HomeMy WebLinkAboutCC PACKET 05252004 Meeting Sheet
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Folder: CC PACKETS 2001-2004
Document: CC PACKET 05252004
I
CITY OF ST. ANTHONY
Our Mission'is to be progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
May 25, 2004
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 May 25, 2004, City Council Meeting Agenda.
(Action requested)
1.1. Proclamations and Recognitions.
Ill.-- 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 May 11, 2004, Regular Council Meeting minutes. (pp 1-14)
B. Licenses and Permits. (pp 15)
C. Claims. (pp 16-18)
D. Resolution 04-042; re: City's Insurance Renewal. (pp 19-26)
E. Resolution 04-043; re: 2004 Hennepin County Recycling Agreement.
(pp 27-30)
IV. Public Hearings. - None.
V. Reports from Commissions.
A. Planning Commission — May 18, 2004.
a. Variance 04-045, re: Lovelette, for 3201 —32nd Avenue, Square
Footage Variance, Lot Width Variance, and Floor Area Ratio Variance.
Action requested. (pp. 31-39)
VI. General Policy Business of the Council.
A. Ordinance 2004-002; re: Charitable Gambling. 2"d Reading. Action
requested. (pp 40-44)
B. Ordinance 2004-003; re: Peddlers, Solicitors, and Transient Merchants.
Action requested. 1st Reading. (pp. 45-51)
C. Resolution 04-044; re: 2004 Police Contract. Action requested
(pp. 52-65)
D. Introduction of Deb Wilkinson, Councilmember from Zumbrota.
(pp.66)
VII. Reports From City Manager and Councilmembers.
VIII. Community Forum.
Individuals may address the City Council about any item no included on the regular agenda.
Speakers are requested.to come to the podium, sign their name and address on the form at
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 of direct the matter to be
scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
01
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 MAY 11, 2004
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, Stille, Thuesen and Faust.
15 Absent: None.
16 Also Present: City Manager Mike Mornson and City Attorney Jerry Gilligan.
17
18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF THE MAY 11, 2004, CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve the City
23 Council Meeting Agenda of May 11, 2004.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. CONSENT AGENDA.
31 A. Approve April 27, 2004, regular Council meeting minutes.
32 B. Consider licenses and permits.
33 C. Consider payment of claims.
34
35 Motion by Councilmember Faust, seconded by Councilmember Thuesen, to approve the Consent
36 Agenda.
37
38 Friendly amendment by Mayor Hodson requesting the removal of Consent Agenda Item A.
39 Councilmember Faust accepted the friendly amendment.
40
41 Motion carried unanimously.
42
43 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve Consent
44 Agenda Item A.
45
46 Ayes—4,Nays—0,Abstains— 1 (Hodson). Motion carried.
47
48 IV. PUBLIC HEARINGS.
49 None.
City Council Regular Meeting Minutes 02
May 11, 2004
Page 2
1 V. REPORTS FROM COMMISSIONS.
2 A. Parks Commission—Carol Jindra, Chair.
3 Chair Jindra reported the Central Park project was basically completed, with the exception of a
4 few items. She indicated Mayor Hodson and Councilmember Stille recently toured the park with
5 the Commission and the entire park was thoroughly reviewed. She stated the drainage in the
6 fields was vastly improved, with a few areas to be checked. She explained the landscaping
7 subcontractor would identify which trees needed replacement or staking and some spot seeding
8 would be done on the borders of the trails and selected areas of the fields. She noted the hockey
9 boards had been replaced and reconstructed and added essentially everything was complete or
10 would be complete in the near future.
11
12 Chair Jindra indicated the grand opening was planned for Tuesday, June 29, 2004, from 6:00
13 p.m. to 8:30 pm. She discussed potential activities being planned and presented an itemized list
14 for Council's consideration regarding the grand opening budget. She asked that staff contact her
15 with a response regarding the budget the following day.
16
17 Chair Jindra stated the winter activities at Silver Point Park proceeded`without a hitch." She
18 indicated the warming house was functional and added the baseball field directly beneath the ice
19 field took a beating every year; therefore, it was recently hydro seeded and beginning to grow.
20 She noted both fields should be ready for summer activities.
21
22 Chair Jindra indicated the Planning Commission was working on a donation policy,which it
23 would submit to Council for review. She stated the possibility of each class donating a tree for
24 the park, beginning in 2004,was discussed with the high school principal and, in addition, the
25 Commission wished to implement a policy where residents could donate to landscaping or other
26 park needs.
27
28 Councilmember Thuesen asked if, based on the tour and recent rains, Chair Jindra was
29 encouraged that most of the drainage issues had been solved. Chair Jindra responded she was
30 very encouraged, as there were only a couple of areas that could use more grading or seeding,
31 which would be done.
32
33 Councilmember Horst stated he had a question from last week's Community Services Board
34 meeting regarding soccer and baseball being scheduled to happen at the same time. Chair Jindra
35 responded the Sports Boosters were working with Community Services on this issue; however, it
36 was her understanding that soccer and baseball would alternate dates.
37
38 Councilmember Horst indicated he thought there would be alternating seasons, with soccer being
39 scheduled later in the year. He added he understood that was the primary reason for the lights.
40 Chair Jindra responded she understood soccer and baseball had similar seasons. Discussion
41 followed regarding the current use of the fields.
42
43 Councilmember Horst asked which fields were set up for both soccer and baseball. Chair Jindra
44 responded all the fields were set up for both except the varsity baseball field.
45
03
City Council Regular Meeting Minutes
May 11, 2004
Page 3
1 Councilmember Horst noted there was a separate soccer field. Chair Jindra responded there was
2 an additional soccer field adjacent to the varsity baseball field to the east.
3
4 Councilmember Horst stated he understood the installation of the lights was partly to encourage
5 adult softball leagues,which would help pay part of the expenses. Chair Jindra responded there
6 was talk of an amateur league beginning in the summer.
7
8 Councilmember Horst indicated he understood the fields could not be used for adult softball
9 leagues because the soccer goals that were to be movable were now permanent.
10
11 Councilmember Faust asked if that was an appropriate question for the Parks Commission.
12 Councilmember Horst responded he understood the Parks Commission gave approval.
13
14 Councilmember Faust questioned if the scheduling was done through Community Services and
15 coordinated by the Sports Boosters.
16
17 Chair Jindra responded the only permanent soccer goals were those not affecting the baseball
18 fields. Discussion followed regarding potential problems.
19
20 Mayor Hodson noted the soccer goals were all out of play.
21
22 Councilmember Stille added padding could also be placed on them.
23
24 Councilmember Horst stated Community Services indicated it was turning down adult leagues
25 because of the soccer goals that were in the way. Chair Jindra responded the varsity field and the
26 junior varsity field would be the fields most likely used by adult leagues and neither field had
27 permanent soccer goals.
28
29 Councilmember Horst noted there appeared to be a misunderstanding.
30
31 Mayor Hodson suggested Community Services be asked regarding this issue. Councilmember
32 Horst responded Community Services was asking the question, as they could not schedule adult
33 baseball games. He added Community Services thought the Parks Commission could answer its
34 questions.
35
36 Councilmember Horst explained services to be paid by the City were discussed at the last
37 meeting with the Community Services Board and paying for the Community Services' lost
38 grandfather levy was now part of the Parks Commission function. He added part of that function
39 was to schedule the fields; however, leagues coming into the City were saying they could not
40 play on the fields because of the permanent soccer goals.
41
42 Councilmember Thuesen questioned if the problem regarding the soccer goals was with the
43 bylaws of the leagues. Councilmember Horst responded the City would then not be able to use
44 one of the revenue streams to pay for the lights.
45
46 Discussion followed regarding which fields would be appropriate for league play.
City Council Regular Meeting Minutes 04
May 11, 2004
Page 4
1
2 Councilmember Horst suggested staff further discuss this issue with Community Services.
3
4 Councilmember Stille indicated he was involved with a group within the community that start ed
5 a league and they had four games scheduled. He indicated a momentum would need to be
6 established, as leagues were often already scheduled in other cities.
7
8 Chair Jindra noted many potential users did not realize there were lights available.
9
10 Councilmember Horst asked if hydro seeding would be needed each year at Silver Point Park.
11 Chair Jindra responded it would as long as the ice rink was placed over the baseball field.
12
13 Councilmember Horst asked if that expense was included in the budget. City Manager Mornson
14 responded it was, as a certain amount of restoration was anticipated each year.
15
16 Mayor Hodson thanked Chair Jindra for her report.
17
18 VI. GENERAL POLICY BUSINESS OF THE COUNCIL.
19 A. Resolutions 04-039 and 04-040; Sale of GO Bonds for 2004A and B.
20 It was noted Resolution 04-039 was a temporary improvement bond that would provide the City
21 with the revenue needed to complete the 39th Avenue Project between Silver Lake Road and
22 Stinson Boulevard. It was explained the funds to pay back the bonds would come from special
23 assessments against benefiting property owners, along with $750,000 assistance from the Federal
24 government for the project.
25
26 It was stated Resolution 04-040 was a General Obligation Improvement Bond in the amount of
27 $1,790,000, which would provide the funding necessary to construct the 2004 street project
28 consisting of Belden Drive, Hilldale Avenue, 32°a Avenue and Townview Avenue.
29
30 It was recommended Council adopt Resolution 04-039 for sale of General Obligation Temporary
31 Bonds Series 2004B and Resolution 04-040 for sale of General Obligation Improvement Bonds
32 Series 2004A.
33
34 Jim Prosser, Ehlers and Associates, stated he was present to discuss the results of the competitive
35 bidding for the two bond issues. He indicated the first bond was a$1,790,000 General
36 Obligation Improvement Bond Series 2004A and the low bidder was Wells Fargo Bank offering
37 an interest rate of 4.2606%. He noted the issue was rated by Moody's and the City had sustained
38 an Al rating, which was excellent. He stated this was still a good market, as the interest rates
39 were relatively low, and, in addition, the community's good reputation helped provide the
40 positive results.
41
42 Mr. Prosser indicated it was recommended the $2,075,000 General Obligation Temporary
43 Improvement Bonds Series 2004B be a three-year temporary bond with a one-year call, as the
44 City could consider paying the temporary issue and refunding with cash when the funds were
45 available or could consider a longer-term issue for the remaining amount. He noted UMB Bank
46 from Kansas City offered a bid of 1.7015%; however, after the bid was received, the bidder
City Council Regular Meeting Minutes 05
May 11, 2004
Page 5
1 called back indicating a mistake was made and asked if a solution could be discussed. He stated
2 UMB Bank was advised that Ehlers had no legal ability to bring a solution and the only option
3 would be to present the request to Council. He noted Ehlers did have UMB Bank submit a letter.
4 explaining the problem and giving reasons why this should be renegotiated. He explained
5 Council could reject this bid and authorize Ehlers to rebid or negotiate.
6
7 Mr. Prosser indicated rejecting the bid was not recommended; however, as this was a good bid.
8 He noted UMB Bank would need to forfeit the bid bond if they withdrew the bid. He explained
9 rejecting the bid put the City in the position of having to go back to the marketplace to negotiate,
10 adding it would also undermine the competitive process. He indicated the coupon interest rate
11 was approximately 1% lower than anticipated because of the error and the interest savings for the
12 term of three years would be approximately$40,000.
13
14 Mr. Prosser stated he also wished to address the credit rating report,noting Moody's reported a
15 strong rate of growth in market value within the St. Anthony Village community. He explained
16 part of the reason was the redevelopment projects, along with the City's maintenance of good
17 fund balances. He indicated the City was finding a way to fund services within the community,
18 along with taking action to sustain a balanced budget, despite State cutbacks. He added the
19 City's overall debt level was also less than average and advised that staff be commended for this
20 good credit rating.
21
22 Councilmember Faust asked if the choices were the following: The bank made an error and
23 Council could "let them off the hook"and rebid, which would cost the City money, or Council
24 could accept the bid and the bank would have to pay to back out of the transaction. He
25 questioned who would receive the money paid by the bank. City Attorney Gilligan responded
26 the City had the bid bond and would collect approximately 2% of the bid on the bond, after
27 which the City would have to go back and rebid.
28
29 Mayor Hodson asked if the next lowest bid could be accepted. Mr. Gilligan responded the City
30 would have to reject all bids; however, it could negotiate with the other bidders. Discussion
31 followed.
32
33 Councilmember Faust stated, in his opinion, the City's hands were tied because UMB Bank was
34 the low bidder. He indicated the City could readvertise in good conscience if the bank forfeited
35 at this point.
36
37 Mr. Gilligan stated he suspected the bank would go through with the transaction for the sake of
38 its name if the City accepted the bid.
39
40 Councilmember Stille noted $40,000 was represented and, hopefully, the bank would just accept
41 Council's approval. Mr. Gilligan responded he anticipated it would.
42
43 Councilmember Horst asked if the City would be facing higher interest rates if it had to rebid at
44 this time. Mr. Prosser responded he thought it would, as the interest rates were trending upward.
45
City Council Regular Meeting Minutes 06
May 11, 2004
Page 6
1 Councilmember Horst stated his recommendation was that Council accept the bid as it was
2 currently stated.
3
4 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Resolution 04-
5 039 relating to $2,075,000 General Obligation Temporary Improvement Bonds, Series 2004B;
6 awarding the sale to UMB Bank of Kansas City at a bid price of 1.7015%, fixing the form and
7 details and providing for the execution and delivery thereof and security therefor and levying ad
8 valorem taxes for the payment thereof.
9
10 Motion carried unanimously.
11
12 Motion by Councilmember Thuesen, seconded by Councilmember Faust, to adopt Resolution
13 04-040 relating to $1,790,000 General Obligation Improvement Bonds, Series 2004A; awarding
14 the sale to Wells Fargo Bank at a bid price of 4.2606%, fixing the form and details and providing
15 for the execution and delivery thereof and security therefor and levying ad valorem taxes for the
16 payment thereof.
17
18 Motion carried unanimously.
19
20 B. Resolution 04-041, Approve New Date for Phase II of Silver Lake Village.
21 It was noted, in the Development Agreement approved by the City on December 16, 2003, the
22 developer was to enter into an agreement by May 31, 2004, with the HRA to construct the Phase
23 H development. It was explained the developer was asking for an amendment to the Agreement
24 that would give them until December 31, 2004, because of the time spent putting the Phase I
25 project together. It was stated both Council and the H.R.A. needed to approve.
26
27 It was recommended Council adopt Resolution 04-041 for extension of the time line for Phase II
28 of Northwest Quadrant development.
29
30 Stacie Kvilvang, Ehlers and Associates Inc., noted last December Council executed a
31 Development Agreement with Mr. Pratt and partners regarding the Apache redevelopment in the
32 Northwest Quadrant, which slated specific time periods related to Phase I and Phase II of the
33 project. She explained a time problem had surfaced and the developer was requesting an
34 extension of time to submit the Phase II elements. She added the developer was still interested in
35 completing Phase II of the development and was requesting the new date to submit proforma and
36 plan information be extended to October 15, 2004, and the date to enter into a contract addendum
37 be extended to December 31, 2004.
38
39 Mayor Hodson indicated this was anticipated and added quite a bit of activity was taking place.
40 He noted a market analysis was being done to determine what types of products would be
41 moving into the area.
42
43 Councilmember Stille agreed there was continual activity. He stated it would be time to step
44 back and ask questions if things were not happening and there was an appearance of stalling;
45 however, that was not the problem in this situation.
46
City Council Regular Meeting Minutes
May 11, 2004 07
Page 7
1 Len Pratt, Pratt-Ordway, stated not a day passed without a great deal of activity related to
2 implementing Phase I. He discussed the progress taking place and indicated time had been spent
3 working with focus groups representing St. Anthony Village residents and residents of nearby
4 communities in an effort to make certain the product was matched to the potential buyers. He
5 provided for-sale housing updates to Council, which reflected the opinions of the various focus
6 groups. He added an extra amount of time was required so "things could be done right."
7
8 Mr. Pratt indicated he was anxious to "get onto the matters of Phase II,"noting he had begun
9 discussions with some of the Phase II property owners.
10
11 Councilmember Horst stated Council appreciated Mr. Pratt's efforts and added an"amazing
12 amount of stuff needs to be done."
13
14 Councilmember Thuesen asked regarding the current number of for-sale units at this time. Mr.
15 Pratt responded 264 units were planned, which would involve four buildings. He noted Purchase
16 Agreements were currently being taken for the first building in the northeast quadrant.
17
18 Mr. Pratt explained the goal was to give each building its own identity and indicated he had
19 grown to appreciate the collaborative efforts of the architectural groups. He added two or three
20 additional elevations were being considered,noting some upper-end units were being created at
21 the suggestion of buyers. He stated plans continued to evolve as a result of the focus groups.
22
23 Motion by Councilmember Horst, seconded by Councilmember Faust, to adopt Resolution 04-
24 041 approving extension of time line for Phase II development—Northwest Quadrant.
25
26 Motion carried unanimously.
27
28 C. Charitable Gambling Ordinance(1St Reading)
29 City Attorney Gilligan noted, in order to permit charitable gambling in restaurants holding on-
30 sale liquor licenses, it would be necessary for Council to amend Section 535.02 of the City Code.
31 He explained the section presently limited licensed charitable gambling to municipal on-sale
32 liquor establishments. He indicated an ordinance had been prepared amending Section 535.02 to
33 permit charitable gambling in establishments holding an on-sale liquor license.
34
35 Mr. Gilligan stated under Minnesota Statutes the City had the authority to, by ordinance, require
36 that an organization conducting licensed charitable gambling expend all or a portion of its lawful
37 expenditure from gross profits derived from the charitable gambling conducted in the City within
38 the City's trade area; therefore, the ordinance must define the City's trade area. He indicated this
39 statute required that the trade area must include each contiguous city to St. Anthony Village. He
40 suggested Council might wish to consider imposing this requirement on licensed charitable
41 gambling; however, the requirement might be of limited value in ensuring the profits from
42 licensed charitable gambling were expended in a manner that benefited the City and its residents
43 because of the above stated requirement.
44
45 Councilmember Faust asked if this ordinance prevented another restaurant or bar from opening
46 and having charitable gambling other than Sports Boosters. Mr. Gilligan responded the
City Council Regular Meeting Minutes ®$
May 11, 2004
Page 8
1 ordinance did not prevent that and added the City could not regulate who obtained licenses from
2 the State.
3
4 Mayor Hodson questioned if the City would have to give approval before they could operate:
5 Mr. Gilligan responded the establishment would have to come to the City for its liquor license;
6 however, charitable gambling was licensed by the State and an agreement between the charitable
7 gambling organization and the establishment could be made.
8
9 Councilmember Faust stated it was conceivable the City could have Sports Boosters in one bar
10 and a Columbia Heights organization, for example, in the northern part of the City doing the
11 same thing. Mr. Gilligan responded that was correct.
12
13 Councilmember Faust asked if one organization could have multiple locations. He also
14 questioned if the City could limit one charitable organization per bar. Mr. Gilligan responded he
15 was not familiar with the procedure regarding Councilmember Faust's questions; however, he
16 would find the answers and report back to Council. He added he did think the City could limit
17 one charitable gambling organization per bar under the liquor ordinance by making it a condition
18 of the liquor license. Discussion followed.
19
20 Councilmember Faust stated he thought the City should do what it could to insure that the profits
21 from charitable gambling helped the causes the City had chosen in the past. Mr. Gilligan
22 responded the City had control when it was the City's operation; however, the City did not have
23 control anymore.
24
25 Motion by Councilmember Thuesen, seconded by Councilmember Horst, to adopt Ordinance
26 2004-002 relating to lawful gambling; amending Section 500 of the St. Anthony City Code.
27
28 Discussion:
29
30 Councilmember Stille noted Mr. Gilligan discussed limiting expenditures to the City, which
31 included contiguous cities. He asked if wording to that effect was in the ordinance as it was
32 written. Mr. Gilligan responded it was not; however, the wording could be included if Council
33 wished.
34
35 Councilmember Stille stated the ordinance was not perfect; however, it did somewhat limit the
36 market. He indicated it would be a"stop gap"until fine tuning could be done.
37
38 Mr. Gilligan noted the provision that profits would have to stay in the trade area would mean the
39 profits could not go beyond the contiguous cities.
40
41 Mayor Hodson asked if the provision would protect the City from other gambling organizations
42 coming into the City. Mr. Gilligan responded it would not.
43
44 Mayor Hodson noted currently the Lions, Chamber, Sports Boosters, etc., did a good job
45 patrolling the profits and making sure they came back into the community. He added he was not
46 sure what protection was needed.
City Council Regular Meeting Minutes
May 11, 2004 09
Page 9
1
2 Councilmember Stille indicated the provision would not solve the problem; however, it would
3 establish intent. He added he liked the idea and did not see any harm in including it. Mr. . .
4 Gilligan responded no harm would be done and added he would do more research regarding the
5 limits that could be placed on an organization.
6
7 Mayor Hodson suggested Council approve the first reading of the ordinance as it was and amend
8 the ordinance for the second reading.
9
10 Councilmember Thuesen stated he was open to hearing more information from Mr. Gilligan. He
11 agreed the ordinance should be left as it was until Council had more information.
12
13 Councilmember Faust indicated he had no problem moving forward with the ordinance as it was,
14 as there would be two more readings. He noted he envisioned the ordinance changing with the
15 additional readings. He stated he was in favor of moving forward with the condition that Mr.
16 Gilligan understood Council's concerns.
17
18 Councilmember Horst asked if the City's Sports Boosters, for example, could open in a
19 Minneapolis bar. Mayor Hodson responded they could; however, they would need an
20 establishment that would accept them.
21
22 Motion carried unanimously.
23
24 D. Resolution 04-027 and 04-028• Police Contracts with Falcon Heights and Lauderdale
25 respectively.
26 City Manager Momson noted the only changes to the current police services contracts for the
27 Cities of Falcon Heights and Lauderdale would pertain to payment for services. He indicated the
28 proposed increases for 2005 and 2006 were 3% and 3.25%, respectively. He explained the
29 increases were requested to offset expanded costs in the following areas:
30 ■ Salaries and benefits would increase over the next two years.
31 ■ Health insurance premiums had significantly increased.
32 ■ Increasing costs of maintenance (labor, tires, parts, etc.)
33 ■ Continuing rise in fuel costs.
34 ■ Hennepin/Ramsey County 800 MHZ/VHF communications costs.
35
36 Mr. Morrison stated both cities had approved the contracts.
37
38 Mr. Morrison stated he recommended Council adopt Resolution 04-027,police services for the
39 City of Falcon Heights, and Resolution 04-028,police services for the City of Lauderdale.
40
41 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Resolution 04-
42 027 approving the Joint Powers Agreement for police services with the City of Falcon Heights
43 and authorizing the Mayor and City Manager to execute said Agreement.
44
45 Motion carried unanimously.
46
City Council Regular Meeting Minutes 10
May 11, 2004
Page 10
1 Motion by Councilmember Thuesen, seconded by Councilmember Faust, to adopt Resolution
2 04-028 approving the Joint Powers Agreement for police services with the City of Lauderdale
3 and authorizing the Mayor and City Manager to execute said Agreement.
4
5 Motion carried unanimously.
6
7 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
8 City Manager Morrison noted Park Commission Chair Carol Jindra presented a budget for the
9 Central Park grand opening and stated she would be calling for approval the next day. He asked
10 if the budget should be approved as long as it did not exceed the$2,500 allocated for that
11 purpose. Council agreed.
12
13 Mr. Morrison reported the following:
14 1. Update on electronic sign for City Hall.
15 a. $4,000 received from organizations.
16 b. Concept review scheduled for Tuesday, May 18, 2004, in front of Planning
17 Commission.
18 C. Public hearing would be held either in June or July.
19 d. Usage approved for recreational open-space district on property either owned by
20 City or school district.
21 e. If approved, sign should be in around Labor Day.
22 f. Usage policy provided for Council's review.
23
24 2. Liquor store update.
25 a. Curb was in.
26 b. Coolers were in.
27 C. Interior lighting was in.
28 d. Shelving, flooring and general cleanup planned for next two weeks.
29 e. Opening planned for June 1, 2004.
30 f. Customer Appreciation Week planned for June 21 to 26, with the dedication
31 planned for June N.
32
33 3. Public Works update.
34 a. Currently operating out of the new building, which was 95% complete.
35 b. Demolition of old Public Works building completed the previous week.
36 C. Site work underway, with plan to have parcel completed by June 1.
37 d. Dedication on June 24 from 4:00 p.m. to 7:00 p.m.
38
39 4. Fire station update.
40 a. Walls are going up.
41 b. Scheduled completion date of October 1, 2004.
42
43 5. Silver Lake Village update.
44 a. Final PUD for rental before the Planning Commission on June 15 and before
45 Council on June 22. No public hearing required, as they were held last fall.
City Council Regular Meeting Minutes 7 7
May 11, 2004
Page 11
1 b. Utility work currently underway, with completion of Phase I utility work
2 scheduled for end of June.
3 C. New liquor store construction to begin around June 1.
4 d. Construction on two other commercial buildings scheduled to begin around June
5 8.
6 e. New facade,new landscaping and wider sidewalks planned for Cub property,
7 which would probably not begin before July 4.
8
9 6. Mediation with Police Union held earlier in the day.
10 a. Appeared an agreement would be reached.
11 b. Only difference between this union and the two other unions was this would be a
12 one-year contract versus the usual two-year contract.
13 C. Possibly would be before Council the end of May.
14
15 7. Three River Park meeting to be held May 20 from 1:00 p.m. to 3:30 p.m.
16 a. Three River Park had purchased the Salvation Army property.
17 b. Would have someone in attendance to report back to Council.
18
19 8. Introduced John Malenick, new Fire Chief.
20 a. Fifteen years with Fire Department.
21 b. Business Administration Degree from St. Thomas.
22
23 Mr. Morrison asked Fire Chief Malenick to come forward.
24
25 Chief Malenick stated he had lived and worked his entire life in the area. He indicated he loved
26 the City and its family values and wished to continue those values through the Fire Department.
27
28 Mayor Hodson stated he looked forward to receiving input from Chief Malenick, both as a
29 resident of the City and as its Fire Chief.
30
31 Councilmember Horst reported he attended a Community Services Board meeting the previous
32 Thursday and one of the discussions focused on thanking Council for filling in the monies
33 missing from the grandfather levy, which allowed the Board to continue scheduling fields and
34 working with the City's recreation programs.
35
36 Councilmember Horst indicated the Gardener's Club was having a sale at Chenoweth Floral the
37 following day, May 12, from 9:00 a.m. to 7:00 p.m. He noted the Club worked to beautify the
38 City and this was a good way to support them.
39
40 Councilmember Stille reported that June 29 was the grand opening of the parks. He welcomed
41 residents to come and join the festivities.
42
43 Councilmember Thuesen reported the City-wide cleanup was held the previous Saturday and
44 business was down compared with previous years. He reminded residents this was an excellent
45 way to deal with "hard-to-dispose-of' items.
46
City Council Regular Meeting Minutes 12
May 11, 2004
Page 12
1 Councilmember Faust reported he attended a Safety and Loss Control Workshop presented by
2 the League of Minnesota Cities Insurance Trust on April 29,noting it was the first time
3 Councilmembers were overtly invited to attend this full day seminar. He indicated a large
4 amount of information was given, which included an elected officials track that could be
5 followed. He encouraged the rest of Council to attend the seminar next year, as the potential of
6 savings for the City was "hundredfold."
7
8 Councilmember Faust thanked Councilmember Stille and Councilmember Thuesen for attending
9 Cleanup Day. He noted the dumpsters were located on Berger Transfer property and indicated
10 this was an example of the cooperative spirit between corporations and the City.
11
12 Councilmember Faust stated he attended the Northwest Youth and Family Services first annual
13 leadership luncheon on May 5 at the Midland Country Club, indicating the luncheon was a
14 fundraiser. He explained youth services were discussed and he stated he"really felt and saw"
15 what this organization did for individuals, families and groups. He added he hoped Council
16 could have a table at next year's luncheon. He provided further information to interested
17 Councilmembers.
18
19 Councilmember Faust indicated he was part of a program sponsored by the League of Minnesota
20 Cities called"Walking-A-Mile Program." He explained he had been asked to host a
21 Councilmember from Zumbrota and she would attend the May 25 Council meeting. He added he
22 would also attend a Council meeting in Zumbrota. He stated dissimilar cities were matched to
23 discover what similarities were actually experienced, noting it was a good way to network.
24
25 Mayor Hodson thanked Councilmember Thuesen for acting as Mayor Pro Tern in his absence.
26
27 Mayor Hodson reported he was in San Antonio, Texas, attending a Homeland Security
28 Emergency Management Conference. He noted the need for cooperation between cities was
29 evident from the conference sessions and stated he wanted to again thank the Police and Fire
30 Departments for their cooperative efforts with the surrounding communities, as that cooperation
31 was a critical piece of homeland defense.
32
33 Mayor Hodson indicated one of the recommendations from the conference was strong alliances
34 between cities. He stated such organizations as the North Metro Mayors Association and the
35 League of Minnesota Cities came to mind and advised the City stay active in those organizations.
36
37 Mayor Hodson noted a great deal of information was given regarding communities mobilizing
38 Citizen Emergency Response Teams, which was a federally funded program. He explained it
39 was a takeoff of National Night Out and involved directly training residents to handle emergency
40 situations and assist in evacuation planning. He asked Fire Chief Malenick to explore this
41 program for the City and surrounding communities.
42
43 Mayor Hodson stated he continued to receive e-mails and phone calls that recommended the City
44 "keep moving forward." He thanked City Manager Mornson and City staff for the many hours
45 dedicated to all the activities currently taking place within the City.
46
City Council Regular Meeting Minutes 13
May 11, 2004
Page 13
1 VIII. COMMUNITY FORUM.
2 Paul Smith, 3032 Fairway Drive, Chaska, stated he was present to represent owners of the Plaza
3 Apartments on Macalaster Drive. He indicated he wished to comment on the new Tires Plus
4 location,noting he was out of town at the time of the March public hearings. He explained he
5 had four concerns regarding the new location:
6 1. The potential disruption of the"quiet enjoyment" of the area,particularly during the
7 evening hours.
8 2. Concern regarding drainage, noting the area was "severely wet"when it was wood
9 covered. He indicated the area behind the apartments would now be some form of road
10 surface.
11 3. The loss of tenants as a result of the potential noise issues and loss of privacy when trees
12 were taken down.
13 4. Inability to replace tenants because of above-stated issues.
14
15 Mr. Smith urged Council to consider the inclusion of sound barriers along the property when
16 landscaping was considered.
17
18 Roland Nelson(?), 3820 Macalaster Drive, noted he was the Finance Director for the City of
19 Falcon Heights and had been a St. Anthony Village resident for over 25 years. He indicated his
20 bedroom window was approximately 180 feet from the Tires Plus air hammers. He stated, as a
21 renter, it would have been nice to have been notified regarding the changes to the area. He noted
22 the 2000 census showed that 41%of the residential households in St. Anthony Village were
23 renters and suggested the City not only notify property owners but also have the courtesy to
24 notify affected rental households when conditional use permit issues and public hearings
25 surfaced. He added the renters of his apartment building also needed the City's help with sound
26 abatement.
27
28 Kristi Hubbard, 3820 Macalaster Drive, stated she agreed with the concerns indicated by the
29 previous comments. She added she worked two jobs and came home late at night, noting that
30 there would now be a"huge, gaping hole"between the apartment parking lot and the liquor store
31 parking lot. She indicated she was uneasy, as there was a"clear shot"to the parking lot where
32 she walked alone late at night.
33
34 Clarence Ranello, 2601 Kenzie Terrace, stated he was one of the Cable Commissioners and he
35 realized the Channel 16 replays were not"the best quality." He indicated he would have an
36 engineer come the following day to check the equipment. He discussed future City-related
37 programming that could be seen on Channels 15 or 16.
38
39 Mr. Ranello cited an incident that took place the previous Sunday night when firefighters rescued
40 a man from a stalled elevator in an"over-55"building, noting the elevator stalled when the
41 electricity failed. He explained the firefighters not only rescued the trapped resident but also
42 restarted the elevator so it would be operational when electricity was available. He stated he
43 wanted to thank the Fire Department for the work they do.
44
45 Mr. Ranello noted he had just attended a banquet for volunteers, indicating Sue Hall, a member
46 of the City's staff, received an award for program production. He added, at 72 years of age, he
City Council Regular Meeting Minutes 14
May 11, 2004
Page 14
1 received a Rookie of the Year award for program production. He suggested residents consider
2 volunteering, as"the young people over there help us."
3
4 IX. INFORMATION AND ANNOUNCEMENTS.
5 None.
6
7 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
8 None.
9
10 XI. ADJOURNMENT.
11 Mayor Hodson adjourned the meeting at 8:25 p.m.
12
13
14 Respectfully submitted,
15
16
17 Marjorie R. Jenkins
18 Timesaver Off Site Secretarial, Inc.
19
20
21 Mayor
22 ATTEST:
23 City Clerk
15
Saint Anthony Village
DATE: May 25, 2004 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Construction Labor Force, Inc. dba: Rite-Way Waterproofing
Magney Construciton, Chanhassen,MN
Multi-Dwelling License:
Macalaster Manor Partnership, 3800/ 3808 Macalaster Drive
Sandberg Family Partnership, 3820 Macalaster Drive
Chandler Place, 3701 Chandler Drive
Tobacco License:
St. Anthony Village Wine & Spirits, 2700 Highway 88
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/18/2004 14: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
008964 ACCLAIM BENEFITS 23309 05/26/04 59.76
.00001 ALCOHOL TOBACCO TAX AND 23310 05/26/04 500.00
004014 ALLIED PAPER CO. 23311 05/26/04 126.00
004293 BELLBOY CORP. 23312 05/26/04 1,897.29
002380 CENTERPOINT ENERGY MINNE 23313 05/26/04 242.58
004080 CHISAGO LAKES DIST. CO., 23314 05/26/04 627.25
008814 CITY WIDE WINDOW SERVICE 23315 05/26/04 23.43
004120 EAGLE WINE CO 23316 05/26/04 2,936.20
004125 EAST SIDE BEVERAGE CO 23317 05/26/04 12,614.65
004172 GRAPE BEGINNINGS, INC. 23318 05/26/04 380.00
004175 GRIGGS COOPER & CO INC 23319 05/26/04 12,491.13
004207 HOHENSTEIN-S, INC 23320 05/26/04 601.70
004220 JOHNSON BROTHERS LIQUOR 23321 05/26/04 10,776.69
004230 KUETHER DISTRIBUTING CO 23322 05/26/04 14,898.55
002040 LILLIE SUBURBAN NEWSPAPE 23323 05/26/04 275.00
004265 MARK VII SALES INC 23324 05/26/04 5,623.88
004299 MPLS. OXYGEN CO. 23325 05/26/04 10.86
008996 NEEDHAM DISTRIBUTING CO 23326 05/26/04 172.70
008883 NEW FRANCE WINE COMPANY 23327 05/26/04 97.00
004354 PAUSTIS & SONS 23328 05/26/04 2,236.50
004360 PHILLIPS WINE & SPIRITS 23329 05/26/04 4,075.85
004361 PINNACLE DIST. 23330 05/26/04 574.02
004376 PRIOR WINE CO 23331 05/26/04 1,642..56
004385 QUALITY WINE CO 23332 05/26/04 3,021.37
008219 QWEST DER 23333 05/26/04 196.00
009072 - SPECIALTY WINES & BEV. L 23334 05/26/04 1,045.50
008969 STAN MORGAN & ASSOCIATES 23335 05/26/04 41,268.75
008888 VALPAK OF MINNEAPOLIS-ST 23336 05/26/04 1,500.00
008316 WINE COMPANY/THE 23337 05/26/04 99.00
008310 WINE MERCHANTS INC 23338 05/26/04 453.81
002680 XCEL ENERGY 23339 05/26/04 846.36
LIQUOR CHECKING ACCOUNT 121,314.39 ***
d
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/18/2004 14: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK$ DATE AMOUNT
FIRS BREMER BANK NA
008964 ACCLAIM BENEFITS 22577 05/26/04 146.24
008242 AFFILIATED COMPUTER SERV 22578 05/26/04 3,250.00
008255 AVAYA, INC. 22579 05/26/04 29.32
008555 BIFFS, INC. 22580 05/26/04 292.75
003714 BUILDING FASTENERS 22581 05/26/04 62.57
000558 CALGON CARBON CORP 22582 05/26/04 65,403.20
002380 CENTERPOINT ENERGY MINNS 22583 05/26/04 926.44
008124 CENTURY SIGN 6 ADV SPECI 22584 05/26/04 575.28
008577 CITY OF ST. PAUL 22585 05/26/04 28.50
008950 COMCAST 22586 05/26/04 4.68
008966 CULVERS 22587 05/26/04 29.24
000800 DAVIES WATER EQUIP CO. 22588 05/26/04 254.75
000807 DIAMOND VOGEL PAINTS 22589 05/26/04 108.95
008151 DIEGNAU/DANIEL 22590 05/26/04 18.20
007371 DISCOUNT STEEL, INC. 22591 05/26/04 87.31
008634 DRIVER 6 VEHICLE SERVICE 22592 05/26/04 12.50
008921 DYNAMEX 22593 05/26/04 13.85
008825 ED M. FELD EQUIPMENT CO. 22594 05/26/04 25.00
008153 FILTERFRSH 22595 05/26/04 185.91
008647 FRATTALLONE'S HARDWARE 22596 05/26/04 36.45
009055 FREEWAY TOWING 22597 05/26/04 90.53
001030 G 4 K SERVICES INC 22598 05/26/04 270.43
001110 GENERAL IND SUPPLY 22599 05/26/04 16.61
007114 GENERAL SAFETY EQUIPMENT 22600 05/26/04 170.07
001145 GLENWOOD INGLEWOOD 22601 05126/04 40.90
001250 GRAINGER INC/W W 22602 05/26/04 176.75
008709 RAIL/SUSAN M.H. 22603 05/26/04 22.88
005121 HARTMAN/JAY 22604 05/26/04 383.42
008221 HEDBACK,ARENDT, & CARLSO 22605 05/26/04 5,000.00
008944 HENN CNTY INFO TECH DEPT 22606 05/26/04 2,114.03
008252 HOME DEPOT-GECF 22607 05/26/04 85.66
008658 INSTRUMENTAL RESEARCH, I 22608 05/26/04 76.50
008891 INTER-TEL TECHNOLOGIES 22609 05/26/04 202.35
008125 INTOXIMETERS, INC. 22610 05/26/04 60.71
007358 J.R.'S APPLIANCE DISPOSA 22611 05/26/04 450.00
001980 LEAGUE OF MN CITIES 22612 05/26/04 20.00
002040 LILLIE SUBURBAN NEWSPAPE 22613 05/26/04 116.20
.00001 LOU ANN SCHMIDT 22614 05/26/04 53.91
009069 MAGNEY CONSTRUCTION, INC 22615 05/26/04 23,813.65
008193 MCFOA TREASURER 22616 05/26/04 35.00
.00002 MIDC ENTERPRISES 22617 05/26/04 73.10
007340 MINNEAPOLIS FINANCE DEPT 22618 05/26/04 500.00
007370 MYERS TIRE SUPPLY COMPAN 22619 05/26/04 29.99
008993 NEXTEL COMMUNICATIONS 22620 05/26/04 85.95
008959 NORTH SUBURBAN ACCESS CO 22621 05/26/04 491.07
005176 NORTH SUBURBAN COMMUNICA 22622 05/26/04 280.60
008820 NORTHERN TRAFFIC SUPPLY, 22623 05/26/04 68.16
000045 OFFICE DEPOT 22624 05/26/04 176.30
WL
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/18/2004 14: Check Register GL540R-V06.60 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
001230 ONE CALL CONCEPTS, INC. 22625 05/26/04 194.35
007318 OVERHEAD DOOR COMPANY 22626 05/26/04 136.00
008528 PACE ANALYTICAL SERVICES 22627 05/26/04 311.00
009045 PBS GRAPHIC ARTS & DESIG 22628 05/26/04 266.25
004492 QWEST 22629 05/26/04 493.36
003100 ROSEDALE CHEVROLET 22630 05/26/04 9,821.34
.00005 S.H. BARTLETT COMPANY 22631 05/26/04 48.74
003350 SEH 22632 05/26/04 121.58
008199 SIGNATURE CONCEPTS, INC. 22633 05/26/04 137.75
003155 ST ANTHONY FIRE RELIEF A 22634 05/26/04 300.00
001810 ST. ANTHONY VILLAGE KIWA 22635 05/26/04 71.00
002420 STAR TRIBUNE 22636 05/26/04 2,473.40
003490 STREICHER'S 22637 05/26/04 4,631.56
008700 TC WEB TECH 22638 05/26/04 604.00
.00004 TIM'S QUALITY PLUMBING 22639 05/26/04 187.50
007337 TIMESAVER OFF SITE SECRE 22640 05/26/04 171.20
003560 TRACY PRINTING 22641 05/26/04 268.00
007330 TRI STATE BOBCAT, INC. 22642 05/26/04 133.13
004481 TWIN CITY JANITOR SUPPLY 22643 05/26/04 75.42
009023 US INTERNET 22644 05/26/04 62.50
008227 VERIZON WIRELESS, BELLEV 22645 05/26/04 113.72
004494 WASTE MANAGEMENT - BLAIN 22646 05/26/04 56.61
008935 WELLS FARGO BANK NA 22647 05/26/04 1,050.00
008273 WSB 6 ASSOCIATES, INC. 22648 05/26/04 34,488.11
002680 XCEL ENERGY 22649 05/26/04 13,290.50
000830 ZEE MEDICAL SERVICE 22650 05/26/04 21.30
.00003 3D SPECIALTIES 22651 05/26/04 635.81
BREMER BANK NA 176,560.04 ***
MML
tlY0
19
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 04-042
A RESOLUTION REGARDING RENEWAL OF INSURANCE COVERAGE AND THE
WAIVER OF TORT LIABILITY LIMITS FOR THE LMCIT INSURANCE PROGRAM.
WHEREAS, the City Council of the City of St. Anthony hereby approves participation in the
League of Minnesota Cities Insurance Trust(LMCIT) insurance program for the
year 2004/2005; and
WHEREAS, the City has elected to purchase liability coverage in the amount of$1,000,000.00,
which is the statutory limits on tort liability as set forth in the MN Statutes
466.04.
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the
renewal of insurance coverage through the League of Minnesota Cities at a cost of$156,242.00
for the policy period June 1, 2004 to May 31, 2005.
IN ADDITION, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the renewal of municipal off-sale liquor insurance for its off-sale stores (SAV I & SAV
II) in the amount of$9,315.00 for the policy period of June 1, 2004 to May 31, 2005.
THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony
hereby approves waiving of the monetary limits on tort liability established by MN statute
466.04 to the extent of the limits of the liability coverage obtained from the LMCIT for the
policy period of June 1, 2004 to May 31, 2005.
Adopted this day of , 2004.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
2®
MEMORANDUM
DATE: May 18, 2004
TO: Mike Mornson, City Manager
FROM: Roger Larson, Finance Director
ITEM: LEAGUE OF MN CITIES INSURANCE RENEWAL
The attached information includes price quotations for property, auto, general liability, and
workers' compensation. The cost for maintaining our present coverage of$10,000 deductible and
$50,000 aggregate through the League of Minnesota Cities totals $156,242.
This amount represents an increase in premiums of $4,229. Basically the cost for insurance
remained stable with the exception of Property, General Liability and Workers Compensation
premiums.
Property: The premiums have increased because of the completion of our park buildings at Central
and Silver Point Parks,which were added to the coverage.
General Liability: These premiums are based on total City expenditures. As part of balancing the
2004 budget, all Departments prudently monitored their budgets. The result is that our spending
was significantly less that the prior year,which decreased the premium.
Workers Compensation: Overall the cost for workers compensation saw an increase in premiums.
In addition, there are some lingering claims from Liquor Operations (Stonehouse), which affected
our experience modification rating(they will be out of the system next year).
To help rehabilitate employees in a timely manner, St. Anthony will continue to maintain a
Managed Care Provider. Employees who are injured on the job are assigned to a specific clinic and
coach for the rehabilitation of their injury. This results in a 3% reduction in workers' comp
premiums and assists the employee with developing a medical plan and treatment schedule.
As in previous years, no other insurance companies chose to compete with the League of Minnesota
Cities Insurance Trust.
Recommendation:
Staff recommends Council pass Resolution #03-036 approving renewal of insurance coverage
through the League of Minnesota Cities at a cost of $156,242, approving off-sale liquor
liability insurance totaling$9,315 and waiving the statutory limits of tort liability.
21
Insurance Renewal:
Increase
2003/04 2004/05 (Ilee.reasr,)
Property $169632 $ 189446 $ 19814
Inland Marine $ 29928 $ 39003 $ 75
Boiler/Machinery $ 19979 $ 19968 ($ 11)
General/Liability $ 40,488 $ 379053 ($ 39435)
No Fault/Sewer Backup $ 39620 $ 39150 ($ 470)
Automobile $ 159903 $ 169849 $ 946
Fidelity $ 792 $ 601 ($ 191)
Open Meeting Law $ 743 $ 582 ($ 161)
Workers' Comp $ 67,767 $ 73,429 $ 5,662
Volunteers 'S 10161 S 14161 $ - 0 -
TOTAL LMCIT $1529013 $1569242 $ 4,229
Liquor Liability — Off Sale $ 99900 $ %315 ($ 585)
TOTAL COSTS $1619913 $1659557 $ 3,644
22
Liquor Off-Sale Quotes: (Combined Quote for SAV I & SAV II)
League of Minnesota Cities $ 99900.00
United States Liability Insurance $339000.00
23
T.C. FIELD COMPANY
Insurance and Bonds Since 1912
CITY OF ST. ANTHONY
Premium Breakdown and Comparison
and Renewal Binder
.� ba
COl/errar4ek �w �, h/ �: �" �t 20, a 20A` �' f ,I
`,; =� A'd,Y'-+.�T.M�A' 5 �"
1 Property* $16,632 $18,446
Inland Marine* 2,928 3,003
Equipment Breakdown_* 1,979 1,968 !
Municipal Liability* 40,488 37,053
Liquor Liability* 9,900 9,315
— i
No Fault Sewer Back-up* 3,620 3,150 j
Automobile* 15,903 16,849
j Crime* Included Included
Employee Dishonesty Bond* 792 601
Open Meeting Law 743 582 1
Workers Compensation _ 67,767 73,429
Volunteer Accident Plan 1,161 1,161 i
TOTAL ALL PREMIUMS 161,913
$10,000/50,000/1,000 All Lines Deductible, except
$2,500 Deductible for Equipment Breakdown coverage.
Approximate savings for large deductible: $22,920
OPTION: $1,000,000 Excess Liability - $18,166 Annual Premium
Renewal coverage is bound up to 60 days pending issuance of policies. Coverages
bound are based on L.M.C.I.T forms and practices in effect on renewal date.
NOTE: DO NOT PAY UNTIL YOU RECEIVE INVOICES!
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the
details of your coverages,terms, conditions and exclusions that apply.
530 North Robert Street • St. Paul,Minnesota 55101 . (651) 227-8405 Fax: (651) 227-0507
Mailing Address: P.O.Box 64016 ® St.Paul, Minnesota 55164
An Affirmative Action Employer
24
City of St. Anthony
Premium Comparison
Page 2
C'ouera e �+ ' � - T,- „. ..� - Q0:3•/_•� ;.4 20 4�,�2Q0:5
I
Proaerty*
Blanket Building, Contents,
Property in the Open and EDP $12,873,400 $16,083,600
Loss of Income, Extra Expense 5,000,000 5,000,000
Premium $16,632 $18,446
Inland Marine*
Scheduled Mobile Equipment $813,599 $737,725
Unscheduled Equipment - Any One Item
$25,000 in Value and Under - TIV Value 416,208 423,283
Premium $2,928 $3,003
Equipment Breakdown Coverage*
Property Damage - Per Accident $12,813,400 $14,613,600
Perishable Goods 100,000 100,000
Demolition and Increased Cost of Const 100,000 100,000
Expediting Expense 100,000 100,000
Pollutants 100,000 100,000
CFC Refrigerants 100,000 100,000
Ice Rink Buried Piping 50,000 50,000
Business Income and Extra Expense 5,000,000 5,000,000
Service Interruption 100,000 100,000
Premium $1,979 $1,968
Municipal Liability*
Operating Expenditures 4,415,600 3,988,600
Waterworks, Payroll 154,800 149,800
Waterworks, Per IMM Gallons 400,000,000 400,000,000
Streets, Miles 33 33
Recreation Center/Arenas, Sq Ft 65,000 65,000
Independent Contractors, Per$100 2,732,600 3,047,900
Lessors Risk shown as Special Event,Sq Ft 6,589 6,589
No Fault Sewer Back-up Included Included
Liquor Store - Off Sale - greater than 249,999 receipts 2 2
Liquor On/Off Sale - less than 249,999 receipts 1 1
Errors &Omissions Expenditures 9,513,600 8,561,500
Premium $44,108 $40,203
This comparison Is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the
details of your coverages, terms, conditions and exclusions that apply.
25
City of St. Anthony
Premium Comparison
Page 3
IN
"ei: X20.0 /°2.0,0`4 1ro2.00 ME
Automobile
Limit $1,000,000 $1,000,000
# of Units 41 40
Premium $15,903 $16,849
Crime*
Blanket Limit for Depository Forgery, Money and
Securities Loss Inside and Outside $100,000 $100,000
Premium Included Included
Public Employee Dishonesty Bond*
Limit $100,000 $100,000
Premium $792 $601
*10,000 Deductible Applies
Open Meeting Law
Reimbursable Costs
Defense Costs per Lawsuit per Official $50,000 $50,000
Agreement Term Aggregate per Official $50,000 $50,000
Premium $743 $582
Liquor Liability
Limit of Liability $1,000,000 $1,000,000
Estimated Annual Receipts 4,400,000 4,140,000
Premium $9,900 $9,315
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the
details of your coverages, terms, conditions and exclusions that apply.
26
City of St. Anthony
Premium Comparison
Page 4
a
Workers' Compensation
Street & Road #5506 338,100 _ 312,800
Waterworks #7520 144,900 - 172,100
j Radio or Television Broad,#7610 1 0 6,500
I Firefighters (Not Volunteer) #7716 j 448,200 _375,400
Police (non-smoking)#7721 834,300 1,215,900
Police Reserves (non smoking) #7723 0 - 75,200
j Off Sale Liquor Store #8017 459,600 274,600
City Shop &Yard #8227 I 45,600 42,800
Clerical #8810 395,400 _ 401,900
Clerical (Liquor Store).#8810 0 56,700
Buildings Operation by Owner, #9015 9,300 6400
-Skating Rink Operations, #9016 17,600 _ 0
On Sale Liquor Store #9084 325,000 0
Parks #9102 64,200 _ 110,748
Municipal Employees #9410 54,900 41,100
Elected/Appointed Officials #9411 25,900 23,400
Boards &Commissions #9411 28,000 29,800
Experience Modification .86 .85 !
Managed Care Credit I .97 __ _-_ .97-j
I
j Premium 67,767 _ _ 73,429
Total Payroll 3,191,000 3,145,348
i Volunteer Accident Plan
I Accidental Death Benefit Principal Sum $100,000 $100,000
Permanent Impairment Benefit Maximum Amt 100,000 100,000
! Weekly Disability 400 400
Medical Benefit 1,000 1,000
Total Limit 500,000 500,000
C Premium $1,161 _ $1,161
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the
details of your coverages,terms, conditions and exclusions that apply.
27
CITY OF ST. ANTHONY VILLAGE'
RESOLUTION 04-043
A RESOLUTION APPROVING SUBMITTAL OF THE 2004
HENNEPIN COUNTY MUNICPAL RECYCLING GRANT APPLICATION
WHEREAS, Hennepin County has made a portion of its Municipal Recycling Grant revenues
available to the City for its municipal source-separated recyclables program; and
WHEREAS, the City of St. Anthony has completed the required grant application; and
WHEREAS, the funds will be used for the City's source-separated recyclables program.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of St. Anthony
hereby approves the submittal of the 2004 Hennepin County Municipal Recycling Grant
application and entering into a contract for this program.
Adopted this day of 32004.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
2003 MUNICIPAL RECYCLING FINAL REPORT
2004 MUNICIPAL RECYCLING GRANT APPLICATION 28
Hennepin County Residential Recycling Program
January 1 — December 31, 2003
St. Anthony
Municipality
=P I •U0��XPE DI�U�RE-�S:; - R h.� 4' - -
,� "c +..gy L
A. Program Administration $
B. Recycling Promotional Activities $
C. Waste Reduction Promotional Activities $
D. Collection Curbside $
Drop-Off $
E. Curbside Collection Containers $ --�
Total Expenditures $ a,(�
Revenues from Sale of Recyclables $ ®b,
20D3 'AG-- .(�- 1? •6' •e •i; ram �e :here a �'
A.. Residential Source-Separated Collections Curbside Drop-Off Multi-Housing Total Tons
Mixed Fibers Newspaper ago,
g 7 0.11
_Corrugated Cardboard f1 G
Office Paper 5�
Mixed Paper/Junk Mail
Magazines L
Boxboard J C(Q
4
Phone Books �f
1 ,
Metal Alum.Can &Foil
Steel&Tin Cris
[]Commingled Cans l U
Scrap Metal K 1
Glass Food&Beverage
Other Glass
30o I 3�
Plastic ®PET
[]HDPE
A!Ccommingled Bottles
c
Other Vehicle Batteries
Recyclables Textiles
Carpet
Household Goods
Appliances t
Totally o i ed (One Sort)
Other
Other
Total Tons �. (�
B. Number(#) of Households (HH)with Curbside Recycling Service Available as of January 1,2004:
Single family (1-4 units) 29
Multi-family(5 units and above) +
Total households with curbside recycling service available
C. Methods Used to Determine Number of Households with Service Available (check all that apply):
Property Tax Records _%_ Utility Bill Records _% Building Permits Other(specify)
D. Average Pounds of Recyclables per Household (HH):
Avg. Ibs./HH = (Total Tons/Total#of HH)*2000 , TrI
P t fi P 12iTIC�IP IO: O:�T®B'E' b� mum-
Week Number Of HH With Curbside Number Of HH Setting Out Participation Rate
Recycling Service Available Recyclables
10/06-10/11 OV9 (U
10/13-10/18 M
10/20-10/25 �J �I O
i
10/27-11/01 [� Of
Totals ✓1'?�'� j g
o-RI T QE " E.
Please attach a brief description of your city's recycling and waste reduction program, including materials collected for
recyclin 1. Include information on promotional activities done in 2003 and planned in 2004. Note any major program changes
from previous years. -
x
A. Method City Uses to Fund its Portion of the Recycling Expenses:
General Fund: Yes % No Utility Bill: Yes No Monthly charge on resident's bill only: $
B. Curbside Collection Contractors: Organized Open Does Contractor
Ingle'?
1. BFI Yes Yes No
2' Larry's Sanitation Yes Yes No 7
3. Walt'ei� s Yes Yes No
4. Waste Management Yes Y No
5. Yes No
" Commingling is collecting different materials in one bag (e.g.collecting metal cans,glass and plastic in one container and all papers in the other).
C. Contract Dates/Term: berms are negotiated annually
D. Contractor's Recycling Collection CostlHH/Month: $ each is different
E. Collection Frequency: Weekly X Bi-weekly _ Twice Monthly _
F. Refuse and Recycling Collected Same Day: Yes X No
G. Contractors that Collect MSW at Municipal Owned Facilities: ,30
1• WAst:e Management
2.
H. MSW Disposal Facilities that are Being Used by Contractors Listed in Item G:
1. Recycle America
2.
I. Municipal Ordinance Requiring Recycling by:
Single Family Residents: Yes X No _ Mulit-family Residents: Yes _ No g Businesses: Yes _ No
-
Mayor or City Manager/Administr Date
a- �e- c .
Recycling Coordinator ate
FINAL REPORT AND GRANT APPLICATION DUE FEBRUARY 15, 2004
31
MEMORANDUM
DATE: 05/11/04 MEETING DATE: 05/18/04
TO: Chair Stromgren & Planning Commission Members
FROM: Susan M.H. Hall, Assistant City Manager
SUBJECT: 3201 32"d Avenue NE
Requested Action:
May 18, 2004 is the public hearing for three variances that John and Joan Lovelette are
requesting for the construction of a new home at 3201 32nd Avenue NE. The City
Council will review the requests at their May 25 meeting.
Background:
The petitioners plan to demolish an 80-year-old home currently on the property and build
a new, two-story 2,783 square foot home. The subject property measures 50 X 175.The
variances necessary to complete the project include a square footage variance as the
subject property's lot size is under the minimum lot size of 9,000 square feet, at 8,750
square feet. Therefore, the petitioner is requesting a 250 square foot variance for this
requirement. In addition, minimum lot width is 75 feet; the subject property's lot width is
50 feet. Therefore, the petitioner is requesting a 25-foot variance for this requirement.
A third variance being requested by the petitioners is for floor area ratio (FAR). The floor
area maximum is 30 percent of the lot, or 2625 square feet in this case. The proposed
home would exceed the floor area ratio requirement by 99 square feet with the lot
measuring 8750 square feet and the proposed floor area calculated by the City's
Building Official at 2724 square feet. (The plan shows 2752 square feet on the first and
second floors.) The variance to meet the City's FAR requirement would be in the
amount of 99 square feet. The basement level and garage square footages are
excluded from the FAR calculation.
The petitioners have submitted the attached survey, which depicts new home's footprint
on the lot. It appears to meet the required setbacks on all sides. In addition, the new
home appears to meet other code requirements, such as height.
As far as the square footage and lot width requirements, precedence for cases like this
has been the City Council has approved such requests because of the unique
circumstances and limitations surrounding the smaller lot size. The FAR requirement is
another issue. The reason for the requirement is to limit the mass of a structure. Last
year the City Council took the garage dimension out of the FAR calculation to make the
FAR not as stringent.
Attachments:
• Variance applications
• Survey
• Plan
32
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 04-045
A RESOLUTION APPROVING A VARIANCE
REQUEST FOR PROPERTY ADDRESSED AS 3201 —32ND AVENUE NE
WHEREAS, the property owner, John Lovelette, is requesting three variances:
1) Is a square footage variance, the property is only 8,750 square feet where our
ordinance requires a lot size of 9,000;
2) The current ordinance requires a minimum lot width of 75 feet and this particular
property is 50 feet in width;
3) The petitioner is also requesting a floor area ratio (FAR) variance. The floor area
maximum is 30 percent of the lot or 2625 square feet in this case. The proposed
FAR is 2724 square feet. The amount of this variance is 99 square feet.
WHEREAS, following the public hearing held by the Planning Commission on May 18, 2004,the
Planning Commission recommended Council approve said requests as the following
requirements for these variances were met by this request:
1) The property cannot be put to reasonable use without this variance. The existing
house is below standards of existing ordinance. The proposed home fits into the
neighborhood and is not obtrusive;
2) Condition pre-dates the owner and the owner, which creates a hardship, does not
create the size of the lot. The property cannot be put to use without the
variance;
3) This is needed to allow the building of the home,because of the extra narrow lot
it poses ordinary circumstances and only applicable to this property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the 1) the square footage variance, 2)the minimum lot width variance, and 3)the floor area
ratio, request submitted by John Lovelette for the property addressed as 3201-32nd Avenue NE, as
recommended by the St. Anthony Planning Commission.
Adopted this day of 52004.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
33
CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing
on Tuesday, May 18, 2004, at 7:00 p.m., or as soon thereafter as possible,in the
Council Chambers of the City Hall, 3301 Silver Lake Road, for the following
purpose:
Petitioner:John Lovelette
Subject Property: 320132 d Avenue
Requests for building new home (R-1 Single Family Zoning District):
(a) Lot square footage variance of 250 square feet for a proposed lot size
of 8750 square feet.
(b) Lot width variance of 25 feet for a proposed lot width of 50 feet.
(c) Floor area ratio variance of 99 square feet for a proposed 2724 square
feet on the first and second floors.
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the
Assistant City Manager at 612-789-8881. Auxiliary aids are available upon
request with at least 96 hours advanced notice. Please call the City Clerk at 612-
789-8881 to make arrangements.
Susan M.H. Hall
Assistant City Manager
Publish: St. Anthony Bulletin
Date: o`>t 34
Fee: (00•p°
R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: J o 4.N— C. oa- Wt. „eje-Ife Phone: to l Z- 7 g 1 -96 zo
Address: Z 910 t,J. j-r wLoca.r T2rra.e,c- 5'T, x...
Status of Applicant (Owner, Buyer, Lessee, etc.):
Legal Description of property proposed for variance:
Street Address: 3281 • 32 A-v, �/E S'T. A vE6� M AI sS f
Presently Zoned: s
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
L. Because of the particular physical surroundings, shape, or topographical conditions of
'the parcel or lot, the proposed variance. would relieve an undue'hardship, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced / !. s;ze of 5a�'�2 ��ope '�4� hiss�dns of So✓,h
�y 176' uac- �vo�'�e o� ��o�oerfy -ib s S,-7 so. -1=oot-!� iS
Z 5 0 's y La,--e- f-c-er f- s 1-to/--(- o4-' +-L e- 9, p o o s q u a-ee 7vo� r e y u�'rc e t -ta loe�! a b le
�-o Go�S uc.fi �e� o -F'l.x e.)CiS¢-icy dwe ((jv J o.t 4-Le �pro�► f�.
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district. woL- lQ g,110,w f 2-/0 p�,•�7y
l fS'('�.� D✓G W SO/6 1pt"'I'looSe /h )0"V1,d r' L `f� e fo por4c4.a.i `-1y o GonJ�t t a
+"-w-
3.
-F •/ 1�.
The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
/a IAA has only -mac, in �cresf of � zppl,'c�fl /�"s�c�Q
abWe- r J l��'c e_ mod 6n 7" r-Cex.
Signature of licant.
Date: 404101 35
Fee: [o0•pO
R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: Laie-(L-4-L— Phone:
Address: Z ei t o cd• 09. .E a�✓ �-c��u c.� S T.
Status of Applicant (Owner, Buyer, Lessee, etc.): DLD"
Legal Description of property proposed for variance:
Street Address: 3zol 3Z 9r k 4-ve OV. C. ST. A ;, . M,4J. TS41V
Presently Zoned:
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
1. Because of the particular physical surroundings, shape, or topographical conditions of
the-parcel or lot, the proposed variance. would relieve an undue*hardship, as .
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced. fi lj i cL. a s z �l zd FJ�e ss i 5 �O 'wide.. a r-
`��In �t'�^e ✓ -y�,l i✓LCD
-7S L,>i c(TL. I-%;-N;
�vl'{R.riO� l0 1 'b1 CJD�-S'�vc.aF�'� !i. v2-lJ C�-l�3t-l�i�S•
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or
zoning district V zr�tz^C-A- „` GOIn j
V air�2— C-2 l
o+ S y t iL✓ t�o{ a.I t ocJ b"H2Y'
40
l v .
3. The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
lo+ i's so le-lLt J�,f -4-1,o- `0 O-C
else-
-('or c—cI °4�-� ,r-e-aw w ,\e� k4 kAC vn ;+.
Signature of Apocant.
Date: 4�/4 0�- 36
Fee: ( e).O°
R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: � :16-a,,�e'o� love P le h
ne: to f z- 7$7-9 DZD
Address: ST, A—v-4 .o�+
Status of Applicant (Owner, Buyer, Lessee, etc.): OL,) r-�
Legal Description of property proposed for variance:
Street Address: 3 Z o 1 3 a.vi.c4.. 64y e, • C. ST. w yr1., al/!Af.
Presently Zoned: s cd-,-,+�-
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
1. Because of the particular physical surroundings, shape, or topographical conditions of
the parcel or lot, the proposed variance. would relieve an undue'hardshiA, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced. � .� l lv 15.05 �� -��°"`z� S,10,.3
`Pbor area- r-4 �r l olrs cam#' ! -}o to-e- 30 /• o I�ss �f
o-r o"}' `mil S a�& re S?7o S y . t. o-F o—ta, ok. L•e. 4 D u ids i
i s� .+ L►uQ door �-fy I Z7 8 3 s {+. K"a K'k.cti�K S� S �c!locoesQ vv�
y
Pros•-y woLAcl 6-• Z6ZS. `1` Loor U�et� on 61 c)-Q-'ririas� o^ propol.eA h.ow•e, ('Y 25 FiKiS�a
�FI, r Spa ces- 6aszk or. =Fi N�7 -� S5 - +0°� o ProPoscrt [1cYr.a.
2. Tre purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district. 7k.- ��P of +Le- yt_,r;d•� re.��.sf' �3i
eo -k e- po po s,-A "r.•,sL, floor Spate.
Ih j ar ,' n�Tt'" e� �- - e. 30 %• loo✓ ants Ilai3O tas.c.c-. oM Z
d:F•�.�.-e..Z .wnys. .k► caQc...�cN��- S9e.4^� 'rvrA j- Ou#sszL� A G ssz[c_
d-Ath.Scawi eit M dt S'4A•�A- 06 P.,V?dxd l A".st,/olet^.j off- a.&A..t:Q
3. The alleged difficulty or hardship is caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of.land.
i'n A,-e-s4- n �-i-c_ s c d pace/ et�
Signature of App ant.
04 -15 -04 *180o00CH
37
Variances. (1665.06)
Application. An owner of property with an existing structure which does not comply
with the Zoning. Code, or of property on which such a structure is proposed.to be
constructed, may apply for a-variance upon payment of the fee as specified in the
Zoning Ordinance.
Council Approval. Variances to the dimensional provisions of the Zoning Code may
be granted by the Council upon recommendation of the Planning Commission, after a
public hearing is held by the Planning Commission. Variances will not be granted
with respect to uses. A majority of affirmative votes by the Councilmembers present
is required to approve a variance request.
Evidence. No variance.will be granted unless the evidence presented by the petitioner
discloses all of the following facts:
(a) The subject matter of the application is within the scope of the Zoning
Ordinance subsection regarding variances.
(b) Strict enforcement of the ordinance would cause undue hardship
because: :
1:) The property cannot be.put to. a reasonable use without the
variance.
2.) The circumstances causing the hardship were not created by the
owner.
3.) The variance, if granted, will not alter the essential character of
the locality.
4.) Economic considerations alone are not the basis of the hardship.
(c) The circumstances.causing the hardship are unique to the individual
property under consideration.
(d) The granting of the variance is in keeping with the spirit and intent of
the Zoning Code.
Planning Commission Recommendation. The Planning Commission will consider the
application at a public hearing at any*regular or special meeting. Notice for the public
hearing will be given in accordance with Section 115 of the City Ordinance. The-Planning
Commission, sitting as the Board of Adjustments and Appeals, will make a recommendation
to the Council as follows:
(a) Recommend that the variance application can be granted because the
evidence considered at.the meeting supports each of the findings
3201
07C a-acCres S 4:5 7leGL a-6oV
� S r��e-h ��� urc�S-edl 6 �v�h C. �` .moan rvl. Lo✓����e.,
2-4' XZ- 2-'
o{,LJ���r W r �. l%�-�'1 "�I`��.'�U✓' �n/J�� D 7� •S7�u f-cf�
� a
t 1Y 0 X Z 1f
u.r os�.
TA
rove,
�0 -r u.c l� es O PI Pro/ '' ' a rtcQ �D ZUIR
,,,o— w/la, 25 a- �r a�—fsn�cy► �' l� /oUlc
w d
t✓.P-11
oc.ez . ti e eQ �v �� a- r�r �✓��-� o '�
W
0"AA 0- p OwlrL� room 04 Malik
�vwf�.s
74 e' an cC lw-4,e.
at't vn M
m4,n y ��- y-
/?.a k4cv- dLo vd
' Aat
�•� .e�c VI�0�1 n�.f `�`J
* �( 2422 Enterprise Drive
7R- PO®YrN E�� Mendota Heights. MN 55120 ��
LAND SURVEYORS • awL ENGINEERS (651) 681-1914 FAX:681-9488
engoneer-lng LAND PLANNERS• LANDSCAPE ARCHITECTS 625 Highway 10 N.E.
Bloine, MN 55434
(763) 783-1880 FAX:783-1883
Certificate of survey for: JOHN & JOAN LOVELETTE
House Address: 3201=32nd Avenue N.E.
North line of the South 175.00 feet of the
of the North half of the Northwest Quarter--1
of the Southeast Quarter. I N89 0 32'06"E
6'Wood Fence+ l 50.00 _4 Chain Link Fence
1017.1 1018.9
% I
% 2 % 1019.9
^- 1019.0
1021.4
AP ,
1019.8 _
O
1019.1 1ozo.a
m o % ' o
IIx
d o
O L L
0 7 Shad O I621. 1021.7 Oy m
o••kkk � x .c+•
Z C! 14.0 v O O o
m vi
° r ^ % 1 6111.5 ozo 9 �- o NOTE:
..L..a 7 r 1019.6 21.0 - 41
o\v0 7 X °5 1. Verify sanitary sewer
d- PROPOSED HOUSE n Invert elevation prior to 4.m 9'POURED BSMT. A
_!F,)8
H ,ozo. u 1020.0 FULL BASEMENT m excavation.
° ° V 1022.0
O W p C ro20.4
o a, m°�{LL x ,0 0.7 Lu 2• Parcel Is subject to
to u. °g a o °o„ ° all easements of record,
o 2 ate, If any.
m p �.�'�� 1 t\x p
t° W o y
GARAGE 1 15.0 �,°a 3. Existing house and
01 0°6\ ' Q. 1020.9 ° PORCH t°9) garage on parcel are to
02 0 10.00 x 20.0 of 1021.0X- - 2 of
° m be removed. (not
o^0 3 /e21.4 J w,f 102-1+ w°o t shown).
0
C^Z ,°'� N r7 M p
= in d z 4. Low area to be filled
L0 t52' "'°TPI° In a to Improve drainage.
y(n o DRIVEWAY °0 -
0 o
•L• Z yT� ug 24'Nh V) W tV
SRV 1021.8
- 1019.] 0 x_,
1020.
HYD
1018.7
O O
V) 17.8 ; 10
X 20.5 M
30'Street&Utility 1 �
�-Easement per Doc.
1 No. 2532619. -
4---------- � 50.00 ---------
South line of the North half of the __�� S89032'06°W
Northwest Quarter of the Southeast Quarter. O
M
32ND AVENUE N.E.
Area of Parcel: ±8750 sq. ft. HOUSE PLACEMENT PER OWNER
Area of Proposed House: 11983 sq. ft. PROPOSED BUILDING ELEVATIONS
000.o Denotes Emergency Overflow Lowest Floor Elevation:1013.25
x 000.o Denotes Existing Elevation Top of Foundation Elevation: 1022.0
Denotes Proposed Elevation Garage Slab Elevation: 1021.4 (at door)
Denotes Drainage Flow Direction NOTE Contractor must verify all house dimensions.
40
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 5, 2004
Meeting Date: May 25, 2004 Agenda Section: VI, A.
ITEM DESCRIPTION:
Charitable Gambling Ordinance
MANAGER'S REVIEW:
I have asked Jerry Gilligan, to prepare an amendment to our
charitable gambling ordinance based on the fact that our current
ordinance allows charitable gambling to on-sale municipals only.
With the closing of the Stonehouse, we no longer own an on-sale and
with Spectators located where the Stonehouse used to be, I felt it was
important to get the ordinance changed prior to the opening of the
restaurant.
I have scheduled the three readings for the ordinance for May 11th,
May 25th, and June 8th. I have also passed the ordinance onto some
of the Sports Boosters that I have been working with on the-charitable
gambling license for Spectators.
Jerry Gilligan of Dorsey Whitney will be present to discuss the issue
with the Council.
Recommendation:
Council Approval of Charitable Gambling Ordinance.
Michael Morrison
City Manager
® ® RSE '_ 41
DORSEY & WHITNEY LLP
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: May-19, 2004
RE: Authority of City to Regulate Charitable Gambling
At its meeting on May 11th the City Council gave first recording to an ordinance
amending Section 535.02 to permit charitable gambling to be conducted in restaurants in the
City holding an on-sale liquor license. At that meeting the Council had various questions
concerning the City's authority to regulate this activity.
Under Minnesota Statutes, Section 349.213, the City has the authority to adopt more
stringent regulation of lawful gambling than provided by Minnesota law, including the prohibition
of lawful gambling. The City may not require that an organization licensed by the Minnesota
Gambling Control Board obtain a license or permit from the City as a condition for it to conduct
charitable gambling in the City. However, before issuing a permit premises allowing lawful
gambling at a location in the City, Minnesota law requires the Board to notify the City Council
and the City Council must approve the issuance of the premises permit by resolution. .
The Minnesota Attorney General has opined that under this authority the City can
regulate the following with respect to lawful gambling in its jurisdiction:
A. Determine what kind of lawful gambling can take place;
B. Specify hours of operation;
C. Specify where it can and cannot occur;
D. Limit the number of sites where it will be allowed; and
E. Prohibit lawful gambling altogether.
While Minnesota law requires the approval of the City Council before the Gambling
Control Board can issue a premises permit for a licensed organization to conduct gambling in
the City, the statute does not offer any guidance with respect to reasons that the City Council
may disapprove an organization's application. If it wished to do so the City Council could
develop criteria on which to base its decision. However, this criteria should probably not limit
approval to only locally based organizations as the Minnesota Attorney General has opined that
a city limiting approval of lawful gambling to only locally based organizations may be a possible
violation of the equal protection clause of the Minnesota and United States Constitution.
While the City may not be able to adopt an ordinance which would limit charitable
gambling in the City to only locally based organizations, I believe that the City could include in
DORSEY&WHITNEY LLP
DORSEI 42
its ordinance on charitable gambling a provision that provides that charitable gambling is limited
to only one location in the City and that only one licensed organization is permitted to conduct
charitable gambling at that location. By doing so the City may be able to effectively retain
control of which licensed organizations conduct charitable gambling in the City. If in the future
the Council wishes to expand the number of locations where charitable gambling may be
conducted, it could then amend the ordinance.
As I previously advised you, the City may by ordinance require a licensed organization
conducting lawful gambling in the City to expend within the City's trade area all or a portion of its
expenditure for lawful purposes of its gross profits. The ordinance must define the City's trade
area and specify the percentage of lawful purposes expenditure to be expended within the trade
area. The City's trade area must include at a minimum each city contiguous to the City. Should
the City Council wish to require an organization to make all or a portion of its expenditures
within the City's trade area, set forth below is proposed new Section 535.03 of the City Code
which it could be included in the ordinance the City council is presently considering on
charitable gambling:
"Section 535.03. Expenditure by Licensed Organization Conducting Lawful Gambling.
Each licensed organization conducting lawful gambling within the City must expend_percent
of its lawful purpose expenditures on lawful purposes conducted or located within the trade area
of the City. The trade area of the City for this.purpose shall include the City and all cities
contiguous to the City. This section applies only to lawful purpose expenditures of gross profits
derived from lawful gambling conducted on a premises within the City. At the end of each
licensed organization's fiscal year, each organization must file with the City a report prepared by
an independent certified public accountant documenting compliance with the requirements of
this section."
2
DORSEY&WHITNEY LLP
43
CITY OF ST. ANTHONY
ORDINANCE 04-002
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE.ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful or
otherwise, shall be conducted or allowed within the City except for: (1) lawful gambling
conducted in accordance and compliance with Minn. Stat. § 349.166, and(2) lawful
gambling conducted by a properly licensed organization in accordance with State law in
an establishment holding an On-Sale Intoxicating Liquor License under Chapter 10 of
this Code.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading: May 25, 2004
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 5, 2004
Meeting Date: May 25, 2004 Agenda Section: VI, A.
ITEM DESCRIPTION:
Charitable Gambling Ordinance
MANAGER'S REVIEW:
I have asked Jerry Gilligan, to prepare an amendment to our
charitable gambling ordinance based on the fact that our current
ordinance allows charitable gambling to on-sale municipals only.
With the closing of the Stonehouse, we no longer own an on-sale and
with Spectators located where the Stonehouse used to be, I felt it was
important to get the ordinance changed prior to the opening of the
restaurant.
have scheduled the three readings for the ordinance for May 11 th,
May 25th, and June 8t'. I have also passed the ordinance onto some
of the Sports Boosters that I have been working with on the charitable
gambling license for Spectators.
Jerry Gilligan of Dorsey Whitney will be present to discuss the issue
with the Council.
Recommendation:
Council Approval of Charitable Gambling Ordinance.
n
Michael Mornson
City Manager
CITY OF ST. ANTHONY
ORDINANCE 04-002
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling,whether lawful or
otherwise, shall be conducted or allowed within the City except for: (1) lawful gambling
conducted in accordance and compliance with Minn. Stat. § 349.166, and (2) lawful
gambling conducted by a properly licensed organization in accordance with State law in
an establishment holding an On-Sale Intoxicating Liquor License under Chapter 10 of
this Code.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading: May 25, 2004
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
CITY OF ST. ANTHONY
ORDINANCE 04-002
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful
or otherwise, shall be conducted or allowed within the City except for: (1) lawful
gambling conducted in accordance and compliance with Minn. Stat. § 349.166, and (2)
lawful gambling conducted by a properly licensed organization in accordance with State
law in an establishment
holding an On-Sale Intoxicating Liquor License under Chanter 10 of this Code.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading: May 25, 2004
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
00RSEY
DORSEY & WHITNEY LLP
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: May 19, 2004
RE: Authority of City to Regulate Charitable Gambling
At its meeting on May 11'h the City Council gave first recording to an ordinance
amending Section 535.02 to permit charitable gambling to be conducted in restaurants in the
City holding an on-sale liquor license. At that meeting the Council had various questions
concerning the City's authority to regulate this activity.
Under Minnesota Statutes, Section 349.213, the City has the authority to adopt more
stringent regulation of lawful gambling than provided by Minnesota law, including the prohibition
of lawful gambling. The City may not require that an organization licensed by the Minnesota
Gambling Control Board obtain a license or permit from the City as a condition for it to conduct
charitable gambling in the City. However, before issuing a permit premises allowing lawful
gambling at a location in the City, Minnesota law requires the Board to notify the City Council
and the City Council must approve the issuance of the premises permit by resolution.
The Minnesota Attorney General has opined that under this authority the City can
regulate the following with respect to lawful gambling in its jurisdiction:
A. Determine what kind of lawful gambling can take place;
B. Specify hours of operation;
C. Specify where it can and cannot occur;
D. Limit the number of sites where it will be allowed; and
E. Prohibit lawful gambling altogether.
While Minnesota law requires the approval of the City Council before the Gambling
Control Board can issue a premises permit for a licensed organization to conduct gambling in
the City, the statute does not offer any guidance with respect to reasons that the City Council
may disapprove an organization's application. If it wished to do so the City Council could
develop criteria on which to base its decision. However, this criteria should probably not limit
approval to only locally based organizations as the Minnesota Attorney General has opined that
a city limiting approval of lawful gambling to only locally based organizations may be a possible
violation of the equal protection clause of the Minnesota and United States Constitution.
While the City may not be able to adopt an ordinance which would limit charitable
gambling in the City to only locally based organizations, I believe that the City could include in
DORSEY&WHITNEY LLP
IDORSEY
its ordinance on charitable gambling a provision that provides that charitable gambling is limited
to only one location in the City and that only one licensed organization is permitted to conduct
charitable gambling at that location. By doing so the City may be able to effectively retain
control of which licensed organizations conduct charitable gambling in the City. If in the future
the Council wishes to expand the number of locations where charitable gambling may be
conducted, it could then amend the ordinance.
As I previously advised you, the City may by ordinance require a licensed organization
conducting lawful gambling in the City to expend within the City's trade area all or a portion of its
expenditure for lawful purposes of its gross profits. The ordinance must define the City's trade
area and specify the percentage of lawful purposes expenditure to be expended within the trade
area. The City's trade area must include at a minimum each city contiguous to the City. Should
the City Council wish to require an organization to make all or a portion of its expenditures
within the City's trade area, set forth below is proposed new Section 535.03 of the City Code
which it could be included in the ordinance the City council is presently considering on
charitable gambling:
"Section 535.03. Expenditure by Licensed Organization Conducting Lawful Gambling.
Each licensed organization conducting lawful gambling within the City must expend _percent
of its lawful purpose expenditures on lawful purposes conducted or located within the trade area
of the City. The trade area of the City for this purpose shall include the City and all cities
contiguous to the City. This section applies only to lawful purpose expenditures of gross profits
derived from lawful gambling conducted on a premises within the City. At the end of each
licensed organization's fiscal year, each organization must file with the City a report prepared by
an independent certified public accountant documenting compliance with the requirements of
this section."
2
DORSCY&`PFITNEY LLP
.) OORSE.Y
DORSEY & WHITNEY LLP
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: May 5, 2004
RE: Amendment of Section 535 of City Code to Permit Charitable Gambling in
Restaurants Holding Liquor License
In order to permit charitable gambling in restaurants holding on-sale liquor licenses it will
be necessary for the City Council to amend Section 535.02 of the City Code. Presently the
section limits licensed charitable gambling to municipal on-sale liquor establishments. I have
prepared an ordinance amending Section 535.02 to permit charitable gambling in
establishments holding an on-sale liquor license.
Under Minnesota Statutes, Section 349.213, the City has the authority to by ordinance
require that an organization conducting licensed charitable gambling expend all or a portion of
its lawful expenditure from gross profits derived from the charitable gambling conducted in the
City within the City's trade area. The ordinance must define the City's trade area. This statute
requires that the trade area must include each city which is contiguous to the City. The Council
may wish to consider imposing this requirement on licensed charitable gambling, but it may be
of limited value in ensuring the profits from licensed charitable gambling are expended in a
manner that benefits the City and its residents, because of the requirement that the trade area
must at a minimum include all cities contiguous to the City.
DORSEY&WHITNEY LLP
44
CITY OF ST. ANTHONY
ORDINANCE 04-002
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful
or otherwise, shall be conducted or allowed within the City except for: (1) lawful
gambling conducted in accordance and compliance with Minn. Stat. § 349.166, and (2)
lawful gambling conducted by a properly licensed organization in accordance with State
law in faun"ipa liquor-dispensaiies F the on sale of int,. acing " -an establishment
holding an On-Sale Intoxicating Liquor License under Chanter 10 of this Code.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading: May 25, 2004
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
45
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 13,2004
Meeting Date: May 25, 2004 Agenda Section: VI, B.
ITEM DESCRIPTION:
Peddlers, Solicitors, and Transient Merchant Ordinance
MANAGER'S REVIEW:
It was brought to our attention that we are completing computerized
criminal checks on Peddlers, Solicitors, and Transient Merchants
without the proper language in our City Ordinance.
The changes that are highlighted were reviewed by the Police
Department and are recommended for amend, which then gives.the
City the authority to conduct criminal checks on Peddlers and
Solicitors.
Recommendation:
Council Approval of Peddlers, Solicitors and Transient Merchants
Ordinance.
Michael Mornson
!"U
City Manager
46
MEMO
DATE: May 6, 2004
TO: Michael Morrison, City Manager
FROM: Capt. Ohl
SUBJECT: Criminal Checks on Peddlers, Solicitors, and Transient Merchants
It has come to my attention that we are completing BCA Computerized Criminal Checks
on peddlers, solicitors, and transient merchants without the proper language in our
Ordinance number 1130.
The Bureau of Criminal Apprehension specifically states that:
9 We must have an ordinance that expressly, or by implication, authorizes the use
of CCH records for the screening of an applicant,
• The ordinance must require the signed consent of the applicant,
• The ordinance must include the grounds and reasons in determining denial,
• The ordinance must require notification to the applicant of the reason for the
denial.
I would suggest the following language be added to Section 1130 of our City Ordinance:
Investigation and issuance
a) Upon receipt of each application, it shall be referred to the Chief of Police
who shall immediately institute such investigation of the applicant's
business and moral character as he/she deems necessary including, but not
limited to, a criminal history and a wanted person's check with the Bureau
of Criminal Apprehension for the protection of the public good. Each
applicant and agent of the applicant must sign an "Informed Consent"
acknowledging the reason for which the criminal background is being
completed.
b) If as a result of such investigation, the applicant's business and moral
character are found to be unsatisfactory, the Chief of Police shall endorse
47
on such applicant his/her disapproval and his/her reasons for the same, and
return the application to the city clerk, who shall notify the applicant that
his/her application is disapproved and that no permit shall be issued. Any
applicant's business and moral character may be found to be
unsatisfactory for reasons including, but not solely limited to:
1. Fraud, misrepresentation, or incorrect statement contained
in the application for permit.
2. Past fraud, misrepresentation, or incorrect statement made
in the course of carrying on business as a solicitor,
canvasser, peddler, transient merchant, itinerant merchant
or itinerant vendor.
3. Past conviction of any crime or misdemeanor involving
fraud, theft or moral turpitude.
4. Conducting the business of a peddler, solicitor,transient
merchant, itinerant merchant or itinerant vendor, as the case
may have been, in an unlawful manner or in such a manner
as to constitute a breach of peace or to constitute a menace
to health, safety or general welfare of the public.
c) If as a result of such investigation, the business and moral character of the
applicant are found to be satisfactory, the Chief of Police shall endorse on
the application his/her approval and return the application to the city clerk,
who shall delivery the permit to the applicant. Each peddler, solicitor, or
transient merchant must secure a personal permit. Each person issued a
permit must carry it on his/her person while conducting or engaging in any
activities regulated hereunder. No permit shall be used at any time by any
person other than the one to whom it is issued.
I believe that by adding the aforementioned verbiage to the city ordinances, we would be
able to continue to lawfully check the backgrounds of individuals wishing to solicit
within our corporate city limits.
For ease of addition to our ordinances, this addition could be put into the ordinance under
1130.12.
While waiting for the adoption of this addition to our ordinance, I would suggest that we
have individual applicants sign release forms indicating that we will, in fact, as a part of
their application process, complete criminal history checks with the Bureau of Criminal
Apprehension to assess the public safety risks associated with allowing a particular
applicant to solicit within our corporate city limits.
48
Section 1130—PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
1130.01 Definitions. For purpose of this Section, the terms defined in this Subsection
have the following meanings:
Subd.1. "Peddler" means a person who goes from house to house, from place to
place, or from store to store conveying or transporting goods, wares or
merchandise or offering or exposing the same for sale or making sales and
delivering articles to purchasers.
Subd. 2. "Solicitor" means a person who goes from house to house, from place to
place, or from street to street soliciting or taking or attempting to take orders for
sale of goods, wares, merchandise or personal services for future delivery or
performance.
Subd. 3. `Transient Merchant" means a person who engages in any temporary and
transient business selling goods, wares and merchandise from a building,
structure, vacant lot, vehicle or trailer in a zoning district where it is allowed by
this Code.
1130.02 Registration Required. No peddler, solicitor or transient merchant shall sell or
offer for sale any goods, wares, or merchandise within the City unless registered as
provided in this Section. The nonrefundable registration fee is set forth in Section 615.
Any peddler, solicitor or transient merchant dealing with merchandise to be delivered to
customers in Minnesota directly from points outside of Minnesota is exempt from
payment of the registration fee. Any person soliciting money, donations or financial
assistance for a religious or charitable organization or selling merchandise for a fee on
behalf of such an organization is exempt from payment of the fee, but is required to
register with the City.
1130.03 Conditions for Registration. Registration with the City Clerk must occur at least
five days prior to the date when the activity is to commence. Persons registering must
file with the City Clerk an accurate sworn registration statement on a form furnished by
the City Clerk, giving the following information:
(a) Name and physical description of the applicant.
(b) Complete home and local address of the applicant and,in the case
of transient merchants, the local address from which proposed
sales would be made.
(c) A brief description of the nature of the business and the product or
services involved.
(d) If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
49
(e) The dates and hours of the day during which the activity will be
carried on.
(f) The source of supply of any goods or property proposed to be sold
or orders taken for the sale thereof, where such goods or products
are located at the time registration is filed and the proposed method
of delivery.
(g) A statement as to whether or not the registrant has been convicted
of any crime, misdemeanor or violation of any municipal
ordinance of any municipality other than traffic violations, the
nature of the offense and punishment or penalty assessed.
(h) The last municipalities, not to exceed five, where the applicant
carried on business immediately proceeding the date of the
application and the address from which such business was
conducted in those municipalities.
(i) Written statement of permission from fee owner of property where
transient sales are to be held.
1130.04 Exemptions. This Section does not apply to persons engaged in the following
activities:
(a) Selling personal property at wholesale to dealers in such property.
(b) Selling solely literature.
(c) Selling products of the farm or garden on the property on which
the products are grown and cultivated. A person claiming this
exemption must submit a written affidavit indicating that the
products be sold were grown in property where the sales are
occurring.
(d) Calling upon householders in connection with a regular route
service for the sale and delivery of perishable daily necessities of
life such as bakery products and dairy products.
(e) Calling upon households at the request of the householders.
1130.05 Proof of Registration. Upon receipt of a complete registration, the Clerk will
transmit the same to the Chief of Police for approval. Every registration must bear the
written approval of the Chief of Police to be valid. Within five days after such
registration, the City Clerk will provide the registrant with a written certificate showing
proof of registration.
50
1130.06 Registration Not Transferable. No registration is transferable from one
individual to another. Each individual must be separately registered where more than one
individual is involved in the same type of activity even though associated with the same
organization.
1130.07 Practices Prohibited. No peddler, solicitor or transient merchant is permitted to
call attention to the business or merchandise by crying out, blowing a horn, ringing a bell,
or by any loud or unusual noise. No peddler, solicitor, or transient merchant is permitted
to harass, intimidate, abuse, or threaten a person or continue to offer merchandise for sale
to any person after being told not to do so by that person.
1130.08 Duration of Registration. Each registration will be valid for the period specified,
and no registration may extend beyond the 31S`day of the December of the year in which
it is granted.
1130.09 Exclusion. Any person who wishes to exclude peddlers, solicitors or transient
merchants from his or her premises may place upon or near the usual entrance to the
premises a printed placard or sign bearing the following notice:
"Peddlers and Solicitors Prohibited"
Such placard must be at least 3 3/a inches long and 3 3/a inches wide and the printing must
not be smaller that 48 point type. No peddler, solicitor or transient merchant may enter in
or upon any premises or attempt to enter in or upon any premises where such placard or
sign is placed.
1130.10 Revocation. Any registration maybe temporarily suspended by the City
Manager or revoke by the Council for a violation of any provision of this Section. Before
any temporary suspension or revocation occurs, the registrant will be notified of the
violation and will have the opportunity to respond to it.
1130.11 Compliance with Zoning. Transient merchants must comply with all applicable
provisions of the City's Zoning Code.
1130.12 Investigation and Issuance.
(a) Upon receipt of each application, it shall be referred to the Chief of Police
who shall immediately institute such investigation of the applicant's
business and moral character, as he/she deems necessary including, but not
limited to, a criminal history and a wanted person's check with the Bureau
of Criminal Apprehension for the protection of the public good. Each
applicant and agent of the applicant must sign an "Informed Consent"
acknowledging the reason for which the criminal background is being
completed.
51
(b) If as a result of such investigation, the applicant's business and moral
character are found to be unsatisfactory, the Chief of Police shall endorse
on such applicant his/her disapproval and his/her reasons for the same, and
return the application to the City Clerk, who shall notify the applicant that
his/her application is disapproved and that no permit shall be issued. Any
applicant's business and moral character may be found to be unsatisfactory
for reasons including, but not solely limited to:
a. Fraud, misrepresentation, or incorrect statement contained in the
application for permit.
b. Past fraud, misrepresentation, or incorrect statement made in the
course of carrying on business as a solicitor, canvasser, peddler,
transient merchant, itinerant merchant or itinerant vendor.
c. Past conviction of any crime or misdemeanor involving fraud, theft
or moral turpitude.
I Conducting.the business of a peddler, solicitor, transient merchant,
itinerant merchant or itinerant vendor, as the case may have been, in
an unlawful manner or in such a manner as to constitute a breach of
peace or to constitute a menace to health, safety or general welfare
of the public.
(c)If as a result of such investigation, the business and moral character of the
applicant are found to be satisfactory, the Chief of Police shall endorse on
the application his/her approval and return the application to the City
Clerk, who shall delivery the permit to the applicant. Each peddler,
solicitor, or transient merchant must secure a personal permit. Each person
issued a permit must carry it on his/her person while conducting or
engaging in any activities regulated hereunder. Any person other than the
one to whom it is issued shall use no permit at any time.
52
REQUEST FOR COUNCIL CONSIDERATION
offla t hon Report Date: May 18, 2004 e
Meeting Date: May 25, 2004 Agenda Section:VI, C
ITEM DESCRIPTION:
Police Department Contract — 2004
MANAGER'S REVIEW:
We have reached an agreement the Police Union. I have provided an
overview of the crucial points:
- The duration of this contract is one year. It will expire
December 31,2004. This is a change from previous years as well as
the two other bargaining units.
- The Police Officers will have a 3% increase starting July 1 , 2004,
which equals a 1 .5% increase. This is the increase that other two
unions settled for.
- The City's portion of Health Insurance will increase $30.00 for family
coverage. This will be retro to January 1, 2004. Also, what the other
two unions settled for.
- Personal leave will be capped at 1 ,200 hours for new hires,
effective January 1 , 2004. Same as the other two unions. The union
approved the contract on May 14, 2004.
RECOMMENDATION:
Council approval of Resolution 04-044; Police 2004 Contract.
Michael Mornson
Pty Manager
53
CITY OF ST. ANTHONY
AGREEMENT WITH LAW ENFORCEMENT
LABOR SERVICES, INC.
ST. ANTHONY POLICE DEPARTMENT
January 1 , 2004 - December 31 , 2004
54
TABLE OF CONTENTS
INTRODUCTION ....................................................... 1
ARTICLE I RECOGNITION.......................................................... 1
ARTICLE II UNION SECURITY.................................................... 1
ARTICLE III SENIORITY................................................................2
ARTICLEIV LAYOFF.....................................................................2
ARTICLE V RECALL..................
ARTICLE VI DISCIPLINE AND DISCHARGE ................................2
ARTICLE VII PROMOTIONS ..........................................................2
ARTICLE VIII PERSONAL LEAVE WITH PAY ................................3
ARTICLE IX FUNERAL LEAVE......................................................4
ARTICLE X LEAVE OF ABSENCE ...............................................4
ARTICLE XI HOLIDAYS.................................................................5
ARTICLE XII HOURS OF WORK, WORK SCHEDULES................5
ARTICLE XIII OVERTIME ................................................................5
ARTICLE XIV UNION VISITATIONS AND NOTICES ......................6
ARTICLE XV UNION BUSINESS ....................................................6
ARTICLE XVI HEALTH AND LIFE INSURANCE..............................6
ARTICLE XVII WAGES .....................................................................6
ARTICLE XVIII LONGEVITY ..............................................................7
ARTICLE XIX SCHOOLS AND TRAINING SESSIONS ...................7
ARTICLE XX P.-O.S.T. BOARD REQUIREMENTS .........................7
ARTICLE XXI GRIEVANCE PROCEDURE......................................8
ARTICLE XXII RIGHT OF SUB-CONTRACT ....................................9
ARTICLE XXIII CLOTHING ALLOWANCE.........................................9
ARTICLE XXIV EMPLOYER AUTHORITY.........................................9
ARTICLE XXV SAVINGS CLAUSE.................................................. 10
ARTICLE XXVI DURATION .............................................................. 10
55
AGREEMENT BETWEEN CITY OF ST. ANTHONY AND
LAW ENFORCEMENT LABOR SERVICES
REPRESENTING ST. ANTHONY POLICE
DEPARTMENT LICENSED EMPLOYEES
INTRODUCTION
This AGREEMENT is hereby made and entered into between Law Enforcement Labor Services,
Inc., hereinafter referred to as the UNION and the City of St. Anthony, a municipal corporation,
hereinafter referred to as the EMPLOYER. The intent and purpose of this AGREEMENT is to:
1. Establish certain hours, wages and conditions of employment;
2. Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application;
3. Specify the full and complete understanding of the parties; and
4. Place in written form the parties' AGREEMENT upon terms and conditions of
employment for the duration of the AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the
highest quality of public service.
ARTICLE I RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative in matters involving
conditions of employment of all essential employees of the City of St. Anthony, Minnesota, who
are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory
and confidential employees.
ARTICLE II UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER shall:
1. Deduct the first pay day of each month an amount sufficient to provide the payment
of such dues or fair share established by the UNION to be due and payable, and
2. Remit such deduction to the UNION at the earliest practicable date after collection.
3. The UNION may designate certain employees from the bargaining unit to act as
Stewards and shall inform the EMPLOYER in writing of such choice.
4. The UNION agrees to indemnify and hold the EMPLOYER harmless against any
and all claims, suits, orders or judgments brought or issued against the EMPLOYER
as a result of any action taken or not taken under the provisions of this Article.
56
Page _
ARTICLE III SENIORITY
New employees shall be on a one (1) year probationary period. Annually, the EMPLOYER shall
furnish to the UNION a seniority list of the employees showing their respective dates of hire.
There shall be one (1) master seniority list per classification established based on the employees
original date of hire.
Senior qualified Employees shall be given preference in bidding for shifts, within job
classifications. All Employees covered by this AGREEMENT are eligible to bid for shifts by
seniority, except those Employees with less than one (1) year continuous service in the Saint
Anthony Police Department at the time of such bidding, or which are herein expressly exempted.
Except as otherwise provided in the Contract, the EMPLOYER will not assign an Employee to
work a shift other than the one assigned through the bid process, for the duration of the bid
process, unless the EMPLOYER gives the Employee 24 hours notice. If a 24 hour notice is not
provided, the EMPLOYER shall pay overtime.
Bidding shall commence not less than thirty (30) days prior to the commencement of the work
schedule being bid, and bidding shall be open until twenty(20)days prior to the commencement
of the work schedule being bid.
ARTICLE IV LAYOFF
In the event it becomes necessary to lay off employees for any reason, employees within one
classification shall be laid off in the inverse order of their seniority.
ARTICLE V RECALL
Employees shall be recalled from layoff according to their seniority in their classification. No new
employees shall be hired until all employees on layoff status desiring to return to work have been
recalled. The employee's option to return to work shall be limited to three (3) years after first
notice of recall, subject to EMPLOYER'S determination of competence.
ARTICLE VI DISCIPLINE AND DISCHARGE
Discipline shall be for just cause and in one or more of the following forms: oral reprimand,written
reprimand, suspension, demotion, and termination.
ARTICLE VII PROMOTIONS
Promotions are solely at the discretion of the EMPLOYER, subject to the following:
1. There shall be a posting of a job vacancy in the unit for at least ten (10)days before
the official closing of applications.
57
PagE
2. The City shall require such written, oral, performance, psychological and other.
examinations or evaluations as deemed necessary to fill the position. The date(s)
of such examination and their respective weight in determining selection shall be
communicated to all candidates before the first examination.
3. A written notification of promotion and salary shall be given to the person selected.
ARTICLE VIII PERSONAL LEAVE WITH PAY
1. Amount allowed. Full time employees shall earn personal leave according to the following
schedule:
Hours Accrued Per Year
0 - 5 years 176 hours
5 - 14 years 216 hours
15+ years 256 hours
Employees using earned personal leave shall be considered to be working for the purpose
of accumulating additional personal leave.
2. Usage. Personal leave may be used as earned, subject to approval by the Department
Head and City Manager of the time at which it may be taken.
In order to allow coordination of personal leave with family and medical leave, employees
seeking to take personal leave may be required to provide enough information about the
purpose of the time off to allow a determination of whether the time will also qualify for
family and medical leave. If the personal leave also qualifies for family and medical leave,
the employee must take both leaves simultaneously.
3. Terminal Leave. Any employee leaving the municipal service in good standing after giving
proper notice of such termination of employment, will be compensated for personal leave
accrued and unused to the date of separation according to the schedule set forth in
Section #7.
4. Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave
for the purpose of receiving double compensation.
5. Procedure. To be eligible for personal leave with pay, an employee shall report as soon as
possible to his or her Department Head the need to take personal leave and its estimated
duration.
6. Workers= Compensation. Employees are covered by the workers= compensation laws of
the State. In the event an employee is disabled and is entitled to workers=compensation,
the employee will keep any workers= compensation payments received and be eligible to
receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits.
In addition, the employee will be entitled to earn 1/3 of the amount of the personal leave
55
Page .
pay they would otherwise be entitled to during an absence from their employment.
Employees receiving such workers= compensation will be considered working for the
purpose of accumulating additional personal leave benefits.
7. Unused Personal Leave Pay. An unused personal leave pay policy is established subject
to the following rules and regulations:
(a) The employee must be in good standing and give proper notice of termination in the
case of resignation.
(b) Qualifying employees shall receive their accumulated personal leave up to a
maximum as listed in the following schedule:
Maximum Payment
0 - 3 years of service 2 of personal leave accrued
3+ years 480.0 hours
4 + years 528.0 hours
5 + years 600.0 hours
8. Donation of Personal Leave to Employees with Serious Medical Problems Employees
may voluntarily donate personal leave time in hour increments which can be converted to
use by employees facing serious medical problems or extended time off due to serious
medical problems and who have no accumulated personal leave time or compensatory
time available. The use of this donated personal leave must be approved by the
Department Head and the City Manager and will be converted to the receiving employee=s
paid hourly rate.
This does not include temporary or seasonal positions or unionized employees who have a
sick pool that is already established.
9. Maximum personal leave is 1,200 hours for all employees hired after January 1, 2004.
ARTICLE IX FUNERAL LEAVE
In the event of the death of any employee's spouse, children, or parents or spouse's parents,the
employee will be granted,three (3) days of funeral leave with pay. In the event of the death of an
employee's or his spouse's grandparents, brothers and sisters, an employee will be granted one
(1) day's funeral leave with pay.
ARTICLE X LEAVE OF ABSENCE
Employees subpoenaed as witnesses, or called and selected for jury duty shall receive their
regular compensation less jury pay. Mileage allowance will not be considered as jury pay.
59
Page ;
Whenever any employee is delegated to attend conventions of labor which require his absence
from work, the EMPLOYER agrees that such absence shall be allowed, provided there is not
substantial work interference, and the EMPLOYER is able to make satisfactory arrangements.
ARTICLE XI HOLIDAYS
All Employees shall observe the following twelve (12) paid holidays each year, plus an additional
eight (8) hours of holiday pay.
New Years Day Labor Day
Martin Luther King Day Columbus Day
Presidents Day Veterans Day
Good Friday Thanksgiving Day
Memorial Day Friday following Thanksgiving Day
Independence Day Christmas Day
ARTICLE XII HOURS OF WORK, WORK SCHEDULES
A normal work day for full time employees may be up to twelve (12) hours. The normal work week
for full time Employees shall be an averaged forty (40) hours. EMPLOYEES, when ordered to
work overtime, shall work no longer than a 16 hour shift. The Chief of Police has authority to
establish shifts.
The average work month for Employees for the purpose of computing personal leave and
fractions of a month's work shall be one hundred seventy-three (173)hours.All Employees will be
allowed two work relief periods a shift not to exceed fifteen (15) minutes each.
ARTICLE XIII OVERTIME
Overtime is defined as all hours worked in excess of the scheduled shift.
Overtime for all Employees shall be paid as it is earned at the rate of time and one-half (1 Y2).
Officers called in for SWAT shall receive a minimum of 2 hours of pay at time and one-half(1 Y2).
With the mutual agreement of the EMPLOYER and the Employee, overtime shall be
compensated at the rate of time and one-half (12) compensatory time off.
Overtime shall be divided on a seniority basis, as equally as possible among all Employees on the
seniority list.
Officers called in for court appearance while off duty will receive a minimum of three(3)hours pay
at time and one-half(12). Officers required to be "on call"for a court appearance during time off
will receive a maximum of two (2) hours pay at time and one half (12).
60
Page 6
ARTICLE XIV UNION VISITATIONS AND NOTICES
A duly authorized representative of the UNION will be permitted to visit the premises of the
EMPLOYER at reasonable times for the purpose of transacting legitimate business of the UNION,
provided there will be no undue and unreasonable interference with the operation of the
department. The UNION shall be allowed to post reasonable and appropriate UNION notices for
employees at a convenient place designated by the EMPLOYER.
ARTICLE XV UNION BUSINESS
One (1) Employee at a time shall be granted leave without pay to attend to UNION business not to
exceed a total of ten work days per calendar year. The EMPLOYER shall attempt, if possible, to
arrange the employee's work schedule so that the employee will not lose pay.
ARTICLE XVI HEALTH AND LIFE INSURANCE
The EMPLOYER will contribute Five Hundred Ninety Dollars ($590.00) per month for 2004
towards the total cost of the Employee's health and life insurance and any dependent's health
insurance costs. By mutual agreement employees may use up to Fifteen Dollars ($15.00) of
health insurance for dental insurance.
If the total cost of the insurance is less than the City contribution, then the City will refund the
difference in a one-time, taxable payment on January 30th for the previous year.
All additional longevity pay in lieu of insurance benefit is hereby terminated. Employees
separating during the year will receive paid refund on a pro-rata basis. (The provisions of this
paragraph will not apply to any employee hired after December 31, 1988. Employees hired after
that date will not be entitled to such payment in lieu of insurance coverage or pro-rate refunds.)
ARTICLE XVII WAGES
July 1, 2004
A. Top Scale Wages 2004/Mo.
Police Officer $4,557.85
B. Wage Step System (for hirees after January 1, 1982)
Police Officer
Start 75% of Top Scale
After one (1) year 85% of Top Scale
After two (2) years 95% of Top Scale
After three (3) years 100% (Top Scale)
61
Page 7
C. Field Training Officers will receive one (1) hour of compensatory time for everyday
of training, which includes use of force and firearms instruction.
D. Pay Days. Employees will be paid every two weeks on the alternate Fridays. When
a holiday falls on a Friday pay day, employees will receive their paychecks on the
preceding Thursday. When two-day holidays fall on the Friday pay day and the
Thursday preceding the Friday pay day, employees will receive their pay checks on
the preceding Wednesday.
E. Shift Differential.
1. Sergeant. Employees classified or assigned as Sergeant shall receive
$300.00 per month in addition to regular Patrol wages in 2004.
2. Investigator. Employees classified or assigned as Investigator shall receive
$150.00 per month in addition to regular Patrol wages in 2004.
ARTICLE XVIII LONGEVITY
Employees with the required service credit shall receive longevity pay according to the following:
Five (5) years but less than ten (10) $100/month
Ten (10) years but less than fifteen (15) $150/month
Fifteen (15) years or more $200/month
ARTICLE XIX SCHOOLS AND TRAINING SESSIONS
All employees shall be required to attend such schools or training sessions as may be required by
EMPLOYER. Compensation for such attendance is considered included in the approved salary
schedule unless EMPLOYER is reimbursed from an outside source.
ARTICLE XX P.O.S.T. BOARD REQUIREMENTS
The EMPLOYER will contribute 100%of the cost of any necessary license fee and application for
such license under the Peace Officer Standards and Training Act (P.O.S.T.).
The EMPLOYER is to make every effort possible to provide the necessary P.O.S.T. certified
training required under the current law during the course of duty time. In the event that it is not
possible to provide necessary P.O.S.T. certified training during duty time, the employees will be
reimbursed in the form of compensatory time off for off duty training hours at the rate of time and
one-half, effective from the date the agreement is signed.
62
Page 8
ARTICLE XXI GRIEVANCE PROCEDURE
1. This grievance procedure is established for the purpose of resolving disputes
involving the interpretation or application of this AGREEMENT.
2. The EMPLOYER will recognize Stewards selected by the UNION as the grievance
representatives of the bargaining unit. The UNION shall notify the EMPLOYER in
writing of the Stewards and of their successors when so named.
3. A grievance is defined as a dispute over the interpretation or application of this
AGREEMENT.
4. Grievances shall be resolved in the following manner:
STEP 1. An employee claiming a violation concerning the interpretation or
application of this AGREEMENT shall within twenty-one (21) calendar
days after such alleged violation present such grievance to the employee's
immediate supervisor designated by the EMPLOYER. The EMPLOYER-designated
representative will give a final answer to Step 1 grievance within ten (10) calendar
days. If a grievance is not resolved in Step 1, such grievance shall be placed in
writing and referred to Step 2 within ten (10)calendar days after the EMPLOYER'S
final answer in Step 1. Any grievance not referred in writing by the employee within
ten (10) calendar days shall be considered waived.
STEP 2. The written grievance shall be presented personally to the employee's
department head or other EMPLOYER-designated representative. A copy will be
sent by registered mail, return requested to the City Manager. The EMPLOYER-
designated representative shall give the employee the EMPLOYER'S Step 2 answer
within ten (10) calendar days after receipt of such Step 2 grievance. If a grievance
is not resolved in Step 2, such grievance shall be referred to Step 3 within ten (10)
calendar days following the EMPLOYER-designated representative's final Step 2
answer. Any grievance not referred in writing by the employee within ten (10)
calendar days shall be considered waived.
STEP 3. The written grievance shall be presented personally to the EMPLOYER-
designated representative (City Manager). The EMPLOYER-designated
representative shall give the EMPLOYER'S answer within ten (10) calendar days
after receipt of such Step 3 grievance. If a grievance is not resolved in Step 3, such
grievance shall be referred to Step 4 within ten (10) calendar days following the
EMPLOYER-designated representative's final Step 3 answer. Any grievance not
referred in writing by the employee within ten (10)days shall be considered waived.
STEP 4. Unresolved grievances are subject to the arbitration provisions of .
Minnesota Statutes, Section 179A.21. The arbitrator shall not have the right
63
Page 9
to amend, modify, nullify, ignore, add to, or subtract from the provisions of this
AGREEMENT. The arbitrator shall consider and decide only the specific issue
submitted in writing by the EMPLOYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or
varying in anyway the application for laws, rules or regulations having the force and
effect of the law. The arbitrator shall submit his decision in writing within thirty(30)
days following the close of the hearing or the submission of briefs by the parties,
whichever is later unless the parties agree to an extension. The decision shall be
based solely upon the arbitrator's interpretation or application of the express terms
of this AGREEMENT on the facts of the grievance presented.
All documents, communications and records dealing with a grievance shall be filed
separately from the personnel files of the involved employee(s).
The time limits established in this Article may be extended or modified by mutual
consent of the EMPLOYER and the UNION and shall be in writing.
Employees shall be allowed reasonable time to process grievances during working
hours without loss of pay.
ARTICLE XXII RIGHT OF SUB-CONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from sub-
contracting work performed by employees covered by this AGREEMENT.
ARTICLE XXIII CLOTHING ALLOWANCE
Uniform allowance shall be $500.00 in 2004 for each officer to be paid to the officer as a
reimbursement for uniform expenses. Protective clothing, i.e., bullet-proof vests, etc. will be
provided by the EMPLOYER, per Federal and State regulations. The EMPLOYER will supply at
no cost to the Employees all required uniform items and reasonable replacements upon initial
hire. New hirees will not qualify for uniform allowance until they complete one year of service.
ARTICLE XXIV EMPLOYER AUTHORITY
The UNION recognizes the prerogative of the EMPLOYER to operate and manage its affairs in all
respects in accordance with existing and future laws and regulations of appropriate authorities
including municipalities personnel policies and work rules. Rules and regulations shall be
reasonable and consistent with this AGREEMENT and applied uniformly and without
discrimination. The prerogatives and authority which the EMPLOYER has not officially abridged,
delegated or modified by this AGREEMENT are retained by the EMPLOYER.
64
Page 1
ARTICLE XXV SAVINGS CLAUSE
In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken within the
time provided, such provision shall be voided. All other provisions shall continue in full force and
effect. The voiced provision shall be renegotiated at the request of either party.
ARTICLE XXVI DURATION
This AGREEMENT shall be effective as of the first day of January, 2004 and shall remain in full
force and effect until the thirty-first day of December, 2004.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day
of
Articles in the contract may be rewritten by mutual agreement of the parties. If no agreement is
reached, all articles will remain as is.
CITY OF ST. ANTHONY FOR LAW ENFORCEMENT LABOR
SERVICES, INC.
Its Mayor
Its City Manager
65
CITY OF ST. ANTHONY
RESOLUTION 04-044
A RESOLUTION RATIFYING THE 2004 AGREEMENT
BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC.,
REPRESENTING THE ST. ANTHONY POLICE
DEPARTMENT LICENSED EMPLOYEES
AND THE CITY OF ST. ANTHONY
BE IT RESOLVED, that the 2004 Agreement between the Law Enforcement Labor
Services, Inc., representing the St. Anthony Police Department Licensed Employees,
and the City of St. Anthony is hereby ratified and the Mayor and City Manager are
authorized to execute the Agreement on behalf of the City.
Adopted this day of , 2004.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
. ai 'e h®n
66
May 18,2004- For Immediate Release
Contact: Susan Hall, 612-789-8881
"Walking a Mile"
Councilmember Jerry Faust and Zumbrota Councilmember
set to meet for exchange
ST. ANTHONY, MN—On May 25, Zumbrota Councilmember Deb Wilkinson
will come to St. Anthony to visit with Councilmember Jerry Faust. Ms. Wilkinson
will spend the day in St. Anthony to learn about the City that Mr. Faust calls
home. They will discuss issues concerning the times. Eventually, Mr. Faust will
travel to Zumbrota to do the same there.
Ms. Wilkinson and Mr.Faust are taking part in the League of Minnesota Cities'
"Walking a Mile"Program. Dismayed by city-on-city attacks, League President
and Moorhead Mayor Mark Voxland began thinking about ways to build
connections, understanding, and unity among cities. And so, "Walking a Mile"
was born.The program was created to promote greater awareness, relationships,
and understanding among differing cities.
During the exchange on May 25, Ms. Wilkinson will tour the City of St. Anthony
and attend meetings, including the City Council meeting. Mr. Faust said he looks
forward to the exchange. "It will be interesting to share the similarities and
differences as well as to meet with a colleague." Attached is the itinerary for the
May 25 exchange.
For more information, contact Susan Hall at 612-789-8881.
-30-
3301 Silver Lake Road, St.Anthony, Minnesota 55418-1699-www.ci.saint-anthony.mn.us -(612) 789-8881 •FAX(612) 781-9323
Our Mission Is to be a progressive and livable community,a walkable village, which is safe and secure.
FUTURE COUNCIL AGENDA ITEMS
Updated May 18, 2004
Meeting Date Meeting Type Staff Items/Issues
June 8 Regular J. Gilligan Charitable Gambling Ordinance, Third Reading
R. Larson & Finance 2003 Annual Report/2003 Audit
S. Bonniwell
Peddler's Ordinance Amendment, Second Reading
Quarterly Review of Goals.
June 22 Regular Planning Commission issues of June 15
Ehlers Development Agreement with Dominium Group
Peddler's Ordinance Amendment, Third Reading
Community Bulletin Board Sign
Silver Lake Village: Review/Final review for
for housing portion.
July 13 Regular
June 2004
Monthly Planner
1 2 3 4 S
6 7 8 9 10 11 12
7:00 pm Council
Meeting
13 14 IS 16 17 18 19
7:00 pm Parks 7:00 pm
Commission Planning
Meeting Commission
Meeting
20 21 22 23 24 25 26
7:00 pm Council Liquor Store
Meeting Celebration 4-
8 pm
Public Works
Grand Opening
4-7 pm
27 28 29 30
May 2004 Jul 2004
Central Park
Dedication 6 S M T W T F S S M T W T F S
pm to 8:30 pm 1 1 2 3
2 3 4 5 6 7 8 4 5 6 7 8 9 10
9 10 11 12 13 14 15 11 12 13 14 15 16 17
16 17 18 19 20 21 22 18 19 20 21 22 23 24
23 24 25 26 27 28 29 25 26 27 28 29 30 31
30 31
Printed by Calendar Creator for Windows on 5/18/2004
July 2004
Monthly Planner
logo= Omm
Jun 2004 Aug 2004 1 2 3
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 7
6 7 8 9 10 11 12 8 9 10 11 12 13 14
13 14 15 16 17 18 19 15 16 17 18 19 20 21
20 21 22 23 24 25 26 22 23 24 25 26 27 28
27 28 29 30 29 30 31
4 5 6 7 8 9 10
Independence
Day Holiday
11 12 13 14 15 16 17
7:00 pm Parks 7:00 pm Council
Commission Meeting
Meeting
18 19 20 21 22 23 24
7:00 pm
Planning
Commission
Meeting
25 26 27 28 29 30 31
7:00 pm Council
Meeting
Printed by Calendar Creator for Windows on 5/18/2004
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
May 25, 2004
Call to Order.
Roll Call.
I. Approval of May 25, 2004, 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 May 11, 2004, H.R.A. Minutes. (pp.1-5)
B. Claims. (pp. 6)
III. Public Hearings. - None
IV. General Policy of Business of the H.R. A.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
01
1 CITY OF ST. ANTHONY
2
3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
4
5 MAY 11, 2004
6
7 CALL TO ORDER
8 Chair Hodson called the meeting to order at 8:25 p.m.
9
10 ROLL CALL.
11 Commissioners present: Chair Hodson; Commissioners Horst, Stifle, Thuesen, and Faust.
12 Commissioners absent: None.
13 Also present: Executive Director Michael Momson and City Attorney Jerry
14 Gilligan.
15
16
17 I. APPROVAL OF MAY 11, 2004, H.R.A. AGENDA.
18 Motion by Commissioner Faust, seconded by Commissioner Thuesen, to approve the May 11,
19 2004,Housing and Redevelopment Authority Agenda as presented.
20
21 Executive Director Mornson noted Item III(B), Resolution 04-006, did not require a public
22 hearing; therefore, it should be moved to Item IV (A), General Policy Business of the H.R.A.
23
24 Executive Director Mornson's amendment was accepted.
25
26 Motion carried unanimously.
27
28 II. CONSENT AGENDA.
29 Motion by Commissioner Faust, seconded by Commissioner Horst, to approve the Consent
30 Agenda, which consisted of:
31 A. H.R.A. Meeting Minutes of April 13, 2004; and
32 B. Claims.
33
34 Motion carried unanimously.
35
36 IH. PUBLIC HEARINGS.
37 A. Resolution 04-007, Proposed acquisition of property by exercise of power of eminent
38 domain.
39 Chair Hodson opened the public hearing at 8:26 p.m.
40
41 City Attorney Gilligan noted,pursuant to the terms of the Redevelopment Agreement between
42 the HRA and Apache Redevelopment LLC, the HRA received a request from Apache
43 Redevelopment LLC to authorize the acquisition by eminent domain of certain properties to be
44 redeveloped in accordance with the Redevelopment Agreement. The proposed properties were
45 defined in the Agreement as the."Authority Parcels,"which consisted of the properties owned by
46 J. A. Cadwallader Real Estate, Inc., Village Properties (Ken Solie) and Apache Square
47 Paramount Properties.
48
oa
Housing and Redevelopment Authority Meeting Minutes
May 11, 2004
Page 2
1 Mr. Gilligan further explained, to date, the HRA was unable to negotiate a termination of the
2 Tires Plus lease, which needed to be terminated in order for the HRA to transfer the liquor
3 store/Tires Plus parcel as required by the Redevelopment Agreement and the liquor store
4 Purchase Agreement. He noted, since this lease was not yet terminated, it was necessary at this
5 time for the HRA to authorize the acquisition of the interests of the lessee in the Tires Plus lease
6 by eminent domain. He added, under Minnesota Statutes, the HRA could not adopt a resolution
7 authorizing condemnation unless it first held a public hearing on the proposed condemnation.
8
9 Mr. Gilligan stated, following the public hearing, he recommended the HRA adopt a resolution
10 authorizing the condemnation of the Authority Parcels and the interests of the lessee in the Tires
11 Plus lease. He explained it was expected that Apache Redevelopment LLC would be able to
12 purchase the Authority Parcels directly; therefore, until directed by the developer following the
13 adoption of the resolution, no action would be taken by the HRA to commence a condemnation
14 proceeding. He added, unless the HRA was able to obtain a termination of the Tires Plus lease,
15 however, the HRA would need to immediately commence a condemnation proceeding with
16 respect to the lease following adoption of the resolution.
17
18 Steve Quam, 200 South Sixth Street, Minneapolis, stated he was an attorney with Fredrikson and
19 Byron and was representing Ronald and Judith Rasmussen, the tenants and operators of the Tires
20 Plus store. He indicated he was present to notify the HRA that Mr. and Mrs. Rasmussen had
21 filed a lawsuit against the HRA the previous day, which set forth their position with respect to
22 their rights under the lease. He added this was not the time or place to debate the merits of the
23 lawsuit;however, he wanted the HRA to know the lawsuit was served.
24
25 Chair Hodson closed the public hearing at 8:30 p.m.
26
27 Motion by Commissioner Faust, seconded by Commissioner Thuesen, to adopt Resolution 04-
28 007 authorizing the condemnation of the Authority Parcels and the interests of the lessee in the
29 Tires Plus lease.
30
31 _Motion carried unanimously.
32
33 IV. GENERAL POLICY BUSINESS OF THE H.R.A.
34 A. Resolution 04-006; Approve New Date for Phase II of Silver Lake Village.
35 Stacie Kvilvang, Ehlers and Associates Inc., noted on December 19, 2003, Council and the HRA
36 executed a Development Agreement with Apache Redevelopment LLC for the redevelopment of
37 the Northwest Quadrant. She explained, according to the Agreement, the developer was to
38 submit detailed site plans and proformas to the City by March 15, 2004, for Phase R of the
39 development. She indicated,based upon review of this information and negotiations between the
40 two parties, the developer and HRA were to enter into the Phase II contract addendum by May
41 31, 2004. She noted the developer was requesting an extension of the above-mentioned timelines
42 due to the extensive time the developer needed to expend on expediting and finalizing all the
43 components of Phase I of the development.
44
Housing and Redevelopment Authority Meeting Minutes 03
May 11, 2004
Page 3
1 Ms. Kvilvang stated the developer was still interested in completing Phase U of the development
2 and was requesting the new date to submit proforma and plan information be extended to
3 October 15, 2004, and the date to enter into a contract addendum be extended to December 31,
4 2004.
5
6 Commissioner Stille asked if there was a 60-day extension beyond the stated date requested by
7 the developer. Ms. Kvilvang responded there was a 60-day extension period that could be given
8 at the discretion of Executive Director Mornson. She added any extension beyond the 60 days
9 would need to come back before the HRA for approval.
10
11 Motion by Commissioner Faust, seconded by Commissioner Stille, to adopt Resolution 04-006
12 approving extension of the time line for Phase H development—Northwest Quadrant.
13
14 Motion carried unanimously.
15
16 V. STAFF REPORTS.
17 Executive Director Mornson asked Ms. Kvilvang to give an update regarding additional issues
18 that would need Council consideration.
19
20 Ms. Kvilvang noted Apache Plaza was down and stated she was amazed at how quickly and
21 precisely it was demolished. She added she thought the developers were taking photos of the site
22 and the demolition.
23
24 Ms. Kvilvang indicated the pond in front of Cub Foods was currently being filled. She noted it
25 would be replaced with a larger ponding area that would include surrounding park
26 improvements.
27
28 Ms. Kvilvang stated the new liquor store permit would be issued the following week, with
29 construction starting the end of May or early June. She added residents would be pleased once
30 they saw the store, noting the new store was larger than the previous one.
31
32 Ms. Kvilvang indicated the plans had been submitted for the Cub upgrade. She explained the
33 building would receive a"face lift"to make it come into compliance with the rest of the
34 development. She added work would probably begin after July 4.
35
36 Ms. Kvilvang stated plans were submitted for permit review of the two most eastern buildings of
37 the commercial portion of the development fronting Silver Lake Boulevard.
38
39 Ms. Kvilvang noted Dominion was planning to build approximately 180 general occupancy
40 rental units and 80 senior units.
41
42 Ms. Kvilvang indicated the draft Development Agreement was completed and negotiations were
43 beginning regarding the appearance of the development and procedures for moving forward. She
Housing and Redevelopment Authority Meeting Minutes 04
May 11, 2004
Page 4
1 noted the preliminary plan reviews were scheduled to come before the Planning Commission and
2 Council in June.
3
4 Ms. Kvilvang noted the site would be very different and would transform the overall look of the
5 community.
6
7 Ms. Kvilvang stated SAV I was scheduled to open June 1. She added residents would be
8 pleased, as the building was attractive. She indicated Mr. Larson would be reporting great things
9 regarding sales in the next several years.
10
11 Ms. Kvilvang indicated a CIC plat was filed with the County; however, due to time turnaround,
12 there was no guarantee the plat would be back for a June 1 formal closing. She explained a
13 license agreement was being prepared that would allow the City to move in and operate, renting
14 the space for$1 per month, for example, until the plat was recorded and a formal closing could
15 take place.
16
17 Ms. Kvilvang noted additional leases for the site were signed, with more leases hopefully signed
18 by the following week. She indicated that left only one unrented bay. She explained the
19 developer was making a conscious effort to consider parking concerns and working towards
20 compatibility with the restaurant's use of the parking spaces.
21
22 Ms. Kvilvang stated the lease with Spectators was being finalized and Spectators would
23 hopefully open in the fall or late during the current year. She added additional work needed to be
24 done regarding Sports Boosters' license agreements and a liquor license.
25
26 Ms. Kvilvang noted 38 apartment units were being planned for the LaNel site, indicating the site
27 comprised the five vacant single properties next to Autumn Woods. She explained closing was
28 delayed mostly due to economies of scale related to the 38 units and construction costs, which
29 was making it difficult to obtain financing. She stated there was a 15%vacancy at the current
30 facility; therefore, they wanted to make sure the new units could be leased. She indicated
31 construction costs would be rebid and other creative things done to get the project underway.
32
33 Commissioner Faust indicated Council was good about using the name Silver Lake Village for
34 the Apache Plaza site. He asked if a name had been given to the shopping center at the
35 Stonehouse location. Ms. Kvilvang responded she did not believe a formal name had been given
36 to the shopping center and suggested Council could recommend a name.
37
38 Commissioner Faust noted it would be nice to differentiate the shopping center rather than use
39 the past name, which would shortly be irrelevant. Ms. Kvilvang responded she would have
40 suggestions brought before Council.
41
42 Mr. Mornson suggested Council might wish to give LaNel a"drop dead"date, as the City still
43 owned the property. He noted their PUD was approved and recommended a time frame for the
Housing and Redevelopment Authority Meeting Minutes 05
May 11, 2004
Page 5
1 decision should be negotiated. He indicated the City might wish to put the property back on the
2 market if LaNel decided against building.
3
4 VI. H.R.A. COMMISSIONER COMMENTS.
5 None.
6
7 VII. INFORMATION AND ANNOUNCEMENTS.
8 None.
9
10 VIII. ADJOURNMENT.
11 Chair Hodson adjourned the meeting at 8:42 p.m.
12
13
14 Respectfully submitted,
15
16 Marjorie R. Jenkins
17 TimeSaver Off Site Secretarial, Inc.
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
05/18/2004 11: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
HRA1 HOUSING & REDEV CHECKING
009016 ACG, INC. 5454 05/26/04 746.03
009032 ADS CONSTRUCTION 5455 05/26/04 31,903.85
009033 BREDEMUS HARDWARE 5456 05/26/04 2,470.00
002380 CENTERPOINT ENERGY MINNE 5457 05/26/04 264.43
009031 CONWORTH, INC. 5458 05/26/04 5,140.00
008698 EHLERS & ASSOCIATES, INC 5459 05/26/04 14,783.75
009002 FABCON, INCORPORATED 5460 05/26/04 1,487.80
008892 GOODWIN COMMUNICATIONS G 5461 05/26/04 1,140.00
009003 GRESSER COMPANIES, INC. 5462 05/26/04 44,318.45
009067 HAMBURGER/JOHN M. 5463 05/26/04 13,350.00
.00001 HBH ASSOCIATES LLC 5464 05/26/04 10,000.00
009070 HBH ASSOCIATES LLC 5465 05/26/04 10,000.00
009064 HONDA ELECTRIC, INC. 5466 05/26/04 11,685.00
008379 KINKO'S 5467 05/26/04 118.48
009001 KRAUS ANDERSON CONSTRUCT 5468 05/26/04 55,930.00
002040 LILLIE SUBURBAN NEWSPAPE 5469 05/26/04 27.90
009068 MUIR DORAN CONSTRUCTION 5470 05/26/04 359,368.78
.00002 RAPPORT, INC. 5471 05/26/04 10,000.00
009071 RAPPORT, INC. 5472 05/26/04 10,000.00
009015 RED CEDAR STEEL ERECTORS 5473 05/26/04 5,870.05
009011 SGO ROOFING & CONSTRUCTI 5474 05/26/04 5,179.40
009035 SPICER CONTRACTING 5475 05/26/04 64,045.20
009065 STEENBERG-WATRUD CONSTRU 5476 05/26/04 28,975.00
009010 THURNBECK STEEL FABRICAT 5477 05/26/04 18,202.95
008449 TWIN CITY GARAGE DOOR 5478 05/26/04 15,580.80
009047 WHITE BEAR ELECTRIC 5479 05/26/04 30,590.00
009066 WILLOUGHBY ENTERPRISES, 5480 05/26/04 16,476.80
008273 WSB & ASSOCIATES, INC. 5481 05/26/04 1,062.75
HOUSING & REDEV CHECKING 768,717.42 ***
Barb Sudu
To: Posting of meetings
Subject: Please post
Please post
NOTICE-MEETING.c
oc
Thank you.
Barb Suciu
City Clerk
1
City of St. Anthony - Quarterly Progress Report on 2004 Goals
June, 2004
Target Implementation Problems (if applicable)
Goal Progress - Completion
or Comments
Date
1. Implement Silver Lake Redevelopment On - Schedule 10/07 Final Housing and PUD scheduled for
June 15 and June 22.
2. Improve Communication plan for city Presented goals to
iniatives and accomplishments school, planning 12/04 Electronic Sign currently be reviewed
(includes improvement to signage). and Park by Planning Commission.
Commissions.
3. Prepare policy to guide decisions on Policy currently being reviewed by
installing and funding light, sidewalks, E-Fiber line in for 12/1/2004 Public Works Director and WSB.
and a-fiber during construction of 39th Avenue.
streets.
4. Explore Community Emergency Prepared and
Reponse Team received grants for 12/04 New Fire Chief will review grant program.
CERTS.
5. Complete Public Facilities and Public Works and
implementation (public works, Liquor Store Open 12/04 Fire Station under construction.
fire station & 2 liquor stores). House, June 24th.
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