Loading...
HomeMy WebLinkAboutCC PACKET 07222003 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102993 Box: 29 Folder: CC PACKETS 2001-2004 Document: CC PACKET 07222003 CITY OF ST. ANTHONY Our mission is to be a progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL MEETING AGENDA July 22, 2003 7:00 PM Council Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the Following Items: I. Approval of the July 22, 2003 City Council Meeting Agenda. Action requested. II. Proclamations and Recognitions. A. Proclamation declaring August 5, 2003 as National Night Out. Action requested. (P-1) III. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record and limit their remarks.to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. IV. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve June 24, 2003 Council meeting minutes. (pp. 2 - 9) B. Licenses and permits. (pp. 10 - 11) C. Claims. (pp. 12 - 13) (Due to a breakdown in the financial computer, the remainder of the claims will be distributed at the meeting.) D. Ordinance 2003-008, re: CenterPoint Energy Minnegasco Franchise Renewal , Ordinance (2"d'reading). (pp. 14 - 15) P E. Resolution 03-061, re: Ramsey County SCORE Recycling Agreement. (pp. 16 - 21) V. Public Hearings. A. Resolution 03-048, re: Vacation of easement on Silver Lake Road relating to redevelopment of the Stonehouse area. Action requested. (pp. 22 - 23) VI. Reports, From Commissions and Staff. A. Planning Commission meeting - July 15, 2003. Action is requested on the following items: 1. Resolution 03-051, re: LaNel's (Autumn Woods II, LLP), request to amend the Planned Unit Development for an additional 38 units of adult rental housing at properties currently addressed as 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace. (pp. 24 - 26) 2. Resolutions 03-052 and 03-053, re: Amcon Construction's requests for redevelopment of properties currently addressed as 2900 Kenzie Terrace and 2700 Highway 88: (pp. 27 - 32) a. Conditional use permit for proposed restaurant; b. Conditional use permit for proposed on-sale liquor store; C. Two front yard set back variances; d. One rear yard setback variance; e. Parking variance; and f. Administrative subdivision request. 3. Resolution 03-054 and 03-055, re: Requests for properties currently addressed as 3501 and 3505 Silver Lake Road: (pp. 33 - 36) a. Conditional use permit for a proposed Fire Station; and b. One front yard setback variance. 4. Resolution 03-056, re: Requests for property addressed as 3801 Chandler Drive (the existing Public Works building): (pp. 37 - 40) a. Two front yard setback variances; b. One side yard setback variance; C. One rear yard setback variance; and d. One variance to allow for the proposed use of a supported membrane structure. P E. Resolution 03-061, re: Ramsey County SCORE Recycling Agreement. (pp. 16 - 21) V. Public Hearings. A. Resolution 03-048, re: Vacation of easement on Silver Lake Road relating to redevelopment of the Stonehouse area. Action requested. (pp. 22 - 23) VI. Reports From Commissions and Staff. A. Planning Commission meeting - July 15, 2003. Action is requested on the following items: 1. Resolution 03-051, re: LaNel's (Autumn Woods II, LLP), request to amend the Planned Unit Development for an additional 38 units of adult rental housing at properties currently addressed as 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace. (pp. 24 - 26) 2. Resolutions 03-052 and 03-053, re: Amcon Construction's requests for redevelopment of properties currently addressed as 2900 Kenzie Terrace and 2700 Highway 88: (pp. 27 - 32) a. Conditional use permit for proposed restaurant; b. Conditional use permit for proposed on-sale liquor store; C. Two front yard set back variances; d. One rear yard setback variance; e. Parking variance; and f. Administrative subdivision request. 3. Resolution 03-054 and 03-055, re: Requests for properties currently addressed as 3501 and 3505 Silver Lake Road: (pp. 33 - 36) a. Conditional use permit for a proposed Fire Station; and b. One front yard setback variance. 4. Resolution 03-056, re: Requests for property addressed as 3801 Chandler Drive (the existing Public Works building): (pp. 37 - 40) a. Two front yard setback variances; b. One side yard setback variance; C. One rear yard setback variance; and d. One variance to allow for the proposed use of a supported membrane structure. Page 3 5. Resolution 03-057, re: Request from Health Care Plus, Inc. for a conditional use permit for an adult day care facility at 2500 Highway 88, #105. (pp. 41 - 43) 6. Resolution 03-058, re: Requests from Northgate Condominium for four variances to allow proposed signage at 2500 Highway 88. (pp. 44 -46) VII. General Policy Business of the Council. A. Todd Hubmer, WSB & Associates, Inc., will be present for the following items: 1. Resolution 03-049, re: Order preparation of feasibility report for the 2004 street and utility improvements. Action requested. (pp. 47 - 50) 2. Resolution 03-050, re: Order distribution of Environmental Assessment Worksheet (EAW) relating to redevelopment of the Northwest Quadrant. (Action requested.) (pp. 51 - 53) B. Jerry Gilligan, Dorsey & Whitney, will be present for the following items: 1. Ordinance 2003-009, re: Amend ordinance to allow liquor establishments to remain open until 2:00 am. Action requested. (pp. 54) 2. Resolution 03-059, re: Registration of Stonehouse property. Action requested. (pp. 55 - 58) 3. Resolution 03-060, re: Approve redevelopment agreement with Amcon Construction. Action requested. (pp. 59 - 62) VIII. Reports From City Manager and Councilmembers. (pp. 63 - 64) IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment. 01 o ffla thoe PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime and drug prevention program on August S, 2003, called "National Night Out"; and WHEREAS, the "20th Annual National Night Out"provides a unique opportunity for St. Anthony to join forces with thousands of other communities across the country in promoting cooperative,police-community crime and drug prevention efforts; and WHEREAS, the City of St. Anthony plays a vital role in assisting the St. Anthony Police Department through joint crime and drug prevention efforts in St. Anthony and is supporting "National Night Out 2003"locally; and WHEREAS, it is essential that all citizens of the City of St. Anthony be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in the City of St. Anthony; and WHEREAS, police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out"program. NOW, THEREFORE, we, the St. Anthony City Council, do hereby call upon all citizens of the City of St. Anthony to join the St. Anthony Police Department and the National Association of Town Watch in supporting "20th Annual National Night Out"on August S, 2003. FURTHER, LET IT BE RESOL VED, THAT WE, THE ST. ANTHONY CITY CO UNCIL, do hereby proclaim Tuesday, August S, 2003 as "NATIONAL NIGHT OUT"in the City of St. Anthony. Mayor Date 02 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 JUNE 24, 2003 6 7 CALL TO ORDER. 8 Mayor Hodson called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Mornson and City Attorney Jerome Gilligan. 17 18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF JUNE 24, 2003, CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Thuesen to approve the City Council Meeting Agenda of June 24, 23 2003. 24 25 Motion carried unanimously. 26 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 III. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time to address the Council on items that 32 were not on the regular agenda. 33 34 Hearing none, Mayor Hodson moved forward with the agenda. 35 36 IV. CONSENT AGENDA. 37 38 A. Approve June 10, 2003, Council meeting minutes. 39 B. Consider licenses and permits. 40 C. Consider payment of claims. 41 D. Consider the third reading of the following ordinances: 42 1. Ordinance 2003-003, re: Pawnbrokers. 43 2. Ordinance 2003-004, re: Secondhand dealers. 44 3. Ordinance 2003-005, re: Pawnbrokers and Secondhand Dealers as conditional 45 uses in commercial districts. 46 4. Ordinance 2003-006, re: Fees for investigation and licensing of Pawnbrokers and 47 Secondhand Dealers. 48 5. Ordinance 2003-007, re: Amend ordinance to allow adult day care centers as 49 conditional uses in C zoned districts. City Council Regular Meeting Minutes 03 June 24, 2003 Page 2 1 2 Councilmember Sparks requested the removal of Consent Agenda Item A. 3 4 Councilmember Sparks requested that page 4, lines 21-23, read as follows: Councilmember 5 Sparks stated that the City should establish a grant process to assist residents who cannot afford a 6 lump sum payment. 7 8 Councilmember Faust requested that on page 7, line 40, it should read"DSU" instead of`BSU." 9 10 Motion by Councilmember Faust to approve the Consent Agenda items. 11 12 Ayes —4, Nays—0,Abstention — 1 (Horst). Motion carried. 13 14 V. PUBLIC HEARINGS. 15 None. 16 17 VI. REPORTS FROM COMMISSIONS AND STAFF. 18 A. Planning Commission—June 17, 2003. 19 1. Resolution 03-046 re: Side yard variance request for 2813 — 36th Avenue NE. 20 21 Dave Stepan, property owner of the single-family residential lot at 2813 —36th Avenue NE, 22 requested a side yard variance of 13 feet for a proposed distance of 32 feet from the curb for a 23 proposed addition. 24 25 Mr. Jim Hoska of the Planning Commission came forward and explained that Mr. Stepan was 26 building a 16' x 16' addition to his home. He stated that the ordinance currently in force would 27 not allow Mr. Stepan to build the addition without a variance being granted. Mr. Hoska added 28 that the Planning Commission had granted the requested variance, and he explained the reasons 29 for granting the variance. 30 31 Councilmember Faust noted that a similar variance had previously been granted in the same 32 vicinity. He stated that it had worked well, and no one looking at the property would know the 33 difference. Councilmember Faust stated he was in favor of granting the variance. 34 35 Councilmember Sparks asked questions about how the variance amount was calculated. 36 Discussion followed regarding the method for calculating the variance. 37 38 Motion by Councilmember Faust to adopt Resolution 03-046, approving a side yard variance 39 request for 2813 —36th Avenue NE. 40 41 Motion carried unanimously. 42 43 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 44 A. Consider Resolution 03-045 re: Approval of a polling location change. 45 City Manager Mike Morrison explained that registered voters residing in Precinct 1, Hennepin 46 County of the City of St. Anthony, had voted at the St. Anthony Fire Station in previous 47 elections. Due to redevelopment of the area in which the Fire Station is located and its City Council Regular Meeting Minutes 04 June 24, 2003 Page 3 1 subsequent relocation, a new location for said polling place needed to be established. After 2 consideration of available locations, it was determined that the most favorable polling location 3 was Doran Hall, located in the St. Charles Borromeo Catholic Church, 2739 Stinson Boulevard. 4 Mr. Morrison added that the resolution needed approval, as the voters in Precinct 1 must be 5 notified of the change 60 days prior to an election. 6 7 Councilmember Thuesen asked if this was a long-term solution. Mr. Momson responded that it 8 had the potential for being a long-term solution. 9 10 Motion by Councilmember Thuesen to adopt Resolution 03-045, approving a polling location 11 change. 12 13 Motion carried unanimously. 14 15 B. Consider Resolution 03-043, re: Approve decertification of Kenzie Terrace Tax 16 Increment Financing District. 17 City Attorney Jerome Gilligan recommended the City of St. Anthony take action to decertify the 18 Kenzie Terrace Tax Increment Finance District for the following reasons: 19 20 1. The bonds issued to finance the redevelopment would be callable February 1, 21 2004, and the City had adequate cash to pay the outstanding debt. Therefore, all 22 debt associated with the City Hall/Community Center Building would be retired. 23 In addition, by calling the bonds, interest expense of$235,315 would be saved. 24 2. Under the current law, other than for the City Hall/Community Center Bonds, the 25 increment from the District could not be used for other purposes outside of the 26 TIF District boundaries. 27 3. Decertifying the District would place the property back on the City's tax roles. 28 This would provide a significant increase to the City's tax capacity, and the City's 29 expenses would be spread across a larger tax base. Therefore, the tax burden 30 would decrease, and the impact of future debt would not be as significant. 31 4. Decertification of Kenzie would reduce the tax impact of the costs associated with 32 the building of the new Public Works and Fire Station buildings. 33 34 Motion by Councilmember Sparks to adopt Resolution 03-043, approving decertification of 35 Kenzie Terrace Tax Increment Financing District. 36 37 Discussion: 38 Mayor Hodson noted that the calling of the bonds would save the City approximately$235,000 39 in interest expense. He thanked the staff for taking care of the matter in such a wise fashion. 40 41 Motion carried unanimously. 42 43 C. Consider Ordinance 2003-008, re: CenterPoint Energy Minnegasco franchise renewal 0" 44 reading). 45 Mr. Gilligan indicated that CenterPoint Energy Minnegasco had been working throughout the 46 metro area over the past 12 to 18 months renewing their franchise agreements with cities. The 47 existing franchise with St. Anthony would expire in the near future. The proposed ordinance had City Council Regular Meeting Minutes 05 June 24, 2003 Page 4 1 been used in other cities and was derived from a model prepared by the League of Minnesota 2 Cities with certain modifications. The franchise ordinance gave CenterPoint Energy Minnegasco 3 a nonexclusive right to use public grounds to distribute gas to customers within the City. 4 5 Mr. Gilligan added that the franchise ordinance did not impose a franchise fee; however, it did 6 give the City Council the ability to impose said fee in the future should it choose to do so. He 7 added that, if the City chose to impose the franchise fee, like fees would need to be charged to 8 any other energy providers in the City to make the "playing field" level. 9 10 Motion by Councilmember Faust to approve First Reading of Ordinance 2003-008 re: 11 CenterPoint Energy Minnegasco franchise renewal. 12 13 Discussion: 14 Mayor Hodson asked if most Cities put together a franchise fee and, if so, by what process was 15 the fee determined. 16 17 Connie Hargest, Senior Specialist in Local Government Relations at CenterPoint Energy, came 18 forward to address the Council. She stated that many of the cities in the first-ring suburbs were 19 looking at franchise fees. She added that the franchise fees were an option for cities under State 20 statute. Ms. Hargest stated that she would appreciate if the City would work with CenterPoint 21 Energy if they decided to pursue a franchise fee, as CenterPoint Energy had experience in this 22 area. 23 24 Councilmember Faust commented that he did not know that the City was planning to implement 25 the franchise fee. At this point, the goal was to clean up some of the ordinances. 26 27 Councilmember Horst suggested discussing this issue at a future work session. 28 29 Ms. Hargest noted that the franchise agreement was a 20-year working agreement that allowed 30 CenterPoint Energy to operate within the City. 31 32 Motion carried unanimously. 33 34 D. Consider Resolution 03-044, re: Approve application for a grant through Livable 35 Communities. 36 City Manager Morrison indicated that the Metropolitan Council Livable Communities 37 Demonstration Account was designed to fund a variety of community development projects 38 through loans or grants that linked development and redevelopment with transit, linked 39 affordable housing with employment growth areas, intensified land use that led to more compact 40 development/redevelopment, encouraged public infrastructure that connected urban and 41 suburban communities, attracted sector investment or provided employment opportunities for 42 residents. 43 44 Mr. Morrison added that, for the 2003 funding round, staff wished to submit an application for an 45 $850,000 implementation grant that would be utilized for development of a central park with 46 lighting, kiosks, benches, etc., as well as improvements to the storm water and infiltration ponds. 47 If awarded funds, the City would be able to assure that the public park would be developed as City Council Regular Meeting Minutes 06 June 24, 2003 Page 5 1 originally envisioned by the City Council and Task Force. In addition, the existing water quality 2 issues could be adequately addressed. 3 4 It was noted that application would be submitted to The Metropolitan Council on June 30, 2003, 5 and funds would be awarded in November. 6 7 Mr. Morrison stated that the City had applied for a grant last year, and the grant had been denied. 8 He said that this year representatives from the City had met with Metropolitan Council staff 9 several times and, as a result, were asking for the grant of$850,000 to help put a park system 10 into Apache Plaza. Mr. Morrison added that he had just been advised that the City had been 11 awarded an environmental grant in the amount of$585,000 that would be designated for asbestos 12 abatement at Apache Plaza. The Council applauded Ms. Kvilvang's efforts in applying for and 13 receiving the environmental grant on behalf of the City. 14 15 Motion by Councilmember Faust to adopt Resolution 03-044, authorizing application for a 16 development grant through the Livable Communities Demonstration Program. 17 18 Motion carried unanimously. 19 20 E. Consider Resolution 03-047, re: Approve redevelopment option for Stonehouse/SAV 1 21 and Fire Station site. 22 Stacie Kvilvang, Ehlers and Associates, came forward to address the Council. She noted that on 23 December 12, 2002, Amcon Construction submitted a proposal to the City to redevelop the 24 Stonehouse/SAV 1 and Fire Station site. Amcon submitted four redevelopment options for the 25 Redevelopment Site to the City for review and consideration. After review of the options, it was 26 recommended that the City Council approve the development option that consisted of the City 27 retaining ownership of a portion of the land, owning its own Municipal Liquor Store and selling 28 the remaining land to the Developer for development of a restaurant pad and additional retail 29 space. Ms. Kvilvang explained how this option brought the most revenue into the City's general 30 fund. She also listed the future steps that would be required to complete the project. She added 31 that on July 22, 2003, the Council would decide how the financing would be accomplished. 32 33 Councilmember Faust asked if the final numbers would be available in the final Development 34 Agreement. Ms. Kvilvang responded that they would. Councilmember Faust asked who would 35 "eat the cost" if unexpected expenses were uncovered. Ms. Kvilvang stated that the numbers in 36 the final Development Agreement would include any unexpected expenses, as those numbers 37 would be known by that time. 38 39 Councilmember Thuesen asked City Manager Morrison if he was comfortable with the potential 40 options available in a situation where the land sale receipts were not adequate to finance the 41 liquor store. Mr. Morrison responded that option#1, financing the remaining balance from 42 internal City funds, would probably be recommended. Councilmember Thuesen stated that it 43 appeared a large portion would be financed through the sale. 44 45 Councilmember Horst asked if Amcon agreed with the option the City has chosen. Ms. 46 Kvilvang stated that they did. 47 City Council Regular Meeting Minutes June 24, 2003 07 Page 6 1 Motion by Councilmember Thuesen to adopt Resolution 03-047, approving redevelopment 2 option for the Stonehouse/SAV 1 and Fire Station site. 3 4 _Motion carried unanimously. 5 6 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 7 City Manager Mornson discussed the"Future Council Agenda Items"distributed to the Council. 8 He noted the following items: 9 ■ Six requests for planning review at the Council meeting on July 22, 2003. 10 ■ Work session with the School Board on July 29, 2003, which would be held at the new 11 Central Park Pavilion. 12 ■ Tax increment public hearing for Apache Plaza was deferred until August 26, 2003. 13 ■ Bid packages for the public works/fire facilities would be considered at the August 26, 2003, 14 meeting. 15 ■ Closed on Christian property; however, the residents of the homes have a lease with the City 16 until July 30, 2003. One of the City's obligations is to abate asbestos in the two homes, 17 which would be done the first week of August 2003. Bid packages were due August 12. 18 ■ Public hearing for conditional use permit and variances for the fire station and setback 19 variances for the public works building would be held on July 15, 2003. 20 ■ Construction Committee picked a groundbreaking date, for both buildings, of September 9, 21 2003, at 5:00 p.m. Refreshments would be served after the groundbreaking. 22 ■ Stonehouse auction was held on June 19, 2003. The early numbers showed that the City 23 netted $27,000. 24 ■ Meetings being held with County Board regarding easement issue, which is tentatively 25 scheduled for County Board approval at an August 8, 2003, meeting. 26 27 Mr. Mornson stated that Mayor Hodson had sent a letter to the utility company regarding an 28 extra V2% sales tax. He noted that CenterPoint Energy had responded immediately. 29 30 Councilmember Horst had no report. 31 32 Councilmember Sparks asked Mr. Mornson what was happening with the trees in the park. She 33 stated that they should have been in by the beginning of June. She also asked how the grass 34 looked. Mr. Morrison responded that there had not been any changes since the meeting with the 35 Park Commission. He stated that everything was on schedule. 36 37 Councilmember Thuesen asked Mr.Morrison about the grass at Central Park. He wondered if it 38 was the contractor who was putting in the grass and maintaining it. He stated that he had talked 39 with a resident who felt the grass should be establishing better and quicker. He asked if the 40 Council should explore obtaining the services of an"expert." 41 42 Councilmember Sparks responded that the City's consultant was supposedly an expert. She 43 stated there had been problems with the soil because it was sandy. The sandy soil was causing 44 the grass to take hold at a slower pace. She added that the sandy soil was chosen because of 45 drainage issues. Councilmember Sparks noted that the people who designed the park were not 46 taking care of growing the grass, as another entity was responsible for the turf management. 47 City Council Regular Meeting Minutes 08 June 24, 2003 Page 7 1 Councilmember Faust indicated that on June 13, 2003•,Mayor Hodson, Mr. Morrison and he had 2 met at Ehlers to finalize the report on the Blue Ribbon Panel to bring to the Council. He also 3 stated that he had attended the League of Minnesota Cities' meeting June 18 to 20, 2003. He 4 listed some of the speakers at the meeting and felt there had.been a very good interchange about 5 how cities were working. He noted there had been editorials in the-morning papers that stemmed 6 from that interchange. 8 Councilmember Faust stated that, later in the meeting, the mayor of Washington D.C. had been 9 the speaker. He felt the mayor's presentation was very enlightening and positive. He indicated 10 that a synopsis of proposed laws and laws that had passed this year, as they pertained to cities, 11 would be received in the mail. He encouraged those who could to attend the League conference, 12 as St. Anthony could emulate some of the things other cities were doing. 13 14 Councilmember Sparks noted that the Mississippi Watershed Management Organization would 15 be having a public hearing in St.Anthony on July 17, 2003—They would be presenting the 16 capital improvement projects slated for the upcoming budget year.. She also indicated that the 17 Village Fest,planned for August 2, 2003, at the Salvation Army camp, was moving forward. 18 19 Councilmember Faust indicated that the League of Minnesota Cities would be changing their 20 annual conference from June-to October, which hopefully would allow more opportunity for 21 attendance. 22 23 Mayor Hodson noted that he had received a call from one of the City's state representatives. She 24 suggested that she could give an update on what was happening at the Capitol. Councilmember 25 Faust asked if a meeting should be planned. Mayor Hodson asked Mr. Morrison if he thought the 26 meeting could be scheduled. Mr. Morrison responded that he would try to schedule a meeting 27 sometime in August. He thought that would be a good time, as the City would know the impact 28 of the budget changes by that time. He added that it would also allow the City to keep a pulse on 29 such issues as wine in grocery stores, elimination of enterprise funds, etc. 30 31 Mr. Morrison noted that on Monday, June 23, 2003, a letter had been sent to Congressman Sabo 32 from Mayor Hodson inviting him to the Chamber golf tournament. Mr. Morrison stated that 33 Congressman Sabo had called personally and indicated that he would like to attend. 34 35 City Attorney Gilligan noted that the legislature had scheduled the bar closing time at 2:00 a.m. 36 He added that, if the City did not take any action, restaurants could remain open until 2:00 a.m. 37 It was the Council's responsibility to act if they wanted to keep the closing time at 1:00 a.m. 38 39 Councilmember Sparks indicated she would like to keep the closing time at 1:00 a.m. 40 41 City Manager Morrison stated that the City was in a unique position because it did not have any 42 restaurants. He noted that the tone could be set now, and any restaurants that came into the City 43 would know the rules. 44 45 Councilmember Sparks asked if this should be handled before the liquor licenses were issued. 46 Mr. Gilligan responded that he would recommend acting before the liquor licenses were issued. City Council Regular Meeting Minutes 09 _ June 24, 2003 Page 8 1 Mr. Mornson noted that, according to Amcon, the restaurant would be applying for its liquor 2 license in August. 3 4 Councilmember Faust stated that, if the City were preemptive and proactive and kept the closing 5 time at 1:00 a.m., the ordinance could always be amended at a later date if the City's restaurants 6 were at a competitive disadvantage. He added that he was concerned about the competitive 7 issue, but he was also concerned about the community. Mr. Gilligan responded that he thought 8 that was a wise way of handling the situation because it gave the City control. 9 10 Mayor Hodson indicated that he had mixed emotions regarding the issue. He stated he saw it as 11 the City squelching the time businesses were open, and he had not seen any proof that a later 12 closing time would cause problems. 13 14 Councilmember Thuesen stated that he was also struggling with the issue. He questioned 15 whether, from a competitive point of view, staying open until 2:00 a.m. would help the 16 businesses. He noted that he needed further information to form a final opinion. He felt the 17 Council should check documentation from other cities and states to determine if there were 18 negative effects. 19 20 Councilmember Sparks noted that the Council did not have to make a decision immediately; 21 however, they needed to agree to vote on the issue. Councilmember Faust requested that an 22 ordinance be brought before the Council for their vote. 23 24 Councilmember Sparks asked if a sign needed to be posted regarding the carrying of guns. Mr. 25 Gilligan responded that the City could not post signs because it was not a private entity. Mr. 26 Mornson added that, because of the school, a sign would be posted in City Hall. 27 28 IX. INFORMATION AND ANNOUNCEMENTS. 29 None. 30 31 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 32 None. 33 34 XI. ADJOURNMENT. 35 Mayor Hodson adjourned the meeting at 8:00 p.m. 36 37 38 Respectfully submitted, 39 40 41 Marjorie R. Jenkins 42 TimeSaver Off Site Secretarial, Inc. 43 44 Mayor 45 ATTEST: 46 City Clerk 1® Saint Anthony Village DATE: July 22, 2003 Approved: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: License and Permits for Approval: Multiple Dwelling License: D & J Properties/ 3721 Chandler Drive Heating and Air Conditioning License: Gilbert Mechanical Contractors, Inc. Edina, MN Max Mechanical, New Brighton, MN St. Paul Plumbing and Heating Co., St. Paul, MN Standard Heating & Air Conditioning, Minneapolis, MN Superior Contractors Inc., Crystal, MN Automatic Garage Door&Fireplaces, Brooklyn Park, MN Kath Heating and Air Conditioning, Little Canada,MN Alliant Mechanical, Eagan,MN Sedgwick Heating&Air Conditioning, Minneapolis, MN Yale Mechanical, Bloomington, MN Royalton Heating& Air Conditioning, Brooklyn Park, MN Centraire Heating&Air Conditioning, Inc., South Eden Prairie, MN Thermex Corporation, St. Louis Park, MN River City Sheet Metal, Coon Rapids, MN Metropolitan Mechanical Contractors, Eden Prairie, MN St. Marie Sheet Metal, Inc., Spring Lake Park,MN Contractors License: Card Construction, Mendota Heights, MN Universal Sign Company, St. Paul, MN 11 Saint Anthony Village DATE: July 22, 2003 Approved: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Liquor Licenses Approval: Temporary 3.2 Beer and Wine License: Friday, August 1, 2003 8:00 p.m. — 11:00 p.m. St. Anthony Village Shopping Center Tenants Association Village Fest Celebration/Music and Dance BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 07/07/2003 13: Check Register GL540R-VO6.54 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 000020 AA BATTERY CO 20349 07/09/03 41.54 008471 AIRGAS NORTH CENTRAL 20350 07/09/03 54.06 007252 ALBRECHT 20351' 07/09/03 49.35 008621 ALLIANCE MECHANICAL 20352 07/09/03 192.00 008268 AMERICAN PAYMENT CENTERS 20353 07/09/03 75.00 008450 ANIMAL CONTROL SERVICES, 20354 07/09/03 201.00 008909 ARCH WIRELESS 20355 07/09/03 21.81 008540 ASPEN EQUIPMENT 20356 07/09/03 75.55 008511 AT&T WIRELESS 20357 07/09/03 8.27 .00002 B & B ADCRAFTER, INC. 20358 07/09/03 589.65 000320 BEISSWENGER APPLIANCE 20359 07/09/03 3.18 007168 BOYER FORD TRUCKS, INC. 20360 07/09/03 68.38 000535 BUREAU OF CRIMINAL APPRE 20361 07/09/03 40.00 002380 CENTERPOINT ENERGY MINNE 20362 07/09/03 1,862.30 008950 COMCAST 20363 07/09/03 4.65 004107 COMPTON'S COMMERCIAL CLN 20364 07/09/03 4,169.48 007382 CROWN FENCE & WIRE COMPA 20365 07/09/03 6.61 007178 D-ROCK CENTER & SMALL EN 20366 07/09/03 91.60 008834 DEMSEY'S STUMP SERVICE 20367 07/09/03 50.00 000807 DIAMOND VOGEL PAINTS 20368 07/09/03 549.52 008921 DYNAMEX 20369 07/09/03 10.55 008666 EASYLINK SERVICES CORPOR 20370 07/09/03 101.50 008251 FAUST/JERRY 20371 07/09/03 102.76 008153 FILTERFRSH 20372 07/09/03 55.98 000980 FLEXIBLE PIPE TOOL CO 20373 07/09/03 43.37 008221 FOSTER,WENTZELL,HEDBACK, 20374 07/09/03 5,000.00 008647 FRATTALLONE'S HARDWARE 20375 07/09/03 8.83 001030 G & K SERVICES INC 20376 07/09/03 447.04 001250 GRAINGER INC/W W 20377 07/09/03 31.38 001300 HACH COMPANY 20378 07/09/03 162.00 008709 HALL/SUSAN M.H. 20379 07/09/03 30.04 001420 HAWKINS WATER TREATMENT 20380 07/09/03 33.34 008376 HENNEPIN CNTY SHERIFF'S 20381 07/09/03 8.00 00001 HENNEPIN COUNTY ATTORNEY 20382 07/09/03 108.00 005017 HENNEPIN COUNTY TREASURE 20383 07/09/03 117.00 008252 HOME DEPOT-GECF 20384 07/09/03 61.94 008891 INTER-TEL TECHNOLOGIES 20385 07/09/03 190.00 00001 LAMERE CONCRETE 20386 07/09/03 864.00 001980 LEAGUE OF MN CITIES 20387 07/09/03 295.00 004233 LMCIT o BERKLEY RISK SE 20388 07/09/03 13,452.50 008254 LMCIT BERKLEY ADMINIST 20389 07/09/03 1,161.00 00003 LYNN CARD COMPANY 20390 07/09/03 63.69 008710 MATRX MEDICAL INC. 20391 07/09/03 205.77 008263 MCLEOD USA, INC. 20392 07/09/03 1,805.72 007835 METROCALL 20393 07/09/03 218.02 002240 METROPOLITAN COUNCIL 20394 07/09/03 30,766.67 008467 MIDWAY FORD 20395 07/09/03 4.16 002280 MIDWEST ASPHALT CORP 20396 07/09/03 74.78 ML N BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 07/07/2003 13: Check Register GL540R-V06.54 PAGE 2 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 007340 MINNEAPOLIS FINANCE DEPT 20397 07/09/03 5,037.87 008269 MINNESOTA SHREDDING LLC 20398 07/09/03 54.95 008280 MINNESOTA STATE TREASURE 20399 07/09/03 321.85 00002 MN DEPT OF TRADE AND 20400 07/09/03 10.00 008422 NAT'L FIRE PROTECTION AS 20401 07/09/03 56.41 008326 NEWMAN TRAFFIC SIGNS 20402 07/09/03 73.63 000045 OFFICE DEPOT 20403 07/09/03 224.20 007226 OLSON'S PLUMBING 20404 07/09/03 625.00 008631 PARTS PLUS ROSEVILLE 20405 07/09/03 3.54 002880 PITNEY BOWES INC 20406 07/09/03 234.75 008274 PITNEY BOWES, INC. 20407 07/09/03 168.37 004372 PLUNKETT'S 20408 07/09/03 86.26 007057 PRAXAIR 20409 07/09/03 22.88 004492 QWEST 20410 07/09/03 62.02 005270 ROSEVILLE RADIO 20411 07/09/03 119.54 008682 SEEDORFF MASONRY INDUSTR 20412 07/09/03 1,202.18 003350 SEH-RCM 20413 07/09/03 2,995.39 008846 STANTON GROUP 20414 07/09/03 165.02 008700 TC WEB TECH 20415 07/09/03 712.00 00003 TEK SERVICES, INC. 20416 07/09/03 250.00 007337 TIMESAVER OFF SITE SECRE 20417 07/09/03 457.98 008907 TOUSLEY FORD 20418 07/09/03 79.74 003560 TRACY PRINTING 20419 07/09/03 233.75 008859 U.S. BANK 20420 07/09/03 201.25 008336 UNITED ELECTRIC COMPANY 20421 07/09/03 189.79 008561 UNITED RENTALS COMPANY 20422 '07/09/03 42.18 008227 VERIZON WIRELESS, BELLEV 20423 07/09/03 864.66 004494 WASTE MANAGEMENT - BLAIN 20424 07/09/03 268.49 008273 WSB & ASSOCIATES, INC. 20425 07/09/03 46,277.55 BREMER BANK NA 124,618.24 *** sa W 14 MEMORANDUM TO: Mayor and Members of the City Council Michael Mornson, City Manager FROM: Jerome P. Gilligan DATE: June 18, 2003 RE: CenterPoint Energy Minnegasco Franchise Renewal Ordinance CenterPoint Energy Minnegasco has been working throughout the metro area over the past 12-18 months renewing their franchise agreements with cities. The existing franchise with St. Anthony will expire in the near future. The attached form of franchise ordinance has been used in other cities and is derived from a model prepared by the League of Minnesota Cities with certain modifications. The franchise ordinance gives CenterPoint Energy Minnegasco a nonexclusive right to use public grounds to distribute gas to customers within the City. The proposed franchise ordinance differs from the prior franchise since it does not specify policies and procedures related to the location of facilities in the City's streets and rights- of-way. Instead the proposed franchise ordinance incorporates the City's Right-of-Way . Management Ordinance (Section 1165 of the City Code), with respect to the location of facilities in the City's public grounds. Under the proposed franchise ordinance the City has the right to adopt a franchise fee by a separate ordinance. The franchise fee must be imposed on a same or greater equivalent amount on all other energy providers in the City that the City has a right to impose such a fee.or tax. The fee may be calculated on the basis of a percentage of gross revenues received from customers, a flat meter based fee or a combination thereof. The adoption of the franchise ordinance does not impose a franchise fee but gives the City Council the ability to do so in the future should it wish to do so. DORSEY & WHITNEY LLP FRANCHISE ORDINANCE FOR 15 CENTERPOINT ENERGY MINNEGASCO ORDINANCE NO.2003-008 CITY OF ST. ANTHONY, HENNEPIN AND RAMSEY COUNTIES,MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO,A NATURAL GAS UTILITY, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORP.,A DELAWARE CORPORATION,ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF ST. ANTHONY,MINNESOTA, FOR SUCH PURPOSE; AND,PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, HENNEPIN AND RAMSEY COUNTIES, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of St. Anthony, Counties of Hennepin and Ramsey, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals,but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Minnegasco, a natural gas utility, a division of CenterPoint Energy Resources Corp.., a Delaware corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Effective Date. The date on which the ordinance becomes effective under Section 2.2. JMS-178096v12 1 SH155-77 16 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 061 A RESOLUTION APPROVING THE RAMSEY COUNTY SCORE FUNDING RECYCLING GRANT AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City Council of the City of St. Anthony desires to enter into an Agreement with Ramsey County relating to a SCORE funding recycling grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the SCORE Funding Recycling Grant Agreement for 2003 with Ramsey County and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City of St. Anthony. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 17 AGREEMENT BETWEEN RAMSEY COUNTY AND CITY OF SAINT ANTHONY FOR A SCORE FUNDING RECYCLING GRANT This Agreement is between Ramsey County (the "County" )and City of Saint Anthony(the "Municipality"). 1. OBLIGATIONS a. Reimbursement 1. The Municipality is obligated to provide for curbside recycling for at least four materials, including programs or provisions for assuring residential recycling service is available to residents on-site at all multi-unit housing and manufactured home parks. The County may deny reimbursement to the Municipality, or seek recovery of payments disbursed to the Municipality, if the Municipality is unable to verify that recycling collection service is provided at each place of residence. The County may deny reimbursement, or seek recovery, of that portion of the grant amount equivalent to the proportion of households not provided recycling collection service. 2. The Municipality is required to credit the County and the State of Minnesota's SCORE fund as funding sources in any public education materials. 3. The Municipality shall incur expenses for reimbursement by the County in accordance with the budget, presented in Attachment A, which is attached and incorporated into this Agreement. Reimbursement is not to be requested for expenses reimbursed by other sources or for expenses that do not meet the eligibility criteria outlined in the SCORE grant application guidelines. Proper documentation is required for reimbursement 4. The County shall reimburse the Municipality for adequately documented requests consistent with Attachment A submitted by the Municipality. Reimbursement is contingent upon the County receiving the SCORE funds from the State of Minnesota. In the event that SCORE funds actually received by the County are less than the amount budgeted by the County, the amount of the grant to the Municipality will be reduced in proportion to the population of the Municipality. 5. Reimbursement will be made according to the following schedule: For the period of: Reimbursement will occur after. January 1 -March 31 April 1, 2003 April 1 -June 30 July 1, 2003 July 1 - September 30 October 1, 2003 October 1 -December 31 January 1, 2004 b. Reports 1. The Municipality shall submit two reports to the County. The first is due to the County on August 15, 2003. The second is due on February 1, 2004. The report due August 15, 2003, will include program information for January 1 through June 30, 2003. The second report will include information for July 1 through December 31, 2003. These reports are to include information on recycling at all residential units, including multi-family buildings and manufactured home parks, even if the Municipality does not provide collection services to those units. 2. The reports shall be submitted on forms provided by the County. - 18 c. Financial Report The Municipality shall be required to submit, if requested by the County, an audited financial report to the Ramsey County Budget and Accounting Office. The report shall show how funds received from Ramsey County were disbursed. 2. TERM The_term of this agreement shall be from January 1, 2003, through December 31, 2003, the date of signatures notwithstanding. 3. CANCELLATION Either party may cancel this Agreement at any time upon thirty (30) days written notice to the other party. In the event of termination, the Municipality shall be entitled to reimbursement for those eligible expenses incurred up to the termination date, provided the expenses have been incurred according to the budget shown in Attachment A and the Municipality is'not otherwise in default of any terms and conditions in this Agreement 4. DEFAULT Any of the following shall constitute default on the part of the Municipality: a. The failure of the Municipality to use funds in a manner consistent with this Agreement and Attachment A. b. The failure of the Municipality or its(sub)contractor(s) to use their best efforts to ensure the maximum collection and marketing of recyclable materials from all residential units. c. The failure of the Municipality to provide information satisfactory to the County as required in this Agreement, including information requested on the report forms provided by the County. d. The failure of the Municipality to meet any terms and conditions of this agreement. 5. GENERAL CONDITIONS a. All services and duties performed by the Municipality pursuant to this Agreement shall be performed to the satisfaction of the County and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations as a condition of payment. The Municipality agrees that it will comply with all federal, state, and local statutes and ordinances relating to nondiscrimination. b. The Municipality shall at all times be an independent contractor and shall not be the employee of the County for any purpose. The County shall not be responsible for the payment of any taxes, either federal or state, on behalf of the Municipality, nor shall the County be responsible for any fringe benefits. No Civil Service or other rights of employment will be acquired by virtue of Municipality's services. c. The Municipality and County mutually agree to defend, hold harmless, and indemnify the other party, its officials, agents, and employees, from any liability, loss, or damage they may suffer as a result of demands, claims,judgments, or costs arising out of or caused by the- indemnifying party's performance of their respective obligations under the provisions of this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limits of or exceptions to liability set by law. 19 d. All data collected, created, received, maintained, or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, or any other applicable State statute, any State rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy, The Municipality agrees to abide by these statutes, rules, and regulations. e. All books, records, documents,and accounting procedures and practices of the Municipality and its (sub)contractor(s), if any, relative to this Agreement are subject to examination by the County and the State Auditor, as appropriate, in accordance with the provisions of Minnesota Statutes §16C.05, Subd. 5. g. The Municipality shall make all reasonable efforts to ensure that their employees, officials and subcontractors do not engage in violence while performing under this agreement. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to threaten or hurt people; it is any action involving the use of physical force, harassment, intimidation, disrespect, or misuse of power and authority, where the impact is to cause pain, fear or injury. h. The Municipality will be required to pay interest of 1'/ percent per month or any part of a month to any subcontractor on any undisputed amount'not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Municipality shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Municipality must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. i. All equipment purchased using funds provided in this Agreement shall remain the property of the Municipality. j. Any amendments to this Agreement shall be in writing and signed by both parties. 6. RECYCLING MARKETS SUPPORT FUND During 2003, the County will reserve for the Municipality a portion of the County Recycling Markets Support Fund for the Municipality. This portion will be the proportion of the Municipality's population residing in Ramsey County to the entire Ramsey County population, according to 2000 Metropolitan Council population figures, multiplied by the total amount of the Support Fund. To gain access td'these funds, the Municipality must first apply to the County, in accordance with the County's guidelines in place at the time for distribution of the Recycling Markets Support Fund. The Municipality will be allowed to incur expenses for reimbursement in accordance with its application, including eligible activities and maximum potential reimbursement amount, once such application is approved by the County. The County shall reimburse the Municipality for adequately documented requests consistent with such an approved application. The Municipality must provide evidence, upon request from the County, that no Support Fund monies were used to landfill recyclable materials and transport materials to a landfill. The County reserves the right at any time to amend the total amount of the Support Fund, to amend the guidelines for distribution of the Support Fund, or to eliminate the Support Fund. 7. WASTE REDUCTION The Municipality shall comply with Minnesota Statues §115A.151 regarding recycling in local government facilities. The Municipality and its (sub)contractor(s) shall participate in a recycling program for at least four broad types of recyclable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this agreement shall be printed on both sides of the paper, where commonly accepted publishing practices allow, on recycled and recyclable paper using soy-based inks, and shall be bound in a manner that does not use glue. 2® 8. PUBLIC ENTITIES MANAGEMENT OF WASTE The Municipality shall comply with Minnesota Statutes §115A.46 and §115A.471 when arranging for the management of mixed municipal solid waste (MSW) and assure delivery of such waste to a waste processing facility for resource recovery. RAMSEY COUNTY CITY OF SAINT ANTHONY BY BY County Manager Date Title: Date Funds are available, code: 2003-12901-581080-425101-G213001 Approved as to Form: BY BY Budget and Accounting Municipality Attorney Insurance Approved and Approved as to Form: By By Assistant County Attorney. Clerk-Treasurer Recommended: By Director, Department of Public Health 21 ATTACHMENTA SAINT ANTHONY 2003 SCORE FUNDING GRANT BUDGET ADMINISTRATION: $3,332.00 PROMOTION ACTIVITIES: $ 1,011.00 (DETAIL) EQUIPMENT: $ 0.00 COLLECTION OF RECYCLABLES: $ 0.00 (DETAIL) TOTAL SCORE GRANT: '$4,343.00 22 CITY OF ST. ANTHONY RESOLUTION NO. 03-048 VACATING RIGHT-OF-WAY EASEMENTS WHEREAS, on July 22, 2003 the City Council held a public hearing on a proposed vacation of right-of-way easements; and WHEREAS, two weeks published and posted notice of said hearing was given and at the hearing all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota, that the following described public right- of-way easements are hereby vacated effective as of July 22, 2003: That part of Silver Lake Road as shown on St. Anthony Village Commercial Center Addition No. 1, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, lying in the Northwest Quarter of Section 7, Township 29, Range 23, Hennepin County, Minnesota, which lies Westerly of the following described line: Commencing at the Northeast corner of said Northwest Quarter; thence South 00 degrees 32 minutes 05 seconds East, assumed bearing along the East line of said Northwest Quarter, 1227.04 feet to the point of beginning of said line to be hereinafter described; thence South 31 degrees 39 minutes 31 seconds East 92.51 feet; thence Southeasterly and Southerly 147.32 feet along a tangential curve concave to the-West having a radius of 150.00 feet and a central angle of 56 degrees 16 minutes 20 seconds; thence South 24 degrees 36 minutes 48 seconds West, tangent to the last described curve, 142.47 feet to its intersection with the Southeasterly extension of the Northeasterly line of Lot 1, Block 1, in said plat, and said line their terminating, and also which lies Northerly of said Southeasterly extension of the Northeasterly line of Lot 1, Block 1, and also which lies Southerly of the following described line: 23 , Commencing at said Northeast corner of the Northwest Quarter; thence South 00 degrees 32 minutes 05 seconds East, assumed bearing along said East line of the Northwest Quarter, 1227.04 feet to the point of beginning of said line to be hereinafter described; thence Northwesterly, at a angle of 42 degrees 56 minutes 00 seconds, measured from North to West, 48.45 feet to its intersection with a line drawn parallel with and distant 33.00 feet West of said East line of the Northwest Quarter, and said line there terminating. BE IT FURTHER RESOLVED that the following described public right-of-way easements are hereby vacated effective upon the acquisition of such right-of-way easements by the City from Hennepin County: That part of that part of an easement for highway purposes lying in the Northeast Quarter of Section 7, Township 29, Range 23, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 00 degrees 32 minutes 05 seconds East, assumed bearing along the West line of said Northeast Quarter, 1227.04 feet to the point of beginning; thence South 31 degrees 39 minutes 31 seconds East, 92.51 feet; thence Southeasterly and Southerly 147.32 feet along a tangential curve concave to the West having a radius of 150.00 feet and a central angle of 56 degrees 16 minutes 20 seconds; thence South 24 degrees 36 minutes 48 seconds West, tangent to the last described curve, 129.88 feet to said West line of the Northeast Quarter; thence North 00 degrees 32 minutes 05 seconds West, along said West line of the Northeast Quarter, 338.05 feet to the point of beginning. BE IT FURTHER RESOLVED, that the City Clerk,is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the Hennepin County Auditor, and filed with the Hennepin County Recorder, in accordance with Minnesota Statutes, Section 412.851. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 24 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 051 A RESOLUTION RELATING TO A REQUEST BY AUTUMN WOODS 11 LP, FOR AN AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, LaNel Financial Group (Autumn Woods 11 LP)proposes to develop a market rate senior rental townhouse-style building on the formerly City-owned single family lots addressed as 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace; and WHEREAS, a request to amend their existing PUD was made by Autumn Woods 11 LP and was presented at a public hearing to the Planning Commission on July 15, 2003; and WHEREAS, after review and discussion of the proposed amendment, the Planning Commission has recommended Council approval subject to the following: 1. There will be 38 parking stalls, rather than the 35 proposed 2. Review of the plans and cross easements by the City Attorney 3. Completion of the re-plat. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the request by Autumn Woods 11 LP for an amendment to their existing PUD, according to the findings made by the Planning Commission, as stated above. Adopted this day of 12003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager - d 25 MEMORANDUM DATE: 07/16/03 MEETING DATE: 07/22/03 TO: Mayor and City Council Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Autumn Woods PUD Amendment Requested Action: President Paul Brewer of LaNel Financial Group, representing Autumn Woods II LP, met with Planning Commission members at the December 2002 meeting concerning their preliminary plans for construction of a housing development called Autumn Wood Villas slated for the 2500 block of Kenzie Terrace. They returned with final development plans on July 15 for a public hearing to amend their existing PUD for an additional 38 units of adult rental housing. Background: LaNel Financial Group proposes to develop a market rate senior rental townhouse style building on the former city-owned single-family lots of 2534, 2538, 2542, 2546, and 2548 Kenzie Terrace. The plan submitted by the developer shows a total of 38 units with 1 and 2 bedroom units, along with various common activity and recreation areas. Autumn Woods II has requested to amend its existing (adjacent) Planned Unit Development (PUD). A PUD offers flexibility for both them and the City. In exchange for not meeting typical code requirements, the City might ask for extra landscaping or lighting, for example. There is give and take in a PUD arrangement. The proposed building will have three stories with 38 underground parking spaces. In addition, seven surface parking spaces are shown on the site plan. For apartments buildings, city code requires at least two parking spaces per unit, at least one of which is enclosed. By this, the developer meets the enclosed parking spaces requirement; however, not the surface parking requirement. Keep in mind this code information is given as a backdrop because in a PUD arrangement the developer is not tied to the city code requirements. The developer has stated that plenty of surface parking is available at the adjacent Autumn Woods development for visitors, etc. on top of the seven that will be available. Typically, each unit would have one car, or sometimes not even that, so will be enough parking. Another code requirement related to parking of note is that there must be a firewall between every four parking stalls. The development plan shows an encroachment into the side yard setback, although Autumn Woods does own the adjacent property. All other required typical setbacks are met although with a PUD keep in mind there is departure from the strict application of such requirements. A big advantage of a PUD is that it can maximize the development potential of land. According to the developer, the apartments will have individual entries to the street and courtyard on the first floor and also to a center hall that will access the underground 26 Page 2 —Autumn Woods PUD Amendment heated garage. The building exterior will closely match the adjacent and existing Autumn Woods development. The entire development will tie together well, according to the developer. LaNel has forwarded the attached final plans that include the site plan, floor plans and unit plans, elevation showing exterior materials, rendering of elevation, and.a landscape plan. In terms of a PUD, some of the following should be considered as it relates to the plan: o Street/circulation pattern for vehicles, pedestrians, and bicycles Architectural standards Landscaping Lighting • Miscellaneous: trash, maintenance, etc. Staff Recommendation: The developer has proposed an excellent fit with the adjacent Autumn Woods development. Staff recommends approval of the PUD amendment. 27 CITY OF ST.ANTHONY VILLAGE RESOLUTION 03-052 A RESOLUTION RELATING TO CONDITIONAL USE PERMIT REQUESTS FOR THE PROPOSED REDEVELOPMENT OF THE CORNER OF KENZIE TERRACE AND HIGHWAY 88 WHEREAS, two conditional use requests from Amcon Construction for the redevelopment of the corner of Kenzie Terrace and Highway 88(Stonehouse/Fire Department properties)were presented to the St. Anthony Planning Commission at a public hearing on July 15, 2003: 1. Restaurant location.This is a permitted conditional use for a commercial district. The request is for a location less than 250 feet from a residential district. Following are the conditions the Planning Commission recommended for Council approval: a. Garbage areas must be enclosed with materials that match buildings. b. Lighting must be"down-spill",with no spillage to residential properties across Kenzie Terrace and conform with adjacent area(St.Anthony Boulevard) C. Hours for outdoor seating shall not exceed 9:00 pm d. No music or other artificial noise shall be audible from any residential district e. City engineers must approve the plan,including a determination that the proposed plan will not have an adverse impact on the current water run- of situation f. The patio will be on the east side of the building g. Investigate options to break up mass and improve the landscape to the north side of the building h. The design of the building shall conform to Savage Store i. Hours of operation shall coincide with liquor service hours 2. On-sale liquor store.This is a permitted conditional use for a commercial district and no conditions were added for Council approval. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of St.Anthony hereby approves the conditional use requests from Amcon Construction for redevelopment of the comer of Kenzie Terrace and Highway 88,as recommended by the Planning Commission at their July 15,2003 meeting,and with Amcon's conformity to the conditions stated above. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 28 CITY OF ST.ANTHONY VILLAGE RESOLUTION 03 -053 A RESOLUTION RELATING TO VARIANCE REQUESTS FOR THE PROPOSED REDEVELOPMENT OF THE CORNER OF KENZIE TERRACE AND HIGHWAY 88 WHEREAS, variance requests from Amcon Construction for the redevelopment of the comer of Kenzie Terrace and Highway 88(Stonehouse/Fire Department properties)were presented to the St.Anthony Planning Commission at a public hearing on July 15,2003: 1. Two front yard setback variances of 30 feet each for a proposed setback of 5 feet at the building corners.Following are the findings by the Planning Commission: a. The property is currently blighted,poorly planned with regard to layout and is an overall detriment to the area b. Undue hardship exists and is a result of an oddly shaped parcel that is generally triangular in shape with a rounded side 1) These circumstances are not caused by the applicant or property owner 2) The variance,if granted,would not alter the essential character of the locality,but would essentially replace existing blighted structures with new,more aesthetically pleasing buildings 3) The property cannot be put to reasonable use without the requested variance because even reconstructing the existing blighted buildings on their same footprints would require setback variances 4) Economic considerations alone are not the basis C. The circumstances creating this hardship are unique to this oddly- shaped property d. Granting of the variance will keep within the spirit and intention of the zoning code and further, it is consistent with the City's Comprehensive Plan. 2. One rear yard setback variance of 10 feet for a proposed setback of 10 feet at the southeast comer property line job.Planning Commission findings are: a. The property is currently blighted,poorly planned with regard to layout and is an overall detriment to the area b. Undue hardship exists based on the following: 1) Circumstances creating the hardship is an irregular parcel with a jog,not the result of the owner/applicant 2) The variance, if granted,would not alter the essential character of the locality as there is sufficient room at the property line and adjacent buildings and streets. In addition,the project improves the rear yard setback condition as compared to the existing blighted buildings 29 3) Economic consideration alone is not the reason for the variance request 4) Because of the overall shape of the parcel,the property cannot be put to reasonable use without the need for variances C. The variance will maintain the spirit and intent of the zoning code d. The circumstances creating the need for the variance are unique to this property because of its odd shape 3. A parking variance of 27 stalls for a proposed 120 parking stalls for a sit down restaurant and adjacent retail(147 required) a. The property is currently blighted, is poorly planned and is overall a detriment to the locale b. An undue hardship would result if strict adherence to the ordinance is required,based on the following: 1) The hardship results from the odd shape of the parcel,and was not created by the owner/applicant 2) The variance would not alter the essential character of the locale,but would represent an improvement to the area 3) The property cannot be put to reasonable use without the variance because of its odd configuration 4. Economic considerations alone are not the basis of the hardship C. The circumstances creating the hardship are unique to this property d. The granting of this variance will maintain the spirit of the zoning code because of the staggered peak business times for the proposed uses of the property,which will allow for adequate parking for all the uses at any given time of day. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the above variance requests from Amcon Construction for redevelopment of the corner of Kenzie Terrace and Highway 88,as recommended by the Planning Commission at their July 15,2003 meeting,. Adopted this day of ,2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 30 MEMORANDUM DATE: 07/16/03 MEETING DATE: 07/22/03 TO: Mayor and Council Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Amcon Construction/Stonehouse Redevelopment Requested Action: The City has entered into a predevelopment agreement with Amcon Construction to redevelop the corner of Kenzie Terrace and Highway 88, also known as the Stonehouse and/or Fire Station sites. Amcon has submitted the formal applications for public hearings associated with their final plans. July 15 was the public hearing for the following: (a) A conditional use permit for a proposed restaurant, which is less than 250 feet from a residential structure or district; (b) A conditional use permit for a proposed on-sale liquor store; (c) Two front yard setback variances of 30 feet each for a proposed setback of 5 feet at the building corners; (d) One rear yard setback variance of 10 feet for a proposed setback of 10 feet at the southeast corner property line jog; and (e) Parking variance of 40 stalls for a proposed 40 parking stalls for a sit-down restaurant (petitioner at the Planning Commission meeting changed the . request to a parking variance of 27 stalls for a proposed 120 stalls for a sit- down restaurant and adjacent retail—shared parking stalls). In addition to the above, the applicant requests an administrative subdivision. Although a public hearing is not required at the Planning Commission level, the item was discussed and referred onto the City Council with a recommendation (see Dorsey and Whitney memorandum attached). Background: Redevelopment plans show 26,000 square feet of retail in two buildings. The development will include a new municipal liquor store of 9,000 square feet, a new restaurant Spectators at 6,000 square feet, and some other tenants, yet to be named, in the remaining 11,000 square feet. The site area is 2.39 acres. The development will encompass two buildings. One building would be located on the northern portion of the property, located at the corner of Kenzie Terrace and Highway 88, and the other new building would be situated where the existing strip center (see site and building plans attached). The subject properties at 2900 Kenzie Terrace and 2700 Highway 88 are zoned commercial. Amcon is requesting two conditional use permits. The first one for the restaurant, as restaurants located less than 250 feet from a residential structure or district is a permitted conditional use in commercial districts. The condition items to consider here 31 Page 2 —Amcon Construction/Stonehouse Redevelopment might be noise (especially with the outdoor patio), traffic, trash removal, lighting, and hours of operation. It is unknown at this time if the restaurant going in, Spectators, is interested in having music piped out to the outdoor patio. The other conditional use permit is for the on-sale liquor store, which is also a permitted conditional use in a commercial zoning district. Again, conditions can be placed on the store, depending on what is appropriate. Two front yard setback variances are being requested. The variance request consists of two front yard setback variances,of 30 feet each for a proposed setback of 5 feet at the building corners. Due to the triangular shape of the parcel, the natural tendency is to develop the'site similar to its current layout with the building to the south side and a sea of parking out to the corner. One of the strengths of the design concept, according to the developer, is to reduce the impact of the parking lot and to reinforce the street edge by using the restaurant to wrap around and create a corner. This keeps the parking central within the site to allow shared use of the parking due to the shifting peak times of the businesses. Amcon has stated they will make an attractive gateway at the "front yard" entrance to the development. One rear yard setback variance of 10 feet is being requested for a proposed setback of 10 feet at the southeast corner property line jog. According to the developer, due to a jog in the property line at the southeast corner of the site, the rear yard setback is greatly reduced (by approximately 35 feet). The triangular shape of the site creates a natural siting of the retail building to the south property line. This property line jog reduces a comfortable building to property line dimension from 45' to 10'. The final variance request from Amcon is related to parking. The developer is requesting a parking variance of 27 stalls for a proposed 120 parking stalls for a sit- down restaurant and adjacent retail area. The developer says the proposed parking assumes a lower total requirement than the city code requires. City code states the amount of parking needed must be no less than the total seating capacity of the structure divided by 2.5, plus one parking space for each employee on the largest shift. The proposed restaurant will have 170 seats. Due to staggered peak business times for retail/liquor store and the restaurant, the centralized parking will maximize the efficiency of the development, according to the developer. There is a commercial shopping center to the south of the site. The owner of the St. Anthony Shopping Center has stated to staff that he does not want to be the spillover parking spot, which is a concern. In the past, staff has conducted research on parking requirements in neighboring cities. Attached find the memo summarizing area parking requirements. In terms of signage, the developer has told staff they will keep within the limits of the City's sign ordinance. It will all be building/wall signage. The developer has mentioned the wall signage will consist of backlit logo signs. There will not be a glow to affect the residential area. The developer has mentioned the same'goes for the lighting on the site. There should be no spillage to the neighborhood. The intensity'should measure one foot candle or less at the property line. 32 Page 3—Amcon Construction/Stonehouse Redevelopment One other item of note that has come up is sidewalks. The City will be reconstructing the sidewalk along Kenzie Terrace this year as a part of a planned stormwater project, so the sidewalk will remain. Within the development, Amcon said they intend to connect the sidewalks to the buildings. Attached find the final plans submitted by Amcon Construction. They include a site plan, grading plan, utility plan, landscape plan, floor plan, and exterior elevations. According to the developer, it is anticipated construction at the site will begin in September and be completed in March 2004. Staff Recommendation: Staff recommends approval of the above requests, keeping in mind the impact on the adjacent/nearby residential neighborhoods and commercial property. 33 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 -054 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT RELATING TO PROPERTIES CURRENTLY ADDRESSED AS 3501 AND 3505 SILVER LAKE ROAD WHEREAS, the City Council of the City of St. Anthony desires to construct a new Fire Station on City-owned properties addressed as 3501 and 3505 Silver Lake Road; and WHEREAS, the City Council previously appointed Oertel Architects to construct the Fire Station; and WHEREAS, Oertel Architects has submitted a conditional use permit request because said properties are in an R-1, single family residential zoning district; and WHEREAS, at a public hearing,held on July 15, 2003, the Planning Commission reviewed said request and recommended Council approval, subject to the following conditions: 1. Lighting: spillage will be cut off at the property line and be down lighting; lighting should conform to other lighting in the municipal complex area 2. Informational listing from the Fire Department:naming what the Fire Department will do to minimize noise, etc. to the surrounding residential neighborhood 3. Rework the plan for the following changes: dress up the blank front wall/design and make it more attractive with trees, etc.; further development of roof forms 4. The building with the flat roof lines/design across the whole building is preferred to the arch design that was an alternate. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the request for a conditional use permit, submitted by Oertel Architects, for City-owned property currently addressed as 3501 and 3505 Silver Lake Road, to allow construction of a new Fire Station and upon conformity to the above-stated conditions. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 34 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 -055 A RESOLUTION APPROVING A SETBACK VARIANCE REQUEST RELATING TO PROPERTIES CURRENTLY ADDRESSED AS 3501 AND 3505 SILVER LAKE ROAD WHEREAS, the City Council of the City of St. Anthony desires to construct a new Fire Station on City-owned properties addressed as 3501 and 3505 Silver Lake Road; and WHEREAS, the City Council previously appointed Oertel Architects to construct the Fire Station; and WHEREAS, Oertel Architects has submitted a setback variance request of 11 feet for a proposed setback of 19 feet; and WHEREAS, at a public hearing, held on July 15, 2003, the Planning Commission reviewed said request and recommended Council approval for the following reasons: 1. The request is based on the City's interest to preserve trees during construction 2. Recognizing that the adjacent existing homes have a variation of 7 feet from the subject properties 3. Approval of the variance would minimize the slope and save on construction cols.ts at the eastern edge of the site 4. Not granting the variance would eliminate the retainage pond for storm water runoff that will benefit the neighborhood 5. The proposed use will not be detrimental to the health, safety, and welfare of the adjoining properties nor detrimentally affect property values. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the request for an 11 foot setback variance submitted by Oertel Architects, for City-owned property currently addressed as 3501 and 3505 Silver Lake Road,to allow construction of a new Fire Station. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 35 MEMORANDUM DATE: 07/16/03 MEETING DATE: 07/22/03 TO: Mayor and City Council Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Fire Station Final Plans Requested Action: On June 17, Oertel Architects brought the City's preliminary plans forward to the Planning Commission for a new fire station at 3501/3505 Silver Lake Road. July 15 was the public hearing for two requests related to the final plans: (a) A conditional use permit for a proposed fire station, which is located in a R-1 single family-zoning district; and (b) One front yard setback variance of 11 feet for a proposed setback of 19 feet. Background: The property at 3501/3505 Silver Lake Road is currently zoned R-1 single family residential. A municipal fire station is allowed in an R-1 single-family residential zoning district with a conditional use permit. Hence, conditions may be placed on the use. The proposed use will not be detrimental to health, safety, and welfare of the adjoining properties nor detrimentally affect property values. Based on precedent from adjacent local communities, there is no evidence of deteriorated property values, or a lessening of the quality of life, for those properties adjacent to newly constructed fire stations. The Fire Department is sensitive to the fact they are adjacent to and nearby single- family homes. The design of the building is such that there is cyclical traffic flow on site, with a separate entrance onto the site and separate entrance exit from the site onto Silver Lake Road. Warning lights will be included on the property to warn local traffic and pedestrians of the oncoming emergency vehicles. Finally, it is the goal of the department to minimize noise from horns and signs until well on the road. Fire Chief Joel Hewitt held a neighborhood meeting on July 9 to show the fire station final plans and address concerns. Chief Hewitt will be attendance at the July 15 meeting and will recap the neighborhood meeting. One variance request is necessary to advance the final plans, according to Oertel Architects. It is for one front yard setback variance of 11 feet for a proposed setback of 19 feet. (For information purposes, the two houses currently on the sites are 26 feet from property line to front facade.) This front variance is requested to minimize construction costs associated.with building on the sloped grade at the rear of the site and to minimize damage to the large group of trees (from construction activities) at the rear of the site. 36 Page 2 — Fire Station Final Plans Oertel Architects has prepared the attached project description memorandum referring to the final plans and renderings. An Oertel representative will be in attendance at,the July 15 public hearing and the July 22 City Council meeting representing the City's final fire station plans. 37 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 056 A RESOLUTION APPROVING VARIANCE REQUESTS RELATING TO PROPERTY ADDRESSED AS 3801 CHANDLER DRIVE WHEREAS, the City Council of the City of St. Anthony desires to update the Public Works facility on City-owned property addressed as 3801 Chandler Drive; and WHEREAS, the City Council previously appointed Oertel Architects to construct the improvements; and WHEREAS, Oertel Architects has submitted the following requests: 1. Two front yard setback variances of 28 feet and 21 feet for a proposed setback from the front property line to the northwest corner of the building of 13 feet and from the property line to the primary facade of 18 feet 2. One side yard setback variance of 10 feet for a proposed setback of 5 feet off the property line for the existing Public Works building 3. One rear yard setback variance of 4 feet for a proposed setback of 11 feet to allow the back side of the proposed salt building to align with the rear elevation of the existing Public Works building 4. One variance to allow for the proposed use of a supported membrane structure for the use of salt storage and loading. WHEREAS, at a public hearing held on July 15, 2003, the Planning Commission recommended Council approval of variances #1, 92, and#3 listed above with the following findings: a. Not granting the variance would compromise optimal use of the site as operations require larger open areas to maneuver, load equipment, mix sale, and conduct ongoing operations b. The plan does not alter the character of the surrounding neighborhood C. The shape of the property is the cause of some hardships, especially in the northwest corner. 38 Page 2 WHEREAS, the Planning Commission recommended Council approval of request#4, as stated above, concluding that with no findings or conditions,this request is not really a variance in the truest sense. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the requests, as stated in#l, #2, #3, and#4 submitted by Oertel Architects, for City-owned property addressed as 3801 Chandler Drive, to allow construction improvements for the Public Works Facility. Adopted this day of 32003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 39 MEMORANDUM DATE: 07/16/03 MEETING DATE: 0722/03 TO: Mayor and City Council Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Public Works Final Plans Requested Action: On June 17, Oertel Architects brought the City's preliminary plans forward to the Planning Commission for an updated Public Works facility at its current location of 3801 Chandler Drive. July 15 was the public hearing for four requests related to the final plans: (a) Two front yard setback variances of 28 feet and 21 feet for a proposed setback from the front property line to the northwest corner of the building of 13 feet and from the property line to the primary facade of 18 feet; (b) One side yard setback variance of 10 feet for a proposed setback of 5 feet off the property line for the existing Public Works building; (c) One rear yard setback variance of 4 feet for a proposed setback of 11 feet to allow the backside of the proposed salt building to align with the rear elevation of the existing Public Works building; and (d) One variance to allow for the proposed use of a supported membrane structure for the use of salt storage and loading. Background: The property at 3801 Chandler Drive is zoned Light Industrial. The Public Works facility has been in its current location for approximately 40 years. The use has been a good fit with the adjacent land uses and properties, which is also Light Industrial and R-4 Multiple Dwelling apartment units. The existing site contains several existing buildings that currently fall within the minimum setbacks required by city code. This is the case on the south, east, and west portions of the site, side yard, rear yard, and front yard setbacks. The requested variances (mentioned above) would allow the Public Works Department to build new structures on the site without compromising their use of the site. Operations require larger open areas to maneuver, load equipment, mix salt, and conduct ongoing operations. Setting a structure thirty feet or more from the property line comprises operations since the use of the land between the property line and the structure is less flexible and usable. There were efforts made to minimize the amount of building area adjacent to property lines in the proposed site plan. The amount area in the new buildings, as shown in the proposed plan, that fall within the setback area, is approximately half of the current condition. In addition to the mentioned setback variances, the plans call for the use of a supported membrane structure for the use of salt storage and loading. The building type features a galvanized structural supporting frame and a fire-retardant colored fabric roof, in a barrel vault configuration. 4® Page 2— Public Works Final Plans Oertel Architects has prepared the attached project description memorandum referring to the final plans and renderings. An Oertel representative will be in attendance at the July 15 public hearing and July 22 City Council meeting representing the City's .final public works plans. 9r 41 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 - 057 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUEST FOR 2500 HIGHWAY 88 WHEREAS, Health Care Plus, Inc., 2500 Highway 88, #105, has submitted a conditional use permit request to allow an adult day care facility in a commercially zoned district; and WHEREAS, adult day care is a permitted conditional use in a commercially zoned district; and WHEREAS, at a public hearing held on July 15, 2003, the Planning Commission reviewed and recommended Council approval with the condition that the applicant abide by the State of Minnesota license requirements at all times when operating in St. Anthony Village. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the request for a conditional use permit, submitted by Health Care Plus, Inc., for property located at 2500 Highway 88, #105 and that the applicant be in compliance with the above-stated condition. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 42 MEMORANDUM DATE: 07/016/03 MEETING DATE: 07/22/03 TO: Mayor and City Council Members FROM: Susan M.H. Hall, Assistant City Manager .SUBJECT: Health Cafe Plus, Inc. Adult Day Care CUP Requested Action: Health Care Plus, Inc. is requesting a conditional use permit for an adult day care facility at 2500 Highway 88, #105, which is currently zoned commercial. Adult day care is now a conditional use in the commercial zoning district due to a recent amendment to the City's zoning code. July 15 was the public hearing for the Health Care Plus, Inc. conditional use permit. Background: Health Care Plus, Inc. has been interested in coming into St. Anthony for quite some time. In January 2002, Health Care Plus, Inc. petitioned the City to make an amendment to allow adult day care as the city code did not allow it as it does child day care. The City Council referred the issue to the Planning Commission. The Commission looked at the issue and determined it made the most sense to amend the City's commercial zoning district to allow adult day care as a conditional use which would allow the City to view each adult day care facility on a case-by-case basis and assign conditions as need be. With the amendment now in place, Health Care Plus, Inc. has applied for their conditional use permit. Randall Strand, an attorney who represents Health Care Plus, Inc., states in a letter to city staff that "a licensed adult day care facility would provide services for adults who are unable to care for themselves during the day, but do not need nursing home care. Most of the clients would be senior citizens needing care during working hours. The care provided would primarily consist of providing activities, lights snacks, and ensuring clients take their medications. These are the same activities found in day care facilities for children. The only difference is the age of the participants. As with children's daycare, there would be no overnight stays." The City Attorney's office reviewed the statutes and state rule regulating adult daycare centers. The Minnesota Department of Human Services licenses such centers. The state rules establish a number of regulations governing adult day care centers to protect the safety and welfare of program participants. In addition, it is not necessary for the City to pass an ordinance regulating adult day care centers as state law sufficiently covers the area. Thus, in the proposed ordinance, adult day care centers are limited to those centers that are licensed under state laws and rules. 43 Page 2 —Adult Day Care CUP Staff Recommendation: In the past, issues such as traffic circulation, hours of operation, and size of facility have been raised. The Planning Commission has forwarded its recommendation for consideration at the July 22 Council meeting. 44 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03 -058 A RESOLUTION TO DENY A COMPREHENSIVE SIGN PLAN AND SIGN VARIANCE REQUESTS FOR 2500 HIGHWAY 88 WHEREAS, Northgate Office Park, 2500 Highway 88, has submitted a comprehensive sign plan and sign variance requests; and WHEREAS, the proposed sign plan is a package which includes the following variances: 1. An 8 foot height variance to allow for a 16 foot sign 2. A 10 foot setback variance to allow a 5 foot setback from the driveway 3. A variance of 16 square feet to allow for a sign surface area of 96 square feet for two copy surfaces 4. A variance for a pylon sign; and WHEREAS, at a public hearing held on July 15, 2003, the Planning Commission reviewed and recommended the Council deny the signage requests from Northgate Office Park, finding that although a sign is needed, the signage proposed does not adhere to City standards. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony, in agreement with the findings of the Planning Commission, hereby denies the signage variance requests submitted by Northgate Office Park, 2500 Highway 88. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 45 MEMORANDUM DATE: 07/16/03 MEETING DATE: 07/22/03 TO: Mayor and City Council Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Northgate Office Park Sign Plan Requested Action: Northgate Office Park has submitted both a comprehensive sign plan and sign variance request for their proposed pylon sign. When a Comprehensive Sign Plan is presented, exceptions to the regulations of the sign ordinance may be permitted if the sign plan as a whole is in conformity with the intent of the ordinance. The City Manager has rejected the proposed sign plan under the comprehensive sign plan because Northgate's sign plan has deviated too far from the City's sign ordinance. Instead, the proposed sign plan will be looked at as a package of variance requests, as follows: (a) An 8 foot height variance to allow for a 16 foot sign; (b) A 10 foot setback variance to allow for a 5 foot setback from the driveway; (c) A variance of 16 square feet to allow for a sign surface area of 96 square feet for two copy surfaces; and (d) A variance for a pylon sign. July 15 was the public hearing for the above stated sign variance requests from the Northgate Office Park. Background: Northgate Office Park has proposed a pylon sign for the front of their building at 2500 Highway 88, so their tenants can have visibility. The proposed sign deviates from the City's sign ordinance in several ways. As the applicant pointed out in their variance application, the proposed sign is higher than what is allowed by city code. The maximum height of a ground sign (which is the standard the City will use) is 8 feet including the pedestal and any berming; the petitioners are proposing a.16-foot sign, thus the 8-foot variance request. The second variance the petitioners pointed out in their application is a variance for the setback from the driveway. The sign ordinance states sign must be located at least 15 feet from the driveway, in this case. The petitioners are proposing a setback of 5 feet from the driveway, thus the 10-foot setback variance request. The petitioner gives reasons why the above-mentioned variances are needed in their application letter (see attached). Upon staff's review of the proposed sign, there are additional variances that would be necessary to implement the sign permit for this application. In addition to the above, the proposed sign square footage is over the allowed square footage for a ground sign with two copy surfaces for buildings with two or more tenants. The maximum allowed is 80 46 Page 2 — Northgate Office Park Sign Variances square feet and the petitioners propose a 96 square-foot sign, which is 16 square feet over the city maximum. . The other item that is not in compliance with the sign ordinance is the fact that the petitioners propose a pylon sign. A pylon sign is not allowed in the City with the exception of in a commercial zoning district at gas stations. There are other items, which should be noted. The landscaping proposed for the sign is not adequate. The petitioners propose minimal landscaping which is not aesthetically pleasing. Ground signs must be landscaped. Landscaping may consist of shrubs, plants, rocks, or other decorative material located around the pedestal. The petitioners' show the proposed sign with a shrub, evergreen tree, and decorative rock distanced a part from the sign. Another ground sign code requirement is the pedestal width of a ground sign must be least equal to the sign width. Although that is the case on the proposed sign, it looks out of balance with the proposed height. Staff Recommendation: Although the petitioners at Northgate Office Park are in need of a sign, the City must adhere to its own standards. The proposed sign is too far out of line from the City's sign ordinance. It misses the mark on almost every city code criterion for a ground sign. A pylon sign is not allowed by the sign ordinance and that is for a reason; it is not acceptable by city standards. City staff recommends denial of the proposed sign application. 47 CITY OF ST. ANTHONY RESOLUTIONO3_- 049 A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2004 STREET AND UTILITY IMPROVEMENTS WHEREAS, it is proposed to improve: 1. Belden Drive, between 32nd Avenue and 33rd Avenue 2. Hilldale Avenue, between Belden Drive and Silver Lake Road 3. 32nd Avenue, between Belden Drive and Silver Lake Road 4. Townview Avenue, between Wilson Street and Silver Lake Road by reconstruction of the roadways and utilities, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes Chapter 429. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. ANTHONY, MN: That the proposed improvement be referred to WSB & Associates, Inc. for study and that they are instructed to report to the Council with all convenient speed advising the "Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for administration: City Manager F:\WPYaN\1065-84\Resolutions\2004resoludon-rep.doc i - WSB 48 Associates,Inc. July 11, 2003 Honorable Mayor, City Council, and City Staff City of St. Anthony 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: 2004 Street and Utility Reconstruction Project I Feasibility Report WSB Project No. 1065-84 i Dear Mayor, City Council, and Staff: j Attached for your consideration is a resolution ordering the preparation of a feasibility i report for the 2004 Street and Utility Improvements. The proposed streets to be { reconstructed are: i , �. 1. Belden Drive, between 32°d Avenue and 33`d Avenue NE 2. Hilldale Avenue, between Belden Drive and Silver Lake Road 3. 32°d Avenue, between Belden Drive and Silver Lake Road 4. Townview Avenue, between Wilson Street and Silver Lake Road A map showing the proposed streets to be reconstructed in 2004 is attached, along with a proposed schedule for your consideration. I will be present at your July 22°d Council meeting to answer any questions you may have on this project or please call me at (763) 287-7182. l: Sincerely, WSB& Associates, Inc. " � j Todd E. Hubmer, P.E. 4150 Olson Associate Memorial Highway Suit 300 Attachments ,l Min i eapolis srb innesota i 5 422, 76 •541.4800 7631541.1700 FAX Minneapolis - St. Cloud Equal Opportunity Employer FAWP$VM1065-8471103-hmcc.doc 49 Proposed Schedule for 2004 Street and Utility Reconstruction Improvements Task Completion Date 1. Order Feasibility Report ............................................................................July 2003 2. Accept Feasibility Report and order plans and specifications..............August 2003 3. Hold neighborhood meeting ................................................................October 2003 4. Approve plans and specifications and order Advertisement for Bids..............:...........................................October 2003 5. Receive bids, compute assessments.................................................December 2003 6. Approve three resolutions on improvement hearing and special assessments.........................................................................January 2004 7. Hold public hearing for project and assessments, award bid and call for bond sales .........................................................................February 2004 8. Award sale of bonds...............................................................................March 2004 9. Begin construction....................................................................................May 2004 10. Substantial completion of construction................................................October 2004 11. Certify assessments to a county auditor................................................August 2004 12. Final completion of construction...............................................................July 2005 FAWPW/M1064-641Proposed Schedule.doc IZ 0 A • • e Lu Y g EN I W DO J_ V5 O 3 Ee U N T Y z HILL DAH AV •� N PN N s, FCLJI N AV w CIVIN VI Li w o � w v� z TE C CD w AD tVE . C° Q Q g 1U F1 c d ® 350 Westwood Lake Office WSB Prajed No. 1065. Date:July,2003 �� 8441 Wayzata Boulevard 2004 Street Reconstruction (//J,(��® Minneapolis,MN 55428 Streets scheduled for 2004 _ &Ass I= FAX 541-1700 St. Anthony, Minnesota 0 Street Reconstruction Project INFRASTRUCTURE - ENGINEERS - PLANNERS w:*S TA-cad42004st.dgn 51 CITY OF ST. ANTHONY RESOLUTION 03 - 050 A RESOLUTION.ORDERING DISTRIBUTION OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE ST. ANTHONY VILLAGE NORTHWEST QUADRANT REDEVELOPMENT WHEREAS, an EAW has been completed for the project pursuant,to Minnesota Rules 4410 and identifies and assesses the environmental impacts associated with the project to assist in the determination of the need for an Environmental Impact Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. ANTHONY, MN: That the EAW for the.St. Anthony Village Northwest Quadrant Redevelopment be distributed for a 30-day public comment period. At the end of the comment period, the City will determine the need for an Environmental Impact Statement. Adopted this day of ) 2003. Mayor ATTEST: City Clerk Reviewed for administration: City Manager 52 REVISED TIMELINE TO PREPARE AN EAW FOR THE APACHE PLAZA REDEVELOPMENT PROJECT TA SK PROPOSED TIMELINE Data Collection/EAW.Development May 27—July 15, 2003 City Staff/Council Review of EAW July 15 - 22, 2002 City Council Authorizes Submittal of EAW July 22, 2003 to Review Agencies Submit EAW to EQB Monitor July 28, 2003 Publication in EQB Monitor August 4, 2003 EAW Comment Period August 4—September 3, 2003 Respond to Comments September 3 —5, 2003* City Staff/ Council Reviews Responses to September 5 - 9, 2003* Comments City Council Determines Need for EIS September 9, 2003* Decision Notice Published in EQB Monitor September 15 or 29, 2003 *This timeline can be accomplished provided no significant comments are received. If significant comments are received, it is anticipated the City Council could consider the need for an EIS at the September 23, 2003 meeting. �WSB 53 &Associates,Inc. Memorandum To: Honorable Mayor, City of St. Anthony Village 1.' City Council, City of St: Anthony Village I` From: Todd Hubmer, P.E. Andi Moffatt Date: July 14, 2003 Re: SL Anthony Village Northwest Quadrant Redevelopment Environmental Assessment Worksheet WSB Project No. 1065-79 Attached, please find a draft copy of the Environmental Assessment Worksheet (EAW) for the St. Anthony Village Northwest Quadrant Redevelopment for your review. The purpose II' of the EAW is to identify potential environmental impacts associated with the project and determine whether or not an Environmental Impact Statement is needed. Based on I Minnesota Rules 4410.4300, the EAW for this project is mandatory due to the number of 1, residential units and commercial land uses. The EAW process is required to be completed prior to the City issuing any approvals for this project. j '. The attached EAW evaluates the "full build" scenario for the St. Anthony Village Northwest _ Quadrant Redevelopment site and identifies potential environmental impacts and mitigation x measures for these impacts. The full build scenario is evaluated as part of the EAW since impacts can generally be reduced by reducing density, but if density increases beyond what was evaluated in the EAW, a new EAW must be completed. The EAW is being submitted to the City Council for authorization for public distribution of the EAW as required by Minnesota Rules 4410. Upon authorization by the City Council, the EAW will be distributed for a 30-day public comment period. At the end of the comment period, responses to comments will be developed and a recommendation as to the need for an Environmental Impact Statement will be made to the City Council for consideration. If you have any questions, please feel free to call one of us at (763)541-4800. jlT C. Mike Momson, City Manager John Shardlow, Dahlgren, Shardlow, & Uban, Inc. (DSU) j Bruce Malkerson, Attorney 415? Olson Memorial Highway F:\WPWIN\1065-79\071403citycounciLdoc Suite 300 inneapolis Z innesoia 22 4 71,541-4800 763 541 1700 FAX Minneapolis St. Cloud Equal Opportunity Employer CITY OF ST. ANTHONY 54 ORDINANCE 2003-009 AN ORDINANCE AMENDING SECTION 1000.10, SUBD 7 HOURS OF SALE The City Council of the City of St. Anthony hereby ordains: Section 1. Section 100.10, Subdivision 7 of the St. Anthony City Code, is amended to read as follows: Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S. 340A.504, except that: A. Establishments holding a Wine License or an On-Sale Intoxicating Liquor License under this Section may not sell liquor or wine between 1:00 A.M. and 8:00 A.M. on the days of Monday through Saturday and after 1:00 A.M. on Sundays, except as provided by paragraph B. B. Establishments holding a Wine License under this Section or establishments holding both an On-Sale Intoxicating Liquor License and a Sunday On-Sale License under this Section may sell intoxicating liquor or wine in conjunction with the sale of food between the hours of 10:00 A.M. Sundays and 1:00 A.M. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. Section 2. This ordinance shall become effective as of the date of its publication. First Reading: July 22 , 2003 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin 55 CITY OF ST. ANTHONY RESOLUTION NO. 03 - 059 .RESOLUTION TO REGISTER LAND WHEREAS;the City Council has determined that the City shall sell the property commonly known as the Stonehouse parcel for the purpose of redevelopment; and WHEREAS, the Stonehouse parcel has several title defects that can best be cured through the registration process; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said Stonehouse parcel be registered so that the sale and redevelopment can be consummated; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota, that the land described on Exhibit A attached hereto and incorporated herein by reference be registered according to Minnesota Statutes Chapter 508. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 56 EXHIBIT A LEGAL DESCRIPTION (SEE ATTACHED) -2- 07/17/2003 14:11 FAX 6123402644 DORSEY & WHITNEY LLP Ihnnq 57 FIRST SUPPLEMENTAL cowm YTMENT File No.NCS-30616-MPLS SCHEDULE C The Land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: Parcel 1: That part of the East Half (E %x) of the Northwest Quarter (NW '/4) of Section Seven (7), Township Twenty-nine (29) North, Range Twenty-three (23) West of the Fourth Principal Meridian, bounded and described as follows, to-wit: Commencing at a point on the West line of Silver Lake Road (formerly Fairchild Avenue) which point is two hundred(200) feet South from the intersection of the West line of said Silver Lake Road with the Southwesterly line of St. Anthony Boulevard measured along said West line of Silver Lake Road; thence Northwesterly on a straight line to a point in the Southeasterly line of State Highway No. 8 (known also as Trunk Highway No. 63) as the same is defined in the highway easement granted to the County of Hennepin, State of Minnesota, by Armour and Company under date of September 21, 1927, said point being two hundred (200) feet Southwesterly from the Southwesterly line of St. Anthony Boulevard treasured along the Southeasterly line of State Highway No. 8; thence Southwesterly along the Southeasterly line of State Highway No. S a distance of two hundred (200) feet to a point; thence Southeasterly parallel with the first course hereinabove desmbed (and said course extended Northwesterly and Southeasterly) to its intersection with the West line of said Silver Lake Road; thence North along the West line of said Silver Lake Road to the point or place of beginning. Parcel 2: Lot 1, Block 1, St. Anthony'Village Commercial Addition No. 1, according to the recorded plat thereof, Hennepin County, Minnesota, except that part of said Lot 1, Block 1, described as the Southwesterly One Hundred feet of said Lot 1,being a strip of land 100 feet wide measured from the Southwesterly lime of said Lot 1 to a line parallel to said Southwesterly line and distant 100 feet there from measured on a line at right angles to said Southwesterly line of said lot. First American Title Insurance Company 07/17/2003 14:11 FAX 6123402644 _ DORSEY & WHITNEY LLP [� ILI in U0 SCHEDULE C(Continued) File No.NCS-30616-MPLS Parcel 3: That part of the East half of the Northwest Quarter of Seven (7), Township Twenty-nine (29) North, Range Twenty-three (23) West of the Fourth Principal Meridian lying Southerly of Saint Anthony Boulevard and County Road No. 53 and lying Northwesterly, Northerly and Easterly of the following described property: That part of the East Ralf(E %z) of the Northwest Quarter(NW %a) of Section Seven (7), Township Twenty-nine (29) North, Range Twenty-three (23) West of the Fourth Principal Meridian,bounded and described as follows,to-wit: Commencing at a point on the West line of Silver Lake Road (formerly Fairchild Avenue) which point is two hundred (200) feet South from the intersection of the West line of said Silver Lake Road with the Southwesterly line of St. Anthony Boulevard measured along said West line of Silver Lake Road; thence Northwesterly on a straight line to a point in the Southeasterly line of State Highway No, 8 (known also as Trunk Highway No. 63) as the same is defined in the highway easement granted to the County of Hennepin, State of Minnesota, by Armour and Company under date of September 21, 1927, said point being two hundred (200) feet Southwesterly from the Southwesterly line of St. Anthony Boulevard measured along the Southeasterly line of State Highway No. 8; thence Southwesterly along the Southeasterly line of State Highway No. 8'a distance of two hundred (200) feet to a point; thence Southeasterly parallel with the first course hereinabove described (and said course extended Northwesterly and Southeasterly) to its intersection with the West line of said Silver Lake Road; thence North along the West line of said Silver Lake Road to the point or place of beginning. Parcel 4: All that portion of the West Half of the Northeast Quarter of Section Seven (7), Township Twenty-nine (29) North, Range Twenty three (23) West of the Fourth Principal Meridian, described and bounded as follows: Beginning at a point on the West line of said quarter section where the same is intersected by the southeasterly line of the Old County Road, so called, as the same is laid out across said quarter section; thence South along the West line of said Quarter section, Six Hundred Twelve and Seventy-five one-hundredths feet;thence Northeasterly along the Northwesterly line of the-Stock Yards Road, Five Hundred Fifty feet; thence Northwesterly Two Hundred Sixty-nine and Five- tenths feet to the point of beginning. First American Title Insurance Company THE CITY OF ST. ANTHONY VILLAGE 59 RESOLUTION 03 - 060 RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT WITH AMCON CONSTRUCTION COMPANY LLC AND AUTHORIZING THE EXECUTION AND RECORDING THEREOF WHEREAS, the City of St. Anthony Village is redeveloping the site commonly referred to as the Stonehouse site ("Development Property"); and WHEREAS, on May 13, 2003 the City Council ("Council') approved Resolution #2003- 037 authorizing the City to enter into a Pre-Redevelopment Contract with Amcon Construction Company LLC ("the Developer") for the redevelopment of the Development Property; and WHEREAS, the Developer agreed to construct a total of 26,000 sq/ft of retail space which would include a new Municipal Liquor Store, a restaurant and additional retail space; and WHEREAS, the Developer provided the Council with four (4) options on how to proceed with the redevelopment of the Development Property; and WHEREAS, on June 24, 2003, the Council approved Resolution #2003-047, approving redevelopment option #4 for the Development Property which consists of the City retaining ownership of a portion of the land and owning its own Municipal Liquor Store and selling the remaining land to the Developer for development of a restaurant pad and additional retail space; and WHEREAS, The Developer and the City have participated in negotiations concerning the proposed development of certain property by the Developer on the Development Property and the means by which the Development will commence; and WHEREAS, the Council believes that the redevelopment of the Development Property, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of applicable federal, state and local laws. NOW, THEREFORE, BE IT RESOLVED, by the City Council of St. Anthony Village as follows: 1. That the Purchase and Development Agreement by and between the City and Amcon Construction Company LLC is hereby approved by the Council, and the Mayor and City Manager are authorized and directed to execute it contingent upon City Attorney approval and deliver and record the same. 2. That the City Manager is hereby authorized to approve such modifications to the Purchase and Development Agreement as shall not, in his opinion, substantially alter or impair the rights and obligations of the City as set forth in the agreement presented to the Council for approval. 3. That the Purchase and Development Agreement shall not be deemed effective and enforceable against the City until executed by the Mayor and City Manager in accordance herewith. 6® Adopted this day of 22003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 61 E 6 ASSOCIATES INC To: Mike Morrison— City Manager ® From: Stacie Kvilvang—Associate Financial Advisor 2 UJ Subject: Stonehouse Redevelopment Date: July 16, 2003 Overview: At the May 13, 2003 City Council meeting the Council approved entering into a Pre-Redevelopment Agreement with Amcon Construction for the redevelopment of the Stonehouse/SAV I and Fire Station site. At their June 23, 2003 meeting, the Council approved proceeding with redevelopment of the Stonehouse property in accordance with redevelopment option #4 in which the City will retain a portion of the land for the City's Liquor Store and sell the remaining land to Amcon. Amcon will construct the new retail development and the City will utilize the land sale proceeds to offset the cost of purchasing the new Liquor Store from Amcon. Since that time, the City Attorney, Ehlers and Associates and City Staff have been working with Amcon to prepare a Purchase and Development Agreement that outlines the business points of the proposed transaction. Following is a summary of the provisions within the Agreement: 1. The Project. The project involves the acquisition of the existing property from the City for $640,000. Amcon construction will then construct a total of 26,000 sq/ft of retail space, which will include a new Municipal Liquor Store, a restaurant and additional retail space. 2. Hennepin County Easement. The County will vacate its easement on the property in August and turn it over to the City. In return the City will be required to pay the County $55,000 for the easement. 3. Financing of the New Liquor Store. The cost to construct and furnish the new liquor store is approximately $950,000. The City will utilize its $585,000 in land sale proceeds (net after payment to the County), along with a $365,000 internal loan to finance the acquisition of the new Liquor Store. The internal loan will be paid back through Liquor Operations. 4. Closing. Closing shall take place no later than September 8, 2003. The City will provide the Developer with a Quit Claim Deed and keys to all locks located on the property. 5. Construction Plans. The Agreement requires that the Planning Commission and City Council have approved the development plans, along with other regulatory approvals, prior to closing on the property. 6. Commencement and Completion Dates. The Developer shall commence construction of the Minimum Improvements by October 1, 2003 and substantially complete the construction of them by March 31, 2003. 62 Mike Mornson July 16, 2003 Page 2 7. Commercial Condominium. The Developer is responsible for converting the property to a commercial condominium under the laws of the State of Minnesota. One unit of the condominium will be the Liquor Store parcel, and shall be designated as such on the condominium plat, which shall be approved by the City prior to the recording thereof. One unit of the condominium shall be retained by the Developer and leased to a third party for use as a restaurant with a liquor license and the initial tenant in the restaurant unit shall offer charitable gambling on the premises. The condominium documents shall be drafted by the Developer and the condominiums shall be created as a condition of closing. 8. Prohibition Against Transfer. The Developer cannot transfer any portion of the property or assign the Purchase and Development Agreement to another party without the written approval of the City. 9. Use Restrictions. The Agreement prohibits a number of uses on the site and restricts Liquor Store uses to only a municipal owned store. 10. Miscellaneous. The Agreement contains the City's standard title insurance, project insurance and default and termination provisions. Please contact me at 651-697-8506 if you have any questions. St. Anthony Village Stonehouse Redevelopment 63 Preliminary Time Line May 27, 2003 June 2003: Braun Intertec completes asbestos survey, inclusive of roof samples June 2,2003: Pre-Redevelopment Agreement sent to Amcon for execution June 9,2003: Amcon submits update proforma to Ehlers June 9,2003: Determination made if TIF District is feasible June 10, 2003: Submit application to Planning Commission for preliminary site plan review (15 copies— 11 X 17 of site layout and elevations to date) June 10,2003: Project Team meeting at 10:00—Ehlers Office June 16, 2003: Determination of construction costs related to the new Liquor Store June 17, 2003: Planning Commission Preliminary Site Plan Review—7:00 p.m. June 17, 2003: Submit final plans (civil, building, grading, landscaping, etc) to City for Planning Commission and City Council review in July June 19, 2003: Ehlers to submit staff recommendation to City Council on preferred redevelopment option and financial overview June 24, 2003: Project Team meeting at 10:00 a.m.—Ehlers Office June 24, 2003: Review and approval of selected option for redevelopment._by City Council 0 ' June 30, 2003: Final determination of property to be salvaged fromFd'eVePo_pment June-July 2003: Finalize negotiations/terms of RedevelopmentAgre°ement June 24, 2003: City Council Preliminary Site PlaWRe iew July 8, 2003: Project Team meeting at 10:00 a.m77 Ehlers Office:M July-Oct 2003: Submit application for J quor licensCfor new restau ant and approval by City Concil July 2003: Send outbids for asbeffis abatemeffyd cdmmence in'late August, early September July 11, 2003: Dorsey fm izes draft ofDeveloprnent Agreement l July 15, 2003: r: P1aunmg commission Finite Plan Review, CUF`and variance approval A July 17, 2003: Eh�ers surmits staff�eco ndation for approval of Development Agreement "� - � July 22, 2003: Pro"3ect Team meeting at 10 OO,a:m Ehlers Office 4 1 5i+• July 22, 2003: �; Cify�CoMil Fina+l�Site Plan Review, CUP and variance approval July 22, 2003: - Approval o��`edevelopment Agreement by City Council—7:00 p.m. July 23, 2003: Am -on signage can be placed upon the site previewing the new development September 8,2003::'; = Property closing transaction(both SAV I and Fire Station have relocated) September 9,2003;- Begin asbestos abatement September 15,2003 Begin demo lition/construction March 2004: Project completed >x•`.Y?>, 2�4i??,;x:<;'.h:,``'i::: �xx?`>•''' i> K..?•.\a.,x>x,`??>?>?, ??\x`. •.�`> ?\,`.., Zs?y. >,>v l„ ,,,,x,,,, za, „ z., >s,:z?...z?x?x:v. z.. , e zxza x�,??,,,?:,>, , ,., ,z �'° �F '�>za ' aaz•zi,;,, �zxa,•.,....•,�€:aa.,.. . a�iz. # .> .,j,.z�., ,,.�;,,,� ,fir ?,z`.,.., > ` •�> .>..,v.,..,�.,•4..,..,aa�,.z.,,,,�. z.a.,........N `>`>v.. ,...z?e`;, a,a,;x<..?:.`zz��;;•?\: � t•`F,' . ,,j��i�, .,,, `u `_ , �:„., ?au ,,, fi„3.,...`•.,•.,..,..,•., •.,a•.,•.,•:�.,:,•:z?>fz „>„?,,;zza<ii:<,•..:,a. t ?�. ,?.,�>,zz,.;�yt�,� a• .r"',, .��. .:. \;., a. a 2.,.�a•?vva a.• ia.,a... _ ,5.,, v.,z.,.o..,.,,,•. :`k' ,�?:i,•� a qCj+.,x\i?x?xZ,?'�'i?j}tiV?,{jxM1x. .i\ QQ vy .xx�`V,�„ >> .,5 z i�`i i%`.x��..`,\`` +/� �.y`,. ,;,♦ , `,Y;,'` :�, .P.. \�Q.i.v.v ,,,ix,x„, .. Qi �:i ,{: ?\'x �L M1```>i, ?`C�. 2” .r.\ >$4NC??'Q 1`�`)ti:'. .h. .`�`.,<., : €sz_ , n:: .,.�, 3z�,, a.ha, i �,i � � r , �� ?i„”z, z ,;: ?4 ,; a `•;�$'ti.g a f` ., 2?,,, \�• ,,,., •...x>. '` ,?a"?'Li:Lk.`:,z z"::`;?a v zta > ?•\.L,?t,.„,•„,,,ti .,:,> ?•i'x 2•z z • r ???? F ::.:..:... ..:. ;..:.:..:.:.:.:.:.....:.:.:.:.:.:..:.:.:.:.:.:.:.:.:.:.:.:.::.:.:...:.:.:...........:.:.:.::.....:.;.:.::...:.:....:.....:...,.:.:.:.:.:.:.::::;i:iri .si;i:;'Si Ire.. t�tio.n...................... ..: ...........:.:.:..::.............:..: ::. ..:.:..:.:.:.:._:...::....:.:.:.:...:: 1190 Oertel Architects- Design Phase 22MAY03 22AUG03 `< "j::j:<'<' ',.]Oertel Architects-Design Phase: 1410 Planning Commission Design Review 17JUN03 17JUN03 iPlanning commission Design Review: : ::: : : . :. 1412 Neighborhood Meeting g 09JUL03 09JUL03 : INeighborhoodMeetin : : . ;. 1420 Plan Comm Cond. Use Permit/Variance Pub. Hearing 15JUL03 15JUL03 I Plan Comm coed.Use Permit/Variance Pub.Hearing 1430 City Council Design Approval 22JUL03 22JUL03 I City Council DesignApprovak 1380 Bid Date-Structural Steel 12AUG03 12AUG03 I Bid Date-Structural Steel: : ::: : ; 1381 Bid Date-Site Package 12AUG03 12AUG03 I Bid Date-Site Package: : : ::::: 1385 City Council Approval -Site/Steel Packages 26AUG03 26AUG03 : I City Council Approval-Site/Steel Packages: 1415 Site Construction Phase 27AUG03 30SEP03 SiteConstruction Phase: 1382 Bid Date- Building Package 16SEP03 16SEP03 Bid Date-Building Package 1395 City Council Approval -Building Package 23SEP03 23SEP03 : I city Council Approval-Building package : . . . : : 1405 Building Construction Phase 24SEP03 28MAY0 1425 Owner Move-in 31 MAY04 31 MAY04 I own 1195 Oertel Architects- Design Phase 22MAY03 29AUG03 "'' Oertel Architects Design Phase 1416 Planning Commission Design Review 17JUN03 17JUN03 Planning Commission Design Review 1426 Plan. Comm. Variance Public Hearing 15JUL03 15JUL03 I Plan.Comm.Variance Public Hearing: 1386 Bid Date-Structural Steel 14AUG03 14AUG03 I Bid Date-Structural Steel 1387 Bid Date-Site Package e 14AUG03 14AUG03 I Bid Date-Site Packa e: : : g : 1390 City Council Approval -Site/Steel Packages 26AUG03 26AUG03 I City Council Approval-Site/Steel Packages: 1406 Site Construction Phase 27AUG03 1 OOCT03 E527MSite Construction Phase 1389 Bid Date- Building Package 23SEP03 23SEP03 ]Bid Date-Building Package 1400 ***City Council Approval - Building Package 30SEP03 30SEP03 J• City Council Approval_ Building Package: : : 396 1 Building Construction Ph ase 9 10CT03 11JUN04 : Bu s 1411 Owner Move-in 14JUN04 14JUN04 : :': . . . : . . . . . . . . jo Start date 21 MAY03 Finish date 14JUN04 Data date 22MAY03 *** re St. Anthony Village - Fire Station/Public Works Run date 19JUN03 quires a special city council meeting Kraus-Anderson Construction - Midwest Division Page number 1A ©Primavera S stems, Inc. July 15, 2003 n th0 illy a FUTURE COUNCIL AGENDA ITEMS Meeting Date Meeting Type Staff Present Items/Issues July 29 Work Session 6:30 pm Joint meeting with ISD#282 8:00 pm Council work session on 2004 budget August 12 Regular Council Res. Call for hearing on TIF plan HRA Res.Request Council to call for hearing on TIF plan August 26 Regular Planning Commission issues Kraus- Consider bid packages for Fire&Public Works Anderson facilities Public hearing on TIF plan-action requested on TIF district 3-5 J. Gilligan Fireworks ordinance Res., Call for Special meeting for Sept. 30, 7 pm HRA Public hearing on TIF plan-action requested on TIF District 3-5 September 9 Regular September 23 Regular Res., approve election judges for 2003 local election September 30 Special Consider bid package for Public Works Work Session Jont meeting with ISD#282 July 2003 Monthly Planner ra poi r. 1 1 2 3 4 5 Jun 2003 City Offices s M T W T F s Closed 1 2 3 4 5 6 7 8 9 10 II 12 a 14 Independence Day 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 Regular Council 7:00 PM Fire Meeting Station Cancelled Open House 13 14 15 16 17 18 19 7:00 PM Parks 7:00 PM Commission Planning Commission 20 21 22 23 24 25 26 7:00 PM Council Meeting 27 28 29 30 31 6:30 PM Aug 2003 Council/School s M T W T F S Joint Meeting 1 2 3 4 5 6 7 8 9 8:00 PM Budget 10 11 12 a 14 15 16 Work Session 17 IB 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2003 Monthly Planner 1 2 Jul 2003 Sep 2003 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 6 7 8 9 10 11 12 7 8 9 10 II 12 13 13 14 15 16 17 18 19 14 15 16 17 18 19 20 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 31 28 29 30 3 4 5 6 _ 7 8 9 10 11 12 13 14 15 16 7:00 PM Parks 7:00 PM Commission Regular Council meeting Meeting 17 18 19 20 21 22 23 7:00 PM Planning Commission meeting 24 25 26 27 28 29 30 7:00 PM Regular Council meeting 31 May-2003 City of St.Anthony Profit&Loss Statement from Operations Actual Actual Year to Date Year to Date Increase SAV I SAV II, STONEHOUSE 05/31/03 05/31102 (Decrease) Sales $192,836.00 $203,990.00 $61,123.00 $2,011,109.00 $1,944,122.00 $66,987.00 Less:Cost of Goods Sold $152,874.00 $164,445.00 $19,807.00 $1,438,903.00 $1,373,094.00 $65,809.00 Gross Profit $39,962.00 $39,545.00 $41,316.00 $572,206.00 $571,028.00 $1,178.00 Ratio to Net Sales 20.72% 19.39% 67.59% 28.45% 29.37% Operating Expense: Salaries,Wages, Benefits $15,385.00 $15,668.00 $21,313.00 $260,199.00 $278,498.00 ($18,299.00) All Other Expenses $10,829.00 $13,555.00 $15,644.00 $213,083.00 $198,505.00 $14,578.00 Total Operating Expense $26,214.00 $29,223.00 $36,957.00 $473,282.00 $477,003.00 ($3,721.00) Ratio to Net Sales 13.59% 14.33% 60.46% 23.53% 24.54% Profit from Operations $13,748.00 $10,322.00 $4,359.00 $98,924.00 $94,025.00 $4,899.00 Other Income ($53.00) $252.00 $3,834.00 $19,757.00 $24,383.00 ($4,626.00) Net Income $13,695.00 $10,574.00 $8,193.00 $118,681.00 $118,408.00 $273.00 Ratio to Net Sales 7.10% 5.18% 13.40% 5.90% 6.09% May-Net Income $32,462.00 Y-T-D SAV I SAV II STONEHOUSE ALL STORES YEAR TO DATE 05/31/03 $45,651.00 $31,593.00 $41,437.00 $118,681.00 YEAR TO DATE 05/31/02 $40,303.00 $40,444.00 $37,661.00 $118,408.00 Audited INCREASE/DECREASE $5,348.00 ($8,851.00) $3,776.00 $273.00 *Includes$6,090.00 Inventory Adjustment for Closing of Store. May -2003 City of St.Anthony Reconciliation to Inventory Valuation Report SAV I SAV II Beginning Inventory: $202,824.23 Beginning Inventory: $240,907.13 Plus or Minus: Plus or Minus: Transfers: SAV 1 ($1,195.43) Transfers $1,195.43 Stonehouse ($3,158.58) Adjustments ($189.42) Adjustments ($23.11) Returns to Vendors ($1,569.25) Returns to Vendors ($1,972.89) Add: Receiving $163,891.63 Add: Receiving $163,652.89 Less: Cost of Goods Sold ($164,255.65) Less: Cost of Goods Sold ($152,850.61) TOTAL $239,979.87 TOTAL $207,276.50 Total per Valuation Report $240,430.74 *** Total per Valuation Report $207,384.14 *** Difference $450.87 Difference $107.64 Beginning June 2003 Inventory $207,384.14 Beginning June 2003 Inventory $240,430.74 ***Comes from Valuation Report ***Comes from Valuation Report 2002 Actual Profits (Audited) 2003 Y-T-D Profits Actual Y-T-D SAV I SAV II Stonehouse SAV I SAV II Stonehouse Profits Comparison January $5,583.00 $2,817.00 $3,554.00 $11,954.00 January $6,588.00 $3,381.00 $2,657.00 $12,626.00 $672.00 February $6,023.00 $6,005.00 $9,656.00 $33,638.00 February $4,782.00 $4,181.00 $8,714.00 $30,303.00 ($3,335.00) March $10,455.00 $10,709.00 $7,145.00 $61,947.00 March $10,491.00 $7,536.00 $10,935.00 $59,265.00 ($2,682.00) April $7,341.00 $6,511.00 $10,932.00 $86,731.00 April $10,095.00 $5,921.00 $10,938.00 $86,219.00 ($512.00) May $10,901.00 $14,402.00 $6,374.00 $118,408.00 May $13,695.00 $10,574.00 $8,193.00 $118,681.00 $273.00 June $15,589.00 $16,045.00 $1,586.00 $151,628.00 June $0.00 $0.00 $0.00 $118,681.00 July $8,989.00 $9,839.00 ($7,247.00) $163,209.00 July $0.00 $0.00 $0.00 $118,681.00 August $18,973.00 $11,447.00 $2,001.00 $195,630.00 August $0.00 $0.00 $0.00 $118,681.00 September $6,675.00 $6,725.00 $4,695.00 $213,725.00 September $0.00 $0.00 $0.00 $118,681.00 October $4,618.00 $6,750.00 $402.00 $225,495.00 October $0.00 $0.00 $0.00 $118,681.00 November $13,789.00 $14,888.00 $4,294.00 $258,466.00 November $0.00 $0.00 $0.00 $118,681.00 December $8,179.00 $26,775.00 $8,684.00 $302,104.00 December 0.00 $0.00 $0.00 $118,681.00 Total $117,115.00 $132,913.00 $52,076.00 $302,104.00 Total $45,651.00 $31,593.00 $41,437.00 $118,681.00 Increase/(Decrease) $5,348.00 ($8,851.00) $3,776.00 $273.00 Y-T-D By Store • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA July 22, 2003 Call to Order Roll Call I. Approval of July 22, 2003 H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. • A. Approve June 24, 2003 H.R.A. Minutes. (pp. 1 - 3) B. Claims. (Due to a breakdown in the financial computer, claims will be distributed at the meeting.) III. Public Hearings. IV. General Policy Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. • ®1 1 CITY OF ST. ANTHONY 46 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 4 5 JUNE 24, 2003 6 7 CALL TO ORDER. 8 Chair Hodson called the meeting to order at 8:00 p.m. 9 10 ROLL CALL. 11 Commissioners present: Chair Hodson; Commissioners Sparks, Thuesen, Horst, and Faust. 12 Commissioners absent: None. 13 Also present: Executive Director Michael Morrison and City Attorney Jerome 14 Gilligan. 15 16 17 I. APPROVAL OF JUNE 24, 2003, H.R.A. AGENDA. 18 Motion by Commissioner Faust to approve the June 24, 2003, Housing and Redevelopment 19 Authority Agenda as presented. 20 21 Motion carried unanimously. 22 23 II. CONSENT AGENDA. 0 Motion by Commissioner Sparks to approve the Consent Agenda, which consisted of: 26 A. H.R.A. Meeting Minutes of MM 28, 2003; and 27 B. Claims. 28 29 Motion carried unanimously. 30 31 III. PUBLIC HEARINGS 32 A. H.R.A. Resolution 03-014 re: Approval of the sale of properties located on Kenzie 33 Terrace owned by the St. Anthony Village HRA. 34 Chair Hodson opened the public hearing at 8:01 p.m. 35 36 Stacie Kvilvang, Ehlers and Associates, stated that the St. Anthony Housing and Redevelopment 37 Authority desired to sell the H.R.A-owned properties located on Kenzie Terrace for 38 redevelopment purposes. Requests for proposals were sent out and two proposals were received. 39 Following review of the proposals, the H.R.A. approved LaNel Financial's development concept 40 for said 1.06-acre site to construct 38 rental units. The City's financial advisors recommended 41 the H.R.A. sell said lots as proposed at a purchase price of$285,000, based upon conditions as 42 set forth in the Agreement. This action would allow the closing for the property,to commence by 43 August 15, 2003, with construction slated to begin on September 1, 2003. 44 45 Ms. Kvilvang displayed a chart of properties purchased by the HRA from 1996 to 1999. She qp stated that the collective costs for acquisition, demolition, relocation and other soft costs equaled $444,000. She indicated that the new development, property evaluation and taxes generated 48 would help the City recapture those costs in approximately 7.5 years. She felt that redeveloping 02 Housing and Redevelopment Authority Meeting Minutes • June 24, 2003 - Page 2 1 "tired properties" would generate considerable tax revenue for the City. She added that Autumn 2 Woods was already a part of the community; therefore, the City knew they were an enhancement 3 to the neighborhood. 4 5 Chair Hodson invited residents to come forward at this time to address the HRA regarding this 6 item. No one came forward 7 8 Chair Hodson stated that the City was fortunate to have had a previous HRA acquire this 9 property. He added that this needed to be happening continually in the redeveloping of Saint 10 Anthony Village to bring it back to being a competitive city. 11 12 Commissioner Faust stated that in 1996 there were five properties that gave the City large 13 amounts of trouble, and the City had been able to obtain those properties. He felt this was 14 quintessential economic development by a local unit of government. He stated that taxes should 15 be affected for only three years; and it epitomized good planning, a bit of luck and willingness to 16 "bite the bullet"when needed. He, too, indicated pride in the previous Council. 17 18 Chair Hodson closed the public hearing at 8:07 p.m. 19 Motion by Commissioner Faust to adopt H.R.A. Resolution 03-014, approving the sale of properties located on Kenzie Terrace owned by the St. Anthony Village HRA. 22 23 Motion carried unanimously. 24 25 IV. GENERAL POLICY BUSINESS OF THE H.R.A. 26 A. H.R.A. Resolution 03-013, re: Decertification of Kenzie Terrace Tax Increment District. 27 It was recommended by Ehlers and.Associates that the City of St. Anthony take action to 28 decertify the Kenzie Terrace Tax Increment Finance District for the following reasons: 29 30 1. The bonds issued to finance the redevelopment would be callable February 1, 31 2004, and the City had adequate cash to pay the outstanding debt. Therefore, all 32 debt associated with the City Hall/Community Center Building would be retired. 33 In addition, by calling the bonds, interest expense of$235,315 would be saved. 34 2. Under the current law, other than for the City Hall/Community Center Bonds, the 35 increment from the District could not be used for other purposes outside of the 36 TIF District boundaries. 37 3. Decertifying the District would place the property back on the City's tax roles. 38 This would provide a significant increase to the City's tax capacity, and the City's 39 expenses would be spread across a larger tax base. Therefore, the tax burden 40 would decrease, and the impact of future debt would not be as significant. 41 4. Decertification of Kenzie reduced the tax impact of the costs associated with the 0 building of the new Public Works and Fire Station buildings. 03 Housing and Redevelopment Authority Meeting Minutes June 24, 2003 is Page 3 1 City Attorney Gilligan noted that the District had been established by the HRA; therefore, the 2 HRA also needed to approve decertification. Mr. Gilligan recommended that the HRA adopt the 3 resolution. 4 5 Motion by Commissioner Sparks to adopt H.R.A. Resolution 03-013, approving decertification 6 of Kenzie Terrace Tax Increment District. 7 8 Motion carried unanimously. 9 10 IV. STAFF REPORTS. 11 None. 12 13 V. H.R.A. COMMISSIONER COMMENTS. 14 None. 15 16 VI. INFORMATION AND ANNOUNCEMENTS. 17 None. 18 19 VII. ADJOURNMENT. 4# Chair Hodson adjourned the meeting at 8:10 p.m. 22 23 Respectfully submitted, 24 25 Marjorie R. Jenkins 26 Timesaver Off Site Secretarial, Inc. 27 • • • • Apache Plaza Redevelopment 0613012003 Total Costs Since Inception Payments from Developers: HillCrest Development $72,920.43 Met Council Grant $120,000.00 Pratt-Ordway $150^880.70 $343,801.13 Total Expenses $430.505.49 06/30/2003 Cost to HRA ($86.704.36) Dahlgren Shardlow Ehlers&Associates WSB&Associates Tracy Printinn JMS Communications Northfield Lines SEH/RCM Goodwin Comm Dorsey 8 Whitney LBH Enalnners $7.40212--1 $270 00 �° $2,714'.50 $:1.391.06, $990.00-" $308:00 $455.87 $1,615.00 $2,062.50 $592.03 -$3.337.91 $1,505.00 i $954.50 $1 450.00 $1 925.00 L_�72.00 $1,743.93 $570.00 $1483.00 $2.184.89 $7002.68 $93550, $954.50' $1,098:70:' $2;Q90:00 468.00 $2,199.80 $1,140.00 $3,545.50 $4,545.67 $16 138;88 $455 00- $942.00. $474.20e. $2,260.00 E848.00 $95.00 $7,322.59 $32,762190' $732.00° ,' $262.00' - $1;098.70 "` $1,320.00 $570.00 $25,780.22 $1,662.90 i $860:00 $1;098.70 $770.00 $190.00 $10,603.04 - $2,91113 I $4,061.00 $1,0900 $9,355.00 $1,425.00 $6,369.70 $1,920:55 $5,611:03 $1,168.60 $1,045.00 $15;686.06 $3,460;00 $10,456170 , $245.13. $1,995.00 $8,00159 } $5,100;00 „n 10 456.00 `$474.20 $1,330.00 $31,,118.21 $3,187:50 $498.50 $1,141.12 $9,975.00 $5,733.98_ $2,787.50 $668.00 $1,261.15 L$1,490.12 x$5,471.77 Y $1,091.00 $1,434.2 5 $560.13 . $2,662.50 $508.50 $13,434.45 $1774:75 $3,750.00 $94.00 $Z567-32 {{ $4,717.50 $188.00 $3,754.23 1 $3,653.50 $106.00 ,$,11503.00 $4,065.00 106.00 $1,645.50 $3,900.00 $40,542.23 $5^539.18 $4,385.63 $9^796.85 $5,850.00 $11,660.14 $6^052.50 $2,359.63 $5,587.50 $221.92 $637.50 $1,733.97 $3,342.54 $2,429.72 $2,287.50 $6,387.25 $2,137.50 $7,019.47 $7,275.00 $740.48 $656.25 $552.29 $7,156.25 $1,785.63 $2,816.25 $239.25 $8,362.50 $251.11 $108,974.87 $1,356.22 $234,308.05 Shaded Area Represents Before Pratt-Ordway Agreement Pratt-Ordway $150,880.70 Less: Expenditures ($167.961.34) Retainage Balance ($17,080.64)