HomeMy WebLinkAboutCC PACKET 06222004 Meeting Sheet
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Folder: CC PACKETS 2001-2004
Document: CC PACKET 06222004
H.R.A. IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING
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
June 22, 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:
1. Approval of the June 22, 2004, City Council Meeting Agenda.
(Action requested.) -
II. Proclamations and Recognitions.
III. 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.
1. Approve June 8, 2004, Regular Council Meeting minutes. (pp.1-16)
2. Licenses and Permits. (pp. 17)
3. Claims. (pp. 18-21)
IV. Public Hearings.
V. Reports from Planning Commission, June 15, 2004.
1. Resolution 04-048; Approving Amendment to the Comprehensive Sign Plan
for St. Anthony Shopping Center— Kim Tillman, presenting. (action requested.)
(pp. 22-31)
2. Resolution 04-049; Approving Silver Lake Village Final PUD and Final Plat for
Housing and Rental — Perry Thorvig, Dahlgren, Sharlow, and Uban,
presenting. (action requested.) (pp. 32-38) `
VI. General Policy Business of the Council.
11. Resolution 04-050; Issuing Tax Exempt Bonds for Dominium — J. Lindgren,
Dorsey & Whitney, presenting. (action requested.)(pp.39-42)
2. Ordinance 04-004; Ordinance Section 515, Dogs, Allowing three (3) dogs per
household and changing immunization requirements. (1St Reading) (pp.43-47)
VII. Reports From City Manager and Councilmembers.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda.
Speakers are requested to come to the podium, 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.
City Council Regular Meeting Minutes 01
June 8, 2004
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 June 8, 2004
6
7 CALL TO ORDER
8 Mayor Hodson called the meeting to order at 7:02 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 Mayor Hodson requested a moment of silence in remembrance of former President Reagan.
19
20 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
21 ITEMS.
22
23 I. APPROVAL OF JUNE 8, 2004 CITY COUNCIL MEETING AGENDA.
24 Motion by Councilmember Stille, seconded by Councilmember Faust, to approve the City
25 Council Meeting Agenda of June 8, 2004.
26
27 Motion carried unanimously.
28
29 II. PROCLAMATIONS AND RECOGNITIONS.
30 None.
31
32 III. CONSENT AGENDA.
33 1. . Approve May 25, 204, Regular Council Meeting Minutes.
34 2. Consider licenses and permits.
35 3. Consider payment of claims.
36
37 Motion by Councilmember Thuesen, seconded by Councilmember Faust, to approve the Consent
38 Agenda items.
39
40 Motion carried unanimously.
41
42 IV. PUBLIC HEARINGS.
43 None.
44
45 V. REPORTS FROM COMMISSIONS AND STAFF.
46 None.
47
City Council Regular Meeting Minutes 02
June 8, 2004
Page 2
1 VI. GENERAL POLICY BUSINESS OF THE COUNCIL.
2 A. Consider Resolution 04-046—Approving a policy on Tax Exempt Financing
3 Ms. Stacie Kvilvang, Ehlers &Associates, Inc. stated Dominium had requested that the City and
4 the City's Housing and Redevelopment Authority(HRA) assist them in obtaining private activity
5 revenue bonds from the State of Minnesota for the purposes of developing 260 units of rental
6 housing in the Northwest Quadrant Redevelopment Area. The City and the HRA have assisted
7 both rental housing developments and industrial developments with obtaining these bond funds
8 from the State in the past. However,the City and HRA have never had a formal policy on what
9 type and how much of a fee they would charge for assisting developers in pursuing these types of
10 bonds.
11
12 Ms. Kvilvang stated after discussions with the City Attorney and City Manager, it is
13 recommended that the City and HRA adopt a formal policy charging the following:
14
15 1. A one time issuance fee of one(1)percent of the principal amount of the bonds; and
16 2. The Applicant must pay all expenses of the City and HRA related to the issuance of such
17 revenue bonds, whether or not the revenue bonds are issued.
18
19 Motion by Councilmember Faust, seconded by Councilmember Thuesen,to adopt Resolution
20 04-046—Approving Policy for Issuance of Revenue Bonds.
21
22 Discussion:
23
24 Councilmember Faust noted this was a policy that helped finance the revenue bonds and stated
25 the revenue came back to the general fund.
26
27 Councilmember Stille noted this did not create a risk to the City; the City was only a conduit.
28
29 Motion carried unanimously.
30
31 B. Consider Resolution 04-047—Approving Fannie Mae Financing for Silver Lake Village
32 Ms. Stacie Kvilvang, Ehlers & Associates, Inc., stated on December 19, 2003, the City Council
33 and Housing and Redevelopment Authority(HRA) executed a Development Agreement with
34 Apache Redevelopment, LLC for the redevelopment of the above referenced area. According to
35 Section 12.11 of the Development Agreement, the City and/or HRA would be securing an
36 interim loan in the amount of$3,350,000 from Fannie Mae, to assist in acquiring three(3)
37 commercial properties where the for-sale housing would be developed. The City and HRA
38 conditioned the commitment to obtain these funds upon the following:
39
40 1. The Cityy had received the Commercial Go Ahead Letter
41 2. The City had received the For Sale Housing Go Ahead Letter
42 3. The housing developer had documentation that they had obtained 20 percent of presales
43 of the units in the first building in Phase IA(13 units);
44 4. The Developer is not in default of the Development Agreement
45
46 The loan, as originally discussed with the City Council and HRA, as going to be paid back
47 through land sale proceeds and a General Obligation TIF bond issued by the City/HRA when the
City Council Regular Meeting Minutes
June 8, 2004 ®�
Page 3
1 development was completed(within a three year period). Under this loan structure, Fannie Mae
2 requires the City to provide a collateral deposit with them consisting of 25 percent of the loan
3 amount($837,500). The City was going to utilize its Water Filtration Funds for this deposit
4 requirement (If the City was to "back"the loan with their General Obligation taxing powers,no
5 collateral would be required). In addition, the loan was a full recourse debt to the City and they
6 would need to pledge any assets to repayment of the loan.
7
8 After review of the loan documents by the City Attorney, it was determined that State Statutes
9 would not allow the City to pledge funds to a loan without it being considered a General
10 Obligation. Therefore, the loan documents are being redrafted to reflect this.
11
12 Ms. Kvilvang noted the following were preliminary issues to consider:
13
14 1.How is this loan structure different from what was originally proposed?
15 2.What is the risk to the City/HRA in obtaining these loan funds and providing their General
16 Obligation taxing powers?
17 3.What are the terms of the loan agreement?
18
19 Ms. Kvilvang summarized the analysis of the following issues:
20
21 1. How is this loan structure different from what was originally proposed?
22
23 The original loan structure anticipated that the City would borrow the funds, provide the
24 necessary collateral ($837,500 set aside for up to a three year term) and not provide its
25 General Obligation authority up front(less risk). The loan was going to be paid back as
26 land sale proceeds were received and then when the development was finished being
27 constructed and paying taxes, the City/HRA was going to pay off the remaining balance
28 of the loan by utilizing its General Obligation authority and issue a GO TIF bonds. The
29 GO TIF bond would then be repaid by tax increment generated by the new development.
30
31 Under the new structure, the City/HRA would be authorizing utilization of its General
32 Obligation taxing powers up front, which would not require the City/HRA to provide
33 $837,000 in collateral for the loan. This option would provide the City much more
34 flexibility.in completing other capital improvement projects as defined by the City
35 Council and HRA since it would not require tying up a large sum of money for a three-
36 year period. The loan will still be repaid as originally anticipated,which is through land
37 sale proceeds and through the issuance of a GO TIF bond when the development is
38 completed.
39
40 The City/HRA always intended to pledge its General Obligation taxing powers to repay
41 the debt. The only difference between the two aforementioned loan structures is when
42 the GO would be required, meaning up front(more risk)before the development is
43 constructed or after the development is constructed (less risk).
44
45 2. What is the risk to the City/HRA in obtaining these loan funds and providing their
46 General Obligation taxing powers?
47
City Council Regular Meeting Minutes 04
June 8,2004
Page 4
1 The risk of obtaining these loan funds needs to be reviewed from two aspects:
2
3 1. Actually drawing down the loan funds; and
4 2. Repayment of the loan if it is drawn down
5 '
6 The risk under#1 is minimal since the City/HRA is not required to draw down any funds until
7 the developer has met certain presale and constructional financing requirements. If the presale
8 requirement and proof of construction financing from a lending institution are met, it will
9 provide reassurance to the City and HRA that there is a market for the product the developer is
10 constructing and the corresponding price points they have set.
11
12 Under#2, the City and HRA were always at risk of repaying the loan if it was drawn upon.
13 Again, the loan was going to be repaid through land sale proceeds and a General Obligation TIF
14 bond when the development was finishing being constructed. The.City/HRA's only risk would
..15 be if the developer for some reason did not move forward with the development after meeting the
16 presale and construction financing requirement or quit constructing the development half way(or
17 at another point) through construction The likelihood of the development not moving forward
18 after meeting the presale requirement is low since they have invested considerable dollars in
19 completing architectural drawings and plans for submittal to the City for approval, they have
20 been working on meeting the presale requirement-and are nearing finalization of their
21 construction financing.
22
23 Ms. Kvilvang noted that would leave the scenario in which the developer walks away.from the
24 development prior to completing it. To analyze this risk the question that the City and HRA
25 need to answer is: Would the City move forward with acquiring this land for redevelopment if
26 this developer defaults during the construction phase? It is assumed that the answer to that is
27 yes. The City and HRA have committed extensive.resources to assure that the Northwest
28 Quadrant Redevelopment Plan would be implemented. If the developer was to`walk away", the
29 City and HRA would have the right to the unfinished project and could select another developer
30 to step in and finish the development, or propose an alternative solution.
31
32 3. What are the terms of the loan agreement
33
34 Following are the loan agreement terms:
35
36 1. The loan is a non-revolving loan and the City/HRA can draw the funds down at
37 anytime
38 2. Loan maturity is 36 months
39 3. The loan is taxable
40 4. Loan proceeds will be utilized to acquire and demolish property in the Northwest
41 Quadrant Redevelopment Area
42 5. Loan has a variable interest rate based upon the three (3)month LIBOR(currently
43 1.26)plus 175 base points (total of 3.01%). Interest rate is set on day of closing..
44 6. Interest rate will be reset quarterly on the first day of each calendar quarter
45 (January 1, April 1, July 1, and October 1)
46 7. Quarterly payments of interest to be paid in arrears on the first day of each
47 calendar quarter and calculated on an actual/360 basis
City Council Regular Meeting Minutes 05
June 8, 2004
Page 5
1 8. Prepayment can occur at any time without penalty
2 9. Full repayment is expected in spring of 2007 when development is finalized.
3 However, the City/HRA can repay at anytime
4 10. Debt is General Obligation to the City
5 11. The City/HRA can not utilize any other Fannie Mae funds to repay the loan
6 12. All legal fees of Fannie Mae to be paid by the City/HRA at closing(whether the
7 loan closes or not). Legal fees generally are between$2,500 and $5,000
8 13. City/HRA has to pay origination fee of 100 basis points at closing($33,500)
9 14.. City/HRA is required to submit financial statements annually for Fannie Mae
10 review until the loan is repaid and submit the annual TIF reports required by the
11 State of Minnesota.
12
13 Ms. Kvilvang stated it should be noted that all out of pocket expenses incurred by the City/IRA
14 will be reimbursed by the Developer and/or through Tax Increment (TIF).
15
16 Councilmember Stille asked if this had become a commonplace program. Ms. Kvilvang replied
17 this was a commonplace program that Fannie Mae had started to aid developers.
18
19 Motion by Councilmember Thuesen, seconded by Councilmember Horst, to adopt Resolution
20 04-047—Authorizing Execution of Loan Documents with Fannie Mae for$3,350,000 Loan.
21
22 Motion carried unanimously.
23
24 C. Consider Ordinance 2004-002; re Charitable Gambling. Ord Reading)
25 City Attorney Gilligan reviewed with the Council an amendment to the charitable gambling
26 ordinance based on the fact that the current ordinance allows charitable gambling to on-sale
27 municipals only. He indicated that with the closing of the Stonehouse, the City no longer owned
28 an on-sale municipal. With Spectators located where the Stonehouse sued to be,he felt it was
29 important to get the ordinance changed prior to the opening of the restaurant.
30
31 City Attorney Gilligan indicated that this was the 3rd reading with the 1St and 2nd readings taking
32 place on May 11 and 25, 2004. He added that he also passed the ordinance onto some of the
33 Sports Boosters that he has been working with on the charitable gambling license for Spectators.
34 He stated that this is the final reading of this ordinance and that all of the suggestion and
35 concerns from previous meeting have been incorporated into this final ordinance.
36
37 City Attorney Gilligan reviewed his May 19, 2004 memorandum reading:
38
39 At its meeting on May 11th the City Council gave first recording to an ordinance amending
40 Section 535.02 to permit charitable gambling to be conducted in restaurants in the City holding
41 an on-sale liquor license. At that meeting the City had various questions concerning the City's
42 authority to regulate this activity.
43
44 Under Minnesota Statutes, Section 349.213, the City has the authority to adopt more stringent
45 regulation of lawful gambling than provided by Minnesota law, including the prohibition of
46 lawful gambling. The City may not require that an organization licensed by the Minnesota
47 Gambling Control Board obtain a license or permit from the City as a condition for it to conduct
City Council Regular Meeting Minutes
June 8, 2004 06
Page 6
1 charitable gambling in the City. However, before issuing a permit premises allowing lawful
2 gambling at a location in the City,Minnesota law requires the Board to notify'the City Council
3 and the City Council must approve the issuance of the premises permit by resolution.
4
5 The Minnesota Attorney General has opined that under this authority the City can regulate the
6 following with respect to lawful gambling in its jurisdiction:
7
8 A. Determine what kind of lawful gambling can take place;
9 B. Specify hours of operation;
10 C. Specify where it can and cannot occur;
11 D. Limit the number of sites where it will be allowed; and
12 E. Prohibit lawful gambling altogether.
13
14 While Minnesota law requires the approval of the City Council before the Gambling Control
15 Board can issue a premises permit for a licensed organization to conduct gambling in the City,
16 the statute does not offer any guidance with respect to reasons that the City Council may
17 disapprove an organization's application. If it wished to do so the City Council could develop
18 criteria on which to base its decision. However, this criteria should probably not limit approval
19 to only locally based organizations as the Minnesota Attorney General has opined that a city
20 limiting approval of lawful gambling to only locally based organizations may be a possible
21 violation of the equal protection clause of the Minnesota and United States Constitution.
22
23 While the City may not be able to adopt an ordinance which would limit charitable gambling in
24 the City to only locally based organizations, I believe that the City could include in its ordinance
25 on charitable gambling a provision that provides that charitable gambling is limited to only one
26, location in the City and that only one licensed organization is permitted to conduct charitable
27 gambling at that location. By doing so the City may be able to effectively retain control of
28 which licensed organization conduct charitable gambling in the City. If in the future the Council
29 wishes to expand the number of locations where charitable gambling may be conducted, it could
30 then amend the ordinance.
31
32 As I previously advised you,the City may by ordinance require a licensed organization
33 conducting lawful gambling in the City to expend within the City's trade area all or a portion of
34 it expenditure for lawful purposes of its gross profits. The ordinance must define the City's trade
35 are and specify the percentage of lawful purposes expenditure to be expended within the trade
36 area. The City's trade are must include at a minimum each city contiguous to the City. Should
37 the City Council wish to require an organization to make all or a portion of its expenditures
38 within the City's trade area, set forth below is proposed new Section 535.03 of the City Code
39 which it would be included in the ordinance the City council is presently considering on
40 charitable gambling:
41
42 "Section 535.03. Expenditure by Licensed Organization Conducting Lawful Gambling_
43 Each licensed organization conducing lawful gambling within the City must expend_percent
44 of its lawful purpose expenditures on lawful purposes conducted or located within the trade area
45 of the City. The trade area of the City for this purpose shall include the City and all cities
46 contiguous to the City. This section applies only to lawful purpose expenditures of gross profits
47 derived from lawful gambling conducted on the premises within the City. At the end of each
City Council Regular Meeting Minutes 07
June 8,2004
Page 7
1 licensed organization's fiscal year, each organization must file with the City a report prepared by ;a
2 an independent certified public accountant documenting compliance with the requirements of
3 this section."
4
5 Councilmember Faust stated this at one time was going to be limited to St. Anthony Market and
6 now it appeared that was not the case. Mr. Gilligan replied they could not designate the
7 charitable organization for charitable gambling, nor the location,but they could limit the number
8 of organizations.
9
10 City Manager Mornson recommended that the Council approve Ordinance 04-002 relating to
11 lawful gambling; amending section 500 of the St. Anthony City Code.
12
13 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Ordinance 04-
14 002 Relating to Lawful Gambling;Amending Section 500 of the St. Anthony City Code. (3rd
15 Reading).
16
17 Motion carried unanimously.
18
19 D. Consider Ordinance 2004-003: re: Peddlers Solicitors and Transient Merchants (2"a
20 Reading).
21 City Manager Mornson indicated to the Council that it was brought to his attention that the City
22 was completing computerized criminal background checks on Peddlers, Solicitors and Transient
23 Merchants without the proper language in the City ordinance.
24
25 He stated that the changes that are highlighted were reviewed by the Police Department and were
26 recommended for amendment,which then gives the City the authority to conduct criminal
27 checks on Peddlers and Solicitors.
28
29 He referred to Captain Ohl's memorandum dated May 6, 2004 reading:
30
31 It has come to my attention that we are completing BCA Computerized Criminal Checks on
32 peddlers, solicitors, and transient merchants without the proper language in our Ordinance
33 number 1130.
34
35 The Bureau of Criminal Apprehension specifically states that:
36
37 • We must have an ordinance that expressly, or by implication, authorizes the use of CCH
38 records for the screening of an applicant,
39 • The ordinance must require the signed consent of the applicant,
40 • The ordinance must include the grounds and reasons in determining denial;
41 e The ordinance must require notification to the applicant for the reason for the denial.
42
43 I would suggest the following language be added to Section 1130 of our City Ordinance:
44
45 Investigation and issuance
46
City Council Regular Meeting Minutes 0$
June 8, 2004
Page 8
1 a) Upon receipt of each application, it shall be referred to the Chief of Police who shall
2 immediately institute such investigation of the applicant's business and moral
3 character as he/she deems necessary including, but not limited to, a criminal history
4 and a wanted person's check with the Bureau of Criminal Apprehension for the
5 protection of the public good. Each applicant and agent of the applicant must sign an
6 "Informed Consent"acknowledging the reason for which the criminal background is
7 being completed.
8
9 b) If as a result of such investigation, the applicant's business and moral character are
10 found to be unsatisfactory, the Chief of Police shall endorse on such application
11 his/her disapproval and his/her reasons for the same, and return the application to the
12 city clerk,who shall notify the applicant that his/her application is disapproved and
13 that no permit shall be issued. Any applicant's business and moral character may be
14 found to be unsatisfactory for reasons including, but not solely limited to:
15 1. Fraud, misrepresentation, or incorrect statement contained in the application
16 for permit.
17 2. Past fraud, misrepresentation, or incorrect statement made in the course of
18 carrying on business as a solicitor, canvasser,peddler, transient merchant,
19 itinerant merchant or itinerant vendor.
20 3. Past conviction of any crime or,misdemeanor involving fraud, theft or moral
21 turpitude.
22 4. Conducting the business of a peddler, solicitor, transient merchant, itinerant
23 merchant or itinerant vendor, as the case may have been, in an unlawful
24 manner or in such a manner as to constitute a breach of peace or to constitute
25 a menace to health, safety or general welfare of the public.
26
27 c) If as a result of such investigation, the business and moral character of the applicant
28 are found to be satisfactory, the Chief of Police shall endorse on the application
29 his/her approval and return the application to the City Clerk, who shall deliver the
30 permit to the applicant. Each peddler, solicitor, or transient merchant must secure a
31 personal permit. Each person issued a permit must carry it on his/her person while
32 conducting or engaging in any activities regulated hereunder. No permit shall be used
33 at any time by any person other than the one to whom it is issued.
34
35 I believe that by adding the aforementioned verbiage to the city ordinances, we would be able to
36 continue to lawfully check the backgrounds of individuals wishing to solicit within our corporate
37 city limits.
38
39 For ease of addition to our ordinances, this addition could be put into the ordinance under
40 1130.12.
41
42 While waiting for the adoption of this addition to our ordinance, I would suggest that we have
43 individual applicants sign release forms indicating that we will, in fact, as a part of their
44 application process, complete criminal history checks with the Bureau of Criminal Apprehension
45 to assess the public safety risks associated with allowing a particular applicant to solicit within
46 our corporate city limits.
47
City Council Regular Meeting Minutes 09
June 8, 2004
Page 9
1 1130.01 Definitions. For purposes of this Section, the terms defined in this Subsection have the
2 following meanings:
3
4 Subd.1. "Peddler"means a person who goes from house to house, from place to place,or
5 from store to store conveying or transporting goods,wares or merchandise or offering or
6 exposing the same for sale or making sales and delivering articles to purchasers.
7
8 Subd.2. "Solicitor"means a person who goes from house to house, from place to place,
9 or from street to street soliciting or taking or attempting to take orders for sale of goods,
10 wares, merchandise or personal services for future delivery or performance.
11
12 Subd.3. "Transient Merchant"means a person who engages in any temporary and
13 transient business selling goods, wares and merchandise from a building, structure,
14 vacant lot, vehicle or trailer in a zoning district where it is allowed by this Code.
15
16 1130.02 Registration Required. No peddler, solicitor or transient merchant shall sell or offer for
17 sale any goods, wares, or merchandise within the City unless registered as provided in
18 this Section. The nonrefundable registration fee is set forth in Section 615. Any
19 peddler, solicitor or transient merchant dealing with merchandise to be delivered to
20 customers in Minnesota directly from points outside of Minnesota is exempt from
21 payment of the registration fee. Any person soliciting money, donations or financial
22 assistance for a religious or charitable organization or selling merchandise for a fee on
23 behalf of such an organization is exempt from payment of the fee,but is required to
24 register with the City.
25
26 1130.03 Conditions for Registration. Registration with the City Clerk must occur at least five
27 days prior to the date when the activity is to commence. Persons registering must file
28 with the City Clerk an accurate sworn registration statement on a form furnished by the
29 City Clerk, giving the following information:.
30
31 (a) Name and physical description of the applicant.
32 (b) Complete home and local address of the applicant and, in the case of
33 transient merchants, the local address from which proposed sales would be
34 made.
35 (c) A brief description of the nature of the business and the product or
36 services involved.
37 (d) If employed, the name and address of the employer, together with
38 credentials establishing the exact relationship.
39 (e) The dates and hours of the day during which the activity will be carried
40 on.
41 (f) The source of supply of any goods or property proposed to be sold or
42 orders taken for the sale thereof, where such goods or products are located
43 at the time registration is filed and the proposed method of delivery.
44 (g) A statement as to whether or not the registrant has been convicted of any
45 crime, misdemeanor or violation of any municipal ordinance of any
46 municipality other than traffic violations, the nature of the offense and
47 punishment or penalty assessed.
City Council Regular Meeting Minutes 10
June 8, 2004
Page 10
1
2 (h) The last municipalities, not to exceed five,where the applicant carried on
3 business immediately proceeding the date of the application and the
4 address from which such business wad conducted in those municipalities.-
5 (i) Written statement of permission from fee owner of property where
6 . transient sales are to be held.
7
8 1130.04 Exemptions. This Section does not apply to persons engaged in the following
9 activities:
10
11 (a) Selling personal property at wholesale to dealers in such property.
12 (b) Selling solely literature.
13 (c) Selling products of the farm or garden on the property on which the
14 products are grown and cultivated. A person claiming this exemption
15 must submit written-affidavit indicating that the products be sold were
16 grown in property where the sales are occurring.
17 (d) Calling upon householders in connection with regular route service for the
18 sale and delivery of perishable.daily necessities of life such as bakery
19 products.and dairy products.
20 (e) Calling upon households at the request of the householders.
21
22 1130.05 Proof of Registration. Upon receipt of a complete registration, the Clerk will transmit
23 the same to the Chief of Police for Approval. Every registration must bear the written
24 approval of the Chief of Police to be valid. Within five days after such registration,the
25 City Clerk will provide the registrant with a written certificate showing proof of
26 signature.
27
28 1130.06 Registration Not Transferable. No registration is transferable from one individual to
29 another. Each individual must be separately registered where more than one individual
30 is involved in the same type of activity even though associated with the same
31 organization.
32
33 1130.07 Practices Prohibited. No peddler, solicitor or transient merchant is permitted to call
34 . attention to the business or merchandise by crying out,blowing a horn, ringing a bell,
35 or by any loud or unusual noise. No peddler, solicitor, or transient merchant is
36 permitted to harass, intimidate, abuse, or threaten a person or continue to offer
37 merchandise for sale to any person after being told not to do so by that person.
38
39 1130.08 Duration of Registration. Each registration will be valid for a period specified and no
40 registration may extend beyond the 315`day of December of the year in which it is
41 granted.
42
43 1130.09 Exclusion. Any person who wishes to exclude peddlers, solicitors or transient
44 merchants from his or her premises may place upon or near the usual entrance to the
45 premises a printed placard or sign bearing the following notice:
46
47 "Peddlers and Solicitors Prohibited"
City Council Regular Meeting Minutes
June 8, 2004
Page 11
1
2 Such placard must be at least 3 3/4 inches long and 3 3/4 inches wide and the printing
3 must not be smaller than 48 point type. No peddler, solicitor or transient merchant may
4 enter in or upon any premises or attempt to enter in or upon any premises where such
5 placard or sign is placed.
6
7 1130.10 Revocation. Any registration may be temporarily suspended by the City Manager or
8 revoked by the Council for a violation of any provision of this Section. Before any
9 temporary suspension or revocation occurs, the registrant will be notified of the
10 violation and will have the opportunity to respond to it.
11
12 1130.11 Compliance with Zoning. Transient merchants must comply with all applicable
13 provisions of the City's Zoning Code.
14
15 1130.12 Investigation and Issuance.
16
17 (a) Upon receipt of each application, it shall be referred to the Chief of Police who
18 shall immediately institute such investigation of the applicant's business and moral
19 character, as he/she deems necessary including,but not limited to, a criminal history
20 and a wanted person's check with the Bureau of Criminal Apprehension for the
21 protection of the public good. Each applicant and agent of the applicant must sign
22 an"Informed Consent" acknowledging the reason for which the criminal
23 background is being completed.
24
25 (b) If as.a result of such investigation, the applicant's business and moral character are
26 found to be unsatisfactory, the Chief of Police shall endorse on such application
27 his/her disapproval and his/her reasons for the same, and return the application to
28 the City Clerk who shall notify the applicant that his/her application is disapproved
29 and that no permit shall be issued. Any applicant's business and moral character
30 may be found to be unsatisfactory for reasons including,but not solely limited to:
31
32 a. Fraud, misrepresentation, or incorrect statement contained in the
33 application for permit.
34 b. Past fraud, misrepresentation, or incorrect statement made in the course of
35 carrying on business as a solicitor, canvasser,peddler, transient merchant,
36 itinerant merchant or itinerant vendor.
37 C. Past conviction of any crime or misdemeanor involving fraud, theft, or
38 moral turpitude.
39 d. Conducting the business of a peddler, solicitor, transient merchant,
40 itinerant merchant or itinerant vendor, as the case may have been, in an
41 unlawful manner or in such a manner as to constitute a breach of peach or
42 to constitute a menace to health, safety, or general welfare of the public.
43
44 (c) If as a result of such in investigation, the business and moral character of the
45 applicant are found to be satisfactory,the Chief of Police shall endorse on the
46 application his/her approval and return the application to the City Clerk, who
47 shall deliver the permit to the applicant. Each peddler, solicitor, or transient
City Council Regular Meeting Minutes 12
June 8, 2004
Page 12
1 merchant must secure a personal permit. Each.person issued a permit must
2 carry it on his/her person while conducting or engaging in any activities
3 regulated hereunder. Any person other than the one to whom it is issued shall
4 not use the permit at any time.
5
6 City Manager Mornson recommended that the Council approve amending Ordinance 2004-003;
7 re: Peddlers, Solicitors and Transient Merchants.
8
9 Motion by Councilmember Horst, seconded by Councilmember Stille, to ap rove Amending
10 Ordinance 2004-003; re: Peddlers, Solicitors and Transient Merchants. (2" Reading) and waive
11 the third reading.
12
13 M_ otion carried unanimously.
14
15 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
16
17 Mr. Mornson stated they were conducting an open house on June 22, from 5:30—7:00 regarding
18 the result of the rehabilitation project.
19
20 Mr. Mornson updated the Council on the liquor store. He stated it would open on June 14, with
21 June 24 being an Open House night.
22
23 Mr. Mornson gave an update on the Silver Lake Redevelopment project.
24
25 Councilmember Horst stated the Community Services board had suspended meetings through the
26 summer.
27
28 Councilmember Stille stated Village.Fest was on August 7 at Central Park and the City could
29 still use some.volunteers on the Committee.
30
31 Councilmember Thuesen stated he had attended a Youth Baseball Tournament this weekend and
32 one thing that that complex had was the configuration of diamonds was much like the City's but
33 there was netting where the four diamonds met in the middle where the foul balls went. He
34 stated he believed this was a good idea and from a safety perspective;he believed this was
35 something the City should look at.
36
37 Councilmember Faust acknowledged Sue Hall's award from the Cable TV. He stated he had
38 attended the 30th Anniversary.of the Association of Metropolitan Municipalities of St. Paul and
39 they would be approving legislative issues as time went on. He summarized the differences
40 between the City of Zumbrota and the City of St. Anthony and recommended if Councilmembers
41 got the opportunity to visit other cities, that they take up that opportunity.
42
43 Mayor Hodson stated there was a Grand Opening of Central Park on June 29 from 6-8:30 p.m.
44 He noted Councilmember Faust and he had attended the Association of Metropolitan
45 Municipalities and noted this was an exciting meeting.
46
City Council Regular Meeting Minutes 13
June 8, 2004
Page 13
1 Councilmember Faust stated annexation was an issue that they never looked at in this Council,
2 but by going out and visiting with another community, you find out that there were issues out
3 there that they could be supportive of each other and there were common denominators they
4 could work on together rather than being divided at the Legislature.
5
.6 VIII. COMMUNITY FORUM.
7 Mayor Hodson invited residents to come forward at this time and address the Council on items
8 that are not on the regular agenda. Mayor Hodson stated that Roberts Rules of Order would be
9 followed during this Community Forum.
10
11 Mary Bonneville, 2801 Hilldale Avenue, stated she had lived in her home since 1960. She
12 indicated there was an apology made by the newspaper noting a misunderstanding. She gave her
13 reason for her letter to the editor. She stated she had researched Walmart from various
14 publications and she wanted future shoppers to know something about Walmart. She stated
15 regardless of how soon and how often they had said or printed Walmart, the message was not
16 getting out, except rumor. She noted the citizens had not been informed as well as they should
17 have been. She noted there was a great interest in talking about Walmart and in the future there
18 were groups planning to request meetings with the developer, Walmart, etc. to discuss
19 community issues such as gun sales, electronic cart controls, overnight RV parking, hours of
20 operation, delivery times, etc. She thanked the Council for their time.
21
22 Donna Kodet, 2517 St. Anthony Boulevard, inquired about the Ordinance regarding two dogs
23 per household. She stated while doing research into other municipalities, she found every city
24 she had contacted had the option to apply for a kennel license or a multiple animal license if you
25 wanted more than the number of animals that were allowed. She noted St. Anthony a multiple
26 animal licensing was not available for more than 2 dogs. She stated her personal reason for a
27 kennel license was a combined household where each person had more than one dog. The
28 second reason she is wanting this change is because she had a neighbor, that already had 2 dogs,
29 one being elderly. Her neighbor would like a third dog now before the elderly dog died, but
30 couldn't get one under the Ordinance. The third reason is simply people moving to St. Anthony
31 form another city where more than 2 dogs were permitted. She asked the Council consider
32 amending the Ordinance to allow more than 2 dogs per household.
33
34 Mayor Hodson requested staff to look into this and report back to Council.
35
36 Chris Addington, 2612 St. Anthony Boulevard, requested the Council look at the Ordinance
37 requiring rabies vaccinations for dogs every two years, while the State requirement was every 3
38 years. She expressed concern of over vaccination of animals and requested the City look at
39 changing its Ordinance to be in compliance with the State requirement. She stated she could
40 provide the City with literature, and Apache Animal Hospital was willing to meet with the City
41 to discuss this.
42
43 Mayor Hodson requested staff to verify the Minnesota Statute and report back to Council.
44
45 Ray Waldron, 2425 St. Anthony Boulevard, stated he was the closest neighbor that lived next to
46 Ms. Kodet and they also supported the Ordinance change to allowing the number of dogs to three
47 per household.
City Council Regular Meeting Minutes 14
June 8, 2004
Page 14
1
2 Paul Verrette, 3625 Coolidge, indicated he was a new resident to the Village. He stated one of
. 3 the reasons he wanted to move to St. Anthony was because of its mission and the serious interest
4 in good businesses and a walk able community. However, with the inclusion of Walmart that
5 was not consistent with the City's mission. He expressed concern about traffic issues and the
6 economic development impact. He requested in the future that if residents wanted copies of
7 documents, they received assistance from the City. With respect to economic development,he
8 requested they consider the cost of the development and the loss of development funds to the
9 City. He stated Walmart was not a responsible corporation and this development would have a
10 negative effect on home values. He stated there would be an immediate effect on long-term life
11 and the business relationship with Walmart being profit motivated. He urged the Council to look
12 at this and thanked them for the senior housing portion of the project.
13
14 Mayor Hodson reminded the audience that Roberts Rule of Order would be enforced at this
15 meeting and no applause or comments from the audience would be tolerated.
16
17 Kathleen Ryan, 30th and Johnson, stated she was a recent graduate of the University of
18 Minnesota and she had prepared a research paper on Walmart,which she wanted to leave with
19 the Council. She stated Walmart tried to get away with harming the Cities and all they cared
20 about was their profits. She stated Walmart strived to get the lowest price, so they required their
21 vendors outsource their work. She stated Walmart would create jobs,but at what cost. She
22 requested the Council look at another company other than Walmart.
23
24 A resident stated if she had wanted to live near Walmart, she would have moved to a City where
25 Walmart was located. She asked why the city was building for Walmart tax-free when Walmart
26 could afford to build a new store without financial aid.
27
28 Ted Dageford, 2612 Townview, stated he had been a long time resident in the City. He stated
29 the citizens did not want this project and he did not believe the City Council paid any-attention to
30 what the citizens wanted. He stated if Walmart came into the City, family businesses would be
31 put out of business. He expressed concern about the traffic,noise, and crime.
32
33 Julienne Wyckoff, Columbia Heights, stated she did not want Walmart anywhere around her.
34 She didn't want the impact to the road and I don't like the type of customers that go to Walmart,
35 even coming through Columbia Heights. She noted she had a neighbor who had worked at
36 Walmart part-time for 37 hours per week,just short of 40 hours, so she did not qualify for
37 benefits. She stated Walmart did not care about their employees. She stated there was a couple
38 of articles in the Northeaster but otherwise when she called she was not given any information
39 and would like to know why when going into the Cub Store in St. Anthony and other businesses,
40 the maps of the development and buildings you only put down"Discount Retailer." You don't
41 even put Walmart on the map. Are you trying to hide something? That is what she is thinking.
42 That is all she'd like to say, I don't feel you have been completely honest.
43
44 Jill Miel, 3624 Penrod Lane, stated she was a long time resident and in the past 25 or 30 years,
45 and she has not previously been before the City Council. She stated she liked this community for
46 its diversity and she hoped to stay for many more years. She asked what they had approved
47 regarding the gambling. Mayor Hodson replied there was a revision of the Ordinance regarding
City Council Regular Meeting Minutes 7 5
June 8, 2004
Page 15
1 charitable gambling reestablishing the wording of that Ordinance. He noted they would not be
2 adding any gambling to the City.
3
4 Jill Miel, asked if the Walmart decision was a done deal. If so, what would the fine be if the City
5 backed out of it. Mayor Hodson stated he would be addressing this after all comments were
6 heard.
7
8 Lona Doolan, 3511 Harding Street, stated she lived in the City for 17 years.and opposed the
9 Walmart proposal. She indicated she did not shop at Walmart because of the corporate culture
10 they conveyed. She stated she had never seen it published in the Citys' Newsletter that the City
11 was even considering a Walmart and she was disappointed to hear that the City had not conveyed
12 this information to the residents. She stated Walmart did not pay their employees enough to
13 make a livable wage and questioned who in the City would want to work there because of their
14 low wages. She stated she supported the small family businesses.
15
16 Vicki Shea, 3121 Edwards Street, stated she had lived in the City since 1975. She stated she did
17 not have a problem with Walmart. She noted small businesses had already left the City because
18 nobody shopped Apache Plaza anymore. She indicated this was the way it had become with
19 large super stores. She stated she was looking forward to shopping at Walmart and knew there
20 were other people who were happy Walmart was coming into the community, even though they
21 were not at this meeting tonight. She stated the people who opposed this, should not shop there
22 and then Walmart would leave the community.
23
24 Mayor Hodson closed the community forum.
25
26 Mayor Hodson thanked everyone for his or her comments. He stated there this development was
27 four years in the making and this had brought many challenges and opportunities with the City.
28 He sated the reality of it was, that the PUD whether it was a Walmart,Kmart or Target, anyone
29 of them could have come in and purchased the property and put a building in because it was
30 zoned for that use. He stated they could have put it into a development that the Community
31 would not like or approved. He stated as a PUD, the City raised the standard of the build out and
32 they could not chose what business went on the cite because it was illegal and against the law to
33 discriminate in this way. He stated if the residents did not like the development, he encouraged
34 them not to shop there. He stated the development was fully committed and there would be
35 severe financial consequences and lawsuits involving the City. He stated they had recently
36 found out from the developer that this was going to be a Walmart. He stated Walmart was
37 willing to pay more than the other retailers were willing to pay. He stated small retailers would
38 be in the project, but there was nothing further to be done other than residents voicing their
39 opinion to Walmart by not shopping there.
40
41 IX. INFORMATION AND ANNOUNCEMENTS.
42 None.
43
44 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
45 None.
46
47 XI. ADJOURNMENT.
City Council Regular Meeting Minutes 16
June 8, 2004
Page 16
1 Mayor Hodson adjourned the meeting at 8:05 p.m.
2
3 Motion carried unanimously.
4
5 Respectfully submitted,
6
7
8 Kathy Altman
9 TimeSaver Off Site Secretarial, Inc.
10
11 Mayor
12 ATTEST:
13 City Clerk
17
Saint Anthony Village
DATE: June 22, 2004 Approved:
T0: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Northland Fire and Security, Inc., Edina, MN
Multi-Dwelling License:
Autumnwoods Apartmetns, 2600 Kenzie Terrace
D &J Properties, 3721 Chandler Drive
Highcrest Manor, 3605 to 3615 —37th Avenue NE
Heating Contractors License:
Metropolitan Mechanical Contractors, Eden Prairie, MN
River City Sheet Metal,Inc., Coon Rapids, MN
United States Mechanical, Inc., Blaine,MN
Automatic Garage& Door&Fireplace, Champlin, MN
Kath HVAC, Little Canada, MN
P &D Mechanical Contractors
Royalton Heating& Cooling, Brooklyn Park, MN
Daves Heating&Air, Columbia Heights,MN
Yale Mechanical Inc., Bloomington, MN
Hokanson Plumbing&Heating,Blaine, MN
Home Energy Center, Plymouth, MN
Suburban Air Conditioning, Fridley, MN
Master Mobile Home Service,Inc., Blaine, MN
Golden Valley Heating&Air, Crystal, MN
Gilbert Mechanical Contractors, Inc., Edina,MN
Thermex Corporation, St. Louis Park,MN
Heating& Cooling Two Inc., Maple Grove,MN
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/16/2004 06: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
008964 ACCLAIM BENEFITS 23390 06/23/04 57.69
004293 BELLBOY CORP. 23391 06/23/04 983.00
002380 CENTERPOINT ENERGY MINNE 23392 06/23/04 81.42
004065 CENTRAL LOCK 6 SAFE CO 23393 06/23/04 232.25
004080 CHISAGO LAKES DIST. CO., 23394 06/23/04 955.80
008814 CITY WIDE WINDOW SERVICE 23395 06/23/04 46.86
009085 CONSTANT CONTACT SUITE 23396 06/23/04 54.00
004120 EAGLE WINE CO 23397 06/23/04 2,037.88
004125 EAST SIDE BEVERAGE CO 23398 06/23/04 13,185.15
001030 G & K SERVICES INC 23399 06/23/04 108.94
004172 GRAPE BEGINNINGS, INC. 23400 06/23/04 97.00
004175 GRIGGS COOPER 6 CO INC 23401 06/23/04 12,044.61
004207 HOHENSTEIN-S, INC 23402 06/23/04 1,617.85
004220 JOHNSON BROTHERS LIQUOR 23403 06/23/04 - 18,305.40
004230 KUETHER DISTRIBUTING CO 23404 06/23/04 14,255.80
002040 LILLIE SUBURBAN NEWSPAPE 23405 06/23/04 776.00
008254 LMCIT % BERKLEY ADMINIST 23406 06/23/04 1,380.75
004265 MARK VII SALES INC 23407 06/23/04 5,181.85 .
004263 MARKET AMERICA CORP. 23408 06/23/04 600.00
002230 MENARD LUMBER 23409 06/23/04 392.95
008494 MINNESOTA MUNICIPAL 23410 06/23/04 150.00 -
004299 MPLS. OXYGEN CO. - 23411 06/23/04 11.23
009084 MUZAK - NORTH CENTRAL 23412 06/23/04 2,018.18
008996 NEEDHAM DISTRIBUTING CO 23413 06/23/04 257.65
008946 NEXT DAY GOURMET 23414 06/23/04 478.13 -
004354 PAUSTIS S SONS 23415 06/23/04 1,566.24
004360 PHILLIPS WINE & SPIRITS _ 23416 06/23/04 21,407.09
004361 PINNACLE DIST. 23417 06/23/04 906.73
004376 PRIOR WINE CO 23418 06/23/04 2,163.49 _
004385 QUALITY WINE CO 23419 06/23/04 5,846.59
008219 QWEST DER 23420 06/23/04 196.00
008983 SOULO DESIGN, INC 23421 06/23/04 113.75
008969 STAN MORGAN & ASSOCIATES 23422 06/23/04 7,545.53
008316 WINE COMPANY/THE 23423 06/23/04 308.00
009076. XCELERATED COMPUTER SOLU 23424 06/23/04 964.80
003840 ZEP MFG COMPANY 23425 06/23/04 725.75
LIQUOR CHECKING ACCOUNT 117,054.36 ***
M
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/16/2004 07: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA -
008964 ACCLAIM BENEFITS 22772 06/23/04 204.81
009081 ACTION AUTO PARTS 22773 06/23/04 470.28
008242 AFFILIATED COMPUTER SERV 22774 06/23/04 2,800.00
008967 ALL-WOOD PRODUCTS 22775 06/23/04 100.00
008621 ALLIANCE MECHANICAL 22776 06/23/04 7,495.00
008450 ANIMAL CONTROL SERVICES, 22777 06/23/04 226.51 -
007201 APACHE GROUP 22778 06/23/04 577.39
008909 ARCH WIRELESS 22779 06/23/04 21.81
008237 ASPEN MILLS 22780 06/23/04 289.00
009018 BCA - BTS 22781 06/23/04 45.00
007322 BERGER TRANSFER & STORAG 22782 06/23/04 342.46 -
007168 BOYER FORD TRUCKS, INC. 22783 06/23/04 322.51
007157 BROCK WHITE COMPANY, LLC 22784 06/23/04 144.35
008652 CARTRIDGE CARE 22785 06/23/04 498.76
000610 CATCO 22786 06/23/04 282.68
002380 CENTERPOINT ENERGY MINNE 22787 '06/23/04 5,442.87
.00001 CHARLES CABINET CO. 22788 06/23/04 66.00
009056 CITY OF ROSEVILLE 22789 06/23/04 106.49
008577 CITY OF ST. PAUL 22790 06/23/04 188.64
004107 COMPTON'S COMMERCIAL CLN 22791 06/23/04 4,015.05
000815 COTRONEO/DOMINIC 22792 06/23/04 66.41
000785 DALCO 22793 06/23/04 70.51
000800 DAVIES WATER EQUIP CO. 22794 06/23/04 425.64
008834 DEMPSEY'S STUMP SERVICE 22795 06/23/04 159.75
001411 DON-HARSTAD CO., INC. 22796 06/23/04 85.00
008921 DYNAMER 22797 06/23/04 16.90
008840 ENTRUST IT 22798 06/23/04 382.50
008153 FILTERFRSH 22799 06/23/04 147..06
.00006 FIRST AMERICAN TITLE INS - 22800 06/23/04 380.00
.00002 FRANK'S DENT REPAIR, INC 22801 06/23/04 75.00 -
008647 FRATTALLONE'S HARDWARE 22802 06/23/04 140.38
001030 G & K SERVICES INC 22803 06/23/04 277.47
.00001 GETTER/HARRIET 22804 06/23/04 12.00
001145 GLENWOOD INGLEWOOD 22805 06/23/04 62.56
001250 GRAINGER INC/W W 22806 06/23/04 136.74
.00003 HARBOR FREIGHT TOOLS 22807 06/23/04 47.69
001420 HAWKINS WATER TREATMENT 22808 06/23/04 98.83 -
008924 HCMC EMS EDUCATION 22809 06/23/04 600.00
008221 HEDBACK,ARENDT, & CARLSO 22810 06/23/04 5,000.00
008944 HENN CNTY INFO TECH DEPT 22811 06/23/04 2,114.03
008376 HENNEPIN CNTY SHERIFF'S 22812 06/23/04 963.32
008987 HENNEPIN COUNTY TREASURE 22813 06/23/04 2,142.00
008252 HOME DEPOT CREDIT SERVIC 22814 06/23/04 287.71
.00004 IMPACT PRINTING 22815 06/23/04 100.00
008658 INSTRUMENTAL RESEARCH, I 22816 06/23/04 76.50
008024 JEMS 22817 06/23/04 29.97 -
008349 JOHN'S SOD 22818 06/23/04 260.55
.00002 KACZOR/ANTHONY 22819 06/23/04 18.59
1
A
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/16/2004 07: Check Register GL540R-V06.60 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
007225 LEROY SIGNS 22820 06/23/04 1,830.00
002040 LILLIE SUBURBAN NEWSPAPE 22821 06/23/04 . 32.55 -
008254 LMCIT % BERKLEY ADMINIST 22822 06/23/04 16,976.50
, 002125 MALENICK/JOHN 22823 06/23/04_ 49.99
002160 MARSHALL CONCRETE PROD 22824 06/23/04 847.75
007348 MC COLLISTER & COMPANY 22825 06/23/04 683.01
008279 METRO COUNCIL ENVIR SERV 22826 06/23/04 4,009.50
007835 METROCALL 22827 06/23/04 23.27
008467 MIDWAY FORD 22828 06/23/04 1,157.50
002280 MIDWEST ASPHALT CORP 22829 06/23/04 428.31
008269 MINNESOTA SHREDDING LLC 22830 06/23/04 36.00
008808 MN CITY COUNTY MGMT ASSO 22831 06/23/04 136.95
007076 MOODY'S INVESTORS SERVIC 22832 06/23/04 2,000.00
008232 MPH INDUSTRIES, INC. 22833 06/23/04 2,987.35
002395 MTI DISTRIBUTING, INC 22834 06/23/04 53.34
008946 NEXT DAY GOURMET 22835 06/23/04 200.73
008993 NEXTEL COMMUNICATIONS 22836 06/23/04 0.21
005294 NORSK CONCRETE CONST 22837 06/23/04 968.00
008350 NORTHERN TOOL & EQUIPMEN 22838 06/23/04 191.68
008761 NRG PROCESSING SOLUTIONS 22839 06/23/04 360.00
000045 OFFICE DEPOT 22840 06/23/04 1,024.35
.00003 OLIVEIRA/SILAS 22841 06/23/04 8.30
001230 ONE CALL CONCEPTS, INC. 22842 06/23/04 167.90
008528 PACE ANALYTICAL SERVICES 22843 06/23/04 311.00
008805 PETTY CASH-- BREMER BANK 22844 06/23/04 114.42
002880 PITNEY BOWES INC 22845 06/23/04 261.04
004372 PLUNKETT'S 22846 06/23/04 43.13
004492 QWEST 22847 06/23/04 240.13
.00007 SCHMIDT/LOU ANN 6 NANCY 22848 06/23/04 750.00
003350 SEH 22849 06/23/04 351.25
003315 SL-SERCO 22850 06/23/04 200.00
.00004 SPECIALIZED SPORTS 22851 06/23/04 575.00
001810 ST. ANTHONY VILLAGE KIWA 22852 06/23/04 25.00
007304 STEPP MFG. CO., INC. 22853 06/23/04 5,644.50
003490 STREICHER'S 22854 06/23/04 1,252.08
008626 SURPLUS SERVICES 22855 06/23/04 5,112.00
008700 TC WEB TECH 22856 06/23/04 663.00
.00005 TIRES PLUS 22857 06/23/04 160.80
008907 TOUSLEY FORD 22858 06/23/04 171.72
003560 TRACY PRINTING 22859 06/23/04 466.68
008561 UNITED RENTALS COMPANY 22860 06/23/04 118.69
009023 US INTERNET 22861 06/23/04 62.50
008227 VERIZON WIRELESS, BELLEV 22862 06/23/04 60.46
.00005 W.D LARSON COMPANIES LTD 22863 06/23/04 - 22.37
004494 WASTE MANAGEMENT - BLAIN 22864 06/23/04 185.30
002680 XCEL ENERGY 22865 06/23/04 15,388.44
009077 XCEL ENERGY 22866 06/23/04 7,600.00 -
BREMER BANK NA 111,769.42 ***
o
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/16/2004 14: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
008602 CROWN TROPHY 22867 06/23/04 1,548.51
009069 MAGNEY CONSTRUCTION, INC 22868 06/23/04 69,066.90
.00001 PAVELKA/DON 22869 06/23/04 190.30
008805 PETTY CASH - BREMER BANK 22870.06/23/04 200.00
006876 S.M. HENTGES 6 SONS, INC 22871 06/23/04 63,161.16
008858 VEIT & COMPANY 22872 06/23/04 29,933.28
008273 WSB 4 ASSOCIATES, INC. 22873 06/23/04 34,497.23
BREMER BANK NA 198,597.38 ***
N
WL
22
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 04-048
APPROVING AN AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR THE
ST. ANTHONY SHOPPING CENTER
WHEREAS, at a public hearing held on June 15, 2004, .the St. Anthony Planning
Commission recommended Council approval of the following amendment
to the Comprehensive Sign Plan at St. Anthony Shopping Center.
1. To allow two additional colors that of Deep Plum and Golden
Brown;
2. the letter returns will be natural aluminum in color; and
3. the plan is consistent otherwise overall with the St. Anthony
Shopping Center Comprehensive Sign Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the request for an amendment to the Comprehensive Sign Plan for the
St. Anthony Shopping Center, with the findings and conditions made by the St. Anthony
Planning Commission.
Adopted this 22nd day of June, 2004.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
23
MEMORANDUM
DATE: 06/09/04 MEETING DATE: 06/15/04
TO: Chair Stromgren & Planning Commission Members
FROM: Susan M.H. Hall, Assistant City Manager
SUBJECT: Hennepin County/St. Anthony Library Signage
Requested Action:
Review the Hennepin County/St. Anthony Library sign plan and recommend approval of
the colors, etc., for inclusion into the St. Anthony Shopping Center Comprehensive Sign
Plan.
Background:
The Hennepin County/St. Anthony Community Library is requesting an amendment to.
the Comprehensive Sign Plan at the St. Anthony Shopping Center to allow for sign
colors that are not included within the .existing Shopping Center criteria. The prospective
colors were reviewed and approved by the property owner, Al Esther.
The logo for the Hennepin County Library system has been redefined and with that, they
would like their St. Anthony location to have the updated look.
The Hennepin County/St. Anthony Community Library sign plan shows illuminating
colors with the library name and logo in deep plum during the day and white at night.
The golden brown logo accent pieces are not illuminated. Currently, deep plum and
golden brown are not acceptable colors for the St. Anthony Shopping Center's
Comprehensive Sign Plan.
The petitioner states that the letter. returns will be natural aluminum in color. Per the
Comprehensive Sign Plan, "All letter returns shall be formed from aluminum in minimum
thickness of .040 inches. Depth of channels shall be 6 inches. All interior surfaces must
have a splash coat of white for reflective purposes. Outside color will be Dupont 4296d-
99 Cream." The original Sign Plan also has specifics on letter backs and letter faces.
The petitioner should clarify which of these specifications will be met and how their plan
deviates from it.
The original sign criteria mention the following accepted colors: red, blue, green, and
orange. On August 23, 2003, the City Council approved a resolution adding yellow and
.white lettering to the St. Anthony Shopping Center Comprehensive Sign Plan. In
addition, other criterion was approved concerning logo signage (see attached).
Attachments:
Application for Comprehensive Sign Plan
Sign Criteria for St.Anthony Shopping Center
Resolution 03-094
05/26/2004 10:00 FAX 612 781 9323 CITY OF ST.ANMONY
24
DATE: FEE: 150.00
CITY OF ST. ANTHONY
APPLICATION FOR COMPREHENSIVE SIGN PLAN
St�N7�4bN� .
APPLICANT: } i��IL"PrAI cr�u N � �I�,��f Ry PHONE: q��-8 7 —6 °75
ADDRESS: P(-N to 6b rc pp_i vc
Status of applicant (owner, renter, agent, etc.): �� F
Location of property where application is made: agOb PENT-A&Ok )kU0Ju
5T ft N rt�{-a�l`f V t �A r� v�nN•.
Zoning district in which property is located: Commercial
PLEASE INCLUDE DETAILED PLAiv(S)/DRAWING(S).
BACKGROUND: A comprehensive sign plan must be provided for the whole of a shopping
center or-'strip mall., This plan includes the location, size, height, color, lighting and
orientation of all signs, and must be submitted for preliminary plan approval. When a
comprehensive plan is presented, exceptions to the regulations of the Sign-Ordinance may
be permitted if the sign areas and densities.for the plan as a whole are in conformity with
the intent of the Sign Ordinance and if such exception results in an improved relationship
between the various parts of the plan as determined by the Council. Comprehensive Sign
Plans will be reviewed by the City Planning Commission who will forward a recommendation
to the Council on the appropriateness of the proposed plan.
SIGNATURE OF APPLICANT..
• /ltfp+/siGE�t r FNT�
25
VisualCommunications
475 Cleveland Avenue N., Suite 223,Ivy League Place,St Paul,MN 55104
26 May 2004
Sign Design St. Anthony Village
Administrative Offices
3301 Silver Lake Road
St. Anthony, MN 5541 5-1699
RE: Hennepin County/St. Anthony Community Library
Application for Amendment to Comprehensive Sign Plan
Attention: Planning Commission
Wayfinding City Council Members
This letter is regarding the request of the Hennepin County/St. Anthony Community
Library for an amendment to the Comprehensive Sign Plan at the St. Anthony Shopping
Center to allow for sign colors that are not included within the existing Shopping Center
Criteria. The prospective colors were reviewed and approved by the property owner, Al
Esther.
The logo mark and the identity mark of the "Hennepin County/St. Anthony Community
Consultation Library" has been redefined and updated for it's twenty — three countywide libraries.
The new colors are in process of change at all county libraries to increase the notice
ability, public awareness, and quality of this public resource.
The colors in question are the faces which will be deep plum during the day; while
illuminating white at night. Two logo accent pieces in golden brown are not illuminated.
The return colors are also unique to the existing criteria in that the returns will be natural
aluminum casting a contemporary and fresh look consistent with the library interior and
Specification the exterior storefront design.
The St. Anthony / Hennepin County Library-respectfully requests an amendment to the
existing Shopping Center Sign Criteria to include the following:
1. Lettering may be Plum — PMS 262 by day and light up white by night with 3M
perforated vinyl (see attached sample).
Identity Design 2. Letter returns may be natural aluminum in color.
The granting of this amendment will not be detrimental to the public welfare or .
injurious to other property in the neighborhood or village.
Please note that other storefronts in the center have successfully established the need for
amendments based on their brand colors (Subway and Dairy Queen). The new identity
for Hennepin County/St.Anthony Community Library identification will add to the
651.644.4494 shopping centers positive image within the community.
Fax 651.644.4 89 Thank you for your time, please call with any questions at 651.644.4494.
vl®visualcomm.com
Richard M. Lang
VISUAL Communications Inc.
Principal
57'-0"+/- o
N I I
FGNA.r11
lIA,a.a`
County
Les
n"6 •)- ; Information
I j r= � Sigllage
�k+ Identification
&Hom
P Imo`, r
t ,� �
sf t 1�M,1
1 MAIN ENTRANCE IDENTIFICATION SIGN REFER TO PAGE 3 HOURS SIGN FOR DETAILS
VISUAL
SCALE: 1/4"=l'-O" Communications
12"&6"+/-INTERNALLY ILLUMINATED CHANNEL LETTERS. 475 C l e v e l a n d
RETURN AND EDGIi IUM SATIN ALUMINUM. Avenue North
FACE 2 COLOR ILLUMINATED FILM(PLUM-PMS 262 BY DAY,WHITE BY NIGHT)WITH S u I t e 2 2 3
3M PERFERATED VINYL. FINISH INSIDE OF CHANNELS WITH 3M LIGHT
ENHANCEMNT FILM. Ivy league Place
15"X 32"+/-LOGO PANEL INTERNALLY ILLUMINATED CABINET. S a i n t Paul
RECURN,EDGETRIM&OPAQUE FACE TO MATCH P M S 26Z M i n n e s o t a
"HAPPY READER"GRAPHIC TO BE ROUTED. GRAPHIC TO BE TRANSLUCENT WHITE.
5 5 1 0 4
FABRICATED NON-ILLUMINATED DECORATIVE VERTICAL AND HORIZONTAL
BAR RETURN AND EDGE FINISH MATTE TO MATCH PMS 1605(GOLDEN BROWN). 612-644-4494
Fax 644-4269
Project 02.09.04
Date: 004/03/03
LOCATION PHOTO �r 5/20/03
001 NTs
Page:
�1
Jun 03 04. 12: 06p Al Esther 952-249-0493
. .. - a 27
i 6 d
Ta
tA
SIGN CRITERIA
FOR
ST. ANTHONY SHOPPING CENTER
GENERAL-The Sign Criteria as set forth herein, shall govern all outdoor
si.gnage to be used or displayed by -the Tenants of "ST. Anthony Shopping
Center", This will- insure quality signing throughout the Center, while
maintaining pleasing architectural standards and fairness to all tenants.
Consideration will be given to allowing maximum flexibility of sign designs,
individuality and creativity within the limits described below:
Sign Criteria/Specifications-All Tenant signs must be designed, fabricated and
installed to comply with the following criteria and specifications:
1. All Tenant .signs must be individtially illuminated neon channel letters
with plastic translucent faces. Painted faces are not acceptable_
2. Signs shall be limited to the wording necessary to describe the business
trade name and/or logo, or logo type. Type styles will not be
restricted, providing that they are legible, or within ' the size and
limitations described below and meet the Lessor's approval.
3. Tenants will • be allowed one
Elevations exceeding 60 Linear feet my have aesec second sign, also esubject
to Lessor's approval.
4. Unless unusual circumstances warrant special permission from .the Lessor,
the signs shall be limited to a single line, the 'total width of which
shall not exceed 80% of the Tenant's store front- width. The minimum
letter height shall be 16". The minimum stroke width shall be 3 3/8".
a. Letter Channels. (Returns)-A11 letter returns shall be formed from
aluminum in minimum thickness of .040 inches, Depth of
channels shall be 6". All interior surfaces must have a splash coat
of white for reflective purposes. Outside color will be Dupont
4296d-99 Cream.
b. Letter Backs-Letter backs are to be made of aluminum of the same or
greater thickness as that of the letter channels. Armorply,
plymetal, foam, styrene, or any other inflammable material shall not
be used under any circumstances.
C. Letter Faces-All letter faces are to be pigmented Plexiglas, or
equal acrylic sheets with a minimum thickness of .125 inches.
d. Face Retainer-All letter faces must be attached to the letter
channels using trimcap material, (1 inch) trim color gold.
Jun 03 04 12: 06p Al Esther 952-249-0493
28
6. Installation .
a. • There are 3 or more rows of SGR-8961 extruded aluminum channels
embedded in the background, 13" inches center to center running the
full length of the sign area. .
b. The letters are to be attached to those channels using STD No. 33.10
snap-in clips' furnished by the sign contractor_ (Except for the
letter I, all letters shall have a minimum of three clips, although
more clips may be requireci,• depending upon the size of the letter. )
C. No letter attachment holes through the SGR-8961 channels and no
welding to those channels will be permitted.
7. Electrical Requirements
a. Letters shall be internally illuminated with neon tubing, 15MM, or
13MM using 30. MA transformers for neon illuminated letters and 60 MA
. -transformers for for Argon illuminated letters.
b•. The required transformers shall be mounted on the back side of the
fascia directly behind the letters and housed in a sheet metal box
7" X 7" X 18". The secondary wiring (GTO-15) running from the
transformer to a letter will be contained in 1/2' Liquid tight flex
conduit. That conduit shall be mechanically fastened to both the
transformer box and the back to the letter track, by the use of
Appleton 1/2" Connectors, #ST-50 or Equal. No holes shall be
drilled in the SGR-8961 channel for any purpose except for running
secondary wiring from the letter to the transformer. Those holes
shall be 7/8 inches in diameter in order that, at a later date, they
may be plugged with .a standard snapin blank for 1/2 inch knock outs,
Appleton #S50 or equal.
c. All wiring pertaining .to the transformers, the SGR-8961 channels,
and the letters shall be done in accordance with the latest edition
Underwriters Laboratories Inc.' Standards ;for Electric Signs and
bear the required U.L. Labels. The use of P-K, or similar, neon
electrode receptacles will not be permitted.
d. No penetrations for attachments in the finished fascia surface will
be permitted under any circumstances
Jun 03 04 12: OGp Al Esther 952-249-0493
29
S. Approval
Tenant shall submit two (2) drawings to the Lessor for written approval,
prior .to the fabrications of any sign. Lessor must also approve Tenant's
Sign Contractor as having previously met the criteria for performing
acceptable job standards over a period of not less than three years to
assure compliance with our specifications. Any construction accomplished
by the Tenant or Sign Contractor, without having the Lessor' s written
approval and not in compliance with these specificaLiuris will be done at
the tenant's own risk. Tenants are free to select any Sign Contractor
they choose, subject to Lessor's approval. Lessor suggests that Tenants
select Sign Contractors willing to give acceptable warranties on their
work.
A. All returns on letters will be painted with. Cream Dupont 4296-D99.
B. Trim cap will be 1" gold
C. The acrylic face color of all letters shall be one of the following:
a. Red Rohm & Haas Plexiglas 241.5
b. Blue 2114
C. Orange " 2119
d. Green 2030
D. Special clips STD No. 33.10 will be used to mount the letters. Snap-in
channel covers STD. No. 33.20 will be used to meet the Underwriters
Laboratories requirements. Both of these items are manufactured by
Signgraphics.
Jun 03 04 12: 07p Al Esther 952-249-0493
_._. 30
ALL HI- TENSCON
CABFLS SNAPPED I
INTO TOP GROOVE INSTALL SNAP-IN
(TO ASSURE; T'IGNF CLIP t3Y PLACING IT
FRICTION F17711JG, IN LOWER GROOVE AND
WRAP SPOTS APFFCX:' THEN PULL )•NG
B" C. C. WITH ELF-C, - FORWARD AS SHOWN
TAPE)
+-20 X I„ RD. HD,
RIBBED NI=CK M. S.
y �
ALUM. LCTTER ` ' I' LONG SNAP- I N
TRACK SGR - 8961 . CLIP S.TD. N0, 33.10
- ALUM, FASCIA
VIA 411-
5NAP - I N CLIP DETA ) L
�----
2 0 .LIQUID -
TIGHT PLEA, 3"0, WAS RERS
CONDUIT
SNAP - I N COVER
STD. NO. .33, 2-0 USED
BETINEE N L-CTTER3
AS NEEDED TO COVER
ALL HI -TENSION
c A b L r=s
z 0 CONNECTOR
A PPLE70N ST-50
.OR EQUAL "
W ) R1 N•G COVE ) ' DETAI L
51.GN CRITER"fA APPENDIX A
5T. ANTHONY 5HOPPI NG'.. . CE.NTER
DETAI LS FOR LETTER TRACKS 5SR-57GI
DESIGNED POP, U.L. APPROVED WIRINQ
10071 MILLER RD, • P. O.SOX 38668
DALLAS, TEXAS 75238 5 CA L E pA T E D WO. N 0.
214134"131 _ FULL 51 Z:E � - 15- 5?. 1E N G 13 G G
Jun 10 04 08: 07a Al Esther X45—u45:i
31
ST.ANTHONY SHOPPING CENTER LLC Post Office Box 555 Wayzata,Nfmnesota 55391
June 7, 2004
Susan M. H. Hall
City of St.Anthony
3301 Silver Lake Rd.
Minneapolis,MN 55418
Re: Hennepin County Library request for amendment to the Comprehensive Sign Plan
Dear Ms. I-faIl:
St.Anthony Shopping Center LLC approves of the request by the Hennepin County Library for an
amendment to the Comprehensive Sign Plan for the St.Anthony Shopping Center.
Please contact me if you need any further assistance.
Very truly yows,
Al Esther
Principal
Direct Phone: (612)741-6469
Direct Fax: (952)249-0493
VO�I
W12004 5:13 PM
32
Date: June 7, 2004
To: St. Anthony Planning Commission
From: Perry Thorvig, City Planning Consultant on Silver Lake Village
Subject: Hunt/Pratt's Condominium Project at'Silver Lake Village
Requested Action: Approval of the Final Plans and Final Plat for the Hunt/Pratt
Condominium Project at Silver Lake Village.
Background
It is required that the Planning Commission review the final plans for the Hunt/Pratt
condominium development and make a recommendation to the City Council to approve,
approve with suggested modifications, or reject the plans.
The criterion that the Planning Commission should use to make the recommendation is
the consistency of the final plans with the concept that was approved last September.
The concept (Preliminary Development Plan)that was approved last year is reflected in
the Design Framework Manual dated August 19, 2003 and the Preliminary Site Plan
dated 8/8/03. It shows the four condominium buildings being located north of the
Dominium rental building.
If approved, the developer expects to begin construction in the fall.
Finding of Consistency of Current Proposal with Preliminary Development Plan
Building Location and Lot Coverage—The final plans show four modified U-
shaped buildings facing each other. A central open space spine separates the
buildings. The lot coverage and locations are the same as in the preliminary plan.
Building Appearance—The height of the building is four stories. Height varies
from a typical 50 foot height to a maximum of 60 feet in some end locations. The
height has remained the same as in the preliminary plan. The buildings' exterior
appearance is also basically the same. The design details show brick facing on
the lower three floors with stucco/stucco board on the upper floor. The exterior
materials are intended to be complimentary to the commercial developments in
the PUD and to the Dominium building.
The roof will be flat with parapet walls.
Building Density—The number of apartment units has decreased from 256 to
251.
33
Types of Units—Three-hundred eighty people are expected to reside in the 251
units. There will be a mix of one bedroom, one bedroom with den, two bedroom,
and two bedroom with den units. All of the units will be for sale.
Affordability—All of the units are expected to be market rate units. None of
them are expected to be affordable to households with median incomes less than
50% of AMI.
Parking Spaces—There will be 89 parking spaces (1.4 spaces per unit) in each
garage. That amounts to 356 spaces for the four buildings. In addition, there are
64 outside spaces on private property. The total amount of spaces is 420 (1.7
spaces per unit). There are 22 spaces along 39`h Avenue that cannot be credited to
the development because they are in the public right-of-way and can be used by
anyone.
Planner's Analysis and Comments
A PUD allows flexibility because of the large nature of the use. Some flexibility from
normal city requirements is needed in order to approve this development.
Parking-The number of parking stalls is less than would normally be allowed by
code. Normally-502 spaces would be required. Four hundred and twenty are
being provided. There are 22 spaces along 39th Avenue. However, these are on
public right-of-way and cannot be used to satisfy parking requirements for the
project.
The developer has done several buildings similar to these. His experience is that
many units are purchased by single individuals who live alone or, senior couples
where there is just one driver. Therefore, the 1.7 spaces per unit is expected to be
adequate.
Appearance—The exact colors have not been defined yet. However, the color
rendering indicates a rusty brick color compatible with other buildings in the
PUD. The colors should be clarified by the time the Council approves the plan or
delegated to staff in the same way the final approval of the materials was left to
staff for the Wal-Mart building. '
Final Plat—The final plat is in conformance with the PUD and meets all the
platting requirements of the City of St. Anthony.
Summary
It is recommends that the Planning Commission recommend approval of the Final
Development Plan subject to the condition that that the color of exterior materials on the
building be clarified prior to approval by the City Council. It is also recommended that
the Planning Commission recommend approval of the final plat.
UO/V1/LUV4 1Z;00 rtL& 014 101 VOeO tiii VC Di Al`ILIIVl\I t(7JUVC
. t
34
Date:
Fee:
CITY OF ST. ANTHONY
APPLICATION FOR SUBDIVISION/PLAT APPROVAL
Applicant:A" Lo Pedell f��� �C Phone:
Address LUVd1 ) }3lilo, Iffl) �c t 5 , HAJ
Status of Applicant (Owner, Buyer, Renter, Agent, etc.): 04 )')i er
Present Legal Description of'Property to be Affected:--t52P_P
P 64
Proposed i2egal Description of Property to be Affected: 16 I-Vhru
Io 5
Street Address:'
Zoning District in Which Property is Located: �� 1
Specify Any Necessary Easements: j0ra .)7)a 'II 624'?d Lj AZ4&
Area of the-Plat/Subdivision: �-
Number of Parcels:
Attach a copy of the proposed plat showing the proposed name of the plat; the
location within the City, the names of the present owners, the scale, the date of
preparation,the noithpoint, surrounding property, all public utilities and easements and
other such necessary information or documentation as is requested by the City
Manager or the subdivision/platting ordinance. . .
06 -08 -04 '*150 o00CK
35
LAND DESCRIPTION:
Lots 1 and 2, Block 1, HUEBSCH ADDITION, .according to the recorded plat thereof;
And
Lot 4, Block 1, APACHE PLAZA, according to the recorded plat thereof;
And
Lots 4 and 5, Block 1, SILVER LAKE VILLAGE, according to the recorded plat thereof;
And
Vacated Apache Lane, APACHE PLAZA, according to the recorded plat thereof.
(All situated in the City of Saint Anthony, County of Ramsey, State of Minnesota).
corDatwnn��� SILVER LAK�
CONDOMINIUMS
OOJER9TORY TIrEEB �r.1o�w
o6c wnloel nr
MUMENTAL AID M>ERSTORT TREE5
ffi rw.umm,eeluc mnlni:
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6
39TH AVENUE p WRLBy9
- 1LM.1L6 u __
tfI1L 14610 m. .ri.ur• �. +��
Ia.mmn mnw ccwcrmon enDln 1a1n 1ua.1n m. 6ao..vs�
i
maim maim
I
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P
. alasrs +om.m
PRELIMINARY SET
NUT FOR
CONSTRUCTION
5/18/2004
III HOW.
i oaoamn ena.n ., - cwporoan emo.o Du
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LANDSCAPE PLAN 1"=30'-0" u"°CAFE-
- L.O�
37
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 04-049
A RESOLUTION RELATING TO THE NORTHWEST QUADRANT
REDEVELOPMENT PROJECT,APPROVING THE FINAL DEVELOPMENT PLANS
FOR THE DOMINIUM HOUSING PROJECT AND THE HUNT/PRATT HOUSING
PROJECT AND THE FINAL PLAT FOR THE HUNT/PRATT PROJECT
WHEREAS, the Dominium Group and the Hunt/Pratt Partnership have applied for
approval of their final development plans for a 261 unit rental building and a 251 unit
condominium project consisting of four buildings, and
WHEREAS, the Hunt/Pratt Partnership has requested approval of the final plat for their
property, and
WHEREAS, on September 16, 2003, the St. Anthony Planning Commission held a public
hearing on the preliminary development plan and preliminary plat for the entire Silver
Lake Village project area, then known as the Village at St. Anthony, and
WHEREAS, on June 15, 2004, the Planning Commission considered the final plans for
the Dominium and Hunt/Pratt projects and the final plat for the Hunt/Pratt project, and
WHEREAS, the Planning Commission after deliberation recommended approval of.the
Dominium and Hunt/Pratt projects with conditions and the final plat for the Hunt/Pratt
project, and
WHEREAS, the St. Anthony City Council finds that the final plans for the Dominium
and Hunt/Pratt projects and the final plat for the Hunt/Pratt project are consistent with the
preliminary plans and preliminary plat approved by the St. Anthony City Council on
September 26, 2003,
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of St.
Anthony hereby approves the final development plans for the Dominium building and the
final development plans and final plat for the Hunt/Pratt project subject to the following
conditions:
1. The Dominium and Hunt/Pratt projects shall be developed in accordance with the
following exhibits:
a. Plans for The Landings at Silver Lake Village to be developed by
Dominium dated May 24, 2004 including sheets AO.1, C1, C2, C3, C4, C5,
Ll, L2, R1.1, R1.2, R1.3, A3.0,A3.1, A3.2, and A3.3.
38
b. Plans for the Silver Lake Condominiums to be developed by Hunt/Pratt
dated May 18, 2004 including sheets L.0, A0.1, Al.1-4, A3.1, A5.1, A8.1,
A8.2, Al0.1, and Al 1.2.
c. The plat for Silver Lake Homes
2. The Dominium and Hunt/Pratt projects shall be developed in accordance with a
Planned Unit Development Agreement to be entered into by the City and the
developers.
3. The developers shall provide an Erosion Control Plan, subject to the review and
approval by the City Engineer,prior to issuance of the building permits.
4. The developers shall secure an NPDES Permit,prior to issuance of a building
permits.
5. The developers shall secure a Rice Creek Watershed District permit prior to
issuance of a building permits.
6. The developers shall have their final choice of exterior building materials and
fagade elevations approved by the city's Development Review Committee prior to
issuance of a building permit for any part of the building other than the
foundations. The materials and colors shall be substantially similar to those
represented in the exhibits described in 1 above.
7. The 2.5 foot landscaping strip shown along the west property line of the
Dominium project be deleted.
8. The percentage of affordable units in the Dominium building shall be not less
than 20% nor more than 25% of the total number of units in the building.
Adopted this 22nd day of June, 2.004
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
39
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome.P. Gilligan
DATE: June 16, 2004
RE: Proposed Revenue Bonds for Silver Lake Village
The City has received a request from St. Anthony Leased Housing Associates I,
Limited Partnership (the "Partnership")that the City issue tax-exempt revenue bonds under
Minnesota Statutes, Chapter 462C, to finance a portion of the costs of the acquisition,
construction and equipping of a 261-unit multifamily housing development(the"Development")
located at the former Apache Plaza Mall site in the City.
The bonds are proposed to be issued in a principal amount not to exceed
$37,500,000, and will bear interest at a variable rate. The Bonds will be secured by credit
enhancement provided by a bank or other financial institution, and based on such credit
enhancement will be rated by a national rating service. The Partnership is requesting that the
City Council adopt a resolution preliminarily approving the issuance of the bonds at its meeting
on June 22°d.
The debt service on the bonds will be payable solely from payments to be made
by the credit enhancer and the Partnership. The City will not have any liability with respect to
the bonds. The Partnership will pay all City expenses with respect to the bonds.
DORSEY & WHITNEY LLP
40
RESOLUTION NO. 04-050
CITY OF ST. ANTHONY
RESOLUTION GIVING PRELIMINARY APPROVAL
TO THE ISSUANCE OF VARIABLE RATE DEMAND
MULTIFAMILY HOUSING REVENUE BONDS
(SILVER LAKE VILLAGE PROJECT)PURSUANT TO
MINNESOTA STATUTES, CHAPTERS 462A AND
462C; ON BEHALF OF ST. ANTHONY LEASED
HOUSING ASSOCIATES I, LIMITED PARTNERSHIP
BE IT RESOLVED by the City Council of the City of St. Anthony,Minnesota
(the "City"), as follows:
Section 1. Recitals
1.1 St. Anthony Leased Housing Associates I, Limited Partnership, a
Minnesota limited partnership (the "Borrower"), has proposed that the City issue its
Variable Rate Demand Multifamily Housing Revenue Bonds (Silver Lake Village
Project) in one or more series (the"Bonds") and loan the proceeds to the Borrower. The
proceeds of the Bonds would be used to finance a portion of the costs of the acquisition,
construction and equipping of a 261-unit multifamily housing development(the
"Development") located at the former Apache Plaza Mall site in the City. The Borrower
has requested that the City consider the issuance of the Bonds, in a principal amount not
to exceed$37,500,000,to assist in the financing of the Development.
1.2 The Borrower will request that LaSalle Bank,N.A. facilitate the financing
of the Development and the issuance of the Bonds by providing credit enhancement and
liquidity support for the Bonds pursuant to a credit facility.
1.3 The City is authorized by Minnesota Statutes, Chapter 462C (the "Act"),
to issue its revenue bonds (the `Bonds") to finance multifamily housing developments
such as the Development. Minnesota Statutes, Section 462C.07 provides that programs
for such multifamily housing developments may be financed with revenue bonds issued
by the City, following adoption of a housing program, after a public hearing, and other
proceedings conducted in accordance with the requirements of the Act.
41
Section 2. Preliminaa Approval of Bond Financing
2.1 On the basis of the information given the City to date,but subject to the
adoption of a housing program following a public hearing as required by the Act;
preliminary approval is hereby given to the issuance of the Bonds, in an amount not to
exceed$37,500,000, to provide financing for the Development. The adoption of this
resolution shall not be deemed, however, to establish a legal obligation on the part of the
City or its Council to issue or to cause the issuance of the Bonds. All details of the Bonds
and the provisions for payment thereof shall be subject to final approval of this Council
prior to their issuance. The Bonds, if issued, shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City, except the revenues to be
received from the operation of the Development and owner thereof specifically pledged
to the payment thereof, and each Bond, when, as and if issued, shall recite in substance
that the Bond, including interest thereon, is payable solely from said revenues and funds
specifically pledged to the payment thereof, and shall not constitute a debt or pecuniary
liability of the City within the meaning of any constitutional or statutory limitation.
2.2 At such time as the Borrower is prepared to proceed with the issuance of
the Bonds, the City Clerk-Treasurer, in consultation with the Borrower and bond counsel
for the City, is authorized to prepare the housing program required by the Act and prepare
and publish a notice of hearing on the adoption of the housing program and the issuance
of the Bonds as required by the Act and Section 147(f)of the Internal Revenue Code of
1986, as amended.
Section 3. Application for Bond Issuance Allocation. The Mayor and City Clerk
Treasurer, in consultation with the Borrower, are authorized to execute the necessary
documents on behalf of the City to apply for an allocation of bonding authority for the
Development pursuant to the provisions of Minnesota Statutes, Chapter 474A.
Adopted this 22nd day of June, 2004.
Mayor
Attest:
City Clerk
42
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned,being the duly qualified and acting recording officer of the
City of St. Anthony, Minnesota(the "City"), hereby certify that the attached resolution is
a true copy of Resolution No. 04-051, entitled: "RESOLUTION GIVING
PRELIMINARY APPROVAL TO THE ISSUANCE OF VARIABLE RATE DEMAND
MULTIFAMILY HOUSING REVENUE BONDS (SILVER LAKE VILLAGE
PROJECT)PURSUANT TO MINNESOTA STATUTES, CHAPTERS 462A AND
462C; ON BEHALF OF ST. ANTHONY LEASED HOUSING ASSOCIATES I,
LIMITED PARTNERSHIP" (the"Resolution"), on file in the original records of the City
in my legal custody; that the Resolution was duly adopted by the City Council of the City
at a meeting on June 22, 2004, and that the meeting was duly held by the City Council
and was attended throughout by a quorum,pursuant to call and notice of such meeting
given as required by law; and that the Resolution has not as of the date hereof been
amended or repealed.
I further certify that upon vote being taken on the Resolution at said meeting, the
following Councilmembers voted in favor thereof:
and the following voted against the same:
and the following abstained from voting thereon or were absent:
WITNESS my hand officially this 22nd day of June, 2004.
City Clerk
43
REQUEST FOR COUNCIL CONSIDERATION
Report Date: June 9, 2004
Meeting Date: June 22, 2004 Agenda Section: VI, 2
(1St Reading)
ITEM DESCRIPTION:
Amend Dog Ordinance, Section 515
MANAGER'S REVIEW:
Attach is the Dog Ordinance revising the amount of dogs in a
household to three (3) instead of the current two (2) and revising the
wording for the rabies immunization requirement. It will now state-
that the resident must show current rabies immunization instead of an
immunization within the previous 18 months.
A group of residents approached the City Council at the June 8th
meeting and indicated that immunizations for rabies-is now required
every three (3) years. With our license term of two years, there is the
opportunity for gap in coverage. With the new stipulation of current
record, this should eliminate that possibility.
Recommendation:
Approve amending the Dog Ordinance allowing three (3) dogs per
household and changing wording-to "current rabies immunization.
Michael
Mornson
City Manager
Section 515 —DOGS 44
515.01 —License Required. All dogs over six (6) months of age,kept,harbored or maintained
within the City shall be licensed and registered. Dogs must be licensed on or before March 1 of
each year and pay the license fee set forth in Section 600 and the license shall be valid for two (2)
years. The applicant shall give the following information on forms provided by the City: owner's
name and address, name of dog,breed (if known), color, and sex of the dog.
515.02 - Immunization for Rabies. No a^ 41 be hems° Uf� eSs the e A "a � s t is
-Aidiia 18 meths of the appheatien fer-the VV11JV11 M111V JJ ll.lV 1TW 11V1 1GIILI1 JILV
No dog will be licensed unless the owner
furnishes a current rabies immunization record from a licensed veterinarian.
515.03 —Issuance of Tags, Duplicates. The Clerk will perform all duties according to State law in
issuing dog licenses. The Clerk will furnish for each licensed dog a metallic or plastic tag,
stamped or engraved with the register number of the dog and the year when registered. This
number corresponds with name and address of the owner. The owner or keeper of a dog must
place and keep around the dog's neck a collar on which the license tag is'securely fixed. In case
the tag is lost or stolen, the owner or keeper of a dog may receive a duplicate tag and a duplicate
license upon presenting and surrendering to the Clerk the license or receipt issued when the dog
was registered. The dog owner must pay the required duplicated license fee at this time. The
duplicate license will be registered,.numbered, described and issued as the original license. No
person will be granted a duplicate tag and license unless the original tag has actually been lost or
stolen. The Clerk may, before issuing a duplicate tag and license, require an affidavit to be made
and furnished by the applicant. The affidavit must state the fact that the tag has been lost or stolen
and is not at the time in the possession of the person.
515.04—Releasing Impounded Dog. Any dog impounded when not properly licensed will be
release only on payment of the appropriate license fee, the impeunding fee, any related eests,
the present qv�%er-ef wriaen seffifieatien by a heensed vetefinar-ian stating that the-dog
. This may include
the impounding fee, and related costs, and the presentation of a current rabies immunization
record from a licensed veterinarian.
Section 520—KENNELS
520.01 —License Require. No person may keep or harbor in any place within the City except in a
licensed in a licensed kennel, more than two (2) three (3) dogs over the age of six (6)months.
Any premises which are kept and maintained for the business of selling,boarding,breeding,
showing, or treating dogs, and any place where more then#we-() three (3) dogs over the age of
six months are habitually kept, is deemed to be a kennel. No premises may be kept or maintained
as a kennel without a kennel license issued by the City after payment of the license fee set forth in
Section 600.
520.02 - Conditions. Kennels must be kept in a clean sanitary and well-ventilated condition at all
times. All kennels must be open to inspection by City officials at all reasonable times. No kennel
will be maintained with the boundaries of a residential district.
z u
1.
June 8, 2004 . `
To: St Anth y_Village C it Members
Subject: City Or ce 1210.02 States that no more than 2'dogs are allowed within
one household. We would like to ask the council to reevaluate this ordinance to.update
it allowing dogs per household.
While doing some.research into other municipalities I found,-the enclosed list of their dog
limits. Every city on this list had the option to apply for a kennel license or,a multiple
animal license if you want more than what is listed beside the city name. Here in St
Anthony this multiple animal licensing is not available.foi more than 2 dogs.
I'd like to..explairn to you some rationale for wanting this change. My personal reason_ is
a combined household; each of us having more than one dog and moving to the same
house. The second reason for wanting this change is-a neighbor in St Anthony that
already.has.2 dogs, one being elderly. She would like a third dog now before the elderly
dog dies. The third'reason is-simply people moving to St Anthony from another city
where more than 2 dogs were permitted. These are just a few reasons that we hope helps
make your,decision an easy one.
Thank you for your time with ainly willing to belp.in any way
we can to make this c e come about.
Sincerely,
Donna J Kodet
Deborah L Hopper
2517 St Anthony Blvd
St Anthony, MN 55418
612-789-2167
I
� . 46
Forest Lake 3 dogs
Hastings 3 pets
Hugo 3 dogs
Inver Grove Heights 3 dogs
Lake Elmo 3 dogs
Lino.Lakes 2 dogs
Little Cananda : 3 dogs
Maplewood 2 dogs
Moundsview 2 dogs
I
St Paul . .3 dogs
Stillwater 4 dogs
Vandais Heights 2 dogs
1
White Bear Lake 3 dogs
Woodbury 3 dogs
St Anthony 2 dogs
Minneapolis 3 total pets
Shoreview. 3 dogs
Fridley 3 pets
Columbia Heights 3 pets
Roseville 2 dogs
Arden Hills 2 dogs
New Brighton 3 dogs or cats
Lauderdale 2 pets
47
Falcon Heights 3-dogs
Blaine 3 dogs
Apple Valley 3 dogs
Bloomington 4-pets
Brooklyn Park 3 pets
Burnsville 3 dogs '
Coon Rapids 2 dogs
Crystal 2 Pogs
Eden Prairie 2 dogs
Edina 3.dogs
Elk River 3 pets
Golden Valley 3 dogs
Hopkins 2 dogs
Lakeville 3 dogs
Maple Grove ' 2 dogs
Minnetonka 2 dogs
Plymouth 2 dogs.
New Hope 3 dogs
Richfield 2-;dogs
Robbinsdale 3 dogs
Spring Lake Park 3 dogs
Wayzata 2 dogs
June 2004
Monthly Planner
1 2 3 4 5
6 7 8 9 10 11 12
7:00 pm Council
Meeting
13 14 15 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 S M T W T F S S M T W T F S
Dedication 6 1 1 2 3
pm to 8:30 pm
2 3 4 5 6 7 8 4 5 6 7 8 9 10
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30 31
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Jun 2004 Aug 2004 1 2 3
S M T W T F S S M T W T F S
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6 7 8 9 10 it 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
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7:00 pm
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7:00 pm Council
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FUTURE COUNCIL AGENDA ITEMS
Updated June 16, 2004
Meeting Date Meeting Type Staff Items/Issues
July 13 Regular 2003 Audit City and HRA
Dog Ordinance - 2nd Reading
July 27 Regular Planning Amend PUD to include Taco Bell parcel
Planning Variance - 3300 Skycroft Drive
Planning Electronic Monument Sign
August 10 Regular 2005 Budget Review
August 24 Regular Planning Commission issues of August 17
INVESTMENT PORTFOLIO: 05/31/2004
Interest Date
4/M GENERAL
$876,000 LOCKHART FUNDING COMM PAPER 1.016% 04/27/04 07/15104 $874,077.67
$874,077.67
4/M ARMY-WATER FILTRATION
$ 200,000 FANNIE MAE 6.00% 04/27/04 08107/18 $200,000.00
$ 100,000 FEDERAL HOME LOAN MORTGAGE 6.00% 04/29/04 02126/19 $100,000.00
$ 100,000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/26/04 04/23/14 $100,000.00
$ 100,000 FEDERAL HOME LOAN MORTGAGE 6.25% 05/24/04 05/24/19 $100,000.00
$1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22/29 $191,662.50
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/28 $101,033.87
$ 500,000 FED HOME LOAN BANK-ZERO COUPON 6.793% 04/27/04 11/02128 $97,225.00
$ 365,000 GENERAL ELECTRIC COMM PAPER 1.085% 05/25/04 06/18/04 $364,756.67
SAV I-INTERNAL LOAN FUNDING --------
$1,254,678.04
DAIN RAUSCHER-GENERAL
GNMA POOL 6472 7.50% 07101/75 07/15/05 $175.24
GNMA POOL 14376 7.50% 03/01/77 03115/07 $532.19
GNMA POOL 23364 9.00% 09/01178 09/15/08 $304.52
GNMA POOL 23356 9.00% 11101/78 11/15/08 $708.66
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25122 $100,000.00
$100,000 FNMA MEDIUM TERM NOTE 5.00% 03/24/04 04/01/20 $100,000.00
$100,000 FNMA MEDIUM TERM NOTE 6.00% 05/24/04 08/20/18 $198,500.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22129 $99,948.90
$1,011,000 GENERAL ELECTRIC COMM PAPER 1.037% 05/24/04 07/23/04 $1,009,286.29
$1,509,455.80
DAIN RAUSCHER-HONEYWELL
$100,000 LASELLEBANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.50% 09111/02 09/11/22 $27,798.64
$100,000 LASELLE BANK-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.375% 01108/03 01/22/23 $28,480.61
$100,000 LASELLE BANK-ZERO COUPON BOND 6.25% 02/19/03 02119/23 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02119/03 02/19/23 $29,170.00
$165,000 GENERAL ELECTRIC COMM PAPER 1.035% 05/24/03 07/23/04 $164,725.83
$15,000 FEDERAL HOME LOAN MORTGAGE 5.50% 03/15104 12/15/15 $15,000.00
$100,000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/23/04 07/09/18 $94,250.00
$100,000 FEDERAL HOME LOAN MORTGAGE 5.04% 04/23/04 06/18/18 $94,625.00
$200,000 FEDERAL HOME LOAN MORTGAGE 6.00% 04/30/04 05/10/19 $200,000.00
$100,000 FEDERAL HOME LOAN MORTGAGE 6.125% 05/24/04 05/10/19 $99,967.15
$839,466.48
DEAN WITTER
$680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06/15/01 04105/19 $97,722.56
$520,000.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00
$476,000.00 AMERCIAN EXPRESS COMM PAPER 1.005% 03/10/04 06/10/04 $475,026.84
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28/01 12115/16 $200,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10/25/16 $200,000.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22/27 $100,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03/10/04 09/12/13 $200,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03/10/04 03/19/14 $200,000.00
$50,000.00 FNMA MEDIUM TERM NOTE 5.54%' 03/19/04 03111119 $50,000.00
$1,722,226.40
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/O 7.24% 04120/93 03/25123 $10,892.10
$100,000-FHLMC MEDIUM TERM NOTE - STEP UP 4.00-6.50% 03/18/04 04/12/19 $100,000.00
$175,000- FNMA COUPON- 5.520% 5.520% 03/30/04 04/12/19 $175,000.00
$200,000-FNMA COUPON- STEP UP 4.00-8.00% 03/01/04 02/10/12 $200,000.00
$485,892.10
TOTAL BOOK VALUE $6,685,796.49
Time6 18/2004 MONTHLY INVESTMENT REPORT MAY 20041NVESTI
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
June 22, 2004
Call to Order.
Roll Call.
I. Approval of June 22, 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 June 8, 2004, H.R.A. Minutes. (will be distributed at the meeting)
B. Claims. (pp. 1-2)
III. Public Hearings.
IV. General Policy of Business of the H.R. A.
A. Resolution 04-010; Approving the Development Agreement with
Dominium Group — J. Lindgren, Dorsey & Whitney, presenting. (pp. 3 —14)
(action requested.)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/16/2004 14: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
HRA1 HOUSING & REDEV CHECKING
008273 WSB & ASSOCIATES, INC. - 5523 06/23/04 3,917.25
.00001 Y.H.D. FOODS, INC. 5524 06/23/04 10,000.00
.00002 Y.H.D. FOODS, INC. 5525 06/23/04 10,000.00
HOUSING & REDEV CHECKING 23,917.25 ***
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/15/2004 13: Check Register GL540R-V06.60 PAGE 1 _
BANK VENDOR CHECK# DATE AMOUNT
HRA1 HOUSING 4 REDEV CHECKING
009032 ADB CONSTRUCTION 5495 06/23/04 1,527.60
.00001 ANDERSON CAD/CAM, INC. 5496 06/23/04 10,000.00
.00002 ANDERSON CAD/CAM, INC. 5497 06/23/04 10,000.00
009078 - ARCHITECTURAL SALES OF M 5498 06/23/04 11,703.05
007256 BELAIR BUILDERS, INC. 5499 06'/23/04 42,887.75
009031 CONWORTH, INC. 5500 06/23/04 5,320.00
008667 DAHLGREN, SHARDLOW AND U 5501 06/23/04 4,893.58
008698 EHLERS 6 ASSOCIATES, INC 5502 06/23/04 22,891.74
008892 GOODWIN COMMUNICATIONS G 5503 06/23/04 95.00
009003 GRESSER COMPANIES, INC. 5504 06/23/04 26,866.00
009067 HAMBURGER/JOHN M. 5505 06/23/04 - 5,000.00
009064 HONDA ELECTRIC, INC. 5506 06/23/04 7,600.00
.00003 INTERNATIONAL PAPER 5507 06/23/04 10,000.00
.00004 INTERNATIONAL PAPER 5508 06/23/04 10,000.00
009001 KRAUS ANDERSON CONSTRUCT 5509-06/23/04 47,070.00
007076 MOODY'S INVESTORS SERVIC 5510 06/23/04 2,000.00
.00005 ODDITEE'S CORP. 5511 06/23/04 20,000.00
008961 OERTEL ARCHITECTS 5512 06/23/04 29,000.00
008462 RAMSEY COUNTY 5513 06/23/04 887.94
009079 SPECIALTY SYSTEMS, INC. 5514 06/23/04 807.50
009083 ST. ANTHONY RETAIL DEVEL 5515 06/23/04 226,231.22
009065 STEENBERG-WATRUD CONSTRU 5516 06/23/04 89,632.'50
-009053 STEINBRECHER PAINTING, I 5517 06/23/04 13,946.00
009080 SUMMIT FIRE PROTECTION 5518 06/23/04 3,944.40
009010 THURNBECK STEEL FABRICAT 5519 06/23/04 29,289.45
008449 TWIN CITY GARAGE DOOR 5520 06/23/04 1,316.70
009008 UNITED STATES MECHANICAL 5521 06/23/04 95,809.40
009047 WHITE BEAR ELECTRIC 5522 06/23/04 1,052.36
HOUSING 6 REDEV CHECKING 729,772.19 **• -
<( ® ® RSr= N 03
DORSEY & WHITNEY LLP.
MEMORANDUM
TO: Michael Mornson, City Manager
FROM: Jerome P. Gilligan
Jay R. Lindgren
DATE: June 17, 2004
RE: Northwest Quadrant Redevelopment— Summary of Rental Housing
Redevelopment Agreement
1. Development
The Redevelopment Agreement ("Agreement") is by and between the HRA and St.
Anthony Leased Housing Associates I, Limited Partnership (the"Developer"), which is a single.
purpose entity formed by Dominium Development &Acquisition LLC. The Developer has
entered into a Purchase Agreement with.Apache Redevelopment , LLC, the Master
Redeveloper, to acquire the property by September 30, 2004, which may be extended to
January 31, 2005. The purchase price for the property is $2,750,000 or$10,536/unit.
The Development consists of 261 rental units, of which, 80 will be senior housing units
and the remaining 181 will be non-age restricted units. Twenty (20) percent of the units will be
affordable to persons at or below fifty (50) percent of the area median income (52 units).
The Agreement provides that the Developer shall commence with construction not later
than January 31, 2005 and complete the improvements by July 1, 2006. The Development will
be subject to customary City land use controls and approvals, including a PUD Agreement and
approval of Final Plans and Final Plats.
2. Assignment to Development Parties
The Development Agreement can be assigned to another party, but only with consent of
the HRA.
3. Tax Exempt Bond Allocation
The Developer is requesting the City to issue tax-exempt conduit revenue bonds in the
principal amount not to exceed $37,500,000, to assist in constructing the development. These
bonds do not create any risk for the City, since they are revenue bonds and are paid by project
revenues. In addition, the bond amount does not affect the City's or HRA's debt limits.
The developer will be required to pay the City a fee in the amount of one (1) percent of
the principal amount of the bonds, in accordance with the City's Conduit Financing Policy and
the HRA will be required to hold a public hearing on the issuance of these bonds as required by
State Statute.
DORSEY&WHITNEY LLP
( �)� OORSEY 04
4. Tax Increment
A. Creation of a Redevelopment TIF District. The City and HRA have created a
Redevelopment TIF District.
B. TIF Assistance. The Developer will receive ninety (90) percent of the available
TIF for 25 years on a Pay-As-You-Go basis, with a present value (assuming no inflation) of
approximately$3.4 million to $4.1 million. If a two percent inflation factor is considered, this
range would increase to approximately $4 million to $4.8 million. The final assessed value of
the property will be determined by the County Assessor, and this final valuation will be used to
determine the final TIF amount. Those assessed values are currently estimated in the range of
$95,000 to $115,000 per unit. The Developer will pledge their TIF note to the construction
lender.
C. TIF Adjustments. After the development is constructed and has received its
Certificate of Occupancy from the City, the Developer is required to submit to the HRA, a final
sources and uses statement from a certified public accountant that is approved by the HRA. To
the extent the sources of funds exceeds the uses, the Developer will have thirty (30) days to
submit an amount equal to fifty (50) percent of the amount by which total sources exceed total
uses to the HRA.
5. Miscellaneous
A. Developer Fee. The Developer will defer payment of their development fee until
after the development has been constructed.
B. Timing. The Developer will, subject to Unavoidable Delays, begin construction
by January 31, 2005, and complete the project by July 1, 2006.
2
DORSEY&WHITNEY LLP
05
Date: June 7, 2004
To: St. Anthony Planning Commission
From: Perry Thorvig, City Planning Consultant on Silver Lake Village
Subject: The Dominium Group's Request for Approval of their Final Development Plan
at Silver Lake Village
Requested Action: The Planning Commission needs to make a recommendation to the
City Council regarding Dominium's Final Development Plan at Silver Lake Village.
Dominium needs to have City Council approval by the end of June to meet a closing
deadline with Pratt Ordway Properties, the master developer.
Background
The Dominium project has been part of the overall Apache Plaza redevelopment plan
since last summer when the concept for the Silver Lake Village (then the Village at St.
Anthony) planned unit development was submitted to the Planning Commission and City
Council for approval. (Planned unit developments require a change to PUD zoning in a
two step process —Preliminary Development Plan and Final Development Plan.) On
September 23, 2003, the City Council approved the concept plan for the entire Silver
Lake Village and rezoned it to PUD. They also approved the Final Plat for the
Dominium property. Therefore, the only action that needs to be taken on the Dominium
project is approval of the Final Development Plan. No public hearing is required.
It is required that the Planning Commission review the final plans and make a
recommendation to the City Council to approve, approve with suggested modifications,
or reject the plans.
The criterion that the Planning Commission should use to make the recommendation is
the consistency of the final plans with the concept that was approved last September.
The concept (Preliminary Development Plan) that was approved last year is reflected in
the Design Framework Manual dated August 19, 2003 and the Preliminary Site Plan
dated 8/8/03. It shows the serpentine Dominium building located on the southwest
portion of the site. The diagram shows the building as "Market Rate Rental Units."
There were 220 units that were proposed last summer.
If approved, the developer expects to begin construction in the fall and be ready for first
occupancy in the summer of 2005.
Findings of Consistency of Current Proposal with Preliminary Development Plan
Building Location and Lot Coverage—The building is an S-shaped building
with and east-west orientation. The building has only moved a few feet to the
®6
west of the location shown in the approved preliminary plan. Its lot coverage is
very close to that shown in the preliminary plan.
Building Appearance—The height of the building (52 feet—four stories)has
remained the same. It's exterior appearance is also basically the same. The
design details now include brick and cement board and dryvit (stucco like) surface
panels. The designers are trying to simulate a row-house look rather than a
traditional apartment building. The exterior materials are intended to be
complimentary to the commercial developments in the PUD.
The roof will be a sloping, peaked type roof. It will be clad with
fiberglass/asphalt shingles. Architectural metals will be used as roof accents.
Building Density—The number of apartment units has increased from 220 to 261
(18%).
Types of Units—Seventy-nine units will be reserved for senior citizens. The
senior citizen units will be located together in the west wing of the building. The
first floor will have a few entries to two story units. The fourth floor will have
loft style units.
Affordability—Twenty percent of the units in the building (52 units) will be
affordable to individuals or households that have incomes below 50% of the Area
Median Income (AMD. The affordable units will be distributed throughout the
building.
Parking Spaces—The number of parking spaces is projected to be 444. The
zoning ordinance would normally require 520 spaces. The number of
underground spaces is 210—240 would normally be required underground. There
are seven handicapped accessible spaces outside and six similar spaces in the
underground garage.
Site Plan and Landscaping—The site plan shows the location of buildings,
setbacks, landscaping, driveways, and parking locations. Driveway aisles,
parking stalls, and setbacks meet zoning code standards. However, the driveway
and parking area along the west side of the development is only 2.5 feet away
from the west property line.
Planner's Analysis and Comments
A PUD allows flexibility because of the large nature of the use. Some flexibility from
normal city requirements is needed in order to approve this development.
Parking-The number of parking stalls appears to be the biggest issue. The
developer proposes 444 spaces. Normally, 520 spaces would be required.
Seventy nine units will be reserved for seniors. Many other units in the building
®7
will also be occupied by seniors, but no exact determination can be made because ,
there are no additional limits beyond the 79 units. Normal usage would suggest
that seniors will not have more than one car. Therefore, a case can be made for a
departure from the typical parking requirement of two spaces per unit.
The building allows for two spaces for all the units other than the senior units.
One space is provided for each senior unit. This appears to meet the intent of the
zoning ordinance and should be approved.
Appearance—The drawings provided by the developer are unclear as to how
much of the facades will be brick and how much dryvit. This needs to be clarified
before the City Council approves the plans.
Likewise, the colors have not been defined yet. The developers only state that the
buildings colors are intended to be compatible with the commercial
developments. This should be clarified by the time the Council approves the plan
or delegated to staff in the same way the final approval of the materials was left to
staff for the Wal-Mart building.
Density—The number of units increased 18% from that shown in the preliminary
approval. However, the Planning Commission showed no alarm at this increase
when it reviewed the project on May 18. The PUD zoning does not have a
maximum density limitation. Therefore, it only needs to be demonstrated that
there are sufficient buffers, open space, and parking.
The parking issue has already been addressed.
There are no other low density residential properties in proximity to the apartment
building. It is buffered from major streets by the Wal-Mart building, the railroad
tracks and businesses along 37th Avenue N.E., and by commercial uses to the
west.
The new park will provide open space relief for this project and the Hunt project
to the north.
Public transportation is available on 39th Avenue.
Therefore, the increase in units to 261 is not an issue and should be approved.
Setback from West Property Line
There is concern that the parking stalls along the west side of the site are only 2.5
feet from the property line. The developer proposes to landscape this area. If the
area is landscaped with shrubs, people on the passengers side of the cars parked in
the stalls will not be able to get out of their cars or will trample the landscaping.
The landscaping should probably be omitted along this property line until such
®0
time as there is new development to the west and the property lines can be
adjusted to accommodate the landscaping.
Summary
It is recommends that the Planning Commission recommend approval of the Final
Development Plan subject to the following conditions:
1. The color and location of exterior materials on the building be clarified prior to
approval by the City Council or the Development Review Committee.
2. The landscaping along the west property line adjacent to parking stalls be omitted
until some future date when property is developed to the west and the lot lines can
be readjusted.
®J
FINAL DEVELOPMENT PLAN for SILVER LAKE VILLAGE APARTMENTS
St.Anthony Village, Minnesota
May 24, 2004
PROJECT NARRATIVE
Developer
The Developer for this project is Dominium Development and Acquisition, LLC, a firm specializing in
the development of multi family rental housing projects.
Introduction
The rental housing project site is part of an overall redevelopment area on the old Apache Plaza site
now named Silver Lake Village. The parcel size for this housing site is approximately seven acres and
is bound by a new Wal-Mart development on the east, Baker's Square and Don's Car Wash on the
west, an extended 38"'Avenue on the north and the existing railroad property on the south.
The City of St. Anthony Village's future vision suggested that a mixed-use development would be most
appropriate for this redevelopment area. Those uses would be office, retail, restaurant, and housing.
This application for Final Development Plan approval is for the market rate and affordable rental
portion of the overall housing component to this new mixed-use redevelopment:
Proposed Rental Housing Unit Make Up
Previously, the St. Anthony Village City Council approved the PUD for the entire redevelopment
project now called Silver Lake Village. The site has been cleared of existing structures and some of
the new commercial construction has commenced.
This proposal is for the development of an up-scale multi-family general occupancy and senior rental
complex, both market rate and affordable, which will include 261 apartment units. There will be a
mixture of studio, one, two and three bedroom units of the traditional 'flat style"apartments plus a few
two4evel town home units at grade and four loft style apartments at the 4"' level. There will be a
significant variety of floor plan layouts of the following unit types:
General Occupancy Rental.Units Quantity
• Studios 8
Guest Suite 1
One Bedroom Flats 69
O Two bedroom Flats 84
® Three Bedroom 11
• Two Bedroom Two Level 5
Two Bedroom with loft 4
Total General Occupancy Rental Units 182
Senior Rental Units
• Studios 2
o One bedroom 46
o Two bedroom 31
Total Senior Rental Units 79
10
Affordable Housing Component
20% of the 261, or 52, apartment homes will be affordable to individuals at or below 50%of the Area
Median Income (AMI)published by the Department of Housing and Urban Development(HUD).
Detailed below is a chart published by HUD that describe the maximum income limit based on the
household size and the maximum rent based upon the size of the apartment allowable for apartments
restricted to 50% of the AMI.
Household Size Income Limit
1 Person. $26,850
2 Person 30,700
3 Person 34,500
4 Person 38,350
5 Person 41,400
Apartment Size Rent Limit
Studio .$671
1 Bedroom 719
2 Bedrooms 862
3 Bedrooms 996
These affordable apartment homes will be in both the general occupancy and senior components.
Building Shape and Placement
The building proposed has a horizontal "S" shape layout arranged with the long dimension running in
the east-west direction. The concept of this design is to architecturally and aesthetically engage the
new"Central Park", which is a common element for the entire redevelopment, with this project's
common plaza spaces(one of the"coves" of the S shape facing north) creating an even larger open
park-like space, The other"cove" of.the S (south facing) is used as an area for surface parking which.
is essentially at the rear of railroad side of the building.
There is a"drive-through" element at the south end of Apache Lane that will allow vehicular traffic to
pass"through" the building at the 1 st and 2"d levels to easily access the surface parking on the south
side of the building.
The entire building is a four-story structure with another level of underground heated parking. There is
a one and a half level common area party room/leasing office which is located in the courtyard facing
Central Park and is attached to the main housing building.
Exterior Materials
The exterior elevation of the four-story housing integrates the design appearance of the classic"row
house" theme, which is intended to embrace the overall "urban"feel of Silver Lake Village. Instead of
traditional horizontal layering of different materials,the developer has elected to provide strong vertical
elements on all surfaces, changing materials from brick(possibly two colors)on the projecting bay
elements to colored, smooth"stucco-like surface panels and other siding on the vertical recessed
deck elements, again simulating the row-house look. All exterior materials are chosen to be
complimentary to the surrounding new retail and condominium housing components.
The primary roof will be sloping with architectural fiberglass/asphalt roof shingles. Pre-finished,
colored, architectural metal roofing in standing seam fashion will be used to ornament the key focus
points of the project including the club house, the top of the drive-through element and the north east
end of the building which overlooks the central park Window frames will be all white.
11
Parking
There are 234 off-street surface parking spaces including 7 handicapped accessible spaces shown
within the proposed property lines of this new site. There are also another.210 heated parking spaces
including 6 handicapped in the lower level of the structure for a total count of 444 spaces for the site.
This is a ratio of 1.7 spaces for each rental unit. The developer, Dominium Development and.
Acquisition, LLC, has determined through experience with many other housing projects that they own
and manage, that this parking ratio is more than adequate.
Drainage and Utilities
Overall site plans are provided showing the preliminary design of the grading;drainage and utilities
proposed for the housing development. These plans are all consistent with the previously approved
Planned Unit Development submittal for the entire redevelopment area.
Landscaping
A preliminary landscaping plan is included with this submittal.and is consistent with the previously
approved Planned Unit Development for the entire redevelopment area. It is designed to take
advantage of all the open green space on this specific site taking special care to integrate the plaza
and associated landscaped areas with that of the new central park and condominium landscaping
design.
Phasing and Schedule
Assuming City Council approval of this submittal in June, construction for this housing project will be
underway in early fall. The first phase of the building should be ready for occupancy by mid-summer
and the balance complete by early fall.
End of Narrative Prepared By: BKV Group, Architects
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13
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY
RESOLUTION NO. 04-010
RESOLUTION RELATING TO THE REDEVELOPMENT OF PROPERTY IN
REDEVELOPMENT PROJECT AREA NO. 3 AND AUTHORIZING THE
PREPARATION, EXECUTION AND DELIVERY OF A RENTAL HOUSING
REDEVELOPMENT AGREEMENT WITH ST. ANTHONY LEASED HOUSING
ASSOCIATES I, LIMITED PARTNERSHIP
WHEREAS, the City of St. Anthony(the"City") and the St. Anthony Housing and
Redevelopment Authority(the"HRA")have identified an area located in the northwest portion of the
City(the"Northwest Quadrant") for study regarding the area's decline and opportunities for potential
redevelopment; and
WHERAS,the HRA hired consultants and appointed a citizen-based task force to develop a
planning framework for redevelopment of the Northwest Quadrant; and
WHEREAS, the consultants and task force developed the Northwest Quadrant
Redevelopment Plan ("Northwest Quadrant Plan"), dated July 2001, which describes the planning
process, the existing conditions and provides redevelopment options for the Northwest Quadrant; and
WHEREAS, the City and HRA reviewed the Northwest Quadrant Plan and agreed with the
findings contained therein; and
WHEREAS, a portion of the property in the Northwest Quadrant is included in
Redevelopment Project Area No. 3 established by the Redevelopment Plan for Redevelopment Area
No. 3 of the HRA as modified (as so modified the "Redevelopment Plan"); and
WHEREAS, the City and HRA have been proceeding with plans and discussions concerning
the redevelopment of a portion of the property in Redevelopment Project Area No. 3; and
WHEREAS, on April 23, 2002,the City Council ("Council") approved Resolution#2002-042
authorizing the City to enter into a Pre-Redevelopment Contract with Pratt-Ordway-Dominium
(Developer Limited Partnership) ("the Developer") for such redevelopment; and
WHEREAS, on December 19, 2003,the City and HRA executed a Development Agreement
with Apache Redevelopment, LLC to undertake the redevelopment of the Northwest Quadrant and this
agreement outlined that a separate development agreement would be negotiated with the rental housing
developer; and
WHEREAS, St. Anthony Leased Housing Associates I(the"Rental Housing Developer") is
proposing to construct approximately 261 units of rental housing on a portion of the property in
Redevelopment Project Area No. 3, of which 20 percent of the units will be affordable to persons at or
below 50 percent of the area median income; and
14
WHEREAS, the HRA believes that such proposed redevelopment of the Redevelopment
Property.will result in increased housing units to meet the demands of the marketplace, the increase of
employment opportunities for residents of the city, the increase of the value of property subject to
taxation by the City and other local government units, and the increase of general economic activity in
the City, all of which will reduce unemployment, improve living conditions,promote desirable
redevelopment of land, remove blight and prevent the emergence of additional blighted property and
areas, and encourage and enhance the general health and welfare of the residents of the City; and
WHEREAS, representatives of the Rental Housing Developer and of the HRA have been
discussing the proposed terms of such development by the Rental Housing Developer on the
Redevelopment Property and the means by which such development will be undertaken and the extent
of public assistance required for such development, which proposed terms are contained in a Rental
Housing Redevelopment Agreement negotiated by such parties, a summary of which has been
presented to and reviewed and discussed by the HRA Board (the "Summary").
NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority of
St. Anthony as follows:
1. The Board believes that the redevelopment of the Redevelopment Property, as proposed
by the Rental Housing Developer, is in the vital and best interests of the City and the HRA, and the
proposed tax increment and other public assistance to be provided by the City and HRA to such
redevelopment primarily serve a public purpose and are in the public interest by permitting the
redevelopment of property in the City in a manner that meets the goals and objectives of the
Redevelopment Plan and is in accordance with the provisions of applicable federal, state and local
laws.
2. The HRA's Executive Director is hereby authorized and directed on behalf of the HRA
to negotiate a Rental Housing Redevelopment Agreement by and between the HRA and the Rental
Housing Developer and related agreements the terms of which shall not, in his opinion, substantially
alter or impair the rights and obligations of the HRA as set forth in the Summary, and the form of
which shall be approved by the HRA Attorney.
3. Adoption of this resolution shall not constitute a contract or agreement on behalf of the
City or the HRA, and the Rental Housing Redevelopment Agreement shall not be deemed effective or
legally enforceable against the HRA until approved by and executed and delivered on behalf of the
HRA by the HRA Chair and Executive Director
Adopted this 22nd day of June, 2004.
Chair
Review for Administration:
Executive Director
CITY OF ST. ANTHONY
NORTHWEST QUADRANT REDEVELOPMENT
PROJECT CHRONOLOGY
Northwest Quadrant Steering Committee appointed by Council ..........................October 24, 2000
Dahlgren, Shardlow&Uban selected to develop a redevelopment plan ................November 2000
Redevelopment Update Newsletter............................................................................February 2001
Community Issues Forum held................................................................................March 10, 2001
Redevelopment Update Newsletter...........................................................................May/June 2001
Redevelopment Update Newsletter.......................................................................July/August 2001
Final Plan for Northwest Quadrant Redevelopment submitted to Council .................July 24, 2001
Salvation Army site sold to Three Rivers Parks District(Hennepin Parks)...........August 14,2001
Redevelopment Update Newsletter..........................................................................December 2001
Redevelopment Update Newsletter..............................................................................January 2002
Developer concept Open House.............................................................................January 24, 2002
Redevelopment Update Newsletter............................................................................February 2002
Business Update Newsletter......................................................................................February 2002
Council approved Pratt-Ordway as Developers...................................................February 12, 2002
Redevelopment Update Newsletter................................................................................March 2002
Business Update Newsletter.................................................................................:..........April 2002
Preliminary development agreement approved by Council..............................................June 2002
Redevelopment Update Newsletter..........................................................................December 2002
Pratt/Ordway Open House for project ..................................................................January 16, 2003
Planning Commission/City Council Concept Review on Silver Lake Village development area
.......................................................................................................................................August 2003
Page 2—Northwest Quadrant Chronology
Public Hearing on the Preliminary Plan/Plat for entire Silver Lake Village development area and
Final Plan/Plat for the retail portion.................................................................. September 16, 2003
Council approves Preliminary Plan/Plat for entire Silver Lake Village development area and
Final Plan/Plat for retail portion ....................................................................... September 23, 2003
Public Hearing on the Rezoning from Commercial to Planned Unit Development...
............................................................................................................................November 18, 2003
Silver Lake Vision and Project Update Newsletter.....................................................January 2004
Public Hearing on CUB condemnation......................................................................March 9, 2004
Public Hearing on Tires Plus and three other businesses for condemnation..............May 11, 2004
Summary:
The City of St. Anthony prides itself on the strong communication efforts during the planning
and implementation phases of the Northwest Quadrant/Silver Lake Village Redevelopment
project. Over the last three and half years, the City has held four public hearings, one community
issues forum, and two open houses. In addition, 11 project update newsletters were mailed to the
St. Anthony community. Also during this time, 70 articles appeared in local newspapers about
the redevelopment; 12 of those articles mentioned Walmart as the big box tenant.
Consultants for Redevelopment.Plan:
Dahlgren Shardlow and Uban - urban planners:facilitated the process;
coordinated the consultant team, and provided urban planning services.
Ehlers and Associates - experts in public finance:provided financial
feasibility analysis
JMS Communications and Research -public relations: responsible for
implementing a communications and public outreach plan
Hammel, Green and Abrahamson - architects and engineers: conducted
an analysis of the demolition costs for Apache Plaza
WSB &Associates - engineers: responsible for environmental analysis
and remediation planning for Silver Lake
Maxfield Research - market research experts:provided market research
for the project
WAL-MART BRIEFING DOCUMENT
June 8, 2004
1. The discount retail anchor at Silver Lake Village will be Wal-Mart. The developer
selected the retailer.
- Robert Muir Co., one of the developer partners, handled the negotiations; the city does not
select who will be in the development.
- It is estimated that Wal-Mart will employ some 250 people at the Silver Lake Village location.
2. (New) For information about Wal=Mart's employment practices, community services,
educational grants and other locations in Minnesota,visit the Wal-Mart web site at
www.walmart.com.
- Wal-Mart has nearly 60 stores in Minnesota, employing more than 16,400 workers. In fiscal
2002, the company paid$96 million in sales taxes and $24 million in state and local taxes.
- At its annual meeting on June 4, Wal-Mart described its commitment over the last year to be a
corporate leader in employment practices (see news release on web site).
- In May; Wal-Mart recognized educators with its local "Teacher of the Year"Program, one of
the largest teacher recognition efforts in the country. Through the program, Wal-Mart will give
back $4.3 million this year to schools of winning teachers, with $63,000 designated for
Minnesota.
3. Without a discount retail anchor, this project would not be financially feasible. Because
there will be a discount retail anchor, the redevelopment effort is moving forward and the
property is not stagnant. Over 500 new jobs will be created, St. Anthony is expected to
grow from its current 8,000 to more than 10,500 with the new housing, a park area will be
developed between the retail and housing, and Silver Lake Village will be a source of
community pride.
-Demolition of the obsolete Apache Plaza is underway and will be completed soon.
- Construction of the retail will begin this summer and be finalized in 2005.
- The new 39`x' Avenue NE will be completed this summer.
- There will be 219,300 square feet of new retail shopping to serve both the neighborhood and
the entire community.
4. The Silver Lake Village development was approved as a Planned Unit Development
(PUD) last fall. An important and integral part of the PUD zoning was the incorporation of
a Design Framework Manual into the zoning approval process. The Manual establishes the
expectation that there will be high quality design throughout the project.
- The design of the Wal-Mart store will be consistent with all the design requirements contained
in the Design Framework Manual.
- The Silver Lake Village Wal-Mart will have all permanently finished exterior building
materials. It will have a predominant brick color that will match the new facade on the Cub
Foods store, as well as several of the buildings along the main street.
- The parking lot in front of the Wal-Mart will be very well landscaped; the back of the building
will have architectural elements, be partially bermed and extensively landscaped.
- At the time it is built, the Wal-Mart at Silver Lake Village will be of the highest quality and
best looking Wal-Mart in Minnesota.
5. The goal of the redevelopment is to restore the Apache Plaza Mall area to a vital focal
point for St. Anthony Village. The redevelopment will stabilize_and enhance the
community as well as make the community even stronger.
- The public involvement process for this project has been long, deliberate and intense.
-The project reflects not only what makes sense from a financial and market perspective but
also what works for the community and its goals.
ti
..
DOMINIUM
Development &Acquisition, LLC
June 8, 2004
VIA:Mail/Facsimile
Mr. Mike Momson
City Manager
City of Saint Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: The Landings at Silver Lake Apartments
St.Anthony Village, Minnesota
Dear Mr. Mornson:
Please accept this letter as our formal application to the City and the HRA for Tax-
Exempt Bond authority for the rental component of the Silver Lake Village
redevelopment of the former Apache Plaza Mall site.
Bond Information
Principal Bond Amount Up to $37,500,000
Applicant Data
Name: Saint Anthony Leased Housing Associates I, Limited
Partnership
Address: c/o Dominium Development&Acquisition, LLC
2355 Polaris Lane North, Suite 100
Plymouth, MN 55447
Principals: David L. Brierton, Jack W. Safar,Armand E. Brachman,
Paul R. Sween and Mark S. Moorhouse
2355 Polaris Lane North Suite 100 Minneapolis,MN 55447 Phone 763/354-5500 Fax 763/354-5650
Acquisition•Development•Construction•Management
Mr. Mike Morrison
June 8, 2004
Page 2 of 4
Applicant's Mark S. Moorhouse
Representative: Dominium Development &Acquisition, LLC
2355 Polaris Lane North, Suite 100
Plymouth, MN 55447
Phone: (763) 354-5613
Fax: (763) 354-5633
Email: mmoorhousena,dominiuminc.com
Applicant's Jon L. Peterson
Legal Counsel: Winthrop & Weinstine
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402-4629
Phone: (612) 607-6736
Fax: (612) 604-6800
Email: ieterson(-,winthrop.com
Applicant's Frank J. Hogan
Bond Underwriter: Dougherty & Company LLC
90 South 7th Street, Suite 4400
Minneapolis, MN 55402-4115
Phone: (612) 376-4042
Fax: (612) 673-058400
Email: fhogan(c),doughertymarkets.com
Affordable Housing Component
20% of the 260, or 52 apartment homes, will be affordable to individuals at or below 50%
of the Area Median Income (AMI) published by the Department of Housing and Urban
Development (HUD). Detailed below is a chart published by HUD that describes the
maximum income limit based on the household size and the maximum rent based upon
the size of the apartment allowable for apartments restricted to 50% of the AMI.
Household Size Income Limit
1 Person $26,850
2 Person 30,700
3 Person 34,500
4 Person 38,350
5 Person 41,400
2355 Polaris Lane North Suite 100 Minneapolis,MN 55447 Phone 763/354-5500 Fax 763/354-5650
Acquisition•Development•Construction•Management
Mr. Mike Morrison
June 8, 2004
Page 3 of 4
Apartment Size Rent Limit
Studio $671
1 Bedroom 719
2 Bedrooms 862
3 Bedrooms 996
These affordable apartment homes will be in both the general occupancy and senior
components.
Proiect Description
The Landings apartments will consist of 181 units of market rate apartments and 79 units
of independent senior housing and 1 guest suite. Of these 261 units, there is 1 guest suite,
6 studio flats, 117 one-bedroom flats, 117 two-bedroom flats, 11 three-bedroom flats, 5
two-bedroom townhomes, and 4 two-bedroom lofts for a total of 261 apartment homes.
The building will be located immediately adjacent to a new park and pond with walking
paths as well as a recreation area with cascading water. The exterior of the building will
be urban in style with multi-colored brick and stucco. Several areas of the building will
be clad with a metal roof, and the there will be a combination of pitched and flat roofs.
Large window areas and a great degree of fagade articulation complete the elevations.
The apartment homes contain a combination of the following unit amenities:
• 9-foot ceilings o 17-foot ceilings in lofts
• Balconies o Built-in bookshelves
• Walk in closets o Computer desks
• Decorative accents o Fireplaces
• Granite countertops o Lofted Juliet balconies
• Kitchen islands o Patios
• Pantries o Six-panel doors
• Roman tubs o Tile flooring
• Shower doors o Upgraded light fixtures
• Underground parking o Washer and dryer in unit
• Upgraded cabinets
The apartment community contains the following project amenities:
• Concierge services o Conference/Business center
• Demonstration kitchen o Equipment rental
• Oversize fitness room o Gazebos
• Outdoor pool o Outdoor whirlpool
• Party room o Picnic area with grills
2355 Polaris Lane North Suite 100 Minneapolis, MN 55447 Phone 763/354-5500 Fax 763/354-5650
Acquisition•Development•Construction•Management
Mr. Mike Morrison
June 8, 2004
Page 4 of 4
o Pub/game room o Sauna
o Tanning beds o Theater/Media Room
o Connection to park and o Vending area
walking paths
The site's proximity to Stinson Boulevard, Interstate 694 and Interstate Highway 35
provides easy access to all parts of the metropolitan area. Residents of The Landings will
be able to drive or bus to either downtown Minneapolis or downtown St. Paul in ten
minutes, and to the 694 Corridor in less than five minutes. We believe that this proximity
to these major employment centers will appeal to potential residents. The new retail
development that is adjacent to the project will be a significant amenity for the residents,
in particular the senior residents.
We are very excited about The Landings at Silver Lake project, and based on the success
of our Main Street Village project a few miles away in New Brighton, are sure that it will
be well received by the community.
Very truly yours,
Dominium Development& Acquisition, LLC
0-0-r lKi-0-us Jeff Schmidt
(763) 354-5613 (763) 354-5606
mmoorhouse(a,dominiuminc.com jschmidt ,dominiuminc.com
2355 Polaris Lane North Suite 100 Minneapolis, MN 55447 Phone 763/354-5500 Fax 763/354-5650
Acquisition•Development•Construction•Management
WSB
&Associates,Inc.
June 21, 2004
Honorable Mayor, City Council, and City Staff
c/o Michael Morrison
City of St. Anthony
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Resolution Designating Mn/DOT as the City's Agent in
Accepting Federal Funds for
the Northwest Quadrant Project
WSB Project No. 1065-85
Dear Honorable Mayor, City Council, and Staff
Attached please find a proposed contract with the Minnesota Department of Transportation
(Mn/DOT) and a resolution for your consideration in designating Mn/DOT as the lead
agency in accepting the Federal Funds on behalf of the City of St. Anthony Village for
improvement in the Northwest Quadrant of St. Anthony Village.
The attached Resolution is one of the steps necessary in securing the $750,000 in Federal
Funds for improvements within the Northwest Quadrant. Upon adoption of the
Resolution,please execute the four copies of the contract and forward to Lynnette Roshell,
P.E.,Project Development Engineer,Minnesota Department of Transportation, State Aid
for Local Transportation, Mail Stop 500, 4t'Floor, 395 John Ireland Boulevard, St. Paul,
MN 55155-1899.
If you have any questions regarding this information,please call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, P.E.
Project Manager
4150 Olson
Memorial Highway Attachments
Suite 300 TEH/sm
Minneapolis
Minnesota
55422
763.541.4800
763.541.1700 FAX Minneapolis • St. Cloud Equal Opportunity Employer FAWPW1M1065-851062104-hmmdo
CITY OF ST. ANTHONY
RESOLUTION 04-051
A RESOLUTION DESIGNATING MN/DOT AS THE CITY'S AGENT IN
ACCEPTING FEDERAL AID FUNDS
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation be appointed as Agent of the City of St. Anthony Village to accept as its agent,
federal aid funds which may be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and
directed for and on behalf of the City to execute and enter into an agreement with the Commissioner
of Transportation prescribing the terms and conditions of said federal aid participating as set forth
and contained in"Minnesota Department of Transportation Agency Agreement No. 86533," a copy
of which said agreement was before the City Council and which is made a part hereof by reference.
Titles of persons authorized to sign on behalf of the City:
Randy Hodson, Mayor
Michael Mornson, City Manager
I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution
presented to and adopted by the City of St. Anthony Village at a duly authorized meeting thereof
held on the 22nd day of June 2004, as shown by the minutes of said meeting in my possession.
Clerk
Notary Public
My Commission expires
F:\WPWIN\1065-85\Resolutions\Resolution Designating N4NDOT.doc
Mn/DOT Agreement No. 86533
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF ST. ANTHONY VILLAGE
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between City of St. Anthony Village.("City")
and the State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"),
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the
City's agent to accept .and disburse federal funds for the construction, improvement, or
enhancement of transportation financed in whole or in part by federal funds, hereinafter
referred to as the"Project(s)"; and
Mn/DOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY.
A. DESIGNATION. The City designates Mn/DOT to act as its agent to accept and
disburse federal funds made available for the Project(s).
B. STAFFING.
1. The City will designate a publicly employed registered engineer,
("Project Engineer"), to be in responsible charge of the Project(s) and to
supervise and direct the work to be performed under any construction
contract let for the Project(s). If City elects to use a private consultant for
engineering services, the City will provide a qualified, full-time public
employee of the City, to be in responsible charge of the Project(s). The
services of the City to be performed pursuant to this agreement may not be
assigned, sublet, or transferred unless the City is notified in writing by
Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the
City from its primary responsibility for performance of the work.
(Mn/DOT Agreement No. 86533)
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2. During the progress of the work on the Project(s), the City authorizes its
Project Engineer to request in writing specific engineering and/or =
technical services from Mn/DOT, pursuant to Minnesota Statutes Section
161.39. Such services may be covered by other technical service
agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT
requests reimbursement, then the City will promptly pay Mn/DOT to
reimburse the.state trunk highway fund for the full cost and expense of
furnishing such services. The costs and expenses will include the current
Mn/DOT labor additives and overhead rates, subject to adjustment based .
on actual direct costs that have been verified by audit. Provision of such
services will not be deemed to make Mn/DOT a principal or co-principal
with respect to the Project(s).
3. The City will furnish the personnel, services, supplies, and equipment
necessary to properly supervise, inspect, and document the work for the
Project.
C. LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids after obtaining written notification from
Mn/DOT that the Federal Highway Administration. ("FHWA") has
authorized the Project(s). Any Project(s) advertised prior to authorization
will not be eligible for federal reimbursement.
2. The City will prepare the Proposal for Highway Construction for the
construction contract, which will include all of the federal-aid provisions
supplied by Mn/DOT.
3. The City will prepare and publish the bid solicitation for the Project(s) as
required by state and federal laws. The City will include in the solicitation
the required language for federal-aid contracts as supplied by Mn/DOT.
The solicitation will state where the proposals, plans, and specifications
are available for the inspection of prospective.bidders. The solicitation
will state where.the City will receive the sealed bids.
4. The City may not include other work in the contract for the authorized
Project(s) without obtaining prior notification from Mn/DOT that such
work is allowed by FHWA. Failure to obtain such notification may result
in the loss of some or all of the federal funds for the Project(s).
5. The City will prepare and sell the plan and proposal packages and prepare
and distribute any addendums, if needed.
6. The City will receive, open, and evaluate bids.
(Mn/DOT Agreement No. 86533)
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7. After the bids are opened, the City governing body will consider the bids
and will award the contract as required by state and federal laws, or reject
all bids. If the bid contains a goal for.Disadvantaged Business Enterprises,
the City will not award the contract until it has received certification of the
Disadvantaged Business Enterprise participation from the Mn/DOT Equal
Employment Opportunity Office.
D. CONTRACT ADMINISTRATION.
1. The City will prepare and execute a construction contract with the
Contractor, in accordance with the special provisions and the latest edition
of Mn/DOT's Standard Specifications for Construction.
2. The Project(s) will be constructed in accordance with plans, special
provisions, and standard specifications of each Project. The standard
specifications will be the latest edition of Mn/DOT Standard
Specifications for Highway Construction, and all amendments thereto.
The plans, special provisions, and standard specifications will be on file at
the City Engineer's Office. The plans, special provisions, and
specifications are incorporated into this agreement by reference as though
fully set forth herein.
3. The City will furnish. the personnel, services, supplies, and-equipment
necessary to properly supervise, inspect, and document the work for the
Project(s). The services of the City to be performed pursuant to this
agreement may not be assigned, sublet, or transferred unless the City is
notified in writing by Mn/DOT that such action is permitted under 23 CFR
1.33 and 23 CFR 635.105 and state law. This written consent will in no
way relieve the City from its primary responsibility for performance of the
work.
4. The City will document quantities in accordance with the guidelines set
forth in the Mn/DOT Contract Administration Manual Sections 410 and
420 that-were in effect at the time the work was performed.
5. The City will test materials in accordance with the Mn/DOT Schedule of
Materials Control in effect at the time each Project was let. The City will
notify Mn/DOT when work is in progress on the Project(s) that requires
observation by the Independent Assurance Inspector as required by the
Independent Assurance Schedule.
6. The City may make changes in the plans or the character of the work, as
may be necessary to complete the Project(s), and may enter into
supplemental agreement(s) with the individual, firm, or corporation
contracting for and undertaking prosecution of the prescribed work
(Mn/DOT Agreement No. 86533)
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(hereinafter "Contractor"). The City will not be reimbursed for any costs
of any work performed under a supplemental agreement unless Mn/DOT
has notified the City that the subject work is eligible for federal funds and _
sufficient federal funds are available.
7. The City will request approval from Mn/DOT for all costs in excess of the
amount of federal funds previously approved for the Project(s) prior to
incurring such costs. Failure to obtain such approval may result in such
costs being disallowed for reimbursement.
8. The City will prepare reports, keep records, and perform work so as to
enable Mn/DOT to collect the federal aid sought by the City. Required
reports are listed in the Mn/DOT State Aid Manual, Delegated Contract
Process Checklist, available from Mn/DOT's authorized representative.
The City will retain all records and reports in accordance.with Mn/DOT's
record retention schedule for federal aid projects.
9. Upon completion of the Project(s), the Project Engineer will determine
whether the work will be accepted.
F. PAYMENTS.
1. The entire cost of the Project(s) is to be paid from federal funds made
available by the FHWA and by other funds provided by the City. The
City will pay any part of the cost or expense of the Project(s) that is not
paid by federal funds.
2. The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify .
the amount of each partial estimate. Following certification-of the partial
estimate, the City will make partial payments to the Contractor in
accordance with the terms of the construction contract for the Project(s).
3. Following certification of the partial estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will
be made to Mn/DOT and will include a copy of the certified partial
estimate.
4. Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the terms of the construction contract for the Project(s).
The Project Engineer will certify the final estimate. Following certification
of the final estimate, the City will make the final payment to the
Contractor in accordance with the terms of the construction,contract for
the Project(s).
(Mn/DOT Agreement No. 86533)
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5.. Following certification, by the Project Engineer,of the final estimate, the
City may request reimbursement for costs eligible for federal funds. The
City's request will be made to Mn/DOT and will include a copy of the
certified final estimate along with the required records.
G. LIMITATIONS.
1. The City must comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the Federal Highway
Administration and the State-of Minnesota that no person in the United
States will, on the grounds of race, color, or national origin, be.excluded
''from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance '(42 U.S.C. 2000d). Through expansion of the mandate for
nondiscrimination in Title VI and through parallel legislation, the
prescribed bases of discrimination include race, color, sex, national origin,
age, and disability. In addition, the Title VI program has been extended to
cover all programs, activities and services of an entity receiving Federal
financial assistance, whether such programs and activities are Federally
assisted or not. Even in .the absence of prior discriminatory practice or
usage, a recipient in administering a program or activity to which this part
applies, is expected to take affirmative action to assure that no person is
excluded from participation in, or is denied the benefits of, the program or
activity on the grounds of race, color, national origin, sex, age, or
disability. It is the responsibility of the City to carry out the above
requirements.
3. Workers' Compensation. Any and all employees of the City or other
persons while engaged in the performance of any work or services
required or permitted by the City under this agreement will not be
considered employees of Mn/DOT, and any and all claims that may arise
under the Workers' Compensation Act of Minnesota on behalf of said
employees, or other persons while so engaged, will in no way be the
obligation or responsibility of Mn/DOT. The City will require proof of
Workers'. Compensation Insurance from any contractor and sub-
contractor.
4. Utilities. The City will treat all public, private or cooperatively owned
utility facilities which directly or indirectly serve the public and which
occupy highway rights of way in conformance with 23 CFR 645
"Utilities" which is incorporated herein by reference.
(Mn/DOT Agreement No. 86533)
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H.. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133 including amendments
and successors thereto, which are incorporated herein by reference.
2. As provided under Minnesota Statutes.Section 16C.05, subdivision 5, all
books; records, documents, and accounting procedures and practices of the
City are subject to examination by the United States Government,
Mn/DOT, and either the Legislative Auditor or the State Auditor as.-
appropriate, for a minimum of six years. The'City will be responsible for
any costs associated with the performance of the audit.
I. MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
J. CLAIMS. The City will pay any and. all lawful claims arising out of or
incidental to the performance of the Project(s) work. The City acknowledges
that Mn/DOT is acting . only as the City's agent for acceptance and
disbursement of federal funds, and not as a principal or co-principal with
respect to the.Project(s). In all events, the City will indemnify Mn/DOT and
hold Mn/DOT harmless from any claims arising out of the Project(s).
II. DUTIES OF Mn/DOT.
A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the
receipt and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
1. Mn/DOT will make the necessary requests to the FHWA for authorization
to use federal funds for the Project(s), and for reimbursement of eligible
costs pursuant to the terms of this agreement.
2. Mn/DOT will provide to the City copies of the required Federal-aid
clauses to be included in the bid solicitation and will provide the required
Federal-aid provisions to be included in the bid proposal.
3.. Mn/DOT will review and certify the DBE participation and notify the City
when certification is complete.
4. Mn/DOT will provide the required.labor postings.
(Mn/DOT Agreement No. 86533)
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C. PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the -FHWA for the
Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. Mn/DOT will reimburse the City, from said federal funds made available to
each Project, for.each partial payment request, subject to the availability and
limits of those funds.
3. Upon completion of the Project(s), Mn/DOT will perform a final inspection
and verify the 'federal and state eligibility of'all the payment requests. If the
Project is-found to have been completed in accordance with the plans and
specifications, Mn/DOT will promptly release any remaining federal funds
due the City for the Project(s).
4. In -the event. Mn/DOT does not obtain funding from the FHWA or other
funding source, or funding cannot be continued at a sufficient level to allow
for the processing of the federal aid reimbursement requests, the City may
continue the work with local funds only, until such time as Mn/DOT is able to
process the federal aid reimbursement requests.
D. AUTHORITY. Mn/DOT may withhold federal funds, where Mn/DOT or the
FHWA determines that the Project(s) was not completed in compliance with
federal requirements.
E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of
the state and federal government will have the right to audit, evaluate and
monitor the work performed under this agreement. The City will make
available all books, records, and documents pertaining to the work pursuant to
this agreement, for a minimum of seven years following the closing of the
construction contract.
IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts
and omissions of any others and the results thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs Mn/DOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under
this agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in
writing and be executed by the same parties who executed the original-agreement, or
their successors in office.
(Mn/DOT Agreement No. 86533)
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VII. AGREEMENT EFFECTIVE DATE. This agreement is be effective upon execution
by the City and by appropriate State officials, pursuant to Minnesota Statutes Section
16C.05.
VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any
time, with or without cause, upon ninety (90).days written notice to the other party.
Such termination'will not remove any unfulfilled financial obligations of the City as
set forth in this Agreement. In the event of such a termination the City will be entitled
to reimbursement for Mn/DOT-approved federally eligible expenses -incurred for
work satisfactorily performed on the Project to the date of termination subject to the
terms of this agreement.
(Mn/DOT Agreement No. 86533)
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intend to be bound thereby
CITY DEPARTMENT OF TRANSPORTATION
City certifies that the appropriate person(s)have
executed the contract on its behalf as required by By:
applicable resolutions,ordinances,or charter
provisions Title: Director,
State Aid for Local Transportation
By: Date:
Date:
COMMISSIONER OF ADMINISTRATION
Title: By:
Date: .
By:
Date: .
Title:
(Mn/DOT Agreement No. 86533)
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