
plot legal descriptions of title insurance
commitment and easement .
Total for Legal Fees $235 . 00
Total This Invoice $235 . 00
Service charges are based on rates established by Dorsey do Whitney.A schedule of those rates has been provided and is available
upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
AMERICAN PH 612.659-9001 INVOICE
1 ENGINEERING FAX 612-659-1379
2102 UNIVERSITY AVE..W. REFERENCE : CITY HALL/COMM .
TESTING,INC. sr.PAUL.MN 55114 INVOICE NO : 63308
- SALESPERSON DATE OF INVOICE
M . McCARTHY 08/31/96
TO: SHIP TO
ST. ANTHONY VILLAGE ATTN : MR . MICHAEL MORNSON
3301 SILVER LAKE RD 789-8881
ST. ANTHONY , MN 55418-1699
F ACCOUNT NO. " DATE SHIPPED SHIPPED VU\ CO P.P. F.O.B.POINT TERMS YOUR ORDER NUMBER
434175 08/16/96 ON RECEIPT
QUANTITY ""r DESCRIPTION UNIT PRICE AMOUNT
PROJECT:
CITY HALL/COMMUNITY CENTER
SILVER LAKE ROAD & 34TH AVENUE NE
ST. ANTHONY, MINNESOTA
----------------------------------------
PROJECT TESTING SERVICES FROM 7/16/96
TO 8/15/96
----------------------------------------
1 . 0 HOUR PRINCIPAL GEOTECHNICAL 95 . 000 95 .00
ENGINEER
1018.0 TRIPS TECHNICIAN TRIP CHARGES 25 . 000 450 . 00
6 . 0 TESTS SOIL COMPACTION TESTS 18 . 000 108 . 00
1 .0 TEST STANDARD PROCTOR TEST 70 . 000 70 .00
20 .2 3 HOURS ENGINEERING TECHNICIAN 36 . 000 727 . 20
CONTINUED . . . . . . .
Nzwk You TOTAL
AMERICAN PH 612-659-9001 INVOICE
1 ENGINEERING
FAX 612-659-1379
2102 UNIVERSITY AVE.,W. •
TESTING,INC. ST.PAUL,MN 55114
W MPIF0(N NO 63308 DATE OF INVOICE
TO: 14NP Toi c C A R T H Y 08/31/96
ST. ANTHONY VILLAGE
CONTINUATION OF INVOICE # 63308
ACCOUNT NO. DATE SHIPPED SNIPPED VIA CO P.P. F.O.B.POINT TERMS YOUR ORDER NUMBER
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
34 .0 EACH CONCRETE CYLINDERS - TESTED 12 .000 408 . 00
12 .0 EACH CONCRETE CYLINDERS - UNTESTED 9 .000 108 . 00
6.0 TRIPS CONCRETE CYLINDER PICK-UPS 20 . 000 120 . 00
3 .0 TESTS MASONRY BLOCK PRISM TESTS 60 . 000 180 . 00
5.0 HOURS NOT TECHNICIAN 45 . 000 225 . 00
70 .00 MILES NOT TECHNICIAN - PERSONAL 0 .350 24 .50
VEHICLE MILEAGE
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PLEASE REFER TO INVOICE NUMBER 63308 WHEN REMITTING .
A FINANCE CHARGE OF 1 .5% PER MONTH ASSESSED AFTER 30 DAYS .
�k Yom TOTAL 2 , 515 . 70
Z�a
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MEMORANDUM
DATE: September 12, 1996
TO: Chair & Commissioners, HRA
FROM: Michael Mornson, City Manager
ITEM: KENZIE TERRACE AND LOWRY AVENUE NE
REDEVELOPMENT PROJECT
In 1995, the City amended their redevelopment plan to redevelop ten residential
properties along Kenzie'Terrace and Lowry Avenue NE. 2534 Kenzie Terrace is for
• sale (the Tollefson house, which is one of the ten properties).
The City set aside $500,000 for the purchase and demolition of the property. The
resolution proposes to purchase 2534 Kenzie Terrace for $53,000.00. This is the
assessor's estimated market value for 1996 minus $1-,000.00 for closing costs. The
.resolution authorizes the City to purchase the property by entering into a purchase
agreement with the Mr. Lundeen. I spoke met with Mr. Tollefson and he has agreed to
sell to the City. Closing would occur on or before January 30, 1997. After the City
takes ownership, we would then demolish the property. We would buy the additional
properties as they become available.
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CITY OF ST. ANTHONY
H.R.A. RESOLUTION 1996-005
A RESOLUTION APPROVING THE PURCHASE OF
PROPERTY KNOWN AS 2534 KENZIE TERRACE
WHEREAS, on June 27, 1996, the St. Anthony City Council and Housing and
Redevelopment Authority approved the redevelopment and tax increment
financing amendment for property located along Kenzie Terrace and Lowry.
Avenue N.
NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Housing and
Redevelopment Authority hereby approves the purchase of the property known as 2534
Kenzie Terrace and to enter into a purchase agreement for said property.
Adopted this day of. , 1996.
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Chair
Secretary
Reviewed for administration:
Executive Director
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PURCHASE AGREEMENT 7.31.96
1. PARTIES. This Purchase Agreement is made on September 24 1996_,b and •
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between Richard Tol l efson ("Seller") and
HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a
public body corporate and politic ("Buyer'.'):
2. OFFER/ACCEPTANCE. Buyer offers to purchase, and Seller agrees to sell the real
property legally described as: (See Attached Exhibit A)
Hennepin County, Minnesota, located at 2534 Kenzie Terrace in the City of
St. Anthony, Minnesota ("Property").
3. PRICE AND TERMS. The price for the Property included.-in this sale is
Fifth Three Thousand Dollars $ 53,000. 0 "Purchase Price"
which Buyers shall pay as follows:
(A) Earnest money of.$0J(none) .
(B) $ 53,000.00 by certified check or wire transfer on or before January 30 1997-1
. the "Date of Closing";
4.DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and
deliver to Buyer (i) a Warranty Deed, joined in by spouse, if any, conveying marketable
title to Buyer, subject only to: (A) building and zoning laws, ordinances, state and federal
regulations; (B) restrictions relating to use or improvement of the property without •
effective forfeiture provisions; and (C) reservation of any mineral rights by the State of
Minnesota; (ii) Internal Revenue Form 1099; (iii) A Certificate signed by Seller warranting
that there are no "Wells" on the Property within the meaning of Minn. Stat. § 103I .or if
there are "Wells", a Well Certificate in the form required by law; (iv) an affidavit stating
that there are no bankruptcies, divorces, federal or state tax liens or judgments affecting
the property; that there are no unrecorded interests affecting or parties in possession of the
Property, and stating that no work has been performed or materials provided to the
Property within the last 120 days for which payment has not been made; and (v) all other
documents reasonably determined by Buyer to be necessary to transfer the Property to
Buyer free and clear of all encumbrances.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and
payable in and for the year of closing shall be prorated to the Date of Closing:
SELLER SHALL PAY on Date of Closing all installments of special assessments certified
for payment with the real estate taxes due and payable in the year of closing.
SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the
date of this agreement.
SELLER SHALL PAY special assessments pending as of the date of this agreement for
improvements that have been ordered by the City Council or other governmental
assessing authorities.
SELLER SHALL PAY on the Date of Closing any deferred real estate taxes or special
assessments payment of which is required as a result of the closing of this sale. •
Buyer shall pay real estate taxes due and payable in the year following closing and
thereafter and any unpaid special assessments payable therewith and thereafter, the
payment of which is not otherwise provided herein. Seller makes no representation
• concerning the amount of future real estate taxes or of future special assessments.
6. DAMAGES TO REAL PROPERTY. If the real property is damaged prior to closing,
this Agreement shall NOT terminate and Seller and Buyer shall proceed to close this
transaction in accordance with the terms hereof.
7. POSSESSION. Seller shall deliver possession of the Property not.later than the Date
of Closing. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city
.sewer, electricity, and natural gas shall be prorated between the parties as of Date of
Closing.
8. EXAMINATION OF TITLE. Within a reasonable time after acceptance of.this
Agreement Seller shall furnish Buyer with either a Registered Property-Abstract or an
Abstract of Title certified to a date'within 30 days of the date of delivery, which includes
proper searches covering bankruptcies and State and Federal judgements, liens, and
levied and pending special assessments. Buyer shall have ten (10) business days after
receipt of the Registered Property Abstract or Abstract of Title to have either Buyer's
attorney examine the title and provide Seller with written objections or,at Buyer's own
expense, to make an application for a Commitment for Owner's Title Insurance Policy
("Commitment") and notify Seller of such application. Buyer shall have ten (10) business
days after receipt of the Commitment to provide Seller with a copy of the Commitment
and Buyer's written objections. Buyer shall be deemed to have waived-any title objections
not made within the applicable ten (10) day period, except that this shall not operate as a
• waiver of Seller's covenant to deliver a statutory Warranty Deed.
9. TITLE CORRECTIONS AND REMEDIES. Seller shall have 60 days from receipt of
Buyer's written title objections to make title marketable. Liens or encumbrances for
liquidated amounts which can be released by payment or escrow from proceeds of closing
shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and
prompt. Pending correction of title, all payments required herein and the closing shall be
postponed.
A. If notice is given and Seller makes title marketable, then upon presentation
to Buyer of documentation establishing that title has been made marketable,.
and if not objected to in the same time and manner as the original title
objections, the closing shall take place within ten (10) business days or on the
scheduled closing date, whichever is later.
B. Seller proceeds in good faith to make title marketable but the 60 day period
expires without title being made marketable, Buyer may declare this
Agreement null and void by notice to Seller, neither party shall be liable for
damages hereunder to the other, and earnest money shall be refunded to
Buyers.
C. If the 60 day period expires without title being made marketable due to
• Seller's failure to proceed in food faith, Buyer may:
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1. Proceed to closing without waiver or merger in the deed of the •
objections to title and without waiver of any remedies, and may:
(a) seek damages, costs and reasonable attorney's fees from Seller as
permitted by law; or.
(b) undertake proceedings to correct the objections to title.
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2. Rescind this Purchase Agreement by notice as provided herein, in
i which case the Purchase Agreement shall be null and void and all
earnest money paid hereunder shall be refunded to Buyers;
3. Seek damages from Seller.
D. If title is marketable, or is made marketable as provided herein, and Buyer
defaults in any of the agreements herein, Seller may, as its sole remedy,
cancel this contract as provided by statute and retain all payments made
hereunder as liquidated damages.
E. If title is marketable, or is made marketable as.provided herein, and Seller
defaults in any of the agreements herein, Buyers may, as permitted by law:
1. Seek damages from Seller including costs and reasonable attorney's
fees; •
2. : Seek specific performance within six months after such right of action
arises.
10. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
11. CONTINGENCIES. This Agreement and Buyer's obligations hereunder are
contingent upon Buyer receiving all necessary approvals for the purchase of the Property
following all required administrative notices and hearings. If any required approval-is
not received by Buyer, this Agreement shall be null and void, neither party shall have any
further liability hereunder and all earnest money shall be returned to Buyer.
12. SELLER'S WARRANTIES AND REPRESENTATIONS. Seller warrants that(i)
there is a right of access to the real property from a public right of way, (ii) there has
been no labor or material furnished to the property for which payment has not been
made, (iii) there are no present violations of any restrictions relating to the use or
improvement of the property, and (iv) Seller knows of no hazardous substances or
petroleum products having been placed, stored, or released from or on the property by
any person in violation of any law, nor of any underground storage tanks having been
located on the property at any time, except as follows:
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These warranties shall survive the delivery of the deed. Seller shall remove all debris
and all personal property not included in this sale from the property before possession
date. Buyer shall have the right to have inspections of the property conducted prior to
closing.
13. COSTS. Seller will pay all costs of updating the Abstract of Title, issuing a
Registered Property Abstract or issuing a Commitment for an.Owner's Title Insurance
Policy. Buyer will pay all premiums required for the issuance of any Title Policy. Seller
and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent
or by the title company. Seller shall pay all State Deed Tax payable in-connection with this
transaction.
14. WELLS AND SEPTIC SYSTEM. Seller certifies and warrants that the Seller does
not know of any "Wells" on the Property within the meaning of Minn. Stat. § 103I. Seller
certifies that there is no individual sewage system on or serving the Property.
SELLER
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BUYER HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY, MINNESOTA
By
Its Chair
By ..
Its Exey6v iXctor
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EXHIBIT A •
LEGAL DESCRIPTION OF
2534 KENZIE TERRACE
COM AT A PT IN THE SELY LINE OF OLD ST. ANTHONY ROAD DIS 310 8&10
FT NELY FROM ITS INTERSECz WITH THE'S LINE OF NW 1&4 TH CONT
NELY 162 53&100 FT TH SELY'AT RT ANGLES 86.3&10 FT TH NELY AT RT
ANGLES 6 15&100 FT TH AT AN ANGLE TO THE RT OF 91 DEG O1 MIN A DIS
OF 48 8&10 FT TH W TO BEG EX HWY
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