Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC PACKET 10281997
Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozzsa Box: 22 Folder: CC PACKETS 1994-1998 Document: CC PACKET 10281997 C.stops►gn on Edward October 24, 1997 c4 3 14th Ve • NE. Michael J. Mornson, City Manager Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Mornson: Per our conversation Tuesday evening, we are writing you regarding the placement of a stop sign on Edward Street at 34th Avenue. Currently, the only traffic control on Edward Street is a yield sign on 35th Avenue (which is often ignored) giving speeders free run on Edward from 33rd Avenue to 36th Avenue. We have many children riding bikes and crossing the street to the bus stop on Edward Street and have witnessed drivers exceeding the speed limit every day. Presently, we have tire tracks on our front lawn from a reckless driver. With a stop sign on Edward Street at 34th Avenue (which is a school bus stop) , drivers will be slowed down, if not deterred, from using our street as an expressway. Attached, please find our neighbors ' signatures in support of a stop sign on Edward Street at 34th Avenue. Thank you for your attention to this matter. Sincerely, n 0 dr? Susan and Joseph Tonnell 3413 Edward Street NE St. Anthony Village, MN 55418 782-9332 fv As t—,-r L (2(2 9 N Ll b?Fj r 771- ,�� Ile 7-9 1 i�Y r 31V -Y,-y -9 . j 2? glp,5jc N �i�� L --S Pwrnp-3 oo�F UA <c PA y7' ry p TT. ��i,�J �u5i n esa. CITY OF ST. ANTHONY RESOLUTION 97-051 Q — ®S A RESOLUTION FOR A VARIANCE REQUEST FROM MINNESOTA RULES FOR STATE AID OPERATIONS, CHAPTER 8820, FOR 33RD AVENUE NE, FROM SILVER LAKE ROAD TO HIGHCREST ROAD WHEREAS, the City of St. Anthony intends to improve 33rd Avenue NE from Silver Lake Road to Highcrest Road; and WHEREAS, the City of St. Anthony intends to use State Aid funds to construct the improvements; and WHEREAS, a portion of the roadway does not meet minimum design speed requirements as specified in Minnesota Rules for Sate Aid Operations, Chapter 8820.9946. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony that a formal request is hereby made to the Minnesota Commissioner of Transportation to grant a variance from said Rules for the condition outlined.herein; and BE IT FURTHER RESOLVED, by the City Council of the City of St. Anthony that if said variance is granted by the Commissioner of Transportation, the City of St. Anthony agrees to indemnify, save and hold harmless the State of Minnesota, its agents and employees, of and from any and all claims, demands, actions, or causes of action arising out of or by reason of the construction of the roadway improvements in any manner other than in Minnesota Code of Agency Rules, Chapter 8820, or arising as a result of the Commissioner's decision to grant the variance, and further agrees to defend at the City's sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of said variance. Adopted this day of 1997. Mayor ATTEST: City Clerk Reviewed for administration: City Manager _wT . 2�PD rtS. STAFF REPORT . Plann ;ny /��1 l�00m m i ss DATE: October 28, 1997 TO: Michael J. Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Amendment to the Zoning Ordinance RE: Schools, Churches, Temples and Synagogues. Attached is a copy of the proposed amendment to Chapter 16, Zoning and Land Use, Section 1615 - R-1, Single Family District, regarding schools, churches, temples and synagogues. This revision of the zoning ordinance is the result of the City Attorney's suggestion that the City should establish regulations for these uses rather than trying to make them fit the parking and lot coverage restrictions of the R-1 zoning district. Churches, temples and synagogues are permitted conditional uses for the R-1 District, but cannot possibly adhere to the lot coverage and parking restrictions of this zoning district. In fact, all of the other churches in St. Anthony exceed the 35% lot coverage currently and two of the four churches have to park off-site on the adjacent residential streets. The pastor of the third church stated they have enough on-site parking and the fourth church uses the City Hall parking lot for overflow parking. When I asked the City Attorney about trying to accommodate the variance request, he stated that it is really not practical to try to fit this use into a strict adherence to the R-1 zoning and it could be challenged legally. If the City succeeded in granting these variances, it would set a precedent that would make the restrictions of this zoning district difficult to control. His advice was to amend the zoning ordinance to address only churches, temples and synagogues. I called Arden Hills, Columbia Heights, Coon Rapids and New Brighton because I knew that they had dealt with a similar situation. I also called the League of Minnesota Cities. The proposed amendment submitted for your review and consideration is a compilation of the ways these cities have dealt with lot coverage and parking for schools, churches, temples and synagogues. Coon Rapids states that schools, churches, temples and synagogues can have a building to land ratio of up to 40% but they have to adhere to R-1 setbacks. I would propose that St. Anthony consider a similar building to land ratio, using 35% as the maximum, and adhering to R-1 setbacks so that the whole lot is not paved. In this way, schools, churches, temples or synagogues would be able to install sufficient parking areas that would keep parking on-site and off residential streets, yet the amount of paved surfaces would be controlled. The Planning Commission asked that Staff determine the building coverage of the various church properties in St. Anthony using the building to land percentage of coverage. The following is an approximate calculation of those figures. Church Lot Size (Agprox.) Building Size % Faith Methodist 53,526 SF 17,874 SF 33% Nativity Lutheran 91,100 SF 13,376 SF 15% Elmwood Evangel. 91,257 SF 6,528 SF 7% St. Charles 249,614 SF (current) 47,427 SF 19% - ---If St. Charles Borromeo Catholic Church is granted permission to construct the fellowship hall, their building percentage will be at approximately 24%. i H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY REGULAR CITY COUNCIL MEETING AGENDA October 28, 1997 7:00 PM Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF OCTOBER 28, 1997 REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF OCTOBER 14, 1997 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. A. Licenses and Permits. B. Ron Hansen, re: Signage in the City. STEVE KOES, A 30 YEAR EMPLOYEE WITH THE CITY, WILL BE PRESENTED ® A RETIREMENT PLAQUE. VI. PRESENTATION OF CLAIMS. A. ' General: 1 . Rieke Carroll Muller Associates, Inc. - a. $22,352.91 . b. $2,151 .50. C. $4,936.61 . B. SAV II: 1 . HTW Investment Partners, Inc. - $1 ,908.00. 2. Lund Martin Construction - $100,700.00. C. Storm Water: 1 . WSB & Associates, Inc. - $2,693.00. D. Verified. VII. REPORTS. A. Planning Commission - October 21, 1997. 1 . Ordinance 1997-011, re: Lot coverage and parking for schools, churches, temples and synagogues (one reading and adopt). B. Councilmembers. C. Mayor. D. City Manager. Council Agenda October 28, 1997 • Page 2 VIII. PUBLIC HEARINGS - None. IX. NEW BUSINESS. A. Resolution 97-045, re: Approve plans and specifications and order advertisement for bids for 1998 street improvements project. B. Resolution 97-050, re: Approve plans and specifications and order advertisement for bids for the MSA street improvement project on 33rd Avenue NE. C. Resolution 97-051 , re: Application to the Minnesota Department of Transportation for a speed limit on 33rd Avenue NE (resolution will be handed out at the meeting). D. Resolution 97-048, re: Cleaning service contract with Compton's Commercial Cleaning, Inc. E. Resolution 97-049, re: Road maintenance services with Hennepin County. F. Discussion of City's participation in Adults & Children Together In Our Neighborhoods (ACTION). X. UNFINISHED BUSINESS. • A. Ordinance 1997-010, re: Cable franchise (2nd reading). XI. ADJOURNMENT. 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 OCTOBER 14, 1997 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: City Manager Mike Mornson and City Attorney William Soth. 10 Councilmembers Absent: None. 11 III. APPROVAL OF OCTOBER 14, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Enrooth to approve the October 14, 1997 Regular Council 13 Meeting Agenda with the following change: 14 IX. "New Business C. Ordinance 1997-010, Amending Cable Franchise Ordinance 1982- 15 009, Article II., Section 4. Franchise Term 16 17 Motion carried unanimously. IV. APPROVAL OF SEPTEMBER 23, 1997 CITY COUNCIL REGULAR MEETING 9 MINUTES. 20 Motion by Marks, second by Faust to approve the September 23, 1997 City Council Regular 21 Meeting Minutes as presented. 22 Motion carried unanimously. 23 V. LICENSES/PERMITS/PETITIONS. 24 Motion by Enrooth, second by Marks to approve the following licenses: 25 Contractors License: 26 Steve Zebro Cement Company, Coon Rapids, MN/working at 3320 Roosevelt Street . 27 Heating License: 28 Roseville Plumbing & Heating, Inc., St. Paul, MN/working at Freedom Service Station 29 Total Heating & A/C, Crystal, MN/working at 3408 Downers Drive 30 Aspen Heating and Air Conditioning/working at 4028 Macalaster Drive 31 Fisher-Bjork Sheetmetal Co., Inc./working at SAV Liquor Store-Apache 32 Motor Vehicle Starting License: 33 Dick's St. Anthony 66 Service 34 Garbage Haulers License: 35 Name change for Woodlake Sanitary Inc., BFI �6 to Waste Systems of North America, Inc./Residential Hauler/Same Owner City Council Regular Meeting Minutes October 14, 1997 Page 2 • 1 Councilmember Enrooth stated he would like to exclude the Contractor's License for Johnson 2 & Sons Concrete, Champlin, MN/working at 3327, 3331, and 3335 Skycroft Drive as the 3 work on these properties has been done for three weeks. He asked the City Manager to 4 investigate. 5 6 Motion carried unanimously. 7 Motion by Faust, second by Wagner to approve a temporary wine permit for St. Charles 8 Borromeo Church, Affirming the Faith Dinner/November 8, 1997, 2727 Stinson Boulevard. 9 Voting on the motion: Ranallo, Enrooth, Faust and Wagner aye. Marks abstained. 10 Motion carried. 11 Mayor Ranallo asked what recourse the City would have against Johnson & Sons Concrete. 12 City Attorney William Soth stated that the City can grant or deny the license. The work 13 being done without a license is a violation and Johnson & Sons Concrete can be issued a 14 citation. 15 VI. PRESENTATION OF CLAIMS. • 16 Motion by Marks, second by Wagner to approve the following claims: 17 18 A. General. 19 1. Calgon Carbon Corporation 20 a. In the amount of $19,257.60 for material for water filtration system. 21 b. In the amount of$18,758.40 for material for water filtration system. 22 C. In the amount of$38,649.60 for material for water filtration system. 23 2. Dorsey & Whitney in the amount of$715.64 for legal services rendered 24 through August 31, 1997. 25 3. Foster, Ojile, Wentzell, & Brever in the amount of$3,000.00 for professional 26 services rendered for the month of October 1997. 27 4. St. Anthony Fire Relief Association in the amount of $24,824.00 for 2% 28 insurance premium payment for fire relief. 29 B. 1997 Street Improvements: 30 1. Northdale Construction in the amount of$29,288.50 for Payment Application 31 #3. 32 C. Storm Water 33 1. Dorsey & Whitney in the amount of$1,334.58 for legal services rendered 34 through August 31, 1997. 35 2. WSB & Associates, Inc. in the amount of$1,443.50 for professional services 36 rendered August 1 through August 31, 1997. • City Council Regular Meeting Minutes October 14, 1997 • Page 3 1 D. New Liquor Store 2 1. Dorsey & Whitney in the amount of$3;500.00 for legal services rendered 3 through August 31, 1997 regarding $940,000 Liquor Revenue Bonds, Series 4 1997. 5 2. KKE Architects, Inc. in the amount of$2,289.03 for services rendered through 6 August 29, 1997. 7 3. Lund Martin Construction in the amount of$100,247.80 for Payment 8 Application #2. 9 E. 6 pages of Verified Claims as presented by the Finance Director. 10 Motion carried unanimously. 11 VII. REPORTS. 12 A. Discussion of Storm Water Recommendations. 13 City Manager Mornson referred to the report entitled, "City's responses to the Storm Water 14 Management Task Force's Short-Term Recommendations for Flood Damage Control". Copies 15 were available for the audience. 16 Mornson reported that in response to the Task Force recommendations 1. and 2. Data 7 Collection, on September 26, 1997, staff sent a letter to the 55 property owners who have identified themselves as suffering damage from the July 1 storm, which requested updated 9 damage estimates to both structural and personal property. A notice was also published in the 20 St. Anthony Bulletin and posted at City Hall. The process is still ongoing and to date the 21 City has received three responses. The City has also received a number of calls from 22 residents who state they have already done this and do not want to do so again. Mornson 23 noted that as a result of the City Fire Departments quick response in obtaining this 24 information from door to door surveys, the flood damage has been well explained to the State 25 Officials. There has been a lot of hesitation by the public to provide this information to the 26 City. 27 City Attorney Soth commented on Task Force recommendation 3. Home Buy-Outs. He stated 28 that as discussed before, the City is legally authorized to buy homes if it is concluded to be in 29 the best interest of the City. In other words, if the purchase provides the best use to correct 30 the water problem. This depends on the engineer's opinion of what area can be used for 31 ponding and water retention. 32 In regard to Task Force recommendation 4. Technical Assistance, Mr. Soth explained that if 33 this is meant to provide professional assistance to individual home-owners, the City cannot 34, legally provide this service. This service can only be provided if it done on a city-wide basis. 35 It was also suggested that the City provide funds to improve certain homes. This is not 36 legally possible as it would be a private expenditure rather than a public expenditure. In regard to Task Force recommendation 5. Moratorium on Building, Mr. Soth explained that 38 it is possible under state statutes to adopt a moratorium. This is most frequently done for the 39 purpose of reviewing an ordinance and considering changes to an ordinance. A moratorium City Council Regular Meeting Minutes October 14, 1997 Page 4 • 1 does not appear to be the correct way to approach the water problem. Any moratorium is put 2 in place on a temporary basis. This water problem needs to be dealt with on an ongoing 3 basis. Any redevelopment project should be addressed individually by Staff to determine if it 4 aggravates the water problem. If it does not, there is no reason to prohibit redevelopment. 5 In regard to Task Force recommendation 6. Change in the Storm Water/Sewer Sump Pump 6 Ordinance, Mr. Soth reported the City of St. Anthony does have an ordinance that prohibits 7 the connection of sump pump to the sanitary sewer system. A provision of the ordinance 8 requires that an inspection be made at the time of the sale of a property. The seller is 9 required to provide the buyer with a certificate stating that there are no illegal connections. 10 This is sometimes done and sometimes not. Mr. Soth stated he and Staff are currently 11 looking at the ordinance to determine how to make it more stringent and also the possibility 12 of offering incentives for compliance. 13 In regard to Task Force recommendation 10. Providing Financial Relief to Residents, Mr. 14 Soth stated that as individual prior opinions and the opinion of the League of Minnesota 15 Cities have expressed, this is not a permissible expenditure of City funds. Data is being 16 compiled by the City in the hope that State funds will be available because City funds are not 17 available for direct payment to the residents. 18 Peter Willenbring and Todd Hubmer, WSB & Associates,' Inc. distributed a memorandum on • 19 the subject of review of short term recommendations by the Flood Task Force. Mr. 20 Willenbring reported that at the City Council meeting of September 23, 1997, the Council 21 requested WSB & Associates to provide an engineering opinion on the advisability of 22 undertaking the home buyouts recommended by the Flood Task Force. Their review of the 23 recommendation is in three parts; Discussion of Ranking Criteria, Discussion of Prioritization, 24 and Analysis of Technical Merits of Constructing Improvements on Property Proposed for 25 Home Buyouts. 26 In regard to the Discussion of Ranking Criteria, Mr. Willenbring noted that the Flood Task 27 Force had recommended the purchase of the following homes: 2716 St. Anthony Boulevard, 28 2713 St. Anthony Boulevard, 2914 29th Avenue, 4029 Shamrock Drive, and 2800 St. 29 Anthony Boulevard. The Task Force recommendations indicated that these homes were 30 prioritized based on the following: Amount of damage caused by flood water only; The 31 number of incidences the homes have been flooded; The suitability of the home's location in 32 order to provide water control solutions for other homes. Mr. Willenbring stated that 33 although WSB & Associates fully supports the utilization of these three criteria, they would 34 also recommend other criteria be incorporated into the ranking and prioritization process to 35 further define the needs for purchasing"homes and/or undertake improvements to correct 36 flooding problems in the area if such action is warranted. These additional criteria include: 37 1. Giving consideration to the level of flood protection that is currently provided to the 38 home relative to the flood protection provided and deemed'reasonable in other • 39 communities. Mr. Willenbring stated the storms which occurred on July 1 and July 23 40 both exceeded the amount of rainfall typically utilized in the design of a storm City Council Regular Meeting Minutes October 14, 1997 • Page 5 1 drainage system. The cost associated with that level of protection is generally too high 2 relative to the occurrences. 3 2. Evaluating the feasibility and cost-effectiveness of flood proofing the property instead 4 of purchasing it. 5 3. Determining and defining if the purchase of the property provides a public benefit so 6 as to meet the legal requirements of such a purchase. 7 In regard to the Discussion of Prioritization, Mr. Willenbring reported WSB has reviewed the 8 prioritized home buyout list provided by the Task Force for conformance with the criteria 9 utilized, and gave general consideration to the other 50 homes surveyed by the City and 10 identified to have been flooded in the July 1 event. He provided two flood damage inventory 11 tables with a listing of the homes that experienced flood damage. One is sorted by the 12 amount of damage reported in the July 1, 1997 event and the other is sorted by the number of 13 times the homes have been flooded. The review indicates that there is a potential that some 14 of the other 50 homes could rank higher based on these three prioritized criteria than the five 15 identified in the Task Force report. He noted that 2709 Armour Terrace reported their home 16 was flooded more than 20 times, making it the most frequently flooded home in the City, and 17 3503 Edward Street reported that their south basement wall collapsed, one of two homes with 18 reported structural damage. These two homes were not included on the list provided by the 19 Task Force. Mr. Willenbring asked that the Task Force provide WSB with additional • information in regard to the ranking of the homes chosen for buyout relative to criteria. 21 In regard to the Analysis of Technical Merits of Constructing Improvements on Property 22 Proposed for Home Buyouts, Mr. Willenbring explained a review of the technical merits of 23 buying these homes to construct improvements in their location to alleviate flooding problems 24 was also undertaken. Interviews were conducted with residents at these locations, the July 1, 25 1997 high water marks were recorded, low building elevations of those homes affected and 26 not affected by flooding in these locations were recorded, and the hydrologic merits of 27 constructing improvements at these locations were reviewed. WSB then reported the problem, 28 the preliminary findings, and proposed actions for each home on the Task Force list. 29 In summary, Mr. Willenbring stated the recommendations of WSB are as follows: 30 1. The public benefit associated with the purchase of these homes be defined. To 31 accomplish this, the City should be broken into thirteen study areas as shown in Figure 32 4. For each area, the regional improvements needed to correct the flooding problems 33 should be evaluated, along with an estimated cost for these improvements. Each of 34 these areas could then be prioritized based on the cost/benefit ratio for each of these 35 public improvements. 36 2. The City define a desired level of flood protection for homes in the City. It must be 37 noted that the July 23, 1987 storm and the July 1, 1997 storm far exceeded any design parameters commonly used in providing flood protection to residents within the Twin Cities' metropolitan area. It is also noted that the City will never be able to guarantee 068 4 flooding will never take place in a selected location, even if improvements are 41 constructed. City Council Regular Meeting Minutes October 14, 1997 Page 6 • 1 3. The sanitary sewer and storm water issues be approached as two separate problems 2 within the City of St. Anthony. Sanitary sewer backup is a chief means of inundation 3 of many structures within the City and the solutions are different from storm water 4 problems. 5 4. The prioritization of homes considered for buyout be re-evaluated based on the 6 suggested updated criteria and further review of the background data utilized by the 7 Task Force. 8 Mr. Willenbring reported WSB also investigated the cost to provide technical assistance for 9 flood proofing homes. The cost would be between $400 to $1,000 per lot. The work would 10 typically include the need for a survey of the homeowner's lot, an engineering inspection of 11 the property and the preparation of a memorandum outlining the results of the inspection, and 12 recommendations for flood proofing improvements. These improvements could include 13 berming, diking, pumping, etc. 14 Marks asked if the cost to provide technical assistance would only be assessed to the lots that 15 require change. 16 Mr. Willenbring stated he understood that the City would be required to make the program 17 available to all residents in the City but that he did not believe that every structure in the City 18 of St. Anthony would require flood proofing improvements. • 19 Enrooth questioned recommendation #3 in regard to separating sanitary sewer and storm water 20 issues. 21 Mr. Willenbring explained that this recommendation focuses more on the criteria used to 22 respond to the problem. The homes experiencing storm sewer back up may not be located in 23 the lowest areas and the criteria which applies to storm water problems may not apply to 24 homes with sanitary sewer problems. 25 Norine Lockrem, 2916 Old Highway 8, stated she no longer lives at 2716 St. Anthony 26 Boulevard. She and her husband moved two weeks ago. She stated it is a difficult position 27 to be in owning two homes but there was no alternative. 28 Mrs. Lockrem referred to the criteria of the WSB report which sorted by the number of times 29 flooded. She suggested that this information may not be accurate as some residents have 30 lived in their homes for over 40 years and know how many times the homes have been 31 flooded. Others may have only lived in their homes for 10 years and would not have that 32 information available to them. 33 Mr. Willenbring stated he agreed. He stated there is a need to perform a more thorough 34 analysis of the information provided by the survey. This is the rationale for the 35 recommendation to talk with the Task Force in regard to the information they used to • 36 prioritize the home for buyouts. Mr. Willenbring stated the information used was taken City Council Regular Meeting Minutes October 14, 1997 • Page 7 1 directly from the survey form which was the same information which was provided to the 2 Task Force. 3 Mrs. Lockrem stated the statement in the WSB report regarding the number of times flooded 4 could be misleading and she would like a footnote added which would clarify the point just 5 discussed. 6 Mrs. Lockrem stated that criteria #1, on page 2 of the WSB report is confusing. She 7 questioned if it inferred that because she and her husband had only constructed a three foot 8 wall that they had not done a reasonable job in protecting their home from flooding. She 9 stated she did not believe this was true. 10 Mr. Willenbring stated that criteria was not specifically aimed at the Lockrem property. He 11 explained that another goal in preparing this report is to help the City define the public 12 purpose to allow the purchase of the homes. In order to define the public purpose, WSB 13 needs to determine design standards. WSB needs to be told how much rain they need to 14 design for. 15 Mrs, Lockrem verified that WSB was referring to the City providing flood protection in 6 criteria #1. 7 Mr. Willenbring stated this was correct. 18 Enrooth noted that the City, together with the Task Force, needed to determine the degree of 19 flood protection and that most storm sewers are designed for a ten-year event. 20 Mrs. Lockrem questioned the WSB summary recommendation #1 on page 6. She noted that 21 the City and residents need information to present to the legislature within the next month. 22 She asked how long it would take to study thirteen areas and if this was a reasonable 23 recommendation. She stated she was feeling a great deal of pressure and noted that Senator 24 Marty has stated that he needs a recommendation by the 1st of November. 25 Mr. Willenbring explained that different areas require different levels of study. Each study. 26 area will require approximately 40 to 100 man-hours. This would be 2 to 3 weeks in each 27 area including survey time. 28 Mrs. Lockrem stated she feared the residents were going to miss the boat again. She 29 questioned if it was reasonable to think that something will be ready for the legislature. 30 Mrs. Lockrem then referred to the letter from Dorsey and Whitney dated September 17, 1997. 31 The last paragraph on the first page states, "Such a conclusion would have to be based upon findings established by engineers and could not be based solely upon the desire to be of assistance to homeowners." She stated that she believed the third factual piece to this is that 34 her property is used as an overflow catch basin for the City of St. Anthony but unfortunately 35 her house is on the property. This is not an either/or issue. City Council Regular Meeting Minutes October 14, 1997 Page 8 1 Mrs. Lockrem then referred to the letter from the Fire Chief dated October 3, 1997. The first 2 paragraph under Conclusion states, "The north end of the community rarely sees a City 3 response during a storm because all of our resources are consumed on the south end. 4 Consequently, the north end residents are more self-reliant (cleaning out grates, etc.) than 5 residents on the south end." She stated that every single time it rains her husband and many 6 of the neighbors are out cleaning grates. She stated it disturbs her to see the Fire Chief make 7 an assumption like that. 8 Wagner agreed with Mrs. Lockrem that there is a lack of self-reliance on the north end. 9 Many of the grates on the north end are not cleaned out. 10 Marcia St. Hilaire, 2800 St. Anthony Boulevard, stated she was speaking this evening on 11 behalf of her mother who owns the home at this address. She stated that in the 47 years that 12 she has been affiliated with this house, the sewer had never kept up to the rainfall. She stated 13 that as a young girl she would wade through the water and people whose cars had flooded 14 would knock on the door at 3:00 A.M. and spend the night at the house. This area has been a 15 holding pond for her entire life. She noted that her mother's house has not sustained major 16 damage to the upper portion and asked that if a buyout did occur, would the home be 17 destroyed or moved. She also asked what value would be used to purchase the homes. 18 Mayor Ranallo stated this has not been discussed. Mornson stated the Task Force short-term • 19 recommendations utilized the market value based on the 1997 tax assessor's figures. 20 Mike Jacobs, 2914-29th Avenue NE, noted that there were a number of people in the 21 audience who did not receive the survey sent by the City. He asked who was responsible for 22 sending out the survey. He noted he had recommended at the last meeting that the survey be 23 included in the water bill. He stated residents not receivin g survey has resulted in Y 24 information that is erroneous and has not been calculated properly to determine the number of 25 houses affected and the damages. 26 Morrison explained that this is why the City had the Fire Department go door to door with the 27 survey. If people were not home the survey was left on their door. Staff has now sent a 28 letter to the 55 people who filled out the initial survey. 29 A number of residents in the audience stated they had not received the letter from the City. 30 Morrison noted that the process is ongoing and this is an obvious oversight. He stated Staff is 31 working with a couple of lists and he would investigate this problem. 32 Mr. Jacobs stated he wanted the letter to be sent in the water bill because everyone reads that. 33 He noted that the St. Anthony Bulletin does not get to every house in the City. 34 Mayor Ranallo noted that this was not possible because the water bill had been sent out even is 35 previous to the last City Council meeting. He suggested a letter be sent to every resident in 36 the City. City Council Regular Meeting Minutes October 14, 1997 • Page 9 1 Enrooth suggested the letter be sent with the City quarterly newsletter. He asked if there was 2 anyone in the audience who did not receive the newsletter. 3 There was no response. 4 Wagner asked if Mr. Jacobs was saying that there were a lot of people who had sustained 5 damage that were not on the list. 6 Mr. Jacobs stated there are. He stated he is part of the Task Force that has worked 7 extensively formulating the short-term necessities which in a matter of a few minutes have 8 been shot down. He stated that this is a bunch of crap. He stated that if 54 houses are 9 affected, that is the public. Even one person is the public. He questioned the purpose of the 10 Task Force if everything they suggest is shot down and not even considered. 11 Mr. Jacobs stated the new actuary tables are needed now. The Task Force is working with 12 tables from 1961. He stated the July 1 event was not a 100 year storm and cannot be blamed 13 on God. The residents need to be protected and they look to their public servants to take 14 responsibility for them. He stated he was frustrated that no one is rising to the occasion. He 15 stated he cannot apologize as the frustration runs too deep and that if this affected the 16 Councilmember's family life they would consider it differently. He noted that several of the •7 residents have a chronological history of all the flooding which has occurred in the past 40 18 years and the articles which state that nothing has been done to correct the problem. He 19 stated that he can walk out tonight with his head held high because he has tried to do 20 something right and asked if any of the Councilmembers could do the same. 21 Wagner asked if the surveys of the thirteen locations included consideration of the piping 22 which went from the City and out to other connections. 23 Mr. Willenbring stated WSB has no control over piping outside of the City border. He 24 explained that in the study WSB identifies the need to define the public benefit. The City can 25 undertake any\or all of the recommendations at the same time. WSB can begin at once. 26 Most of the resources can be done is short order. He noted it was not a good idea to have a 27 large number of engineers work on the project because that would not provide a consistent 28 approach to the study. He stated that each of the study areas would require approximately 1.5 29 weeks or 60 hours of engineering. There are thirteen areas and if three people were working 30 on the study, a substantial report could be completed within two to three months. Preliminary 31 feedback could be provided sooner. 32 Enrooth asked if a report for submittal to Senator Marty could be completed by November 1. 33 Mayor Ranallo noted he thought Senator Marty needed a report by the end of November. 34 Mr. Willenbring stated WSB could have a product ready by then. •5 Mr. Hubmer stated WSB was close to having the resources necessary to provide a 36 recommendation and a reasonable estimated cost for the legislature. City Council Regular Meeting Minutes October 14, 1997 Page 10 • 1 Morrison noted a report was also needed for submittal to FEMA and for the application for 2 Housing Assistance funds. The application for Housing Assistance funds is needed by the end 3 of October. . 4 Mr. Willenbring stated a grant application describes in adequate detail the considered findings 5 and a way to sell the project. It would require considerably less detail. He stated WSB could 6 provide that type of documentation within two to six weeks. 7 Enrooth suggested Staff contact Senator Marty to reconfirm his deadline for information. 8 Mrs. Lockrem questioned what grants the City was pursuing. 9 Morrison explained that a preliminary grant application has been filed with FEMA. The other 10 grant is through the Minnesota Housing Finance Agency. 11 Mrs. Lockrem asked Mr. Willenbring to explain the difference between a 10 year and a 100 12 year storm event. 13 Mr. Willenbring explained that the U.S. Weather Bureau had collected rain measurements 14 from 1853 through 1961 and plotted the results. They then created a table called the TP40. 15 He explained that a 100 year storm is the biggest event seen in a 100 year period. A 100 • 16 year storm has a 1% chance of occurring within any single year. Since 1961 there has been 17 an indication that the Twin Cities will receive a greater amount of rain during a period of 18 time than received prior to 1961. As a result some cities are designing their storm water 19 systems to accommodate 30% greater than the 100 year standard. 20 Jane Hintz, noted that at the last Task Force meeting it was agreed that they would like to see 21 a 100 year event plus the 30% for storm water capacity. 22 Mr. Willenbring acknowledged that the Task Force had voted and agreed that this is the 23 standard they would like for the future. 24 Morrison noted this motion was not presented to the City Council as those minutes have not 25 yet been approved. 26 Mornson distributed a pad to the audience and asked anyone who had not received a copy of 27 either report this evening or had not received a survey to provide their name and address. 28 Mary Jean Higgins, 2712 St. Anthony Boulevard, asked why removal of the two homes on St. 29 Anthony Boulevard would not provide enough storm water storage but removal of one home 30 on either Shamrock or Fordham would. 31 Mr. Hubmer stated that the 1992 Barr Engineering Study states that a holding pond in the • 32 area of St. Anthony Boulevard would need to have the capacity of 70 acre feet of storm water 33 to contain a 100 year storm event. He explained that the property on Shamrock and the flow City Council Regular Meeting Minutes October 14, 1997 • Page 11 1 of storm water is different. All three properties in that area have walk-outs at a low elevation 2 with adjacent catch basins. The flood water was three feet at the highest point on the 3 foundation was adjacent. It is possible that the flood proofing of all three homes and 4 regrading the backyards areas, could solve the flooding problem. He noted that the water 5 does not stand long in this area. Even after the July 1 storm the water was down in less than 6 two hours. 7 Ms. Higgins stated that she felt that there was a bigger problem on St. Anthony Boulevard 8 and that even the reduction of one home would help. 9 Mr. Hubmer stated there is also an economic side to this. It may be possible to provide 10 protection at less of a cost than purchasing the home. He also noted that the two lots together 11 are only 3/4 of an acre at the most and to provide the necessary holding pond on that size lot 12 it would have to be 140 feet deep. This would not be reasonable at this location. 13 Ms. Higgins stated that St. Anthony Boulevard is a beautiful street and an asset to the City. 14 She felt that a holding pond may distract from that but that it could possibly be landscaped. 15 She did not necessarily want a big holding pond next to her home but felt that removing the 16 Lockrem home and providing the additional green space would help the situation. �7 Mr. Hubmer stated he did not believe, that the removal of a single home would prevent the 8 inundation of other homes. Most of the water in the St. Anthony Boulevard area comes in 19 from another area. If the house is removed the only water removed would be that coming 20 from the roof and the driveway. 21 Marks noted that at one time that area on St. Anthony Boulevard was swamps and 22 marshlands. He asked if the water table being high in that area could be a contributing factor. 23 Mr. Hubmer noted that some resident's pumps on W. Armour Terrace are operating 24 continuously. He stated this could have an impact but he did not know to what extent. 25 John Kuharski, 2709 Pahl Avenue, stated he felt that the short-term solutions were being 26 combined with the long-term solutions. The Task Force's idea to buy-out the homes was a 27 short-term solution. This would not solve the problem but would help residents to not get 28 water in their basements. He stated that if the water had been another two inches lower he 29 would not have gotten water in his basement. He stated that Mr. Willenbring has stated that 30 he received all his information from the survey but the owner of the house at 2709 Armour 31 Terrace has stated that she never received a survey. The Task Force considered the home at 32 3503 Edward Street as the sixth house on their list of buy-outs because this was the first 33 occurrence of flooding to that property. W. Kuharski stated that on September 10, at the 34 Task Force meeting, he asked if the City could reimburse residents for damage to their home 35 due to water being stored on public property. He still has not received an answer. •6 Morrison stated that this issue was answered on Page 10 of the City's report. The City does 37 not have the discretion to reimburse residents for damage to their property. City Council Regular Meeting Minutes October 14, 1997 Page 12 • 1 Mr. Kuharski stated that three weeks ago he had asked the City Council to vote on the short- 2 term solutions recommended by the Task Force. The Council did vote on the first two. He 3 asked that the Council vote on the others this evening. The Council should vote and get it on 4 record. 5 Steve Bartz, stated he had not gotten water in his basement but as an outsider looking in he 6 could see the frustration. He stated that his heart goes out to all involved but it seems like 7 everybody is fighting with everybody. This has to get resolved and asked what will happen if 8 the City does not receive any grant money. 9 Mayor Ranallo stated he would like WSB to start the study tomorrow morning. 10 Faust noted that the City can purchase the property if it is in the overall public good. He 11 stated that the frustration level for everyone is very great. The goals are the same but the 12 time lines are different. The Council has a fiduciary responsibility and has to do things 13 according to state statutes. He stated he believed that if the City does not get any grant 14 money they will still do something. 15 Mr. Jacobs displayed newspaper articles dating back to 1988 in regard to the flooding 16 problem. He stated he could see the City finding a reason to back out and doing nothing 17 again. Everything that has been suggested by the Task Force has been shot down • 18 systematically by WSB. He stated he understood that WSB worked for the City. 19 Faust stated that WSB works for all of us and that he was sorry that Mr. Jacobs felt that way. 20 He would like to work together to try to bring this issue to resolution. Faust stated the 21 residents and the Council are on the same team and the Council is doing as much as they can. 22 Mayor Ranallo commented that in 1992 when Barr's report was received and the Council 23 approved a $3.00 per quarter charge per tax payer to put money into the flood program 24 everyone complained. He stated he agrees with the Task Force recommendation to raise this 25 fee to $36 per year but knows that once again everyone is going to complain. He stated that 26 he was perturbed. There were no children at the last Council meeting, yet he received an 27 unanimous call at 10:30 P.M. stating that there was graffiti on a Councilmember's picture in 28 the City Hall. These were adults who did this, not kids. Mayor stated it saddened him to 29 have children in the audience witness this behavior from adults. 30 Mr. Jacobs stated he wanted it on record that just because his dad was well off, it did not 31 mean he would offer his son assistance and hoped that no one had that perception. 32 Mr. Kuharski stated his son and friends were embarrassed to see a Council who were doing 33 nothing and who had done nothing for the past 20 to 40 years. He demanded to know if the 34 Council would be voting on the short-term solutions 3 through 11 that were presented by the 35 Task Force. • 36 Mayor Ranallo stated he did not know. City Council Regular Meeting Minutes October 14, 1997 • Page 13 1 Wagner stated he believed that if the City was to have any chance of obtaining any funds they 2 needed to move ahead with the study immediately. He did not see any question. 3 Motion by Enrooth, second by Wagner to accept the report as presented by WSB and move 4 forward in the process immediately of collecting the information necessary to meet the grant 5 criteria as discussed this evening. 6 Motion carried unanimously. 7 8 The Council proceeded to discuss each of the short-term recommendations of the Task Force. 9 There was Council consensus that recommendations #3 and #4 had been discussed and 10 explained adequately. 11 Marks noted in regard to recommendation #5 that a moratorium on building would not have a 12 significant positive effect. 13 Mr. Willenbring stated that additional asphalt or concrete which would cover existing land 14 would have an effect on run-off. However, it would not be a significant, measurable, or 15 visibly observable effect. Wagner noted that most of the redevelopment includes a holding pond. 17 Mr. Willenbring stated that as part of any redevelopment the City can require a ponding area. 18 This would result in a benefit rather than a negative effect. 19 Marks noted that three holding ponds have been installed at Apache and one at City Hall as a 20 result of redevelopment. The redevelopment is actually having a positive effect. He 21 suggested that the City could adopt a policy to use redevelopment as an opportunity to help 22 handle the storm water. 23 Enrooth suggested the Building Inspector could be directed to specifically address the issue of 24 run-off on each building permit. 25 Morrison stated he did not feel the Building Inspector was educated in this area. The Building 26 Inspector is aware that City Policy is that any issues regarding run-off are to be referred to 27 the appropriate City Staff. This has been City Policy since it was recommended in the Barr 28 Engineering Study of 1992. Developments of 2.5 acres or more are also required to abide by 29 the Watershed District requirements. Staff also advises any development, even if less than 2.5 30 acres, to check with the Watershed District. 31 There was Council consensus that this issue was being adequately addressed without the use 32 of a moratorium on building in the City. 03 Ms. Hintz stated there is a rumor that the Town and Country e is being sold and will u'Y p p rtY n g 34 be developed into townhomes and condominiums. City Council Regular Meeting Minutes October 14, 1997 Page 14 • 1 Wagner stated that property is not zoned residential and townhomes could not be built without 2 the approval of the City Council. 3 Mayor Ranallo noted that the Atwood property was commercial but was rezoned to residential 4 and was required to install holding ponds. Wagner stated that holding ponds were required 5 for the Village Green townhome development where he lives. 6 In regard to recommendation #6, Morrison stated that the recommendation is to change the 7 sump pump ordinance by May 1, 1998. The current ordinance requires inspection at the point 8 of sale. This was done for economic purposes. Staff will draft a revised ordinance for Task 9 Force review. The ordinance change will then require three readings. 10 Enrooth noted the White Bear Lake ordinance on sump pumps was very stringent. He stated 11 he would supply a copy of that ordinance to Staff. 12 Morrison noted that the City of Plymouth's ordinance only allows residents one year for 13 compliance and if residents do not allow an inspection, they can be fined up to $100. 14 Mayor Ranallo asked if the change to the ordinance could be accelerated. 15 Morrison stated Staff can begin to work on the Ordinance immediately and possibly have a • 16 draft by the November 4 City Council meeting. 17 Mr. Jacobs noted that White Bear Lake was part of the National Insurance Program and 18 compliance with the ordinance is mandatory to maintain insurance coverage. 19 There was Council consensus that recommendation #7 and #8 were not feasible as the Fire 20 Department did not have enough man hours and the cost factor involved. There was a 21 question of who would be allowed to use the six generators if there were ten generators 22 needed and also a liability issue. 23 In regard to recommendation #9, Morrison reported that the suggested sources of funding are 24 available. There was Council consensus to proceed with the increase in the storm sewer rates 25 of $9.00 per quarter. This will be included on the November 4 City Council agenda for 26 consideration. Morrison noted that Staff has sought to secure outside funding at the Special 27 Session of the Legislature, through the DNR, Metropolitan Council, etc., and both Hennepin 28 and Ramsey Counties as well as federal funds. None of these sources could assist due to the 29 lack of funding and the fact that St. Anthony exceeds income limits. Staff is currently 30 working with the Minnesota Housing Finance Agency and FEMA for flood protection grants. 31 There was Council consensus that recommendations #10 and #11 had been discussed and 32 explained adequately. • City Council Regular Meeting Minutes October 14, 1997 • Page 15 1 B. Councilmembers - None. 2 3 C. Mayor - None. 4 5 D. City Manager. 6 1. New Public Works Director. 7 Morrison reported that the new Public Works Director is Jay Hartman, who is a 16 8 year employee with the City. He was unable to attend the meeting this evening as he 9 is currently finishing his Business Administrative Degree but will be at the November 10 3 Truth in Taxation meeting. Morrison noted the upcoming retirement party for Larry 11 Hamer and reminded Council of the deadline for the form. 12 2. Meeting - 37th Avenue NE 13 Morrison reported about a meeting last Thursday in regard to safety issues on 37th 14 Avenue NE which was attended by the School District Superintendent, Ramsey County 15 Commissioner and the Wilshire Park Elementary School Principal. Safety concerns 16 have been raised for students crossing 37th Avenue NE. It was agreed that 17 representatives of the six jurisdictions involved, Hennepin and Ramsey Counties, St. 18 Anthony, New Brighton, Roseville, and the School District, will meet and discuss the 19 issue. 00 3. Meeting with Falcon Heights and Lauderdale re: Police Services 21 Mornson reported the meeting went great. The contracts will expire in 1998. Staff 22 will begin working on the new contracts. 23 4. Meeting Dates 24 Mornson noted the November 11 Regular Meeting will be November 4 at 8:00 P.M. 25 due to the local election. The Council's Regular Meeting schedule to the end of the 26 year will be as follows: October 28, November 4, November 25, December 3, and 27 December 17. 28 5. Neighborhood Meetings 1998 Street Projects 29 Morrison reported the neighborhood meetings for the 1998 Street Projects, including 30 the 33rd Avenue NE improvements are scheduled for October 21. 31 6. Liquor Store Update 32 Morrison reported installation of the new roof membrane was started today and will 33 cost $25,000 to $35,000. Most of the windows are in and they are still anticipating 34 opening between November 11 and 15. Part of the purchase of the Tires Plus property 35 included the installation of a tire storage area in an amount not to exceed $6,800. This 36 cost has now been estimated at $9,800. The owner of Tires Plus has agreed to pay the 37 extra $3,000. • City Council Regular Meeting Minutes October 14, 1997 Page 16 • 1 7. Hennepin County Road Contract 2 Morrison stated the Hennepin County Road Contract which reimburses the City 3 $10,250 for snow and sand removal will be on the October 28 agenda. 4 8. Compton's Cleaning Contract 5 Morrison reported the Compton's Cleaning Contract will be on the October 28 agenda. 6 They are providing an excellent service and are not proposing an increase in rate. 7 9. Clark Station Property Update 8 Morrison reported there is a developer interested in developing townhomes on this site. 9 The project is currently in the site plan review stage and Staff is paying special 10 attention to the drainage issues on the site. 11 10. Kenzie Terrace 12 Morrison reported the City closed on this home two weeks ago. DKH bid $6,000 to 13 demolish the home, compared to Belair Builder's bid of$7,500 and was awarded the 14 j ob. 15 11. ACTION Request 16 Morrison reported this request will be on the October 28 agenda. 17 Mayor Ranallo read a note that was left by Anthony Kazcor in regard to graffiti on the traffic • 18 signal at 33rd Avenue and the bus stop. He asked that the City adopt a zero tolerance policy 19 to graffiti. 20 VIII. PUBLIC HEARINGS - None. 21 IX. NEW BUSINESS. 22 A. Resolution 97-046, res Building Inspector Contract. 23 Motion by Marks, second by Enrooth to approve Resolution 97-046, appointing a Building 24 Official and approving the Agreement for Building Inspection services. 25 26 Motion carried unanimously. 27 B. Resolution 97-047, re: Application for Community Rehabilitation Funds. 28 Motion by Marks, second by Faust to approve Resolution 97-047, authorizing application for 29 Community Rehabilitation Funds from the Minnesota Housing Finance Agency Program. 30 Motion carried unanimously. 31 C. Ordinance 1997-010, re: Amending Cable Franchise Ordinance ( 1st Reading ). 32 Mayor Ranallo reported that the Cable Franchise needs to be renewed but at this point that 33 needs to be stalled due to ownership problems. This Ordinance will allow the Franchise to 34 continue until January 19, 1998. Hopefully by that time a new owner will be in place and a • 35 new Franchise Agreement will be provided. City Council Regular Meeting Minutes October 14, 1997 • Page 17 1 Motion by Wagner, second by Marks to approve the 1st reading of Ordinance 1997-010, 2 amending Cable Franchise Ordinance 1982-009, Article 11., Section 4, Franchise Term. 3 Motion carried-unanimously. 4 X. UNFINISHED BUSINESS - None. 5 XI. ADJOURNMENT. 6 Motion by Marks, second by Enrooth to adjourn the meeting at 9:40 P.M. 7 Motion carried unanimously. 8. Respectfully submitted, 9 Lorri Kopischke 10 Timesaver Off Site Secretarial, Inc. 1 2 Mayor 13 ATTEST: 14 City Clerk Saint Anthony Village • DATE: October 28, 1997 Approval: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval Heating License: D.A. Distribution dba: Condor Fireplace& Stone Company, Spring Lake Park Care Air Conditioning & Heating Inc, New-Brighton, MN Whelan-Davis Company, Inc., Bloomington, MN Silvernail Enterprises, LTD, Robbinsdale, MN Metro Sheet Metal, Inc., Maplewood, MN • Motor Vehicle Starting License: Sroga's Automotive Services, Inc., 3201 Stinson Blvd, MN • Ronald & Hanson 3220 Beldjzn Drivfz eft y9nthony, MN 554.18 October 21, 1997 Mr. Mike Mornson, City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Mr. Mornson: This is a request to be placed on the agenda for the October 28, 1997 council meeting. I wish to address the council on issues pertaining to signage in the Village, including the recent addition of signage at 2525 33rd Ave. N. E. Respect ully submitted, F R. L. Hansen • 10/23/97 THU 09:50 FAX 612 340 7800 DORSEY & WHITNEY 002 DORSEY & WHITNEY LLP NEW YOICK MINNCAvOLIS PILLSIM)KY CENTER SULITH WARfilNrptYtN,D.C. ,120 SOUTH SIXTH STREET DENVIlII LOPYOON MINNFAPOLIS.MINNESOTA 55402-1498 RE�T1'LC lttt,VRSELS CLF,1'HONE; (612) 340-2600 PnRGt.1 WANG KONG PAX; (b12) 340-2965 BILLIN9ti t7L.MOINI's VMai/R.SOth MIS40ULA (toc"ES'I'M (612)310-2m Fax(612)340-7600 41lGAT PALLS COSTA MP..SA 5uth.wjn1a=6dorscy1&W.c9= October 23, 1997 By Fax Mr. Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Robert F. Osterbauer, D.D.S. • 3525 33rd Avenue N.E. Dear Mike: You have provided me with information regarding a sign identifying the dental office of Dr. Joseph Osterbauer. As Y understand it, the sign is to replace a sign which was previously located at tlus property. Since this is a service office use in a residential district, it is a nonconforming use, and you have asked whether this sign would constitute an expansion of that nonconforming use. The .provisions of the City zoning ordinances regarding nonconforming uses are found in Section 1660. Under this Section, nonconforming uses are not permitted to be enlarged, expanded or extended. Clearly, if Dr. Osterbauer wanted to put arL addition onto the office, or to include another dentist in the clinic, or otherwise enlarge the dental office use, that would not be permitted. The question then is whether the sign constitutes an expansion. Under Subdivision 1 of Section 1660.02, "No structure used for a nonconforming use may be enlarged, extended, reconstructed, replaced or moved except to change it to a conforming use." In my opinion, adding the sign does not enlarge or extend the "structure". • Under Subdivision 2 of Section 1660.02, "No nonconforming use may be extended to occupy any additional land outside any buildings in which the 10/23/97 THU 09:50 FAX 612. 340 7800 DORSEY & WHITNEY Q003 ]DORSEY bz WHITNEY LLP • Mir. Michael 7. Mornson October 23, 1997 Page 2 nonconforming use is conducted." Again, installation of the sign would not extend the use and would not occupy any additional land outside of any existing buildings. In my opinion, the sign simply identifies the nonconforming use. It does not expand, enlarge or extend it. For this reason, I would be of the opinion that the City could permit the requested signage. Very tvuly yours, o William R. Soth WRS/ms • �E H Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT P.O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E. IN ET NKA,MN 55343 E] GAYLORD,24 55334 T.CLOUD,MN 56301 GRAND 3 APIDS,MN 55744 OCTOBER 3, 1997 INVOICE N0. 14347 PROJECT NO. 10367. 02 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: ROGER LARSON M SA FOR: 33RD AVENUE DESIGN PROFESSIONAL SERVICES FROM AUGUST 31 , 1997 TO SEPTEMBER 27, 1997 ---------------------------------------------------------------- PROFES$IONAL PERSONNEL HOURS AMOUNT CIVIL ENGINEER 50. 0 STRUCTURAL ENGR 31 . 3 • CONST SERV ENGR ENGR TECH/DESIGN DESIGN/DRAFTSPER � yf^1 3 3 Sins ?:t REPROD TECH 0. 9 SECRETARY 23. 3 TOTALS 325. 3 22, 283. 65 TOTAL LABOR 22, 283. 65 REIMBURSABLE EXPENSES HIRED TRAVEL 65. 21 REPRODUCTION 4 . 05 TOTAL REIMBURSABLES 69. 26 69.26 TOTAL THIS INVOICE S 22,352. 91 • .'I declare'`•` der3.t pe altie ofl a 'at.th' account claim or-demand is just,a �corre 'iwd no;p t h RZ E OANT CDT Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects a Land Surveyors STATEMENT P.O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5►h STREET N.E. IN 6 NN9 ON80,MN 55343 ❑ GAYLORD,09 55334 ❑ 320)253-OOON 56301 ❑ GRAND 36 4508 RAPIDS,MN 55744 Adbk OCTOBER 3, 1997 INVOICE NO. 14346 PROJECT NO. 10366 . 03 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN— 55418 ATTN: ROGER LARSON FOR: 1997 STREET/WATERMAIN IMPROVEMENTS CONSTRUCTION PROFESSIONAL SERVICES FROM AUGUST 31 , 1997 TO SEPTEMBER 27, 1997 ---------------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS AMOUNT CIVIL ENGR 1 . 0 CONST SERV ENGR 33. 5 • SECRETARY r`} �;� i ^ �: b''7 filed TOTALS e.... s� 35...2 ."-.` 2, 102 . 82 �*;,-TOTAL LABOR 2, 102. 82 REIMBURSABLE EXPENSES HIRED TRAVEL 44. 00 MISC. ' REIMBURSABLE EXP . 4 . 68 TOTAL REIMBURSABLES 48. 68 48. 68 TOTAL THIS INVOICE S 2, 151 . 50 • declare u pe al.tie w 2 att i account claim or demand "is just an corce o'; a t`h s;b e paid u SIGN URE OF LAI I _ +. EDD Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT M NNETONKA,MN 55343 GAYLORD,MN 55334 ST..CLOUD,MN 56301 GRAND RAPIDS,MN 55744 612 935-6901 (507)237-2924 (320)253-1000 218 326-4506 OCTOBER 3, 1997 INVOICE NO. 14338 PROJECT NO. 10408. 02 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: ROGER LARSON FOR: 1998 STREET IMPROVEMENTS DESIGN/BIDDING PROFESSIONAL SERVICES FROM AUGUST 31 , 1997 TO SEPTEMBER 27, 1997 ---------------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS AMOUNT CIVIL ENGR 0. 5 REG LAND SURVEYOR 5. 5 • SENIOR TECHa 2-MAN SURVEY CREW 513 TOTALS ;x63a, 4, 659 . 73 TOTAL LABOR 41659 . 73 REIMBURSABLE EXPENSES HIRED TRAVEL 276. 88 TOTAL REIMBURSABLES 276. 88 276 . 88 TOTAL THIS INVOICE $ 4 , 936. 61 • I declare der a Halt( `law th is account claim or;demand`: Is)u"styan cor t= n no4 art' f'it as en paid, 7 rr ,j vM s�r..� J r'. ,� ° y.p•; , ..r z -.Z �S 7 2�.F �`+'y},:sa= �' ` i ATUR OF HTW Investment Partners, Inc. October 7, 1997 Mr. Mike Mornson City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 RE: Freedom Oil Store Lot 4, Block 1, Silver Lake Road St. Anthony, MN Dear Mike, Per the 3`d Amendment to the Reciprocal Easement Agreement for the above- referenced property, please forward a check to HTW Investment Partners, Inc. in • the amount of $1,908.00 for payment of the storm sewer line constructed on Lot 4 for the benefit of Lot 5. Should you require further information or have any questions, you may contact John Trautz at 338-1000. Sincerely, HTW INVESTMENT PARTNERS, INC. Amy Deming O'Brien \ado Enclosure cc: Johri Trautz Rand Tower•527 Marquette Avenue South• Minneapolis, MN 55402 (612) 338-1000• Fax (612) 338-8971 SAV Liquor - Erickson Oil Storm Sewer Estimate of Construction Cost prepared by:Westwood Professional Services,Inc. 913191 1 Bulkhead and Abandon Inplace Pipe UN FT 60 $14.20 $852.00 2 Connect to Existing Stub EACH l $120.00 $120.00 3 15"R.C.Pipe LIN FT 13 $24.50 $318.50 4 Oversizing(12"to 15") LIN FT 190 $3.25 $61750 TOTAL: S1,908A0 • APPLICATION .AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 (instructions on reverse side) PAGE ONE of 2 PAGES TO OWNER: Saint Anthony Village PROJECT: S A V Liquor APPLICATION NO.: 3 Distribution-to: 3301 Silir Lake Road PERIOD TO: 9/30/97 ❑ OWNER St.Anthony ,MN 55418-1699 PROJECT NOS.: 97467 [ARCHITECT ARCH PROJ NO: 95-08-1179 F-1 CONTRACTOR FROM CONTRACTOR: Lund Martin Construction VIA ARCHITECT: K K E Architects. Inc. CONTRACT DATE: 6/24/97 EJ Accounting 3023 Randolph St N E 300 First Avenue North APPLICATION DATE: 10/1/97 ❑ Minneapolis,MN 55418 Minneapolis,MN 55401-168 INVOICE NO: CONTRACT FOR: General Construction CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- mation and belief the Work covered by this Application for Payment has been completed Application is made for payment, as shown below, in connection with the Contract. in accordance with the Contract Documents, that all amounts have been paid by the Continuation Sheet, AIA Document G703, is attached. Contractor for Work for which previous Certificates for Payment were issued and pay- 714,100.00 ments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM. . . . . . . . . . . . . . . . . .8 CONTRACTOR: Lund Martin Construction 2. Net change by Change Orders . . . . . . . . . . . . . . .8 714,100.00 October 7, 1997 3. CONTRACT SUM TO DATE (Line 1 t 2). . . . . . . .S By Date: 4. TOTAL COMPLETED & STORED TO DATE . . . . . .8 State of: MN rl Bozicevich (Column G on G703) County of: �iv\ ■ l,r,nhw 5. RETAINAGE: . I it(01 Subscribed and sworn to before, October 97 LYNN R.BODENS i EINER a. % of Completed Work 8 me this day of NOTARY PUBLIC-MINNESOTA (Colyumns D + E on G703) 0.00 ■ MY COMM Expires Jan.31,2000 b. % of Stored Material 8 ■ (Column F on G703) Notary Public C Total Retainage (Line 5a + 5b or My Commission exp s: 1 (3l ar7�0 Total in Column I of G703) . . . . . . . . . . . . . . . . .8 6. TOTAL EARNED LESS RETAINAGE. . . . . . . . . . . .8 /207'g° ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) LESS OWNER P.O:s....$ 0.00 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 148,507.80 In accordance with the Contract Documents,based on on-site observations and the data Line 6 from 8 comprising this application, the Architect certifies to the Owner that to the best of the (Line Certificate) ' ' ' ' ' Architect's knowledge,information and belief the Work has progressed as indicated,the 8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . .1 8 16017M quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE 469;88'2'26'¢�j��{?i (Line 3 less Line 6) 8 AMOUNT CERTIFIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804/ 70Q (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Aplplicatio i nd on the Continuation Sheet that are changed to Total changes approved in See Attached(Page 3)-Change Orders "conform to th a nt certif a .) previous months by Owner ARCHITEC o �� Total approved this Month By: Date: TOTALS This Cer ficate is not negotiable. he AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by Change Order tractor named herein. Issuanc , pa yment and acceptance of payment are without prejudice to any rights of the wner or Contractor under this Contract. ` AIA DOCUMENT G702•APPLICATION AND CERTIFICATE FOR PAYMENT• 1992 EDITION•AIA® • ©1992 •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK g - AVENUE, N.W., WASHINGTON, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. G702-1992 CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. ORIGINAL CON&ACT PAGE 2.1 PAGE NO: 2.1 OF: 2 - SUBMITTED FROM: Lund Martin Construction PROJECT: S A V Liquor 3023 Randolph St N E APPLICATION NUMBER: 3 Minneapolis,MN 55418 CONTRACTOR'S PROJECT NO: 97467 APPLICATION DATE: 10/1/97 CONTRACT FOR: General Construction ARCHITECTS PROJECT NO: 95-08-1179-25 PERIOD FROM: 9/1/97 TO: 9/30/97 A B C D E F G H 1 ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE NO. VALUE I Hlb APFLIUATIUN AND STORED % TO FINISH PREVIOUS STORED TO DATE G/C (C-G) APPLICATIONS WORK IN PLACE MATERIALS (D+E+F) Mobilization 22,800.00 22,800.00 0.00 0.00 22,800.00 100% 0.00 1,140.00 02070 Demolition 29,500.00 29,500.00 29,500.00 100% 0.00 1,475.00 02200 Earthwork 18,040.00 10,824.00 5,700.00 16,524.00 92% 1,516.00 826.20 02500 Paving 31,200.00 - - 0% 31,200.00 . 0.00 02700 Site Utilities 42,250.00 42,250.00 42,250.00 100% 0.00 2,112.50 03300 Concrete&Masonry 140,115.00 28,600.00 75,000.00 103,600.00 74% 36,515.00 5,180.00 05100 Steel,Joist&Fabrications 22,417.00 2,500.00 2,500.00 11% 19,917.00 125.00 06100 Rough Carpentry 6,515.00 1,350.00 3,000.00 4,350.00 67% 2,165.00 217.50 06200 Finish Carpentry 8,330.00 0% 8,330.00 0.00 07500 Roofing 102,715.00 0% 102,715.00 0.00 07900 Sealants 450.00 0% 450.00 0.00 081100 H.M.Wood Doors,&Hardware 6,525.00 - 0% 6,525.00 0.00 08358 Double Acting Doors 1,364.00 0% 1,364.00 0.00 08362 Overhead Doors 955.00 0% 955.00 0.00 08410 Alum.Storefront&Enrties 25,400.00 0% 25,400.00 0.00 09250 Drywall&EIFS 42,600.00 0% 42,600.00 0.00 09300 Tile 3,109.00 0% 3,109.00 0.00 09500 Acoustical Ceilings 880.00 0% 880.00 0.00 09600 Flooring 6,780.00 0% 6,780.00 0.00 09900 Painting 9,740.00 0% 9,740.00 0.00 10520 Fire Extinguisher 135.00 0% 135.00 0.00 10800 Toilet Accessoies 544.00 0% 544.00 0.00 12392 Cabinets 2,836.00 0% 2,836.00 0.00 15100 Mechanical 40,000.00 5,000.00 X99 10/000+8.20e. W" 606 500 15300 Fire Protection 11,900.00 0% 11,900.00 0.00 15400 Plumbing 24,500.00 9,800.00 9,800.00 .40% 14,700.00 490.00 16000 Elecrtical- 57,500.00 1,500.00 1,500.00 3% 56,000.00 75.00 General Conditions 55,000.00 13,500.00 6,000.00 19,500.00 35% 35,500.00 975.00 Contract Page 2.1 Totals $714,100.00 $156,324.00 $0.00 $2657524 1 37% , 0 ZIsL/3 ,3?{� ,l •Zo B.A.Mittelsteadt,P.E. 350 Westwood Lake Office Bret A.Weiss,P.E. 8441 Wayzata Boulevard Peter R Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. • Ronald B.Bray,P.E. 612-541-4800 �l4ssodates,Inc. FAX 541-1700 October 20, 1997 Invoice No: 01065.10-0000004 City of St Anthony Attn Michael Morrison 3301 Silver Lake Road St Anthony MN 55418-1699 Storm Drainage Task Force Professional Services: September 1, 1997 through September 30, 1997 Professional Personnel Hours Rate Amount General Willenbring, Peter 1.00 88.00 88.00 Public Involvement Hubmer, Todd 13.00 65.00 845.00 Meetings Willenbring, Peter 18.00 88.00 1,584.00 Office Survey Sterna, Donald 2.00 88.00 176.00 Totals 34.00 2,693.00 • Total Labor 2,693.00 Comments: Approved: • Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER BRC FINANCIAL SYSTEM ST. ANTHONY VILLA( �t5 BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING X0136-0- Al &--C---SMA X75-1-0F/29ty .40 008216 A T & T WIRELESS SERVICE 5476 10/29/97 66.34 000020 AA BATTERY CO.:-— 5477 10/29/97 62.65 . M73-3 8----A1M ER"I-CA14-EXPRE'S 7U 2 L ,ov 2. 000120 AMERICAN LINEN 5479 10/29/97 15.00 005201 AMERICAN STORES 5480 10/29/97 109.07 @Of7t15 Ai��S � Pt H o4ol j_v/29/97 16.91 005216 ANOKA ;TECHNICAL INSTITUT 5482 10/29/97: 290.00 000320 BEISSWENGER APPLIANCE, 5483 ;:10/29/.97 22.30 O08I5 ER NA.L C 822 .47 007253 BRAKE & EQUIPMENT WAREHO 5485 10/29/97 . 304.80 .00007 BUD ANDERSON 5486 10/29/97 30.00 000-5-35------ .: ADO. 000610 GATCO CLUTCH & °TRANS SVC °5488 '10/29/92 20.92 005198 CENTRAL ''LOCK & .SAFE CO 5489 10/29/97 237.00 -007 S -D- 1= R 5490 7 159.00 007178 D-ROCK CENTER & SMALL EN 5491 10/29/97 79.82 005159 EDDY BROTHERS CO 5492 10/29/97 4 .28 - OII086-OI�tGS TRt7M7`R 001025 G & K SERVICES_: 5494, 10/29/97 48.56 001030 . G & K SERVICES 5495 10/29/97 185.96 6�3 0-/335 G-C-R-- -/2 v 9 1 . .00001 GOAR/TERRY 5497 10/29/97 219. 16 001180 GOODIN COMPANY 5498 10/29/97 54. 13 -001-230-"-GOPHER STA-l-E 001270 GRAYBAR :: 5500. 10/29/,97 .. 6.21 005121 HARTMAN/JAY 5501 10/29/97 20.00 . _tn-5-0 5--H MN-CO-SH€R F SSO 008187 HENNEPIN COUNTY TREASURE 5503 10/29/97 234.00 001523 HIGGINS INSURANCE AGENCY 5504 10/29/97 1 ,081 .85 000.625 I-KON-OFD E SOtttTTON S~at75�17 - 001680 J C AUTO SUPPLY - 5506 ';10/29/97 . 24.31 .00001 J C PENNEYS f 5507 10/29/.97 200.00 X102--JOFtNSOF3 �? . 001980 LEAGUE OF MN CITIES 5509 10/29/97 - 40.00 000715 LEEF BROS 5510 10/29/97 39.46 00 - 75511. 005075 LORBESKI/JIM 5512_. 10/29/97 150.00 008255 LUCENT TECHNOLOGIES 5513 °10%29/:97 63:45 =008228 �'YA�Ft�ME 71 70 4.3 002130 MAMA 5515 10/29/97 16.00 008197 MCI TELECOMMUNICATIONS 5516 10/29/97 14.89 0002-Mf-Re 0.08162 MEREDITH CABLE 5518 ;10%29/97. 2.63 002280 MIDWEST.:'ASPHALT. CORP 5519 `10/29/97:: 304.39 002320 MINAR FORD INC 5521 10/29/97 29.95 008269 MINNESOTA SHREDDING LLC 5522 10/29/97 45.00 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAC BANK ; .,VENDOR ;.. CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 3�O RTf�ST 002680 NORTHERN .STATES `.POWER 5524 . 10/29/97 1 ,202.0.7 .00002 NORTHSTAR CHAPTER 5525 10/29/97 20.00` ,: . 007366 PARTS MIDWEST , INC. 5527 10/29/97 64.76 007217 PARTS PLUS 5528 10/29/97 44.05 00705-7--p HAH 008158 RAMSEYCOUNTY 5530 10/29/97 6,812.00 :00003 ROBERT ..PASCHKE'. 5531 10/29/97 20.00 008214 SNYDER DRUG 5533 10/29/97 4.95 005297 ST CROIX RECREATION CO 5534 10/29/97 4, 174.93 008202 ?:TIMESAVER OFF SITE SECRE : 5536 „10/29/97 248.25 003560 TRACY';PRINTING 5537 10/29/97 73:00 U0704W� 007341 U.S. TIRE & EXHAUST 5539 10/29/97 39.45 008010 UNIFORMS UNLIMITED 5540 10/29/97 9.53 _002T MC7NCT �`� FIRSTAR ST. ANTHONY CHECKING 23,292,01 I • FINANCIAL SYSTEM ST. ANTHONY VILLAGE- 5/97 14: 12 Check Register GL540R-VO4.40 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004225 ALL IANT FOODSERVICE 11958 10/16/97 753.63 004080 CHISAGO LAKES DIST. CO. , 11959 10/16/97 259.80 004110 DICKSON ELECTRIC 11960 10/16/97 165.00 .00001 DORSEY & WHITNEY LLP 11961 10/16/97 3,500.00 004125 EAST SIDE BEVERAGE CO 11962 10/16/97 30,356.05 004130 ECOLAB 11963 10 16 97 149.05 004410 FIRSTAR ST ANTHONY BANK 11964 10/16/97 5,000.00 004411 FIRSTAR ST ANTHONY BANK 11965 10/16/97 15,000.00 004142 FOCUS NEWS 11966 10 16 97 637 .60 004141 FRITZ COMPANY, INC. 11967 10/16/97 2,215.74 004185 GHI HEALTH PARTNERS 11968 10/16/97 417.43 004175 GRIGGS COOPER & CO INC 11969 10/1-6797 4 ,512.95 004201 HEGGIES .PIZZA 11970 10/16/97 94.85 004207 HOHENSTEIN 'S, INC 11971 10/16/97 80.00 . 00002 INSIGNIA SYSTEMS, INC. 11972 10/16/97 450.00 004220 JOHNSON BROS . LIQ. 11973 10/16/97 2,269.86 _ .00003 KKE ARCHITECTS 11974 10/16/97 2,289.03 _ 004230 KUETHER DISTRIBUTING CO 11975 10 16 97 19,996.90 .00004 LUND MARTIN CONST. 11976 10/16/97 100,247. 80 _M04265 MARK VII SALES INC 11977 10/16/97 17 ,842.33 IMWO04365 MEDICA CHOICE 11978 10/16/97 1 ,426.65 004272 METZ BAKING CO 11979 10/16/97 49.93 004275 MIDKIFF/TERRI 11980 10/16/97 150.00 _ 004335 NORTHERN STATES POWER 11981 10/16/97 2,896.39 004,354 PAUSTIS & SONS 11982 10/16/97 227.00 004360 PHILLIPS WINE & SPIRITS 11983 10/16/97 1 ,762.66 004361 PINNACLE DIST. 11984 10/16/97 88.85 004376 PRIOR WINE CO 11985 10/16/97 1 ,857.97 004380 PUBLIC EMPLOYEE RETIREME 11986 10/16/97 1 ,484.71 004385 QUALITY WINE CO 11987 10/16/97 579.45 004419 SHUN/MATTHEW 11988 10/16/97 462.52 004498 UNUM LIFE INSURANCE 11989 10/16/97 11 .90 004496 WENDELLS 11990 10/16/97 245.05 LIQUOR CHECKING ACCOUNT 217,481 . 10 *** • • MEMORANDUM DATE: October 23 . 1997 TO: Michael J. Mornson._ City Manaaer FROM: Kim Moore-Svkes. Manaaement Assistant ITEM: Plannina Commission Meetina_ Summary for 10/21/97. 1 . The Planning Commission representative for the 10/28 Council Meetina will be Dick Horst. 2. Concept Reviews: a. Shawn McCalpine, director of the Silver Lake Salvation Army Camp, appeared to present proposed changes to their long-range site plan. Mr. McCalpine reported that they plan to demolish two of the camp's buildings that have become old and beyond repair. They are proposing to also construct a multi-purpose building, in which they will be able to use for many of their programs. b. Staff reported on the proposed redevelopment plan for the • corner of 33rd Avenue NE and Stinson Boulevard, which was formerly the Clark service station site. Staff reported that they had been contacted by the developer, Allan Chazin and the owner, Duane Fischer with plans to construct a four-unit townhome project. Staff reviewed the plans and indicated that this item will be on the November 18th agenda for a public hearing to review a variance application. The developer is requesting that he be granted a variance to the front yard setback so that he can install steps that will be approximately 15 feet into the setback. 3 . Other Business: a. The Planning Commission reviewed the proposed ordinance revision regarding places of worship, schools; and other public buildings that are allowed in the City's ' R-1 zoning district. The Planning Commission suggested some minor wording changes and voted to recommend its approval to the City Council. b. Staff updated the Planning Commission on the Comprehensive Plan project. Staff reported that the consultants are putting the comp. plan together for the distribution to the Met. Council. Staff indicated that no other comments had been received from other govern- mental jurisdictions who have received an earlier copy of the document. • C. Commissioner Gondorchin reported on the proaress of the Parks task force. Commissioner Makowske had been out of town on business and had not been able to attend the last storm water manaaement task force meetina. Staff reported that the aroup was now dealina with lona-term issues and had received a report from WSB reaardina possible design standards for the Citv_ 's storm water sewer system improvements. 4. Ad iournment. + The meeting adjourned at 8: 35 o.m. • • CITY OF ST. ANTHONY ORDINANCE 1997-011 .AN ORDINANCE RELATING TO ZONING AND LAND USE; ESTABLISHING REGULATIONS FOR CHURCHES, TEMPLES, AND SYNAGOGUES; AMENDING SECTIONS 1605.01, SUBD. 44; 1615.05, SUBDS. 8 AND 9; AND 1650.05, SUBD. 1 (f) OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1605.01, Subd. 44 is amended by adding (a) as follows: 1605.01 Definitions. Subd. 44. Lot Coverage. (a) Building to Land Ratio. The area of the lot covered by buildings only and expressed as a ratio or percentage. Section 2. Section 1615.05; Subds. 8 and 9 are amended to read as follows: 1615.05 Dimensional Regulations. Subd. 8. Lot Coverage. The lot coverage for residential structures, including sidewalks, • driveways, and other impervious surfaces may not exceed 35%. Permitted and permitted conditional uses for this zoning district have no lot coverage requirements. (See Subd. (9), Building to Land Ratio.) Subd. 9. Building to Land Ratio. The building to land ratio for the following permitted and permitted conditional uses may not exceed 35%: (a) Public schools, private schools or parochial schools which have an approved curriculum equivalent to a public school. (b) Publicly owned recreational facilities, including parks, play grounds, swimming pools and athletic fields. ` (c) Churches, temples or synagogues and their supporting homes, convents or rectories. (d) Essential service structures including but not limited to buildings such as telephone exchange substations, booster or pressure regular stations, wells and pumping stations, elevated tanks and electrical power substations. (e) City buildings including fire and police stations and other municipal service buildings not considered industrial. • Subd. 10. General Regulations. Property in the R-1 District is also subject to the provisions of Section 1650. ' Section 3. Section 1650.05, Subd. 1 (f) is amended to read as follows: • 1650.05 Parking. Subd. 1. On-Site Parkin. (f.) The number of existing on-site parking spaces on a property may not be reduced below the number required under paragraph (e) of this Subsection, or as exempted by City Council action for R-1 permitted or permitted conditional uses where the petitioner has demonstrated that a specific project will not have an adverse off-site parking effects. Section 4. This ordinance shall become effective on the date of its publication. Adopted by the City Council on the day of , 1997. Mayor ATTEST: City Clerk • Publish: St. Anthony Bulletin • be given to the Clerk no later than the Friday noon before the meeting to be included in the agenda. Copies of the agenda will be delivered to each Councilmember and to the City Attorney as-far in advance of the meeting as time for preparation permits. No item of business will be considered unless it appears on the agenda for the meeting, or is approved for addition to the agenda by a majority vote of the Council. Subd. 2. Order of Agenda. Generally, the order of business will be in accordance with the agenda, but it may, with approval of the Council, be varied at the discretion of the presiding officer. However, all public hearings will be held at the time specified in the notice of hearing. 200.05 Quorum and Voting. Subd. 1. Quorum. The presence of three Councilmembers constitutes a quorum. A majority vote of all members of the Council is necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute or ordinance, a majority vote of a quorum will prevail in all other cases. • Subd. 2. Voting. The votes of each member of any question pending before, the Council will be recorded in the minutes except as provided in Subd. 3. of this Subsection. If any Councilmember present does not vote, the Clerk will so indicate in the minutes. Subd. 3. Vote Recording. When the meeting minutes show a resolution or motion was adopted without showing how each Councilmember voted, it will be considered a unanimous vote in which all Councilmembers present voted in favor of the resolution or motion. 200.06 Ordinances, Resolutions, and Petitions. Subd. 1. Rea_ dings. Every ordinance will be presented in writing and will receive three readings before the Council prior to final adoption, except that rez�n. - or other zoning ordinance amendments shall require only one. reading However, an ordinance may be adopted at the.meeting in which it is first read or at a subsequent meeting if the Council rules are suspended for that purpose. Every ordinance introduced will be recorded in the minutes by .title. • 2-3 612-788-2828 CROWN FENCE & WIRE 072 P01 OCT 21 '97 14:25 tRO " CRDWN FENCE & WIRE' COMPANY SINCE t IA[ COMP >tr 1200 CENTRAL AVENUE NIE. MINNEAPOLIS,MN 55413 MINNEAP J S,MN PHONE(812)788-1987 October 21, 1997 Jay Hartman St. Anthony Village 3301 Silver Lake Road St. Anthony, Minnesota 55418 Sir: This will confirm our 'phone quotation of $1306 .00 as your net installed cost for the following commercial grade, 4' high chain link fence: 163 Lin. ft. Style OTR 4' high fence Wire; 2"-9 ga. x 48" galv. chain link Top rail; 1-5/8" OD std. galv. pipe Line posts; 2" OD std. galv. pipe 2 Latch posts; 2-3/8" OD std. galv. pipe 2 End posts; 2-3/8" OD std. gale. pipe 1 corner post; 2-3/8" OD std. galv. ,pipe 1 Style OTR 4' x 4' wide swing gate 1 Style OTR 4' x 7' wide swing gate If y u wish to install the fence with your crew, deduct $381. 00 from above figure. Terms , net 20 days. Delivery, two to three weeks. Sincerely, CROWN FEN E ' S WXRE COMPANY J se' h Polnaszek esident • r E I I t • CITY OF ST. ANTHONY RESOLUTION 97-045 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution passed by the Council on August 12, 1997, the engineering firm of Rieke Carroll Muller Associates, Inc. has prepared plans and specifications for the improvement of Edward Street, from 34th Avenue NE to 35th Avenue NE; Harding Street, from 34th Avenue NE to 36th Avenue NE; and Roosevelt Street, from 34th Avenue NE to 35th Avenue NE, by reconstruction of the roadways and utilities. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of St. Anthony that: 1) Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2) Such plans and specifications are hereby approved. • 3) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two times, shall specify the work to be done, shall state that bids will be opened on February 10, 1998, and bids the responsibility of the bidders will be considered by the City Council at 7:00 P.M. on December 17, 1997 in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of St. Anthony for Five (5%) percent of the-amount of such bid. Adopted this. day of , 19 Mayor ATTEST: City Clerk • Reviewed for administration: City Manager CITY OF ST. ANTHONY RESOLUTION 97-050 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution passed by the Council on May 27, 1997, the engineering firm of Rieke Carroll Muller Associates, Inc. has prepared plans and specifications for the concrete pavement repair and rehabilitation on 33rd Avenue NE between Silver Lake Road and Highcrest Road. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of St. Anthony that: 1) Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. • 2) Such plans and specifications are hereby approved and costs are to be paid through the City of St. Anthony's Minnesota State Aid (MSA) funds. 3) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. Adopted this day of 19 Mayor ATTEST: City Clerk Reviewed for administration: City Manager r CITY OF ST. ANTHONY RESOLUTION 97-048 A RESOLUTION APPROVING A CLEANING SERVICE CONTRACT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID CONTRACT BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the Contract for cleaning services for the City Hall/Community Center with Compton's Commercial Cleaning, Inc. and authorizes the Mayor and City Manager to.execute said Contract on behalf of the City. • Adopted this day of 1997. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • Compton's Commercial Cleaning Inc. P-O.Box 48041 Coon Rapids,Mn.5 544 8-004 1 Phone 427-5957 Fax 427-5957 October 08, 1997 l Mr. Mike Morrison City Of St. Anthony 3301 Silver Lake Road St. Anthony,MN 55418-1699 Dear Mike: It was a pleasure talking to you last week. We have enjoyed working with you this past year and am looking forward to next year. There will be no increase in prices for 1998. The daily cleaning price will remain at $144.00 and now include carpet cleaning and floor service at no extra charge for these services. We would like to change the wording of the Contract for 1998 concerning the billing. It should read-to payment once a month according to City's normal pay period. This is how it is being payed now. Contract now states twice a month. We appreciate your business and promptness of your payments and look forward to . a long and lasting relationship. If you have any concerns or questions, please give me a call. Compton's Commercial Cleaning, Inc. Pamela A. Compton CONTRACT This Contract made and entered into as of , by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota (the "City"), and COMPTON'S COMMERCIAL CLEANING, INC., a Minnesota corporation ("Contractor"). A. The City has advertised for proposals for the work identified in the attached Exhibit A ("Specifications"). B. Contractor has agreed to furnish all necessary cleaning supplies and materials, labor, tools, equipment and other items necessary to perform the work designated in the Specifications and other Contract documents referred to (the "Work"). In consideration of the mutual agreements herein contained, it is agreed by and between the City and Contractor as follows: 1. Contractor shall furnish all cleaning supplies and materials, labor, tools, equipment and other items necessary to complete the Work at the times specified, time being of the essence, in accordance with the Specifications and other Contract documents, for the cost set forth in Section 4, 2. The Contract documents consist of this Contract and the attached General Conditions. 3. The Work shall commence January 1, 1998 and shall continue until December 31, 1998. Thereafter this Contract shall be deemed renewed for successive one periods unless terminated as herein provided. Either party may terminate this Contract, with or without cause, by 30 days prior written notice to the other. 4. The City agrees to pay the Contractor for the performance of this Contract, and the Contractor agrees to accept the following amounts: For the cleaning described on Exhibit A, Contractor will be paid $144.00 per day, plus state sales tax (if any). Payments shall be made once each month for work completed, according to the City's normal pay periods. 5. The City and Contractor shall agree that all of the terms of this Contract shall be binding upon the City and the Contractor and their respective successors and assigns. 6. This Contract is entered into under the laws of the State of Minnesota and shall in all respects be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written. CITY OF ST. ANTHONY By: Its Mayor By: Its City Manager COMPTON'S COMMERCIAL CLEANING, INC. By: Pamela Compton Its President -2- EXHIBIT A Specifications for Cleaning SCHEDULE FOR CLEANING ALL FACILITIES A. Nightly Cleaning Schedule (Monday through Saturday) All carpeted areas will be vacuumed and spot cleaned, if needed All tile floor areas will be swept and wet mopped. All exposed aggregate floor areas will be swept and wet mopped. Dust ledges, desks, countertops, etc. All trash and recycling bins will be emptied. All bathrooms will be cleaned. B. Weekly Cleaning Schedule All tile floors will be spray buffed. All exposed aggregate floors cleaned according to manufacturer's specifications. Carpets will be spot cleaned. Both high and low dusting will be done. Bathrooms will be detailed. Carpet edges will be vacuumed. . SPECIFICATIONS FOR CLEANING ALL FACILITIES A. All Windows Will Be Cleaned Twice A Year (at no extra charge). B. Bathroom Cleaning (daily). 1. Toilets and urinals will be cleaned and disinfected. 2. All walls and dividers will be cleaned and disinfected. 3. Sinks and fixtures will be cleaned and disinfected. 4. Tile floors will be swept and wet mopped with disinfectant. 5. Mirrors will be cleaned. 6. All dispensers will be filled, as needed. 7. Paper towel and toilet paper dispensers will be filled, as needed. C. Scrub and Recoat of Vinyl Composition Tile (weekly). 1. All tile will be scrubbed and cleaned according to manufacturer's cleaning specifications to remove.dirt, old wax, black scuff marks, gum, and other debris. Special attention will be given to edges and high traffic areas to assure that they are clean. 2. Tile will be wet mapped to remove film and puddles left by auto scrubber. 3. When the floor is dry, a finish coat as suggested by the manufacturer will be applied. Once dry, the floor is to be buffed, again according to the . manufacturer's specifications. D. Exposed Aggregate Flooring and Burnished Block Walls (weekly). GENERAL CONDITIONS ' CITY OF ST. ANTHONY, MINNESOTA 1. DEFINITIONS When used in these General Conditions and .the other documents comprising the Contract, the following terms shall have the following meanings: (a) "City" - The City of St. Anthony, Minnesota. (b) "Contract" - These General Conditions and the Contract to which.they are attached. (c) "Contractor" - Compton Commercial Cleaning, Inc., a Minnesota corporation. (d) "City Representative" - The City Manager, Director of Public Works or other authorized representative or consultant designated by the City Manager. (e) "Specifications" - The specifications attached as Exhibit A, and all direction, conditions, provisions and requirements.pertaining to the Work. (f) "Work".- All work covered by the.Contract. ' 2. CONTRACTOR'S RESPONSIBILITIES Contractor shall furnish all necessary cleaning supplies, tools, labor and material of every character required for the Work. 3. LABOR Only competent labor shall be employed for the Work. Contractor will not be allowed added compensation for any work performed on Saturdays, Sunday or Legal al Holidays. 4. DISCRIMINATION Contractor agrees that: (a) In the hiring of labor for the Work, no contractor, material supplier, or vendor, shall, by reason of race, color, religion, national origin, place of residence, political affiliation, disability, marital status, status with regard to public assistance, sex or age discriminate against any person or persons who are citizens of the United States who are qualified and available to perform the work to which such employment relates. . (b) No Contractor, material supplier, or vendor shall, in any manner, discriminate against, or intimidate, or prevent the employment of any such person or persons, or conspire to prevent, any such person or persons from the performance of work under any contract on account of race, color, religion, national origin, place of residence, political affiliation, disability, marital status with regard to public assistance, sex or age. (c) This Contract may be terminated by the City, and all money due, or to become due may be forfeited for a second or any subsequent violation of the terms or conditions of this section. 5. ASSIGNMENT OF CONTRACT No assignment by Contractor of this Contract or any part thereof or of the funds to be received thereunder, will be recognized unless such assignment has had the written approval of the City. 6. SUBCONTRACTS Contractor shall not subcontract the Work. 7. INSURANCE Contractor shall not commence Work until all insurance required has been approved by the City. -Evidence of the following insurance shall be furnished: -A. Worker's Compensation Insurance.. Statutory worker's compensation insurance and employer's liability insurance as required under the laws of the State of Minnesota. B. General Liability Insurance (1) Public Liability Insurance. Public liability and property damage insurance in the amount of $200,000 for injuries or death to any one person, $500,000 for injuries or death resulting from one accident, and $100,000 for property damage. (2) Automobile Insurance. Automobile insurance on all automotive equipment owned, rented or borrowed in the same minimum amounts set forth above. (3) Contractual Liability Insurance. Contractor agrees to hold harmless and indemnify the City and all councilmembers, officers, agents, employees, and insurers thereof, and the City Representative, and their agents, from every claim, action, cause of action, liability, damage, expense or payment incurred by reason of any bodily injury, death, or property damage resulting from Contractor's operations, -2- and to carry insurance in at least the amounts set forth above covering such ' contractual liability. Insurance certificates evidencing that the above insurance is in force with companies acceptable to the City and in the amounts required shall be submitted to the City for examination and approval concurrently with the execution of the Contract, after which they shall be filed with the City Clerk. In addition to the normal information provided on the insurance certificates, they shall specifically provide that (a) a certificate will not be modified except upon 10 day's prior written notice to the City, and (b) the contractual liability and indemnification has been insured. 8. DEFENSE OF CLAIMS OR SUITS. Contractor shall indemnify and save harmless the City and all of its councilmembers, officers, agents, and employees, and the City Representative, from any and all loss, damages, expense, including cost and.expense and attorney's fees of litigation arising from all suits, actions, or claims of any character, name and description, brought for, or on account of any injuries or damages received or sustained by any person, or persons or property by or from Contractor or by or in consequence of any neglect, or through the use of unacceptable materials or by or on account of any act or omission, neglect or misconduct of Contractor, or by or on account of any claims or amounts recovered under the "Worker's Compensation Law", or any other law, bylaws, ordinance, order or decree. 9. DAMAGE TO CITY PROPERTY All damage done to City property as a result of Contractor's performance of this Contract shall be repaired by Contractor under the direction of the City. 10. WORKING HOURS Work shall be done during the hours of 4: 00 PM to 6:00 AM 11. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in other sections of these Conditions, the City shall have-the right to declare Contractor in default if: (a) Contractor becomes insolvent, makes an assignment for the benefit of creditors, or a voluntary or involuntary petition in bankruptcy is filed by or against Contractor. (b) Contractor fails to commence the Work when notified to do so by the City. -3 - . (c) Contractor abandons the Work or refuses to proceed with the Work when and as directed by the City or its Representative. (d) Contractor subcontracts, assigns, transfers, conveys or otherwise disposes of the Contract except as herein permitted. (e) Contractor violates any provisions of the Contract. (f) The Work is not performed as required under this Contract. Before the City shall exercise its right to declare Contractor in default, it shall give Contractor an opportunity to be heard by the City Council. -4- CITY OF ST. ANTHONY RESOLUTION 97-049 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the Agreement between Hennepin County and the City of St. Anthony for road maintenance services on behalf of the City of St. Anthony. Adopted this day of 1997. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of St. Anthony, Minnesota, on the 28 day of October, 1997, as disclosed by the records of said City Council in my possession. City Clerk . Contract no. 5022M7 Agreement No. PW 39-10-97 City of St..Anthony County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT AGREEMENT,Made and entered into this day of , 1997 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH; WHEREAS, Pursuant to Minnesota Statutes, Section 162.17, Subdivision 1, and 471.59, the parties desire to enter into an agreement relating to the maintenance of County State Aid Highways within and adjacent to the corporate limits of the City upon the terms and conditions hereinafter set forth. NOW,THEREFORE,The parties do agree as follows: I The City will, during the term of this Agreement,maintain as hereinafter provided, those portions of County State Aid Highways within and adjacent to the corporate limits of the City listed as follows: Mileage Centerline Lane CSAH 27 - between St. Anthony Boulevard and 37th Ave. N.E. 1.16 4.64 CSAH 136 - between CSAH 153 and 37th Avenue N.E. 1.25 3.82 CSAH 153 -between Stinson Boulevard and CSAH 136 0.53 2.12 2.94 10.58 CSAH 88 - between St. Anthony Blvd. and East County Line 0.70 2.80 -1- Contract No. 5022M7 ' Agreement No. PW 39-10-97 II The maintenance to be performed by the City on CSAH's 27, 136 and 153, shall consist of the following: A) Keep the aforementioned County State Aid Highways from curb to curb reasonably free and clear of ice and snow, and undertake proper sanding or salting when necessary. B) Sweep, flush, and dispose of any debris from the aforementioned County State Aid Highways during the calendar year as follows: a. As soon as practicable after the spring snow melt, b. Late spring period, c. Mid-summer period, and d. Late fall period. C) Clean the center medians in conjunction with the spring cleanings described in Paragraph "B". The maintenance to be performed by the City on CSAH 88 shall consist of the following: A) Mow the grassed areas of the aforementioned County State Aid Highway ten times per year except for the deep ditches on the east side. B) Sweep, flush, and dispose of any debris from the aforementioned County State Aid Highways during the calendar year as follows: a. As soon as practicable after the spring snow melt, b. Late fall period. C. Plus up to two additional sweepings as necessary. Hennepin County will provide arrowboard pickup with operator as needed. Contact Brian Langseth(District Supervisor) at 930-2579 for scheduling. C) Clean the center medians in conjunction with the spring cleanings described in Paragraph "B". g -2- L6 Contract No. 5022M7 Agreement No. PW 39-10-97 The City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of all and any of the work provided for in this Agreement. ffi The County will pay the City for maintenance operations as specified herein for Calendar Year 1998, the amounts set forth in the fee schedule as follows: FEE SCHEDULE Item Unit of Measure Quanti Unit'Price Total Fee Snow and Ice Control Lump Sum 1 $6,300.00(A) $6,300.00 Sweeping and Cleaning Sweepings 4(B) 687.50 2,750.00 Center Median Cleaning Lump Sum 1 200.00 200.00 . Mowing Mowings 10 100.00 1.000.00 TOTAL HENNEPIN COUNTY FEE $10,250.00 A. If any of the highways or portions thereof covered by this Agreement are removed from the County system during the term of this Agreement as provided by law, the County's annual fee for snow and ice control shall be recomputed as follows: $6,300.00 - 6,300 X A X B = Total annual Fee for Snow 2.94 5 and Ice Control; Where: A. =Number of miles removed from County System. B. = Number of winter months the mileage removal was in effect. (For the purpose of this computation, winter months shall be construed to be the period from January 1 to April 15 and from November 15 to December 31 of each calendar year giving a yearly total of five months.) B. Estimated quantity consists of four sweepings as per Article II of this Agreement. The . County shall pay $687.50 for each time the sweeping and cleaning operation is performed. -3- LAj Contract No. 5022M7 • Agreement No. PW 39-10-97 Payments under this Agreement shall be made on a semi-annual basis, and as soon after the respective dates of April.30 and December 31 of each year as may be possible, upon submission by the City to the County of a certificate approved by the County Department of Public Works certifying that all work has been done during the period for which payment is to be made, in full accordance with this Agreement. This Agreement shall be in full force and effect for the Calendar Year 1998. IV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall ' in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in.no way be the obligation or responsibility of the City. V If the City fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement,this shall constitute a default. Unless the City's default is excused by Hennepin County, Hennepin County may upon written notice immediately cancel this Agreement in its entirety. ' -4- (� . Contract No. 5022M7 Agreement No. PW 39-10-97 Hennepin County's failure to insist upon strict performance of any provision.or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. VI Upon failure of the City to perform any of the work named herein under the terms of this Agreement, Hennepin County may do and perform such work or cause it to be done and performed, and may retain from any monies then due to the City under this Agreement, or thereafter becoming due, any such amount as is required for the completion of such work, provided however,that this paragraph shall not be construed to relinquish any right of action which may accrue in behalf of the County as against the City for any breach of Agreement. VII . The City shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder without prior approval from Hennepin County. VIII It is understood that all persons working on such highways are employees of the City or its contractors or agents and are in no way employed by the County, provided, however, that this provision shall not apply to persons employed directly by the County, or by contractors other than the City, engaged by the County. All contracts and agreements made by the City with third parties for the performance of any work to be done under this Agreement shall be subject to the terms of this Agreement and comply with all state laws and requirements relating to contracts for the construction and maintenance of County State Aid Highways and that a clause to that effect shall be inserted in all such Agreements. The City agrees to defend, indemnify, and hold harmless the County, its elected officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or . indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for in the performance of the services required by this Agreement, and against all loss by reason -5- Contract No. 5022M7 • Agreement No. PW 39-10-97 of the failure of said City to perform fully, in any respect, all obligations under this Agreement. The City also agrees that any contract let by the City for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand,judgments, expenses, action or cause of action of any kind or character arising out acts or missions of said contractor, its officers, employees, agents or subcontractors and 2) Require the contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. IX The provisions of Minnesota Statute 181.59 and of an applicable P y pp ble local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. X The parties hereto agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the parties and involve transactions relating to this Agreement. XI It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alternations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. . Contract No. 5022M7 Agreement No. PW 39-10-97 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY (SEAL) By: Mayor Date: And: City Manager Date: COUNTY OF HENNEPIN ATTEST: By. By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: Associate/County Administrator By: Date: Assistant County Attorney Date: And: Director,.Department of Public Works and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Transportation Division Engineer . Date: Date: -7- 1I5 10-13-1997 13:29 6125461003 BERNICK & LIFSON P.01 BE&NICK AND LIFSON A PROFESSIONAL AASOCIATION ATTORNEYS AT LAW NCAL J. SHAPIRO SUITE IaOO, T149 COLONNAOC tAL90 AOMITrm IN WISCONSIN SAUL A. SCRNICK* 5900 WAYZATA SOULKVARD 'ALSO CERTFItO PUYUC ACCOUNTANT THOMAS D. C17CIOMTON MINNCAPOLIS, MINNESOTA 53410-1270 LLOAL SCOTT A. LIFSON Aiil><TAN7 DAVID K. NIOMTINQALEt KATHRYN Q, MASTRRMAN TtLtPMONt fill S4Q.It00 PAUL J. 4UABT4 /ACAIMIL� (4181 D46-IOD] R09ERT J.V.Vast October 13, 1997 IMPORTANT: FOR YOUR IMMEDIATE ATTENCION Via facsimile and U.S. Mail Mr. Mike Mornson City Administrator City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mr rnson:"I/k • As you know, for the past three years the North Suburban Cable Communications Commission ha., been Involved in preparing new cable franchises on behalf'of its Member Cities: Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, and Roseville. As part of this process the Commission has completed a comprehensive and detailed assessment of all of the telecommunications needs and interests of the communities, has been reviewing and assessing the proposal submitted by Meredith Cable to meet those identified needs and interests, and has initiated final negotiation of the renewed franchises. The Commission has accepted a proposal which meets the broad teleconuntuucations needs of the communities and is currently engaged In negotiating final franchise Ianguage with Meredith Cable. Upon completion of this process in the near future, the Commission will recommend a final franchise to the Member Cities for review, consideration and adoption. It is expected that negotiation and drafting of a final franchise document, and co asideration and adoption of such franchise by the respective Member Cities will require the next two to three months to complete. However, the respective current franchises each expire on or about November 8, 1997. Accordingly, the Commission and Meredith Cable have-agreed to an extension of the current franchises to January 19, 1998 to accommodate completion of this process. Extension of the franchises requires that,the Member Cities amend their franchise to provide for an expiration date of January 19, 1998. Enclosed please find a draft Ordinance Amendment which provides for such an extension of the franchise term. Please place this issue on the Council's agenda for consideration and action at the next meeting. Upon adoption by the Council, please return a copy of the Ordinance Amendment for my re,:ords. In summary: • 1. Cable franchises expire November 8, 1997. 2. Enclosed is extension(recommended by Cable Commission) to January 19, 1998. 3. Adopt attached. 4. Send a copy to my attention. 10-13-1997 13:30 6125461003 BERNICK & LIFSON P.02 i Mr. Mike Morrison October 13, 1997 Page 2 5. Adopt the Model Right-of-Way Ordinance.as -mac possible and alm send a copy to my attention. I do not care if you adopt the version I provided or the League of Milmesota Cities version(they are very similar). The new cable franchise is based on the Right-of-Way O;dinance which must be adopted before or simultaneous with the cable franchise. Please'call me if you have any questions. Yours truly, BERNICK AND LIFSON .�. mas D. Creighton Enclosure cc: Mr: John F. Gibbs, Esq. . • Ms. Coralie Wilson c:�CJ1aI.sr+sccccv�UMINr.LOI • CITY OF ST. ANTHONY ORDINANCE 1997-010 AN ORDINANCE AMENDING CABLE FRANCHISE ORDINANCE 1982-009, ARTICLE II., SECTION 4, FRANCHISE TERM The City Council of the City of St. Anthony hereby ordains: Section 1. Ordinance 1982-009, Article II., Section 4, Franchise Term, is hereby amended to read: Section 4. Franchise Term This Franchise shall commence upon the effective date of the regular certificate of confirmation issued by the Board and shall expire on January 19, 1998. Section 2. This ordinance shall be effective upon passage and official publication. First Reading: October 14, 1997 Second Reading: October 28, 1997 • Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin • V September 2, 1997 Mayor Clarence Ranallo and City Council Members ° City of Saint Anthony 3301 Silver Lake Road N.E. St..Anthony, Minnesota 55418 Board of Directors. Jane Berg Bonnie Brever Dear Sirs: Sally Cain Nancy Gonzalez. As you are aware, ACTION (formerly Healthy Communities-Healthy Phil Hoversten youth) is increasing it's efforts to insure that youth in our community Karin oberc are responsible, caring, and competent. Although we can boast,about Glenn Seefeldc June Stuel many of our youth, we also see signs of problem behaviors that have a George Wagner negative effect on our entire community. Publicity It-is our hope that ACTION can educate and encourage the members Think-Tank of our community to take action which leads to the positive develop- Eric Berkeland ment of youth. This effort will necessarily enlist the participation of • Nancy Gonzalez parents,neighbors, businesses, students, schools, educators, and care- Karen Johnson givers. We have already started the work of reaching these populations Barry Kinsey and will be increasing our efforts and visibility. In the fall, we will be Connie Marty publishing information for parents in our school district, providing Donna OSteraas information to all local publications, spreading information at com- Patti Sausser munity events, and exploring other means to encourage participation. Kathy Stroncek Eric Weatherman The ACTION Board of Directors requests that the Village of Saint Sharon Walker Anthony consider participating in this effort by providing financial support and any ideas that would help in furthering this effort. Outreach Team Dale Gunderson Respectfull oursWperson Phil Hoversten Frank Loteno George Wagner . Coordinator oo Sparks Glenn See Y P ACTION -Adults & Children Together In Our Neighborhoods Whone. 706-1185. • mat ►�oQr i CITY OF 'ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA October 28, 1997 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF OCTOBER 28, 1997 H.R.A. AGENDA. IV. APPROVAL OF OCTOBER 14, 1997 H.R.A. MINUTES. • V. CLAIMS. A. City Hall/Community Center: 1 . Graus Construction - $46,899.00. 2: DKH Excavating, Inc. - $24,507.49. B.- Tennis Courts: 1 . Marshall Concrete Products - $1 ,822.72. 2. Rebarfab, Inc. - $187.44. C. Payments to Developers: 1 . Central Investment Corporation - a. $12,500.00. b. $12,500.00. C. -$12,500.00. VI. REQUEST FOR TAX INCREMENT FINANCING ASSISTANCE FOR THE REDEVELOPMENT OF 3301 STINSON BOULEVARD (OLD CLARK STATION SITE). VII. CITY HALL/COMMUNITY CENTER; RE: CHANGE ORDER #13 FOR A DEDUCTION FROM THE CONTRACT SUM. VIII. OTHER BUSINESS. • IX. ADJOURNMENT. 1 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 3 OCTOBER 14, 1997 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 9:41 P.M. 6 U. ROLL CALL. 7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Secretary Marks, and 8 Commissioners Wagner and Faust. 9 Also Present: Executive Director Michael Mornson and City Attorney William Soth. 10 Commissioners Absent: None. 11 III. APPROVAL OF OCTOBER 14, 1997 HRA AGENDA. 12 Motion by Marks, second by Faust to-approve the October 14, 1997 HRA Agenda as 13 presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF SEPTEMBER 9, 1997 HRA MINUTES. 16 Motion by Marks, second by Wagner to approve the September 9, 1997 HRA minutes 7 as presented. 8 Motion carried unanimously. 19 V. PRESENTATION OF CLAIMS. 20 Motion by Marks, second by Wagner to approve the following claims: 21 A. General 22 1. BRW, Inc. in the amount of$1,431.47 for services rendered July 26 23 through August 29, 1997. 24 2. Dorsey & Whitney 25 a. In the amount of$567.17 for legal services render through 26 August 31, 1997 for HRA acquisition of residential property for 27 redevelopment. 28 b. In the amount of$569.55 for legal services rendered through 29 August 31, 1997 for purchase of Tires Plus property. 30 3. Hennepin County Property 31 a. In the amount of$507.05 for 2538 Kenzie Terrace. 32 b. In the amount of$330.80 for 2534 Kenzie Terrace. 33 4. Ramsey County 34 a. In the amount of$247.51 for Tires Plus property. 35 b. In the amount of $6,973.14 for Tires Plus property. C. In the amount of$5,011.64 for holding pond. it d. In the amount of$1,640.36 for holding pond. 38 e. In the amount of$2,629.58 for holding pond. Housing and Redevelopment Authority Meeting Minutes October 14, 1997 Page 2 • 1 Mornson noted that the payments to Hennepin County were for property taxes on the 2 recently acquired homes on Kenzie Terrace. These properties will not be exempt until 3 next year. Items 4a. and b. are for the Tires Plus property and will be reimbursed 4 through the lease. Items 4c., d., and e. are for the holding ponds at Apache Plaza as 5 agreed to with St. Marie and OPUS. Reimbursement will be requested as part of the 6 maintenance agreement with the entire Apache Mall. 7 Motion carried unanimously. 8 9 Motion by Enrooth, second by Marks to approve the following claims: 10 11 B. New City Hall 12 1. General Office Products Company 13 a. In the amount of$240.00 for service module and two locks. 14 b. In the amount of $2,664.13 for equipment for the Police Squad 15 Room. 16 C. In the amount of $231.64 for equipment for the Captain and 17 Detective Offices. 18 d. In the amount of$175.00 for installation. 19 2. Minnesota Pollution Control Agency in the amount of$225.00 for 20 technical assistance in regard to contaminated soil work plan Parkview • 21 Building. 22 3. Williams/O'Brien Associates in the amount of $2,040.00 for demolition 23 contract July 27 through August 27, 1997. 24 Motion carried unanimously. 25 Motion by Marks, second by Enrooth to approve the following claims: 26 C. Tennis Courts 27 1. Construction Midwest, Inc. in the amount of$523.29 for drain tubes. 28 2. Crown Fence & Wire Company in the amount of $14,774.00 for fencing 29 materials. 30 3. Marshall Concrete Products, Inc. in the amount of$1,797.87 for 31 concrete products. 32 4. Northern in the amount of$66.00 for sandblasting of light poles. 33 5. Rieke Carroll Muller, Inc. in the amount of$850.00 for professional 34 services rendered from August 1 to August 31, 1997. 35 Motion carried unanimously. 36 VI. OTHER BUSINESS. 37 Enrooth asked if the tennis courts would be completed this season and if the drainage 38 was contained on-site. Housing and Redevelopment Authority Meeting Minutes • October 14, 1997 Page 3 1 Mornson stated the tennis courts should be completed this year. He stated the drainage 2 should exit to Silver Lake Road. 3 Wagner asked if the tot lot would be completed. 4 Morrison reported a minimal fenced area would be completed to satisfy the 5 requirements. 6 Wagner stated he had received a request for a fence around the holding pond also. 7 The kids are running down and through the area. 8 VII. ADJOURNMENT. 9 Motion by Marks, second by Enrooth to adjourn the meeting at 9:48 P.M. 10 Motion carried unanimously. 11 Respectfully submitted, 2 Lorri Kopischke TimeSaver Off Site Secretarial, Inc. I��LICRTION AND CERTIFICATE FOR PAYMENT AIA Document TO (OWNER):—City Of St. Anthony PROJECT: ST. ANTHONY COMMUNITY CENTER APPLICATION NO: 15 DISTRIBUTION TO: 3301 Silver Lake Rd. OWNER St. Anthony, MN 55418 PERIOD TO: 09/30/97 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 SLIM ............ .. f 3151900.00 . 12. Net Change by Change Orders .... :.......aR t •1;3f0?7�8 (Change Orders approved in I ADDITIONS I DEDUCTIONS 1 3. CONTRACT SUM TO DATE ........ XSIV 2I A OR.t &28292-:0 (previous months by owner I 1V1IIK 1 1 4. TOTAL COMPLETED b STORED TO DATE 12.t34. $.14:0 i 4263163:00 I TOTAL I '�- .r0 I I (Column G ) I- ------ ------------- ---- --I 5. RETAINAGE: (Approved this Month I I I a. 5.00 % of Completed Work f .00 I_ ___----_ ___1 I I (Column D+E ) INuvber (Date Approved I I I b. 5.00 % of Stored Material f .Q+O I I I I I (Column F) I 3 _I I _ --------1—2-11(-M I Total Retainage (Line 5a+5b) or --------=------ - -----I (Total i n Column I) ...................... I 20cm .00 ............. TOTALS I (l C(1114 1 2'7l 1.00 1 6. TOTAL EARNED LESS RETAINAGE .Cq I-------------=- --------- --- --I (Line 4 less Line 5 Total) (Net Change by Change Orders 1 431027.00 (1(o,34-6.01J 1 7. LESS PREVIOUS CERTIFICATES FOR I --------- ----------------- -I PAYMENT (Line 6 from prior Certificate) .. f ;3,1£31,580.00 .The undersigned Contractor certifies that to the best of the Con- 8. CURRENT PAYMENT DUE ........... P�. :9.`�:°.°.. i FrYS$3:60 tractor's knowledge, information, and belief the Work covered by 9. BALANCE TO FINISH, PLUS RETAINAGE 3l1-.14:..t -f97fr4-w :.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 ° issued and payments received from the Owner, and that current pay- ?�azt L'ngift P Y 1 P y �t:� �� NOTARY PUBLIC-MINNESOTA vent shown herein is now due. -------- _ y-eeNMxt 3JUN 4APIRES — JANUARY 31,20 CONTRACTOR:GRAUS CONSTRUCTION State of: Minne9ota County of: Ialota Subscribed and Sworn to before ■e da of5ept. ,1997 Notary Publ' By: Date: �d My Commission,exp fres. 1/31/2000 — AMOUNTCERTIFIED ............................... f ?134o4-00 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 applied for.) In accordance with the Contract Documents, based on on-site observa- ARCHITECT: Williams/O' r•en As r. ations and the data comprising the above application, the Architect -fies to the Owner that to the best of the Architect's know- By: Date: l t information, and belief the Work has progressed as indicated, T Certificate is not negotiable. The AMOUNT CERTI IF ED is t quality of the Work is in accordance with the Contract Documents, a able only to the Contractor named herein. Issuance, pay- :and the Contractor is entitled to payment of the AMOUNT CERTIFIED. ' ent and acceptance of payment are without prejudice to any_ rights of the Owner or Contractor under this contract. �ro APPLICASN AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 page 1 of 2 pages TO: Owner CITY OF ST.ANTHONY PROJECT: Project Name ST. A. DEMO APPLICATION NO: 4 .Disbributionto: Address 1300 NICOLLET MALL, Address 33RD AVE & PERIOD TO 2-Oct-97 8 OWNER Address SUITE 219 Address SILVER LAKE RD PROJECT NO: CONSTRUCTION MPLS, MN 55403 CONTRACT NO: MANAGER FROM CONTRACTOR: DKH Excavating, Inc. CONTRACT DATE: B ARCHITECT 7700 Hwy. 101 CONTRACTOR Shakopee, MN 55379 VIA ARTICHECT: NAME WILLIAMS & O'BRIEN CONTRACT FOR: ATTN: NAME JAMES O'BRIEN CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,informa- Application is made for payment,as show below,in connection with the Contract. tion and believe the Work covered by this Application for Payment has been completed in Continuation Sheet,AIA Document G703,is attached. accordance with the Contract Documents,that all a mounts have been paid by the 1 ORIGINAL CONTRACT SUM............... .... $ 166,850.00 Contractor for Work for which previous Certificates for Payment were issued and payments 2 Net Change By Change Orders................. .. $ 46,815.00 received from the Owner,and that current payment shown herein is now due. 3 CONTRACT SUM TO DATE(Line 1+2) ......... $ 213,665.00 CONTRACTOR- Date:TOTAL COMPLETED&STORED TO DATE.. .... $ 2- j_ 6' B Date: lo�% ? (Column G on G702) 20S94p,(D State of nnesota 5 RETAINAGE: County of Dakota A 5 % fCompleted Work $ tog4i-,00 Subscribed and sworn to before (Columns D+E on G703) B. %of Stored Material $ - me this ZN� day of LCD 19,!/ (Column F on G703) JACQUELINE M SMITH -Total Retainage(Line 5+5b or $ - Notary Public: INOTARY PUBLIC-MIKES= Total in Column I of G703) (��l3 pp M Commission it : Jt3 , AAMSEY COUNTY 6. TOTAL EARNED LESS RETAINAGE.. ........... $ -2- CGS�e ERTIFI ATE F ENT (Line 4 less Line S Total) In accordance with the Contract Documents,based on on-site observations and the data 7 LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 173,985.51 comprising this applications,the Construction Manager and Architect certify to the Owner (Line 6 previous certifcates) '2_4 a-7.41 that to the best of their knowledge,information and belief the Work has progressed as 8 CURRENT PAYMENT DUE.................. ... 494_74-41a I indicated,the quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. nn 9 BALANCE TO FINISH,INCLUDING RETAINAGE $ (J, ?2 -Oa AMOUNT CERTIFIED.... . ... .. . .... ..... .. . . $ L��SO7. `7-1 (Line 3 less Line 6) -� (At tacit explanation of amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that changed to conform to the am nt certified.) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARC T' e? / 7 Total changes approved in $Y. Date: / D '�' l previous months by Owner $ - R: Total approved this Month $ - Date: Totals $ - is Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET Changes by Change Order $ - tractor named herein. Issuance,payment and acceptance of payment are without predjudice.to any rights of the Owner or Contractor under this Contract. STATEMENT alfA I fill 2610 Marshall Street N.E. PAGE 1 Minneapolis, Minnesota 55418 Phone: 612/789-4305 G'D ACCOUNT NUMBER STATEMENT DATE CITY OF ST ANTHONY SAI001 09/30/1997 3301 SILVER LAKE RD ST ANTHONY MN 55418 TERMS 3/10, n/30 EOM • • • : AIVIO 08/05/97 00022816 IN 23. 81 23. 81' AT MINNEAPOLIS YARD 08/11/97 00023035 IN 71. 05 71. 05 AT MINNEAPOLIS YARD 08/12/97 00023089 IN 71. 96 71. 96 AT MINNEAPOLIS YARD 8/20/97 00023370 IN 10. 27 10. 27 AT MINNEAPOLIS YARD 08/28/97 00023569 IN 975. 24 975. 241 3301 SILVER LAKE ROAD ST. ANTHONY 08/29/97 00023626 IN 645. 54 645. 54 3301 SILVER LK RD ST ANTHONY 09/02/97 00023696 IN 24. 82 24. 82 k-' AT MINNEAPOLIS YARD 09/03/97 00023725 CR 50. 00 50. 00— AT MINNEAPOLIS YARD 09/04/97 00023781 IN 23. 81 23. 81 AT MINNEAPOLIS YARD 09/30/97 FIN CHRG IN 26. 22 26. 22 You`° way deduct .05— if ..your-- paycoent, is received by ,10/10/97 Your account '4s past' due. .. ? , Activity --after 09/30/1997 will be.. reflected on your next statement. CURREN 26. 22 48. 63 1747. 87 . 00 . 00 . 00 1822. 72 To avoid additional finance charges, pay by 10/30/1997 rhlyl %Ok/ �r� o once 0 . REINFORCING BAR FABRICATORS P.O.BOX 120267 Phone:(612)633-3337 • Fax: (6121633-2332 NEW BRIGHTON,MN 55112-0015 INVOICE iNVO10E NO. INVOICE DATE RN7I0621 09/24/97 ST. ANTHONY, City of B/L N.C. 9/L DATE **WILL CALL** MN " SHIPPING LOCATION ^ ST. ANTHONY, City of NEW BRIGHTON, MN CARRIER 3301 SILVER LAKE ROAD ST. ANTHONY MN 55418 CUSTOMER PICKUP WHSE/COLLECT CUSTOMER - CUSTOME _ TERM§ - TAX -GOU SALES NUMBER. JOHNO. 'r P.O..NO. - -';TAX INFORMATION ppE TAT, .rye CITK MAN STANTH 4433 NET 30 TAXABLE 1 MN OTYJREL. DESCRIPTION '' ,UNITS ''; PRICE/UNIT .AMOUNT; PER REBARFAB ORDER #709063 56 RB1642XX BLACK #16/05 GR 42/60 X 5-6 321LB 108. 00 G72 RB1642XX BLACK #16/05 GR 42/60 X 1-3 42LB 14. 00 48 RB1342XX BLACK #13/04 GR 42/60 X 5-0 160LB 54. 00 NO RETAINAGE ALLOWED PLEASE PAY FROM THIS INVOICE :; SUB TOTAL 176. 00 NET 30 DAYS NO STATEMENT WILL BE SENT SA 11. 44 LES TAX ORIGINAL INVOICE v. TOTAL w 187. 44 FN RUN' ml traw= i l •e:?,*..�4c• per. / ,V ^ t !!_ _ y.;.�..,"7 ` .._:i 1�(�r �Sal�i.• iY�i� aci'F`ta-.".'�r�"i:���'o . , tcv'�', +rr,';n °.' � . � - _ •7 aY.ti - I - SMOPI— OFFICE RETURN Central Investment Corporation 2845 Hamline Avenue North, #232 Roseville, Minnesota 55113 Phone: (612) 639-9711 Fax: (612) 639-9713 October 14, 1997 Mr. Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Morrison: RE: Nedegaard Construction Company On the above we enclose a copy of the Certificate of Occupancy for Lot 10; Block 1, The Village Commons. 18'accordance with the terms and conditions of the Redevelopment Contract by and between Nedegaard and the Housing & Redevelopment Authority of the City of St. Anthony, Minnesota dated August 21, 1995 and the subsequent Assignment to our company, we hereby request that you remit a check payable to Central Investment Corporation in the amount of$12,500.00 to us at the above address at your earliest convenience. Please contact me should you have any questions. Sincerely, Central Investment Corporation Patrick. auer cc: Nedegaard Construction Company • .�?�'. .gin• CvrSy, FRO�••�•• •r :,ti': '•tier•,. :,tint r•''::'!: tC, .r:(•:ti �1�'Jr'� f,:'i:f�•: �'\:�.:'•'::. �'it tiS .\, •i '�i; r.�� \t.•5 r. +\ .5..•t 1. :\�1•Y�ii ;r'; r,"�•�:1��:�• :C':�,f r' •V /'• �'\1•.,1.�• 'Ivy, �'Ct'�.: •a•. '•.i. .i�:- .1t., �. .il+ .•\�1 raj. r�1.. .}. ,�ti .a. ;l�..'' �'P.S:;i '•$;i,ii;�;. ;�a%:;'y;: •��5../%'1%r � �� �, .�.\•.. �' .!' ./" \::,�„�/' .r ..L;;f�\�f{/,. '�� �i '�`�i'.r•r.':,^�` .\•.r7•r,• +V'',. .y', :\\ \`va• ��•�, .\,1;{:5g .�..:;�1:' ",. ,nti:;.. �.•.yt-_..\, ./l;i+::, :�cIi` V :�.' ���:.`:") �. •/ .45V,r,�+'�a,. {• \'r[r' �!.i , ♦\1, :/<� V': 4,. ery:'r' !� ;1. •;\�':�i. •.�.� % .��f..• ` �.u�:....t. �','�!: t.� �q, 'a•:'.�. `.�..[ r;: '?✓ .71' i �'�'% �I i•.� !. i,, r. t •':G R ,, f, a.r �tix itl, .\'�y' tr .:1 :i-'= t •f1',? t• r J Y l•ti !� ', �i;' r �c�' jl� �i 1 rF •1,i � r! r Nor `�, fj �• a. +�'' (lt `31�' fi.�,r��� .I+r � th• �,. ,♦ b � r;�4 1. l: i,. � �. � : �jffff,,.�1.(� � \�V ��•4::1•,.^'.'.'�.VI,,,�i .^�f..l�, of @rCupanq �•t I.. Of ANTHONY I'll This .�+•tip Certificate d pursuant to the requirements of Chapter 3 of the Uniform Building Code certifying J at the time of issuance was / f I various.ordinances of die 04, regu lating building construction or use. For the following: Use Classification Bldg. Pern�t No. s•r �1 C • • ♦ ♦ •• • Zone ♦ Building uI ♦d J� 1 • • r • • I Bading Address t t r'�% ; • Building �~ POST I • ::. is :1• Jp i1�1 :hti . ?' Il�: = ;r• :i:r 1, +, t1, , r: V�. .1 ,,. ,.,, .ai,;.r` :\ �..i It .r r.r r t :•• .�. l•. ���". lid . ;�;`�. ,� t,••' ., .,. :�• r;y, i'/�::;a;,;l��, ti:��:.,-i:' •��•''��''''.'�'•.". /. 1. '�a .:l�;\\\ !1 .�'• v'.�;•. i'i': '•.t., �:;.t�'+.'•. •�.•/ :�„t::•:`. L.} �//.,t':••'��.. �r \•.�../.. .� ./,;.r• .\�.',' •rJ„ a: ,��{+� r\tir,,� � tt\,�. .\,�. \mot ,r.;:�r..,;., .,;::;� .:V•, •r.•. :%•.lati:` •o••r,.•J,.:...- '•� 0 C/ C Central Investment Corporation 2845 Hamline Avenue North, #232 Roseville, Minnesota 55113 Phone: (612) 639-9711 Fax: (612) 639-9713 October 9, 1997 Mr. Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Morrison: RE: Nedegaard Construction Company On the above we enclose a copy of the Certificate of Occupancy for Lot 4, Block 1, The Village Commons. On accordance with the terms and conditions of the Redevelopment Contract by and between Nedegaard and the Housing & Redevelopment Authority of the City of St. Anthony, Minnesota dated August 21, 1995 and the subsequent Assignment to our company, we hereby request that you remit a check payable to Central Investment Corporation in the amount of$12,500.00 to us at the above address at your earliest convenience. Please contact me should you have any questions. Sincerely, Central Investment Corporation Patrick auer cc: Nedegaard Construction .Company I I . --.. .".. -.-"--, I .-... 1. — �L' .-Le, t ''mot /,nAc��/i•% � �� ••.u.4. .� .\+�i�. ��ir.•'��'' lr��>G:: !S \} ����.I.;x .�cc:•��` `�,,i+�;••yn� +"K;�:':ai :/, r7•'•.• `S�;r .n.� y.}v,., •�' .:7•t' ((��!'r:f j\ a.. ;;: \j /. :•:.�. ' ..• �\\:\: 1:.,`t.'7,.. ..F`"' _ y.. L .;:f. .r... .\`•r r :..'`j�':. , \ '%:.'4` /'�.ti. �• ``c. . :'f�,a':=:{; .f.. .�� a. 1•.fir :::Si. " � @:.s::.•;/ •.k:;, ..,e•. 'v;.. "%� �' :.s '%*Z�,l �.1•�;'%': ��:• ..1,. `�i.: S.f� ♦ '3` -'�(/%'• Y �/ .t:� f/...L:. �.,� .i�` 'f�..L`` 1.` .r:. 'r `.y �''s' ��:_ QVIertifirate ruur IN, x (�+'�t of ST ANTHONY ti{= r M Dee artmrnt of Nuildtug Jusp�ectt.au ,�. A r>;;• z rr � , X This Certificate issued pursuant to the requirements of Chapter 3 of the Uniform Building fir•�:. Code certifying that at the time of issuance this structure was in compliance with the -v various ordinances of the City regulating building construction or use. For the following: Use Classification Bldg. Permit No. Group Type Construction Fire Zone Use Zone �+ Brickner Builders Owner of Building Address aL 3421 Fordham Court Locality— St A h ny, MN 55421 u� Building Address—3421 — , ' By: ���<.�- --- ; � i� •� /mil'/ ��� � L ,.r,. ! �,_ �.r. /� 'I••'��`-'- Date:— %. ���=�ti''� -4-� uilding Official POST IN A CONSPICUOUS PLACE, a X�, des ;.,.,,.r :��s'` s-:a�' Y•,,;s,:y wy^,:. ��: =.�.. C: - '•Y�,:� 'ti;� s. c .j4 "a•.r y �,;.:k r"?'x• •U •` '` y.. :r � `f•r C\�•:f: •\',�. z'�_ �S,• e. ti �%/! .. ��f �'r: �•`r�.'`:. `�:, 1 �:r � .�{r �]�t�!• !j � �i `,` t, �, r :'fr`•.. \ •r[•� •��'• ..� ,.•'r �` j ..�;� f.� ;• 'r ;ter y r/ i' ��• / .�G• /)11 r .C1 C Central nn 2845 Hamline Avenue North, #232 Roseville, Minnesota 55113 Phone: (612) 639-9711 Fax: (612) 639-9713 October 20, 1997 Mr. Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN , 55418-1699 Dear Mr. Morrison: RE: Nedegaard Construction Company On the above we enclose a copy of the Certificate of Occupancy for Lot 2, Block 1, The Village Commons. accordance with the terms and conditions of the Redevelopment Contract by and between Nedegaard and the Housing & Redevelopment Authority of the City of St. Anthony, Minnesota dated August 21, 1995 and the subsequent Assignment to our company, we hereby request that you remit a check payable to Central Investment Corporation in the amount of$12,500.00 to us at the above address at your earliest convenience. Please contact me should you have any questions. Sincerely, Central Investment Corporation Patrick auer cc: Nedegaard Construction Company • .r l "l r'l '•4 ,-jT'�y.,•1Y,•�, a !.'L}•' -t, �:.�i1.```' :.7i��.` .. •�:' i. :I�IY>;i..��`° W,.; •.f., .., `•: ,y '''`.. �...` .., `.. .�r �' .• fK:: .• :,,5 ''"= .a•' 1 M q ANTHONY ST r. L1\ ' 1 A iz quireme . .7 -7his Certificate issued pursuant to there nts of Chapter 3 of the Uniform Building Code certifying that at the time of issuance' this structure was in comp iance with the Ming vanous ordinances of the City regulating bu' ,l construction or use. For the following: Use •t :+:%� F •a�.. yJ:�. Classification Bldg. Pernit • .'• :'.•:. Group Type Constmction Fire Zone Use Zone :. Carlton Waddell F' Owner of MIding Address 3425 Fordham Court :,~--• 1 1 /• • 1 St. Anthony, 'MN 55421 BY: df 11 A r • • ,. =:r POST IN A CONSPICUOUS PIACE LL �'•I,Qj(�•• ��'' . 4n,�.. �'�''W t .•3 u ,,t�,c'.�„y.'• -"^'yJ"�:. `.` .y..��•:.'"f-'Y.': -•'C�:`'•`� .. yam•p..��yy.. o•.:�.y..r.; ..�.,•�J�.r 7; 'b -.s. ,��•••:4f3�•. I � �j.'I q �a .1� �•Sa I.•:I6 •1'�.•(. :'ll{�•`:!. _T.l.r ,, !`.if F•. :Iii �.Slt l'�- ,. :��;'L. ��.I.:.R: •J•. !� If,. .F .(r I" I':• •1.. ..i' .i:.. .:I! y' ..y.,,. ': .I. ir..._ %! .•n ..p lj;.�: :a.; I •r r.' r. �i" Alan Chazin Homes Inc. 5353 Wayzata Blvd. #602 Mpls. Mn. 55416 Saint Anthony Village 3301 Silver Lake Road St. Anthony ,Mn. 55418-1699 Attention: Michael J. Morrison re: 3301 Stinson Av. N.E. , site based Tif funds Dear Mr. Morrison: In regards to the vacant site at 3301 Stinson Av. N. E: , 1 would like to enter into an agreement to utilize the T.I.F. funds earmarked to help develope this site. My intentions are to develope and build four townhome units that would be owner- occupied and when completed would have a market value between 130,000$ to 140,000$.The funds are critical to the project in order to help with site costs such as: removal of blacktop, concrete footings, curbs and slabs; to bring in needed fill to the site; to help trim trees on the north side of the lot and to defray the cost of • acquiring the raw land.In addition the monies would be used to ensure landscaping of a size and � quality to create a real buffer to the commercial areas and streets surrounding the site.When completed the project will generate additional tax dollars based on the completed value. This will be a quality development and will enhance this corner over its present state. Thank you for your consideration. Sincerely, Alan Chazin Homes Inc. 10/ 13/97 Project History of Alan Chazin Homes Alan- Chazin Homes, located at 5353 Wayzata Boulevard,602 , Mpls. Mn. 55416, has been active in Minneapolis and its suburbs in residential construction and land development since 1978. These Projects include: Site construction in Mpls.of scattered site single family homes on MCDA lots from 1978 to present. Development and construction of " Runnymeade Estates" located in Minnetonka- 28 single family lots 1978-81 . Single family scattered site construction for the Greater Mpls. Metropolitan Housing Corp. Development and construction of the Townhomes at Chowen Bend a 32 unit townhome project located in Burnsville, 1980. Development and construction of Cedar Hills Townhomes a 30 unit townhome project located in Minnetonka, 1982. Whittier Townhomes a 12 unit townhome project built in Mpls. 1983. Development and construction of Cedar Hills West and East a 275 unit apartment project located in Minnetonka -1986/87. Land development -Woodhill Pond -3 lot subdivision in Mtka.-1992 Developed the Estates of Edinburgh- 160 lots located in Brooklyn Park 1990-95 Development and construction - Manhattan on Grand 12 unit for sale townhomes 2005 Grand Ave St. Paul, 1996. Development and construction of Regency Parc p 9 Townhomes a 86 unit townhome project in Eden Prairie -1997- 6542 Regency Lane Commercial Projects Braemar Sports Medical Building - 10,000 s.f. medical office building located in Edina-7201 Washington Ave-1986 Hennepin Plaza -5000 s.f. retail building at 2300 Hennepin Ave, Mpls 1991 . • Affiliations Member of the Builders Association of the Twin Cities. Member of the Multi-Housing Association Member of the Minnesota Construction Management Association I , 1 1 1 I Sa1 " b ---------------------- °______ ' —" ' - � I P� : 00- 01 1 I , 4 i C I I 1 • p o..r aw t , P-Pow St.Anthony Town l lomcs rn � t\\ r Alan Chenn Homes,Inc --- In 0 ' Lr'°_°^L---------- --- ------ -- Tara —_---- --------- - --- \ BAKER ASSOCIATES, INC. ARCHITECTS O eta llbal,IW v 6.r W aa...aaaa,.ea 6a� ra auawm r�en ezeeee ,�.�a.a•r.rr. 33rd Avenue N.E. Slte Data .M�tiMMRL'1 Total She Area 16,500 sq.R "`x`"`•°°10�� Proposed Hard Surface N°^ 8Wlakq Fgommq 7.057 sq.L p�7 ].559s sq.fL . S,eq,Sraope 6 Works 577 eq.R Total Proposed Hard Surface 7,789 sq.fL Site vle>, Allowable Hard Surface 8.250 sq.fl A 1 . caa.aw «m a� I I I 1 1 1 .ra I 1 �ue�n r.s,.n® y orb 1 a.ar°nt y - y I Drwp Poor I w I b L r,e,� 1 Bui fir.+borer y �, ,.yr l+.p°orr i urn.11,°°rn Iqw 4b _ ... „ or I b b I 5 i 5 St.Anthony Town I Ionics rr Alan Chazin Homes,Inc lb+•lr.r°Iq A BAKER ASSOCIATES, INC. ARCHITECTS ® lNIm111/ IiJw w re�11fa.ElN rr ir.rrrrr.wirmr o< wwr Unit Plus A2c.wrwo rar 0 0 o r RIM Je.:t WON maw O \�� I1 • I ��hlaano—OR _w ■����'1� annnwnaum����nunnwa}muuee•�■■1 � ��, �-� ■■ i E®� ■■ aiunuunnitrwtwluun�uununua9r #ri #■4avuunuu�:,aunoauuanuur;cur nl 1 � f � cnawnlouoauwnnwr �nlnunr�� #■■.■�■. #�■li■� °m . �! ■ ea to~ " 1 :•', ■t1t1 � '� ■�����' 1�� try ■�■ 7� ■�! � ' ��'s�����\■ r> • . e.'+ n•' �nr�x•,n�arn I •rffrstln 7v�.iv f�mac• e-�raa,aw •7•Y ST gvsa• n>a�a'1TY.1T.TrIN T'.>:'4./Y$ti7 Ir:1 �n ai`�v�st�asf.>��•��n �`._� a �q�.�ii+.tes�� �a•ye• r■I vrags.e.::�deais.�ti"rrd�dass��}} _ate•., n ar�fetta.sea#sred,.r/�R,z{ a1 di.FR6S1allfiAtiRit{Ffl1'L k dM1•Z l d>?SS(Li76li#fi[FiiYt711i70 0... Yt+lt IIgg1; fYS 1S wfnnrfrfsrtt 1hC!?ltfiLNitFF{a17ffN1tSlL�I• LtiW/YS' iYKtiNitffldifHffNiffD I \W' SY etiTf}UUtfR rfdffii97fR/RI I I is ne {6 ,frtiamIfIfm f�I a ao g mmfmrfmfwams mw xfn;afsrnarf,ffrssufernr 1. r.�1,.?:•uL.v nca n 1eLNR�E'�.' , ,Bfl�>;�i r�lz> ustxei...�f» , s �.a..roofaa.ssra>assisso�',�'.,r.lilfavfx r�.vars.�.i. -��li- A v � iii► f II _� c—_ � 'sW.I.I��. ...pLr..�r,,a.l..l;.■ � ..I,W.��L aWaaLaaL■.iI■.■l ; ■aIng::ao I .M L 11:2:121:2. F� _— v CHANGE OWNER ❑ ARCHITECT ❑ ORDER CONTRACTOR 1:1 GRADS CONTRACTIN AIA DOCUMENT G701 FIELD El .OTHER ❑ D ppT 1 4 1997 PROJECT: ST.ANTHONY CITY HALL&COMMUNITYCTR. CHANGE ORA rSMBER: 13 (name, address) SILVER LAKE RD.AT 33RD ST.ANTHONY.MN DATE: OCTOBER 10,1897 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 9214 (name, address) CONTRACT DATE: OCTOBER,1995 GRADS CONSTRUCTION COMPANY P.O.BOX 34 CONTRACT FOR: GENERAL CONSTRUCTION.INCLUDNG HASTINGS,MN 55033 MECHANICAL AND ELECTRICAL The Contract is changed as follows: 1. Raceway changes in Council Room add 856.00 2.Duplex receptical to center of AN Room south wall add 148.00 3.Additional soap and towel dispensers in Rooms 13, 15, 17, 104, 106 add 832.00 4.Signage changes add 240.00 5. Modifications for moving Council Bench add 4723.00 6.Change flooring in Interview Room to Vinyl Comp Tile,save carpet for AN Room add 1254.00 7.Floor sealer change,wiring for disposals and two water heaters add 1051.07 8.Credit for landscaping allowance not used deduct 11875.00 NET CHANGE deduct $2771.00 Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)(Guaranteed Maximum Price)was . . . . . . . . . . . . . . . . . . . . . . . .S 3,151,900.00 Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 119,114.00 The(Contract Sum)(Guaranteed Maximum Price)prior to this Change Order was. . . . . . . . . .S 3,271,014.00 The(Contract Sum)(Guaranteed Maximum Price)will be(increased)(decreased) (unchanged)by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 (2771.00) The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order will be . .S 3,268,243.00 The Contract Time will be(increased)(decreased)(unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is DECEMBER,1996 NOTE: "Phis summary does not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Constriction Change Directive. W ILLIAMSOBRIEN ASSOC GRANS CONSTRUCTION THE CITY OF ST.ANTHONY VILLAGE ARCHITECT CONTRACTOR OWNER 1111 THIRD AVE.S.,SUITE 156 P.O.BOX 34 3301 SILVER LAKE RD. Address Address Address MINN P LIS,MN t)4 SINGS,MN 033 ST.ANT ,MN 418 BY BY 15Y � 16- ® ^ ® DATE q 1� • I I CAUTION: You should sign 'an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA® • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20M6 G701-1987 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution.