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HomeMy WebLinkAboutCC PACKET 05081984 Meeting Sheet VIII) VIII VIII VIII VIII VIII IIII IIII iaosos 0 Box: 16 Folder: CC PACKETS 1981-1984 & 1987 Document: CC PACKET 05081984 fI1 1 CITY OF ST. ANTHONY COUNCIL AGENDA 'i May 22 , 1984 7: 30 P .M. a A. Call to Order/Pledge of Allegiance B. Roll Call C. Approval of May 8th Council Mi-hutes = D. Licenses/Permits/Petitions E. Presentation of Claims 1. School District #282 $9 , 000 .00 2 . Ed Hance $1,541. 87 3 F. Reports - 1. Board of Review Minutes 2 . Planning Commission 5/15/84 3. Departments and Committees a. April Sales Summary-Liquor Operation 4 . City Manager a. Staff Meeting notes .r, G. Public Hearings , H. New Business 1 . Resolution #84-025 Intoxilyzer 2 . Call for bids, Roseville temporary water connection 3. Block party request 4. Request from National Weather Service regarding doppler radar. 5 . Status of Year 10 CDBG project I. Unfinished Business J. Adjournment. "HRA" meeting will immediately follow Council meeting. CITY OF ST. ANTHONY COUNCIL MINUTES May 8, 1984 The meeting was opened at 7:30 p.m. with the Pledge of Allegiance led by Mayor Sundland. The Board of Review had been conducted by the Council prior to this meeting. Present for Roll Call : Marks, Ranallo, Sundland, Enrooth, and Makowske. Also Present: David Childs, City Manager; and Larry Hamer, Director of Public Works. Motion by Councilman Marks and seconded by Councilman Enrooth to approve as submitted the minutes- of the Council meeting held April 24, 1984. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Ranallo to grant the following licenses which were either listed in the May 8, 1984 Council agenda or distributed by the Manager before the meeting: • CIGARETTE: Mr. Hobo, 2905 Kenzie Terrace. WINE AND BEER: Scarpelli 's at Apache Plaza. CONTRACTORS: (All required certificates of insurance and proof of bonding and Workman Compensation coverage submitted before issuance. ) J. M. Baumann, Inc. , Vadnais Heights, MN 0. R. Anderberg Company, Minneapolis, MN Twin City Exteriors, Crystal , MN Day's Construction and Remodeling, Arden Hills, MN Brentwood Cabinets and Remodeling, West St. Paul , MN D & D Home Improvement, Inc. , Fridley, MN Four Seasons Construction Co. , Inc. , Spring Lake Park, MN Trucker Sheehy Construction, Inc. , Minneapolis, MN !! AAA Professional Services, St. Paul, MN E -- DuA-11—Service-Contractors,—I-nc: Mi nneapol-i-s MN i Giertsen Co. , New Hope, MN Richard Hastings, Fridley, MN Hedtke Construction, Golden Valley, MN Lloyd's Home Improvements, Inc. , Columbia Heights, MN Lindstrom Construction, Plymouth, MN Miesen Roofing, Inc. , St. Paul, MN Ted Murr, Inc. , South St. Paul , MN • Pilgrim Remodeling, Osseo, MN Scott Construction Corp., Minneapolis, MN Les Tranby Roofing & Siding Co. , Crystal , MN Viking Improvement Co. , Minneapolis, MN 2. David M. Volkman Construction, Inc. , Circle Pines, MN • Zondlo's Service Contractors, Inc. , Minneapolis, MN Turner Tree Tech, Elko, MN King's Brian Construction Co. , Fridley, MN Advance Companies, Inc. , Minneapolis, MN Ungerman Construction Co. , Minneapolis, MN Midwest Stump Removal , Anoka, MN Tom Walek Roofing, St. Anthony, MN Rayco Construction, Columbia Heights, MN Kraus-Anderson Construction Co., Minneapolis, MN First General Services of Minneapolis, Inc. , Mpls., MN Robert Sappa Building & Remodeling, Columbia Heights, MN L. R. Tabor & Sons, Inc. , Columbia Heights, MN Coty Construction, Hopkins, MN Quality Construction, Wyoming, MN Irmiter Contractors & Builders Ltd. , Minneapolis, MN R. J. Risk Construction, Blaine, MN C. Leske & Sons, St. Paul , MN Daco Construction, Rogers, MN Raylane & Son, Mi nneapol i s,. MN McGinn Co. , Inc. , Minneapolis, MN C. 0. Field, Minneapolis, MN Roy Paquette Construction, Minneapolis, MN Arwidson Builders, Inc. , Apple Valley, MN Roofings, Inc. , St. Paul , MN Midwest Construction, Minneapolis, MN • Belair Builders, New Brighton, MN Construction 70, Inc. , Brooklyn Park, MN Yentch & Chuba, Inc. , Elk River, MN Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of all verified claims for April 30 and May 8 in the May 8, 1984 Council agenda; $1,510.20 to Edward J. Hance for April prosecutions; and $1,211.50 to Dickson Electric for electrical improvements for the Police Department facilities. Motion carried unanimously. Mayor Sundland indicated he wanted to go on record as expressing heartfelt gratitude for the extraordinary efforts put forth after the tornado April 26 by the Chiefs of the Police and Fire Departments and members of those d,epartments;-L-arry-Hamer-and-hi-s-cr--ews; Counc-i-l-and-staf-f-member-s-and--the rapid response of Govenor Perpich and state officials; the National Guard; Hennepin County Sheriff; the Red Cross and Salvation Army; workers from other communities as well as the innumerable volunteers from the City and surrounding communities. Councilman Ranallo commented that he perceived the most effective way for the City to express its gratitude to the many people, churches, agencies and organizations who had responded after the disaster, -would be through personal letters and letters to the Editors, • which are being taken care of now. Mayor Sundland indicated he wanted to especially thank Dave Childs for his untiring efforts during the emergency in spite of the fact that his own home was damaged and the safety of some of his children was in question at one time. A round of applause followed this statement. - 3 - • Al Kaeding, the City's representative on the North Suburban Cable Communi- cations Commission, reported the Commission had retained Cooper Associates, Inc. , a cable consulting firm to make an evaluation of the Commission's contract with Group W, following which, a revised agreement with the cable firm had been developed under which only one, rather than the dual system originally agreed to, would be provided by Group W at this time. Mr. Kaeding indicated he personally believed that, with the programming avail- able, the 60 channels proposed by Group W would be sufficient for the present, as long as the Commission has the option of requiring the dual system be activated. He said the consulting firm had found Group W would only realize a 2% or 3% return on their investment under the original agreement, which would probably result in their not providing service at all. Under the revised agreement, the Commission representative said, the consultants estimated Group W's return would be between 12% and 13% where the national average is 15%. Under these conditions, Mr. Kaeding indicated he perceives it would be better for the City subscribers not to have to bear the $2.4 million co.st of 120 channels until the demand warrants that many, since he perceives there would be little missing the subscribers Would want and he assured Councilman Marks the institutional programming would not be affected at all . The biggest change would be the sharing of the channels such as the religious programming being consolidated to a single channel and the City's representative indicated he perceived the new agreement would be workable and would continue to be so in the future. When Councilman Ranallo indicated he had been told by persons who had attempted to replace antennas torn down by the storm that dealers had told • them they would not be carrying that type of equipment much longer because they perceived cable would make antennas unnecessary. Mr. Kaeding disputed the conclusion that reception through cable would necessarily be superior to antennas and he gave the costs for just installing cable, without the programming. He reported the cable lines had been strung over 35W and Highway 88 and said lines were being installed under the railroad tracks the last time he checked. However, the progress had been delayed by the tornado and the cable company is not sure how many lines in the City would have to be restrung. The revised ordinance should be ready for Council consideration at their next meeting, Mr. Kaeding said. Chuck Wiger and Judy Fletcher who represent the City on the Metropolitan Council and Metropolitan Waste Control Commission were present to respond to questions and concerns of the City related to the programs their agencies provide. In his May 8 memorandum, Mr. Childs had addressed the concerns-the-staf f-has-wi-t h-the-pr-oc-es-s-under-which-MWCC--sets-the-sewer rates for the City and he also gave his perceptions of the various services provided the City by the Metro Council . Mr. Wiger said he had been assigned to the Environmental Resources and Strategic Planning Committees and through them hopes to aid the communities he serves in a better fashion. The Metro Council had been one of the agencies who had offered its services after the tornado and the Council representative reported a metro housing hotline had been set up to provide • a quicker response to development questions than in the past. - 4 - 1 The Metro Council spokesman discussed some of the changes he perceives , • with the appointment of a new Metro Council Chair who he indicated would be chairing all appointment committes herself. He announced there would be a public hearing June 11 to establish a 15 member Regional Transit Board for which a chairman would be sought, a position for which Mr. Wiger believes Alice Rainville is the current forerunner. The Manager reiterated his appreciation of the assistance the Metro Council had given staff related to the development of a housing plan for bonding and in the pre- paration of the City's six year Capital Improvement Plan and said he was most pleased with the innovative methods the Mosquito Control Agency had implemented this year. Ms. Fletcher who told the Council she had only been on the Metro Waste Control Commission for ten months, indicated she was in attendance to review the MWCC's cost allocation system and to answer specific questions about the rates charged the City. She was accompanied by Ray Odde, Engineer, and Dick Berg, Finance Officer, from the Metro Waste Staff, who addressed some of the technical questions which were raised during the discussion. I. In the middle of her presentation, Brad Bjorklund of the Planning Commission �. arrived and expressed his displeasure with not being able to get into the building because all the doors were locked and lights in the hallways turned off. He questioned whether other persons who were interested in the Council business that night might also have been prevented from attendance. He was told the doors had been open at 6:30 when the Council conducted the Board of Review, and at 7:15 p.m. when the secretary had arrived, and the janitor • must have mistakenly locked up the building sometime in the interim. Mr. Childs promised to investigate the matter and to notify Mr. Bjorklund in writing of what he found. Ms. Fletcher distributed copies of the presentation she gave orally, in which she had addressed the City's charges for MWCC's treatment; the Area I service costs; and the costs estimated for the City in 1985. There was also a comparison between estimated and actual sewer charges from 1971-1983 and Mr. Odde had provided the final sewage. figures for 1983; a. graph depicting flow figures from 1974 through 1983; and a comparison of flow and cost figures for the 101 communities serviced by MWCC. Included in the agenda packet was Mr. Hamer's March 28 report on his attendance at a MWCC costs meeting in which he had addressed certain area of concern which he perceived required further clarification. He. reiterated that staff still had serious concerns about the accuracy and reliability of the metering of the City's discharge versus the water pumped by the City -- and-said-the-repet-it-i-on-of-estimated-bill-s-was--the-basi-s—for-some-of these concerns. The discrepancy in these figures, as well as the fact that the City's population had decreased by 2,000 persons in the last few years, had caused him to question the accuracy of the MWCC estimates, especially in view of the fact that the highest figures seemed to occur in the winter months when only a minimum of infiltration from residential footing tile and sump pumps would be expected. The Public Works Director told Mr. Odde the City had undertaken a program • of televising the City's sewer lines and repairing any defects in them, and he therefore, no longer believed that type of infiltration could be a major factor in the flow figures. Councilman Makowske wondered if the decline in school age population in the community should not have reduced the use of water for showering and washing hair to some extent, to .which Mr. Odde I 5 - responded that reports he had seen disputed somewhat the assumption that • older people use less water. The response to his statement was that many of' the City's retired persons go south for the winter and are therefore gone during December, January, February and March when some of the higher estimates of flow were made. Ms. Fletcher responded to the City's concerns about MWCC cost controls and financial planning by reporting the improvements in that area which the agency had initiated since the Boland Report and said her own background in education had led her to be very cost conscious. She also indicated a special administrator had been hired to oversee the agency's hiring practices. Mayor Sundland told Ms. Fletcher and Mr. Wiger just their willingness to appear before the Council had done much to improve the City's relationship with their agencies. They responded by saying they intended to keep the lines of communication open and urged the City to report any concerns to them immediately. The April Fire Department Report was ordered filed as informational . A draft of the Short-Elliott-Hendrickson, Inc. report on water pressure testing required by the Metropolitan Pollution Control Agency had been included in the agenda packet and the Manager noted that the engineers had confirmed the-original findings that the Rankin Road connection would be the most feasible to provide the City with a temporary water supply during the summer months. The City's application for a Super Fund grant • to pay for the connection had been approved, the Manager reported, and he said the cost of the second report would be paid from those funds as well . Motion by. Councilman Enrooth and seconded by Councilman Marks to confirm the Emergency Declaration which authorizes the City to take appropriate actions to minimize further loss of life, bodily injury and property damage from that sustained when a tornado and severe winds damaged the City April 26, 1984. Motion carried unanimously. Motion by Councilman Makowske and seconded by Councilman Marks to adopt Resolution 84-024 RESOLUTION 84-024 A RESOLUTION REQUESTING HOMESTEAD PROPERTIES DAMAGED BY--T-HE-APR I L-26 1984-STORM-Bf-RE-ASSES-SED FOR PURPOSE OF SPECIAL TAX CREDIT Motion carried unanimously. Mr. Hamer estimated the storm would cost the City well over $5,000 in land fill costs which would not include the costs of hauling large tree stumps to Elk River, the only site which would accept them for burial . Senators Boschwicz and Durenburger and Congressmen Vento, Sikorski , Sabo and Frenzel will be requested to aid the City in getting disaster assistance from the Small Business Administration and staff is exploring whether assistance is available from state agencies under the State Calamity Act. Staff had received inquiries regarding temporary on-site housing for • residents and commercial businesses while their properties are being repaired but no formal applications have come in yet, according to Mr. Childs. Although the Council perceives the, use of trailers or mobile homes would not be the best situation, it was generally agreed that each request would be treated individually, although the Manager noted, there was space available in the Lowry Manor which could provide more sanitary living conditions. The only inquiry for a commercial business would probably not be pursued because that business anticipates being able to open up in Apache soon. The Manager reported on a conference he had attended where a presentation on Bond ratings was given by Moody's Investor Services. He also reported one of the last pieces of legislation passed this session was a bill which precluded cities from charging for permits for video games of chance. Motion by Councilman Marks and seconded by Coucilman Makowske to adjourn the meeting at 9:40 p.m. for the brief Housing and Redevelopment Authority meeting which followed immediately. Respectfully submitted, Helen Crowe, Secretary • Mayor . . ATTEST: City Clerk LICENSES FOR COUNCIL APPROVAL • MAY 22 , 1984 CONTRACTORS LICENSE (Certificates/bonds on file) Ed Helseth Contractors, So. St. Paul DeRauf Construction Co, Mpls. Gurtek Construction Inc. , New Brighton Sunformations - Inc. , St. Paul. Suburban Lighting Inc. , Stillwater Cy' s Bldg. & Remodeling, Maple Grove Freeburg Construction, Mpls. Joe Nelson -Stucco Co, Inc, Coon Rapids Steve Kroiss & Sons , Shoreview Nick -M. Loscheider Construction, Golden Valley Sampson-Lindgren Inc. , Mpls . Summit Const. Company, Brooklyn Park Becker Construction Company, Coon Rapids C & M. Builders, Columbia Heights Binkley Construction; Brooklyn Park L.C. Contracting, Inc Mpls. Anthony Lesnar & Elmer Palen, Oakdale TEMPORARY BEER PERMIT Patricia Fagerlee Permit for beer in Central park for family reunion. • C C T Y O F S T A N T H G N Y N/c 5/22/84 A C C O U N T S P A Y A B L E PAGE 1 . VENDOR NAME CHECK CHECK CHECK nC. TYPE GATE NO. AMOUNT ^0030 A 6 8 SPCRTING GOODS R 5/22/84 06606 270.00 00045 ACRO-HINNESCTA R 5/22/84 06607 87.71 CC-12C AMERICAN LINEN R 5/22/84 06608 51.92 00280 BARTON CONTRACTING R 5122/84 06609 204.51 C043C ERIGHTCN AUTO ELECTRIC R 5/22/84 06610 6.83 0044^ BRIGHTON EXCAVATING R 5/22/84 06611 35.00 C052C ERYAN ROCK PRODUCTS R 5/22/84 06612 186.90 C066C CITY CF COLUMBIA HEIGHTS R 5/22/84 06613 22.40 00725 CCMSERV R 5/22/84 06614 934.60 CC81C DICKSON ELECTRIC, M P R °5/22/84 06615 147.50 ^C92C FEED RITE CCNTRCLS R 5/22/84 76616 80.80 00950 FIRESTONE TIRE CC R 5/22/84 06617 365.40 C1030 G 6 K SERVICES R 5/22/84 06618 2:3.20 01060 GARELICK STEEL CO R 5/22/84 06619 32.35 01080 GATEWAY HAREWARE R 5/22/84 06620 169.91 0114C GENUINE PARTS CC R 5/22/84 06621 95.14 C118C GOODIN COMPANY R 5/22/84 06622 25.11 01285 GRIFFIS OXYGEN R 5/22/84 06623 45.79 0136^ HALLING BRDS R 5/22/84 06624 49.87 014.1C HARMON GLASS R 5/22/84 06625 154.94 C146C HEALY LAECRATCRIES R 5/22/84 06626 34.00 01545 HOOVER hHEEL ALIGNMENT R 5/22/84 06627 21 .95 0166C ITEM CFEVROLET R 5/22/84 06628 22.26 C168C J C AUTC SUPPLY R 5/22/84 06629 73.94 C196C LAYNE MINNESOTA CO R 5/22/84 06630 19202 .37 C206C M E SUPPLY CC R 5/22/84 06631 36.35 C222C MELS VAN 0 LITE R 5/22/84 06632 156.96 02280 MICWEST ASPHALT CORP R 5/22/84 06633 259.45 C234C MILAN COMP! R 5/22/84 0'6634 27.75 02450 MOBILE RADIO ENGR INC R 5/22/84 06635 280.96 ^2670 NORTHERN AUTOMOTIVE R 5/22/84 06636 16.80 C274r CLSCN RACIATCR, CAVE R 5/22/84 06637 32.50 03120 RUFFRIOGE JCHNSCN EQUIP C R 5/22/84 06638 33 .60 0346C SPRING LK PK LUMBER CO R 5/22/84 06639 204.69 C347C STANDARE REGISTER CC R 5/22/84 06640 847.79 03505 SUNCLAND, ROBERT R 5/22/84 06641 26.00 0356C TRACY PPINTING R 5/22/84 06642 44.25 03565 TRACY CIL CO R 5/22/84 06643 1.216.00 03620 TWIN TIRES R 5/22/84 06644 68.62 C3735 WARNER INC SUPPLY INC R 5/22/84 06645 36.74 03740 hATER PRODUCTS CC R 5/22/84 06646 29252.82 03755 hlLENSKYS R 5/22/84 06647 84.06 06708 DAVID SPERRY R 5/22/84 06648 50.00 067C9 WARNING LITES R 5/22/84 06649 135.60 C671C RCAG RESCUE R 5/22/84 06650 27.47 06711 NEW BRIGHTON RENT-ALL R 5/22/84 06651 36.00 • 06712 NEW BRIGHTON HARDWARE R 5/22/84 06652 43.56 06713 NORTHERN PCNER PRODUCTS R 5/22/84 06653 78.50 06714 C W HARSTAD CO R 5/22/84 06654 256.00 06715 LAURA OLSON9 ESTATE R 5/22/84 06655 15.00 C I T Y O F 5 T A V T H C N Y P/E 5/22/84 A C C O U N T S P A Y A 8 L E PAGE 2 VENDOR NAME U-,ECK CHECK CHECK NO. TYPE CATE NC. AMOUNT 06717 ABM BRAKE CO R 5/22/84 06656 384.88 06718 LEONARD BISANTI R 5/22/84 06657 15.00 06719 THOMAS C'ROURKE R 5/22/84 06658 15.00 (1672G BOHDAN KRAMARCZUK R 5/22/84 06659 15.00 06721 VIRGINIA LIEBIG R 5/22/84 06660 15.00 06722 MERRIE GAY R 5/22/84 06661 50.00 TYPE TOTAL 11,336.75 TOTAL 119336.75 I I4. l.: • ,�,�+'1� ST. .AWTHONY IND. SCHOOL DIST, 282 3303 33rd Avenue N. E. Minneapolis, Minnesota 55418 -- Date v ,? TO CITY OF ST, ANTHONY Address 3301 Silver Lake Road City Minneapolis State MN 55418 Organization .Use of Park View facilities `99000.00 Date Rental Charges G As per lease agreement L- Cook Charges hrs @ lirs @ Janitor Charges . hrs @ hrs @ Other Charges Total 9,000.00 AN y LAW OFFICES STATEMENT OF ACCOUNT EDWARD J. HANCE •SAINT ANTHONY NATIONAL BANK BUILDING,SUITE 200 2401 LOWRY AVENUE NORTHEAST DATE: May 19 8 4 3 , MINNEAPOLIS,MINNESOTA 55418 Mr. David Childs PLEASE DETACH AND RETURN THIS City Manager PORTION , WITH YOUR REMITTANCE. City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 AMOUNT REMITTED $ IN RE: St. Anthony Prosecutions for the month of May, 1984 --------------------------------------------------------------------------------------------------------- DATE DESCRIPTION • $ 3 , 028 . 20 PAYMENTS CREDITS&ACCOUNT ADJUSTMENTS UNPAID PREVIOUS BALANCE FINANCE CHARGE PROFESSIONAL SERVICES Services rendered in connection with St. Anthony prosecutions for the month of May, 1984 $1 ,500. 00 Costs advanced: Photocopies - $40. 65 Postage - $ 1 .22 $ 41. 87 CURRENTFEES $1 , 541. 87 $ 4 , 570. 07 MINIMUM PAYMENT DUE $. Accounts due upon presentment of statement. A FINANCE CHARGE.at a periodic rate of.11/3% per month,equaling an AN- NUAL PERCENTAGE RATE of 16% will be imposed upon any Unpaid Previous Balance greater than $1.00, with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle, if the balance for that billing cycle was not paid in full within 30 days. NOTICE:See reverse side for important information. • CITY OF ST. ANTHONY BOARD OF REVIEW MINUTES May 8, 1984 The Board of Review was called to order by Mayor Sundland at 6:30 p.m. Present-for roll call: Marks, Ranallo, Sundland, Enrooth and Makowske. Also present: Robert Hanscom, Hennepin County Assessors Office and David Childs, City Manager (who arrived during the Hauglid review) Mayor Sundland gave a brief overview of the process of review. Mr. Hanscom gave the council . members a packet containing the 1984 Sales of residential property in St. Anthony. Mr. Daren Hauglid, 2617 - 27th Avenue N.E. 'indicated that he had missed the Board of Review process last year and had waited until now to seek relief. He was concerned with an increase in the valuation of his property from 70,300 to 84,000. He requested that his property be re-evaluated. Councilman Ranallo pointed out that the house located at 2613 - 27th Ave. (next door to Mr. Hauglid's residence) sold last year for $76,000. He was assured by Mr. Hauglid that the two homes contained similar footage and amenities. Motion by Councilman Marks and seconded by Councilman Enrooth to direct the Hennepin County Assessor to reappraise the property located at 2617 - 27th Avenue N.E. • Motion carried unanimously. A reconvene date for the Board of Review was set for May 22, 1984 at 7:35 p.m. Mr. Holger Malmlov, 3613 Belden Drive, reported that his valuation had increased from 77,000. to 85,100. Prior to this meeting he had requested a re-evaluation of his property from the Hennepin County Assessor. The reappraiser dropped the valuation to 81,300. Mr. Malmlov presented a list of reasons why he felt the valuation should be decreased and asked for further . consideration. Mr. Hanscom, responded that the Board of Equalization would be his next step if he wishes to pursue the matter, though it may not be to his advantage to do so. Further discussion with reference to sales of property similar in size and location ensued. Motion by Councilman Marks and seconded by Councilman Ranallo to direct the Hennepin County Assessor to again reappraise the property located at 3613 Belden Drive: Motion carried unanimously. Motion to adjourn.. Carried unanimously. Respectfully submitted, Judy Makowske,'Secretary (Maya►) Attest: (City Clerk) CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES May 15, 1984 1 The meeting was called order by Chairman Zawislak, having been.-delayed until the 2 school- board election polls had closed. 3 4 Present for roll call : Zawislak, Franzese, Bjorklund, Bowerman and Hansen. 5 6 Absent: Wagner and Jones (arrived at 8:05 p.m. ) 7 8 Also present: David Childs, City Manager. 9 10 Motion by Commissioner Bjorklund and seconded by Commissioner Franzese to approve 11 as submitted the minutes of the Planning Commission meeting held April 17, 1984. 12 13 Motion carried unanimously. 14 15 Mr. Hansen will report the May 15 Commission minutes to the Council at their 16 May 22 meeting. 17 18 The Chairman explained the procedure which would be followed in conducting the 19 public hearings scheduled for that evening. 20 21 At 8:01 p.m. he opened the public hearing on the request from KFC, Inc. for- a 22 conditional use permit which would allow them to remodel their existing Kentucky 23 Fried Chicken Restaurant at 2520 Kenzie Terrace, as proposed, including the 24 addition of a 7 foot by 16 foot 8 inch vestibule on the front and to move the 25 six parking stalls to the rear of the building back to the property line which 26 would eliminate the 20 foot grassy strip now located in that area. 27 28 Chairman Zawislak read the notice of the hearing which had gone out to all 29 adjacent property owners within 250 feet of the subject property and the Manager 30 said he had received no calls or letters in response to the. notice. No .one 31 present reported failure to receive the notice or objected to its content. 32 33 In his May 11 memorandum, Mr. Childs had explained that a conditional permit-was.- 34 necessary for the expansion because the restaurant is within 250 feet of a 35 r-es_idential—zone—or—struc-tur-a-. He—said—the_pr_oposed_par_ki-ng�chang.es—would not in conformance with the City Ordinance which requires-a 20 foot setback from 37 the property line. However, the 15 parking spaces proposed would meet, the 38 ordinance requirements fora restaurant which seats 24. The Manager said he 39 had not researched the original permit for the restaurant and wasn't certain 40 whether a variance would be necessary for the proposed parking changes. 41 42 . Jurij Ozga, Construction Supervisor for the KFC National Management Company, and 43 a man he identified as the KFC area manager, -were present and Mr. Ozga told the 44 . Commission memebers KFC is ,upgrading all its restaurants in much the same manner 45 as proposed .for .the St. Anthony-facilities. The construction supervisor told of 46 the improvement which would be made which -he- anticipates would make the restaurant 47 more efficient and aesthetically pleasing than it is at the present. He told' - 2 - • 1 Commissioner Bjorklund other KFC restaurants with a seating of 40 would normally 2 have between 16 to 20 parking spaces provided. Because they just lease the land, 3 Mr. Ozga said he wasn't sure whether there was any provision for shared parking 4 spaces in the center. 5 6 Glen Gavick, 2605 Lowry Avenue N.E., whose property abuts the grassy strip which 7 separates his side yard and the existing parking area indicated he would strongly 8 oppose the removal of that strip and "putting cars almost into my front room". 9 He told of the problems he experiences now with parked cars with radios blasting 10 and of the litter from the restaurant which blows onto his lawn. He said the 11 restaurant was there when he built his home, but wouldn't want the parking any 12 closer than it is now. 13 14 Mr. Gavick said he had come not to make trouble for the restaurant owners, but 15 just to see if something couldn't be worked out to reduce the annoyances he 16 experiences. He showed -on the blackboard just where his house was situated in 17 relation to the restaurant and told the Commissioners that he had put in the 18 fence and shrubbery which partially shield his home from the restaurant activities. 19 The homeowner indicated he had mowed the grass strip for the last seven years and 20 intended to continue to do so in the future. 21 22 Mr. Ozga responded by saying the restaurant owners were most anxious to have a 23 good relationship with the neighbors and would be willing to leave the green 24 strip and modify their parking plans, if necessary. He also said KFC .would be 25 cleaning up the restaurant grounds and would be putting up a fence to protect 26 the neighbor's properties. Mr. Gavick responded by saying, "Sounds good to me". `27 28 The hearing was closed at 8:25 p.m. for Commission consideration of a recommenda- 29 tion to the Council. 30 31 It was noted that other neighbors had consistently parked their family vehicles f 32 on the restaurant property and a fence might free up that space for restaurant 33 parking. Mr. Ozga told Commissioner Franzese the yard light indicated on the 34 site plans would be directed downward and would not illuminate the adjacent 35 properties and are on an automatic timer. 36 37 Motion by Commissioner Jones and seconded by Commissioner Bowerman to recommend 38 the Council grant a conditional use permit to KFC, Inc. which would allow them 39 to make the exterior and landscaping improvements, including the addition of a 40 7 foot by 16 foot, 8 inch front vestibule to their existing restaurant as proposed 41 in the site and landscaping plans presented at the May 15, 1984 hearing on their 42 proposal , contingent upon their constructing a substantial , opaque 5 or 6 foot -43 - fence along the east boundary of their property-and along the- rear-lot line- to- 44 connect with .an existing fence in the rear and to the rear of their building. 45 The Commission further directs that the permit should be made contingent upon 46 the information staff is able to research regarding a possible parking variance 47 when the building was originally approved and the approval of the construction 48 plans by the land owner of the shopping center where the restaurant is located. 49 50 In recommending approval of the permit the Commission finds that: 51 952 1. Granting the permit would reduce the existing nuisance to the adjacent single 53 - family properties in the forms of noise, litter, view and casual parking. 54 55 2. No opposition was expressed to the motion, as developed, from the adjacent - 3 - • 1 neighbor or any one else. 2 3 Motion carried unanimously. 4 5 At 8:40 p.m. , the Chairman opened the public hearing on the request to rezone 6 the property at 3631 Harding Street N.E. , from R-1 (single family residence) to 7 R-2 (two family residence) and for the lot size and width variances necessary 8 to construct the proposed duplex on that site. He read the notice of the 9 hearing which had gone out to all property owners within 350 feet of the subject 10 property and none of the 14 persons present reported failure to receive the ; 11 notice or objected to its content. The Manager indicated he had received only 12 two calls related to the proposal , both in opposition. 13 14 The Commission had, at their last meeting, unanimously given conceptual approval 15 to the Krueger proposal subject to the approval of the neighbors, perceiving 16 that the proposed structure had been so well designed that it would be hard to 17 distinguish from other single family dwellings and it would be built next to 18 another duplex. 19 20 In his May 11 memorandum, the Manager had reiterated that, in addition to 21 rezoning the property a variance would be required, since the lot is 10,400 22 square feet where the Ordinance requires 12,000 square feet, and is only 80 23 feet wide, where a width of 85 is required. He had also informed the Commission 24 that the adjacent property owner, Harvey Herzog, 3627 Harding Street N.E. had 2 5 changed his mind about the proposal , which he now opposes. 26 1027 The eight people who spoke all indicated they were opposed to rezoning the 28 Krueger property for rental property, primarily- because of the bad experiences 29 they had with the tenants and maintenance of a duplex in the neighborhood. 30 They told various stories of- problems with the large number of cars parked 31 outside the duplex all the time, the transient tenants who showed little 32 consideration for the neighbors in their living habits which made the residence 33 a general nuisance for the neighborhood, and downgraded the property of the 34 other residents. 35 36 Mae Gerard, 3621 Harding Street N.E. , said when she had complained about the 37 uncut grass she had been told by the City it had to be ten inches tall before 38 they would do anything about it. She and Carl Jarva, 3632 Harding Street N.E. , 39 questioned why, if the zoning was wrong, the request had gotten to the point of 40 a public hearing. They were told every property owner has the right to make a 41 zoning proposal and the hearing that evening was the second step in that process 42 which had been set up in the Zoni.ng Ordinance. When Mr. Jarva asked why Mr. 43 Spellman=s-request for--a-duplex-a-few-years-ago-had-gone no-fur-ther--than-the - 44 concept review, Commissioner Jones told him that, when that applicant for 45 rezoning realized there would be so much neighbor resistance; he had decided 46 not to pursue the matter further, since to do so, would involve the payment of 47 an application fee for the public hearing which, in this instance, Mr. Krueger 48 had .paid in advance of this hearing. 49 50 Rick Werenicz, 3610 Harding.-Street N.E., told Mr. Childs the reason he had gotten 51 so few calls about the proposal had been because Mr. Werenicz had canvassed the �52 neighborhood and secured 80 signatures on a petition which "strongly opposed the 53 rezoning proposal", which he then read to the Commission. Those signatures 54 represented 56 households along' Belden, Coolidge, Edwards,- and Harding and Mr. r 55 - Werenicz said, only four of..-the 60 he contacted had indicated they would be in - 4 - • 1 favor of the proposal . He also indicated most of those opposing the rezoning 2 were especially concerned about the use of the property in the event the pastor 3 is transferred, which could very easily happen. 4 5 Mrs. H. McHugh, 3640 Coolidge Street N.E., said she owns rental property and 6 her experience has been that the tenants ruin the property. She said she is 7 opposed to any type of rental property in St. Anthony. Her sentiments were 8 shared by Jim Mancino, 3626 Harding Street N.E., who said, "tenants are never 9 the same as home owners". 10 11 Commissioner Hansen responded by saying the issue before the Commission should 12 not be renters versus private property owners, but rather, whether or not to 13 rezone the Krueger property as requested. He said the same problems with 14 renters are present when single family homes are rented out in the City and the 15 Chairman commented that he knows a few home owners who are poor neighbors as 16 well . Commissioner Franzese indicated that she perceived an empty lot would 17 not be an enhancement to the neighborhood either. I-8 19 When Elmer Beerman, 3622 Coolidge Street N.E., asked just what control the City 20 had over the conversion of single family property into double occupancy, the . 21 Manager said the Ordinance provides for relatives living with families without 22 rezoning, as long as separate cooking facilities are not installed. He also 23 said because of the civil rights issues involved, the ordinance had been 24 rewritten to recognize up to six individuals living in a dwelling as constituting 25 a family. 26 • 27 The hearing was closed at 9: 10 p.m. 28 29 The general consensus of the Commission members was that the neighbor's were 30 not so much opposed to a duplex per se but that their opposition stemmed from 31 their unhappiness with the manner in which another duplex in that neighborhood 32 is maintained and the type of tenants which have come and gone there over the 33 years. Commissioner Jones disputed the impression that all duplexes are 34 maintained so poorly, pointing to several examples in the same area which he 35 believes refute that claim. He suggested the neighbors should report any 36 maintenance, parking, or noise violations to Mr. Childs who is "very accessible", 37 and to the Mayor or Council members who the Commissioner said, are always happy 38 to hear from their constituents. He complimented those present for their 39 vigilance of what is happening in their neighborhood and said it i-s a rare 40 occurence to have residents avail themselves of their privilege to affect City 41 decisions. The Commissioner said, without their opposition, he perceives the 42 proposal would probably have gone to the Council with the Commission's 43—r_ecommendati-on_for appr_oval_,_since they_had_encouraged the applicant to seek 44 a public hearing because his proposal had impressed them so favorably before 45 they knew the neighbors would be opposed to it. Commissioner Bjorklund urged 46 those present to continue that vigilance by attending the May 22 Council meeting 47 where, he said, it is possible that the Council would reverse the Commission 48 recommendation of denial . The Manager indicated that he rather expected the 49 application would be withdrawn once Mr. Krueger learns of the opposition and 50 he promised to let the neighbors know if that should happen. 51 52 Commissioner Franzese said she was prepared to vote for a recommendation of 53 denial but was nevertheless sorry the bad experience with another duplex had 54 prompted so much opposition to this proposal which she personally believes, 55 would have produced a well designed-home which could have been aesthetically - 5 - . 1 pleasing to the rest of the neighborhood. 2 3 Motion by Commissioner Bjorklund and seconded by Commissioner Jones to recommend 4 Council denial of 'the request from Howard Krueger for rezoning his property at 5 3631 Harding Street N.E., from- R-1 (single family dwelling) to R-2 (two family 6 dwelling) and the accompanying lot size frontage variances, finding that: 7 8 1. There was major and significant opposition to the proposal from the 9. . neighbors during the May 15, 1984 hearing which was reflected in the petition 10 of opposition signed by 80 persons from that area. 11 12 2. The rezoning would be contrary to the City's land use plans for that 13 neighborhood. 14 15 Before the vote was taken, Commissioner Bowerman suggested it might be advisable 16 to refer to the lot size deficiencies to which Commissioner Jones responded that 17 he could not accept that friendly amendment because, even if the lot met all 18 zoning requirements, in the face of all the opposition demonstrated that evening, 19 he would have voted against the request. Commissioner Bowerman withdrew his 20 amendment suggestion. 21 22 Motion carried unanimously. 23 24 The meeting was recessed at 9:15 p.m. and reconvened at 9:20 p.m., for the public 25 hearing for a variance to the Fence Ordinance which would permit Ken Heibel to 26 construct an 8 foot 1 inch by 4 inch cedar board fence on his property at 3341 27 Skycroft Circle. 28 29 Commissioner Bjorklund had left the meeting during the recess. 30 31 In his May 11 memorandum to the Commission on the proposal , Mr. Childs had 32 indicated he would recommend approval of the fence variance as requested, but 33 indicated he would have some reservations about allowing the "ornamental" 34 rafters closer than 3 feet from the property line. No objections had been 35 received from the neighbors and Mike Heibel who represented his father at the 36 hearing, indicated the next door neighbor, Maurice Hugill , 3337 Skycroft Circle 37 had voiced no objections to the plan when it was presented to him. He said Mr. 38 Hugill 's garage abuts the fence which divides his property from the Heibel 's 39 and there are no living areas on that side. 40 41 No other person was present to speak for or against the proposal and Mike Heibel 42 said his family had no intention of making a roof out of the rafters, but rather, ---4-3 planned- to_keep_them_open_f_or_hangi-ng_p_l_ants.,_etc_.—It_w.as_al_so determined that 44 the grade elevations on the Heibel property were lower than the neighbors' so 45 an eight foot fence would not look strange where proposed. Commissioner Jones 46 indicated his first impression had been that the fence would be constructed 47 right under the eaves of the house, but having been assured the eaves would be 48 at least two feet higher, concluded that an eight foot fence would probably 49 provide a better balance in appearance than one, two feet shorter. Commissioner 50 Hansen said he agreed, adding that, if the stringers area allowed, the six foot 51 fence would probably be much more objectionable. 52 53 Commissioner Franzese was told that,, although the same application forms are 54 used for fence variances as are used for other'. varia,nces, the criteria are not 55: the same as for zoning variances. .ti - 6 - • 1 The hearing was closed at 9:50 p.m. (estimated) 2 3 Motion by- Commissioner Bowerman and seconded by Commissioner Hansen to 4 recommend to the City Council that they permit Ken Heibel to construct the 5 8 foot fence with an open rafter attachment to his house, as he had proposed, 6 on his property at 3341 Skycroft Circle, recognizing that a two foot variance 7 to the Fence Ordinance requirements would be necessary, but also recommending 8 that the approval be made contingent upon the rafters being not less than 24 9 inches on center and that they never be covered in such a manner as to constitute 10 a roof or shelter. ll 12 Motion carried unanimously. 13 14 The Commission members gave conceptual approval to the request from Mike 15 McGinn, 4021 Fordham Drive, that he be able to split the 124.5 X 295.9 foot 16 - lot at 4017 Fordham Drive he had just purchased into two single family lots 17 each 62.25 X 295.9 feet, even though the frontages would be less than the 75 18 feet required by the Zoning Ordinance. They based their decision on the 19 precedent which had been set for other 62 foot wide lots in the same area as 20 pointed out in the May 11 memorandum from Mr. Childs; on the type of homes which 21 would be built and on the fact that no one in the neighborhood had opposed the 22 project when Mr. McGinn had canvassed the neighborhood. 23 24 Commissioner Jones indicated because of the past history of vandalism and 25 problems which resulted in the City police being called to the Equinox 26 Apartment complexes oftener than normal , he was recommending the City Ordinance 27 be modified to require double stalled garages for any future apartment complex 28 garage construction-. The amendment was tailored to give. the City the right to 29 demand that the Equinox garages be rebuilt in a manner which would provide 30 greater security and cut down on the number of police calls which the Commissioner 31 believes are a result of having four stalls between each fire wall . 32 33 Motion by Commissioner Jones and seconded by Commissioner Bowerman to request 34 the City Ordinance be modified to permit only two stalls per partition in 35 apartment complexes because of the problems the City has had in the past with 36 open spaced garages. 37 38 Motion carried unanimously. 39 40 The Manager gave an updtate on the tornado damage and the City's actions since 41 that time. He said a reasonable time would have to be given persons whose homes 42 were damaged to clean up their property but eventually the City would have to 4 3—enforce-the-or-di-nances.—He--said-the-City—i s-no_longer-_.pi-ck-i ng_up_r_ef_u se_f_r_om 44 the streets and it is now the home owners or contractors responsibility to do so. 45 The Manager indicated he would be meeting with the greenhouse owners the next day 46 to find out what they intend to do with their properties. 47 48 The possible redevelopment of the Walbon properties; the criteria set for the 49 City getting Small Business Administration low interest for the under-insured 50 home and business owners, and Craig Morris'- sign were all touched on lightly. 51 52 Motion by Commissioner Bowerman and seconded by Commissioner Hansen to adjourn 53 the meeting at 10:12 p.m. 54 55 Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PEP14IT Notice is hereby given that there will be a public hearing before the Planning Commission of the City of St. Anthony on Tuesday, May 15 , 1984, at 7: 35 P.M. , in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the purpose : Consideration of a petition for a conditional use permit. Granting of the permit would allow for remodeling of the. • interior and exterior of the Kentucky Fried Chicken restau- rant located at 2520 Kenzie Terrace N.E. Interior remodel- ing would include the dining room and restrooms . Exterior improvements would include a new mansard and cupola, yard lighting, landscaping, parking lot resurfacing and striping, and the addition of a front vestibule. Anyone wishing to be heard in reference to the above shall be heard at said time and place. David M. Childs City Manager —----Publish: --Ma—y-2 19 8 4. Ud Le iAprrl lo, 1984 Fee: $100.00 CITY OF ST. ANTHONY Application for Conditional Use Permit (other than day care center) Applicant Schenck & Associates, Inc. Phone 233-2057 Address P.O. Box 36, 327 E. Vine Street Lexington, KY 40507 Status of applicant (owner, buyer, renter, agent, etc. ) Legal description of property in question (See Attached) Street Address 2520 Kenzie Terrace Zoning district in which property is located C Commercial Conditional use proposed Restaurant (Remodel) • Minnesota statutes and City ordinances require that the following conditions be satisfied before a conditional use may be authorized: Yes No 1. The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. Yes 2 . The proposed conditional use will not be detrimental to the health, safety or general welfare of persons resid- ing or working in the vicinity or injurious to property values or improvements in the vicinity . Yes 3. The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public conveni- ence and will contribute to the general welfare of the neighborhood or community_. _ Yes _ Explain: See Attached -fuse additional sheets if necessary) 4VA/ 6 Signature of Applicant Airy F 10 AP 23 l O D 0:000K CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION REZONING PETITION Notice is hereby given that there will be a public hearing .before the Planning Commission of the City of St. Anthony on Tuesday , May 15 , 1984, at 7: 45 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose : Consideration of a petition for a variance from the City Zoning Ordinance in regard to lot width and size to allow for the building of a two-family dwelling. The petition was filed in regard to that property described as .that part of Lot 2 lying North of the South 41 feet thereof and West of the East 130 feet thereof in Block 2 , Gardena Acres . Con- sideration will also be given to an application to rezone the above described property (also known as 3631 Harding Street N.E. ) from R-1 (single family residential) to R-2 (two family residential) . Anyone wishing to be heard *with- reference to the above matter shall be heard at said time and place . David M. Childs City Manager Publish: Play 2 , 1984 . Date April 20,1984 Fee: $100.00 Petition for Rezoning CITY OF ST. ANTHONY Ho-ar d W. Krueger 3420 Coolidge Street N.E. Petition for Rezoning St. Anthony, MN 55418 I request this zoning change to enable building a two family dwelling. Because of the drop in the terrain from the street to the back of the Howard W. Krueger 789-2798 lot, this would allow utilizing the walk-out basement as an apartment. Applicant 8 Phone 8 p My purpose is to live on the main floor (which would be at street level) Address 3420 Coolidge Street N.E., St. Anthony, MN 55418 and allow for an apartment to be used by a parent or rented on the lower (basement) level. The lower level would be completely above Status of applicant (owner, buyer, lessee, etc.) owner ground at the back of the lot (east) allowing for walk out on that side. Legal description of property proposed for rezoning That part of Lot 2 lying North'of the South 41 Feet thereof and West of the east 130 feet thereof in Block 2, Gardena Acres. Street Address 3631 Harding Street N.E. Presently zoned R-1 Proposed zoning change to R-2 1. Attach to this petition a statement as to why this zoning change is requested. 2. If an entire parcel of land is proposed to be rezoned, submit with this petition a map or plat showing the land proposed to be rezoned and all lands within 350 feet of its boundaries. 3. If a portion of a larger parcel of land is proposed to be rezoned, submit with this petition a preliminary plat prepared in accordance with Sections 330:00 through and including 330:20 of the St. Anthony Code of Ordinances. Signature of Applicartf Signature of Owner If other than applicant) 1()D 10 Q.000K pY 19 a • uetc;Apr i 1 20,1984 • . Fee: $25.00 R- ......... Other....... $25.00) CITY OF ST. ANTHONY I Petition for Variance PETITION FOR VARIANCE Howard W. Krueger • 3420 Coolidge Street N.E. St. Anthony, MN 55418 Applicant: "Howard W. Krueger Phone:789-2798 ) 1. 1 seek variance to permit building a two.family dwelling, since Address: 3420 Coolidge Street N.E., St. Anthony, MN 55418 I 1 the City of St. Anthony Zoning Ordinance requires a slightly wider and larger parcel. Without this variance it is impossible to Status of applicant (owner, buyer, renter, agent, etc.) : owner I secure a building permit. i Legal description of property etitioned for. variance:That part of Lot 2 2. This variance is sought, not to increase the value of the g P P P Y P B parcel lying North of the South 41 Feet thereof and West of the East 130 feet thereof in -�! of land, but to make it possible to utilize it for construction .Block 2, Gardena Acres. •� of the proposed building. - Street address: 3631 Harding Street N.E. 3. This variance is sought to alleviate the difficulty caused by i Cicy ordinance requiring minimum width and size for the purpose Zoning district in which property is located: R-2 ) of R-2 construction. Variance would allow proposed building ,l to be constructed. Request: variance on lot width and size to allow building of two family dwelling. Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively. If the answer to a statement is Yes, please explain, using additional sheets. Yes No 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship, as distin,uished from a mere inconvenience should the applicable ordin- ance be strictly enforced. 2. The purpose of the proposed variance is not based j exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property X in the vicinity or zoning district. _ 3. The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in. the parcel of land. _ Pursuant to Section 15, Subd. 5, of the City of St. Anthony. Zoning Ordin- ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. Signature of AppliYAnt ppCK Signature of ner o er AP 19 1 0.0 2 5' than applicant) .y,.,,... _. .... -...._ar,...... t I I Flfll I I i Bedro om Mas{ Ij nq R ool" 4 x r! f3edr°om 114 x !6 �r n ly SoI4rium h Y. 23 . i Bedroom p rn Room q xrs 9X13 1 , n ' ►' Kra-ehen D•'.. 11 X 1� G orage ; r 35 >=ntr y r r i r ( er eve �fpp I I I I I Bedroom L,�v `n9 Room Dil% �i x 12 x Room gedroom Box Yx'll 9 x 13 0 ❑O i -Furnace aT d I y unexcavated (g car a Lower Level —loo� i i i - sr �t of ti i 1 zs TO MEMBERS OF THE PLANNING COMMISSION , CITY COUNCILMEMBERS, AND THE MAYOR OF ST. ANTHONY: The following names are concerned property owners living in and around the Gardena Acres section of the City of St. Anthony . We concerned property owners wish to express our desire concerning 'r the application to rezone the property located at 3631 Harding Street N.E. from R-1 single family residential to R-2 ' two family residential. We property owners are strongly g y 0 pposed to this rezoning proposal and feel it would not be in our best interests. By allowing this variance now it would open the door to the possible future rezoning of .other vacant properties within our area and the possible lowering of the quality of life we are now accustomed to. By signing our names to this petition we urge you members to vote no for the rezoning proposal now before you. NAME ADDRESS A �✓t/u�. rum �, �. br,, - �k cur_d�:__ A i 3 Z e r 01� 1) 7� ;a -2- NAME ADDRESS _ `{ . tz wog— C7-U 3�v9 vLco X6/ 7 �Ec -2-t* � � X34 7 N. . �' /✓ '�' ���3 C Al`s I Cp -13 a, � ST 3b 3 2 . 1 -3- NAME ADDRESS -�l-cW �e�l & R X00 3 6 Pj-- ovC. l 31F7z9 nc- r2 3 S�2. 91 3 ,5 D ,6 eielLe XZ7 IAN/ - :34 3y gal D�vE A 7v)-- 4.0 -4- NAME ADDRESS 4 . ,cJ i t``iLL .'Ey) 6 yy� ,tr 3 _r r -r - yo` (l Y Fee : ether. • CITY OF ST . ANTHONY PETITION FOR VARIANCE flo�.E 'Id/ -�37q Applicant: A&AjAitr/4 .T. -All&8dtt Phone : QFFiL6 r2.8 Address : J341 zMy CROF r C/9Q_E Status of applicant (owner, buyer, renter , agent , etc. ) : 0cuoj(:2 Legal description of property. petitioned for variance : Lor Z`, d(_4 crc 2. , 3T. Aovr?J%&vy r"AcE N Aoveot AO n& Street address : .3341 SKyCjeewr C/f e-c-0 Zoning district in which property is located : Request : ✓AjeiANc.e Fee FEMCCE. I�&ieNr Ta 8 r=&e-r Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively . If the answer to a statement is Yes , please explain , using additional sheets . Yes No S1 . Because of the particular physical surroundings , shape , or topographical conditions of the parcel of land involved, the proposed variance would re- lieve an undue hardship , as distinguished from a mere inconvenience should the applicable ordin- ance be stricti�., enforced . X 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district . X 3 . The alleged difficulty or hardship is caused by City ordinance and has not been created by any - - ---- persons—presen-tly--hav-ing-- an- n-teres-t in-.-the—pa-r-cel -- -- of land. x Pursuant to Section 15 , Subd . 5 , of the City of St. Anthony Zoning Ordin- ance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . • • Signature f Applicant Signature of wner ofFer than applicant) CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, May 15 , 1984, at 8 :15 P.M. in the' Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose : Consideration of a petition for a variance for the erection of an 8 foot wood fence. The petition was filed in regard to that property described as Lot 26 , Block 2, St. Anthony Terrace Manor Addition (3341 Skycroft Circle) . Granting • of the variance would allow for an 8 foot, 1" X 4" cedar boards, fence , mounted vertically on said property. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager I4---- CO 2 � I C'J I . - C V I IN 1�o,oas�0 F�Ncb 'r�����r v�a,aNCE 33#4 s� Geoffr . CI4L" I C q K a " CEDa BOA N S - MOU7W • � a I 2 2 b I Nrr+P�G4 W S..y.c.si2 7v EXi.Sr'IAJG L I I M q Rbu ova X i �1 sTi uC I CEDA{ _ �2u U G N S/4�w6� I Fi=nite wove o 13 em s'TR P/V&q ' To A"Tt4 � 1 I Gx�STiNG . 1 be 15r/^J - F�NGd Etc I STI&I G 5-2-84 I i • • SALES MUMARY APRIL 1984 Store One Store Two Store Three Combined On Sale Off Sale Speakeasy ®m Sale Off Sale Warehouse Sales - Apr. '�A 263,531.04 35,653.00 26,831.08 1,666.02 18,411.86 42,277.31 138,691.77 gales - Apr. '83 193,176.29 34,010.04 66,297.17 2,254.72 22,146.95 68,467.41 - Increase $ 70,354.75 1,642.96 39,466.09* 58.8.70* 3,735.09* 26,190.10* 138,691.77 Increase % 36.42%' 4.83% 59.53%* 26.12%* 16.86%* 38.25%* Sales - 4 Hos. '84 1,044,125.05 140,806.97 105,100.11 7,326.62 83,077.29 192,533.70-: 515,280.36 Sales - 4 Mos. '83 726,113.72 129,142.42 256,926.42 10,461.22 81,702.88 247,880.78 - Increase $ 318,011.33 11,664.55 151,826.31* 3, 134.60* 1,374.41 55,347.08* 5151280.36 Increase % 43.80% 9.03% 59.09%* 29.97%* 1.68% 22.337.* * Decrease Agenda Item: Reports-4a Status : Informational MEMORANDUM DATE: May 16 , 1984 TO: David Childs , City Manager Department Heads FROM: Connie Kroeplin, Administrative Secretary SUBJECT: Staff Meeting Notes - May 16 , 1984 ---------------------------------------------------------------------- The meeting began at 9 : 30 A.M. Present were Lee Entner, Dave Childs , Don Hickerson, Ray Nelson, Larry Hamer, and Connie_ Kroepl,in. Carol Johnson was absent. The meeting began on a light note with Chief Entner boasting of the excellent fishing on Leech Lake during the opening fishing weekend. A long and interesting discussion regarding the aftermath of the April 26th tornado touchdown ensued. Everyone present had comments and information about different aspects and effects ,caused by the tornado. Additional names for the thank you letters were noted and • also the insurance coverages resulting from the storm damage. Ray Nelson has discussed reopening the Apache liquor stores with C. G. Rein Co. As yet, no date has been specified. Business in- terruption insurance for the liquor stores was explained by Mr. Nelson. The liquor warehouse grand opening will take place from June 11th through June 16th . A commercial, which will feature Lila Johnson, will air on Channel 11 from June 2nd through June 16th. Dave Childs asked Chief Hickerson to check on the parking problems at the St. Anthony Nursing Home. Chief Hickerson will submit a resolution to the Council for loan of an intoxilyzer machine in the Police Depart- ment. Officers will be required to attend a day long training session before they use the machine . Mr. Hamer noted the weight room is ready to be used. Mr. Childs is checking into a request from the Weather Service asking the City of St. Anthony to act as a non-profit sponsor for the Service ' s purchase of radar equipment. Mr. Childs is also pursuing emergency procurement for the waterline hookup with Roseville . The meeting was adourned at 10 : 55 A.M. • cjk CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION ------------------------------------------------------------------------ Date Submitted Type of. Action Requested Agenda Item Number x Resolution 5/16/84 New Business-1 Ordinance Date .-Action Requested: Formal Action/Motion Title Police Depart- ? Other ment Use of an May 22 , 1984 Intoxilyzer ------------------------------------------------------------------------ TO: Mayor and Councilmen FROM: Don Hickerson, Chief of Police ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: The State of MN is currently replacing all old Breathalyzer equipment with new Intoxilyzer 5000's and similators. A council resolution is necessary for us to receive new equipment. (Our old Breathalyzer is owned by the State) The new equipment will be a loan to us and will also save on manpower costs and ampule costs. The new tests will take less time to administer and the new Intoxilyzer does not use ampules. • FISCAL IMPACT: Will save City substantial amount. ALTERNATIVES : Have no breath testing equipment or obtain new equipment. RECOMMENDATION: That resolution be passed and new equipment obtained. • CI�y MAtJACERIS REVIEW: COMMENTS: AGREEMENT FOR THE LOAN OF INTOXILYZER 5000 EVIDENTIAL BREATH ALCOHOL TEST INSTRUMENTS THIS AGREEMENT, MADE AND ENTERED INTO by and between the State of Minnesota, Department of Public Safety (hereinafter referred to as "DPS") and the local government unit(s) designated as "Recipient" on page 3 of this agreement (here- inafter referred to as "Recipient"). WITNESSETH: WHEREAS DPS has received grants and or appropriations of money for the purchase of Intoxilyzer 5000 breath test instruments, and breath alcohol simulators; and WHEREAS DPS desires to provide a mechanism through which local law enforce- ment agencies may use these breath test instruments to assist them in the de- tection of drivers who are in violation of Minnesota laws relating to traffic and highway safety, or for other law -enforcement applictions, NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN the parties hereto as follows: I. DPS' Responsibilities. A. DPS shall make available to Recipient an Intoxilyzer 5000 evidential breath test instrument and a breath alcohol simulator specified on page 3 of this agreement. Recipient will use and have possession of these instruments; but DPS shall retain title and legal ownership of the instruments. B. Any and all repairs shall be made by or at the direction of DPS. If �.. funding is available, DPS will pay for the cost of maintenance and repair or replacement due to normal wear and tear resulting from routine, proper use of the instruments. C. DPS will maintain all necessary state and federal inventory control records on these instruments. II. Recipient' s Responsibilities. A. Recipient shall use the instruments specified on page 3 of this agree- ment to assist in enforcing Minnesota laws and local ordinances and for other law enforcement applications. B. Recipient shall keep and maintain the instruments in proper operating condition. Recipient shal.l 'supply all disposable components for the instru- -- merits-at-Reci-pi-ent's-expense: -- — — .C. Recipient will be responsible for the cost of repairing or replacing instruments which, in the opinion of the Bureau of Criminal Apprehension, have been damaged due to abuse. misuse or other cause outside the scope of normal wear and tear in routine proper use. Recipient will also be responsible for the costs of maintenance and repair resulting from normal wear and tear in routine proper use of these instruments if funding for such maintenance and repair is not made available to DPS. D. The instruments shall be made available for use by any breath test operator certified by the State of Minnesota. -1- E. Recipient shall n- , permit the instruments to be operated or tampered • with by individuals who ar: not trained in their operation and certified by DPS as Intoxilyzer 5000 operators. F. Recipient shall make the instruments available to authorized personnel when required for inventory or inspection purposes. G. Recipient shall cede to DPS the Breathalyzer 900 and 900A instruments described on page 3 of this agreement, which DPS may dispose of through trade, sale. or .other means, it being agreed that any proceeds of such disposition shall be retained by the State of Minnesota. I11. Term of Agreement. This Agreement- shall take effect on the date of final approval by the Commissioner of Finance and remain in effect until terminated by either of the parties as provided in section IV. IV. Termination. This agreement may be terminated by either DPS or Recipient with or without cause upon sixty (60) days written notice to the other party. In the event of such termination, Recipient shall return the instruments to the Bureau of Criminal Apprehension Laboratory within thirty (30) days after the termination of this Agreement. If Recipient fails to return the instruments within this time period, Recipient may be assessed the cost of the instruments. • V. Assignment. Recipient shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of DPS. VI. Liability. Recipient agrees to indemnify and save and hold the State of Minnesota, its agents, and its employees harmless from any and all claims arising from the use of the Intoxilyzer 5000 'Instrument or from the performance of this Agreement by Recipient or Recipient' s agents or employees. VII. Relationship of Parties. Neither Recipient nor Recipient's agents or employees are to be considered to be agents of DPS or to be engaged in any joint venture or enterprise with DPS;-and nothi-ng-herein-shat-1-be-cons true d-to-create-such-a-re-l-ati-onshi-p. — - -2- IN WITNESS WHEREOF, the parties hereto, intending to be bound hereby. have caused this Agreement to be duly executed. RECIPIENT: City OF St.. Anthony STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY for. Installation at St. Anthony PD BUREAU OF CRIMINAL APPREHENSION LABORATORY:. INTOXILYZER 5000 Recommended for Approval : Serial Number 64-0267 By: Lowell C. Van Berkom State asset number 529705 Title: Forensic Laboratory Director MARK II A SIMULATOR Date: Serial number M-008238 DEPARTMENT OF PUBLIC SAFETY State asset number 529890 By: Description of Equipment ceded to the Title: State of Minnesota: Date: Approved as to Form and Execution: Breathalyzer 900A S/N 381814 ATTORNEY GENERAL: By: �• Date: RECIPIENT: COMMISSIONER OF ADMINISTRATION: By: By: Authorized ignature Title: Date: Date: APPROVED By: COMMISSIONER OF FINANCE: Title: By: -Date-:-------- --Date.:- -- --- A certified copy of the resolution must be attached authorizing the city Of St. Anthony to enter into this Agreement and authorizing the and to execute this 0 greement. p -3- • RESOLUTION 84-025 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY BE IT RESOLVED that the City of St. Anthony enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose : To receive from the State of Minnesota, Department of Public Safety, an Intoxilyzer 5000 breath test instrument and breath alcohol simulator on a loan basis . The instruments are to be used by law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169 . 121, or . other Minnesota laws or local ordinances or other law enforcement purposes . BE IT FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized to execute said agreement. Adopted this day of. 1984 . Mayor ATTEST: City Clerk Reviewed for administration: City Manager CERTIFICATION State of Minnesota ) City of St. Anthony ) • T hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of St. Anthony at a duly authorized meeting thereof held on the 22nd, day of .May, 1984 . . City Clerk ADVERTISWENT FOR BIDS • WATERMAIN CONSTRUCTION 29TH AVENUE N.E. ST. ANTHONY, MINNESOTA Notice is hereby given that the City Council of the City of St. Anthony will receive sealed bids at the St. Anthony City Hall, 3301 Silver Lake Road for the construction of watermain until 2:00 P.M. , C.D.T. , ON MONDAY, JUKE 41, 1984, at which time the bids will be publicly opened and read aloud. Major quantities for the above project are as follows: 1500 L.F. 12" WATERMAIN 3 EACH ROADWAY CROSSINGS Plans and specifications may be seen at the City Hall or at the office of Short-Elliott-Hendrickson, Inc. , 222 East Little Canada Road, St. Paul, MN 55117 . All bids shall be made on the proposal forms provided and shall be accompanied by a cash deposit, cashier's check, bid bond, or certified • check payable to the City of St. Anthony, for not less than 10% of the total amount bid. Bids shall be directed to the City of St. Anthony, securely sealed and endorsed on the outside wrapper, "BID FOR WATERMAIN CONSTRUCTION ON 29TH AVENUE N.E ." . The City of St. Anthony reserves the right to reject any and all bids, to waive irregularities and informalities therein, and further reserves the right to award the contract in its own best interest. Copies of the Contract Documents will be furnished by Short-Elliott- Hendrickson, Inc. , on request to any prospective bidder upon a deposit of $25.00 which will be refunded upon the return of the documents in good condition within fifteen, (15) days after the date of the bid opening. - -- - - — - -- --- - -- -DAVID-M eCHI L-DS-, -- CITY MANAGER ST. ANTHONY, MINNESOTA 0 3408 Skycroft Drive St. Anthony, Minnesota 55418 May 10, 1984 David Childs , City Manager 3301 Silver Lake Road N.E. St. Anthony, Minnesota 55418 Dear Mr. Childs: I would like to request permission from the city council to use the cul de sac at 34th and Skycroft Drive for a block party on the evening of Friday, May 25th between 6 and 10 p.m. A pot luck supper is planned with seventeen families invited from the immediate area. Thank you. • Yours truly, CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION ------------------------------------------------------------------------ Date Submitted. Type of Action Requested Agenda Item Number Resolution New Business 5 May 18 , 1984 Ordinance Date Action Requested Formal Action/Motion Title Other May 22, 1984 CDBG Year 10 Allocatio i -- ----------------------------------------------------------------------- TO: Mayor and Councilmen FROM: David Childs , City Manager i SUMMARY DISCUSSION OF SUBJECT: The attached shows the County' s action with respect to our CDBG program. As you can see, they won' t fund the sidewalk on Stinson. FISCAL IMPACT: ALTERNATIVES : RECOMMENDATION: Staff recommends the $5, 000 be reprogrammed to the senior . housing project site improvements category. •, CITY MANAGER'S' REVIEW: COMMENTS : OFFICE OF PLANNING & DEVELOPMENT `•''" °� • C-2353 Government Center Minneapolis, Minnesota 55487 HENNEPIN (612) 348-6418 May 9, 1984 Mr. David Childs City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Dave: PACAC One has requested that the city reallocate the sidewalk monies ($5,000) to other eligible projects. If the monies are to be programmed into other Year X projects or other • projects discussed at the public hearing but not funded, the funds may be moved by simply writing this office a letter signed by you. If, however, the city wishes to create new projects, council action will be necessary. To avoid the monies being transferred into the planning area contingency account, please forward to this office either a letter or council resolution by May 18, 1984, at the latest. Sincerely, Mark J . Elmber Senior Planne HENNEPIN COUNTY an equal opportunity employer pla nning - area one citizen advisory committee 2353 government -center, minneapolis,mn 55487 April 30, 1984 Mr. Robert Sundland, Mayor City of St. Anthony 3301 Silver Lake Road N.E. St. Anthony, MN 55418 Dear Mayor Sundland: As specified in the -Urban Hennepin County •Community Development -Block Grant Program "Citizen Participation Plan," the Planning Area One Citizen Advisory Committee is to comment on the proposed activities of cities in Planning Area One. The Commit- tee has reviewed the proposals with regard to their conformance with- Federal statutes and regulations and the Urban Hennepin County Statement of Objectives, all of which must be substantially complied with to ensure funding of the program. With respect to the St. Anthony proposal for the use of $34,819 in Year X Community Development monies, the Committee approves the following projects: Public Service/Senior Citizens Program ($5,219) Elderly Rental Housing Project Assistance ($24,600) The Committee feels that the proposed Stinson Boulevard sidewalk would be more appropriately located on the other side of Stinson Boulevard where less driveways cut into the sidewalk. Further, the Committee feels it appropriate to assess the commercial property owners for the sidewalk cost to free up CDBG monies for other city needs. The Committee requests allocation to other eligible projects. In the absence of such action, the Committee requests that Hennepin County, prior to submission of the Year X Program to HUD, allocate the $5,000 to the Planning Area One Contingency account. The Committee is concerned with the funding of ongoing Public Services which could - -tend to build expectations of future funding-and could lead to fi nanc_i al dependence of certain organizations upon CDBG and/or City monies. Sinc ely,,,.�/� . Gary Prazak, Vice Chair - PACAC-One ml9 cc: Dave Childs, City- of St: Anthony Mark Elmberg, Urban. ,Hennepin County RESOLUTION NO. • RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR X URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL. WHEREAS, the City of has executed a Joint Cooperation Agreement with Hennepin County establishing participation in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the proposed use of Community Development Block Grant funds by the City has been developed consistent with the Urban Hennepin County Statement of Objectives and the Housing and Community Development Act of 1974, as amended; and WHEREAS, the proposed use of Community Development Block Grant funds was developed in cooperation with local citizens and the appropriate. Urban Hennepin County Planning Area Citizen Advisory Committee; BE IT RESOLVED, that City Council of the City of approves the following proposed program for use o Year X Urban Hennepin County Community Development Block Grant funds by the City and authorizes submittal of the proposal to Hennepin County for consideration for inclusion in the Year X Urban Hennepin County Commu- nity Development Block Grant Statement of Objectives and Projected Use of Funds. (List of proposed activities and budgets) ATTEST: Mayor (Seal ) . DATE: April 24, 1984 TO: Participating Urban Hennepin County Communities HENNEPIN FROM: Hennepin County Office of Planning and Development SUBJECT: YEAR X URBAN HENNEPIN COUNTY PROGRAM APPROVAL AND. SUBMITTAL To assist participant communities in their final step of the Year X CDBG program development process the accompanying draft resolution, for approval of the proposed Year X program and authorizing its submission to Hennepin County for inclusion in the Urban Hennepin County Year X CDBG program, is provided. It is required that each participating community enact either the accompanying or a similar resolution by May 18, 1984 to ensure the incorporation of its Year X CDBG program in the Urban Hennepin County Program. Should you have any questions, please address them to your program representative. mlg. CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION • ------------------------------------------------------------------------ Date Submitted Type of Action Requested Agenda Item Number x Resolution - New Business May . 18 , 1984 Ordinance Date Action Requested Formal Action/Motion Title Other May 22, 1984 Non-Profit for doPPle radar ------------------------------------------------------------------------ TO: Mayor and Councilmen FROM: David Childs, City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: The National Weather Service is attempting to raise funds for a new doppler radar. They have several willing corporate donors who need to donate to a non-profit corporation to sleet deductability regulations. They have requested that the City lend its tax exempt status and act as a channel for the funds. Bill Soth is working out the final details but finds no problems with the City entering • into such an agreement. FISCAL IMPACT: ALTERNATIVES : Approve or deny RECOMMENDATION : That the Mayor -and City Manager be authorized to enter into an agreement with the National Weather Service to act as anon profit sponsor. CITY -.MANAGER'S REVIEW:• COMMENTS C I T Y O F S T A N T H C N Y L I C U C R P/ E 5/15/84 A C C O U N T S P A Y A B L E PAGE 1 • VENDOR NAME CHECK CHECK CHECK NO . TYPE DATE NO. AMCUNT 04009 AETNA LIFE 6 CASUALTY R 5/ 15/84 03477 288.00 04015 AMERICAN LINEN SUPPLY CC R 5/15/84 03478 184.87 04025 APACHE. PLAZA R 5/ 15/84 03479 39704.78 C4033 AUGI.ES INC R 5/ 15/84 03480 198.60 04055 CAPITOL CITYZ45TRIBVTING R 5/15/84 03481 186.60 04064 CASSICY PRODUCTS R 5115/84 03482 60.50 04080 CITY LDUNTY CREDIT UNION _ R 5/35/84 03483 65.00 04100 CO MM I SSIZNER OF REVENUE R 5/15/84 03484 13.41 04104 CGMSERV CORP R 5/15/86 03485 92.40 0i117 DOUBLE ZCHA- R • 5/13/84 03486 118.50 04125 EAST SIDE BEVERAGE LO R 5115186 03487 14,]03.08 04135 ELECTRC UAT_CHMAN INC R 5/15/64 03488 189.00 04144 FRITO-LAY INC R 5/15/84 03489 150 .30 04145 GANZER DISTRIBLTTORS INC R 5/ 15/84 03490 109411.72 04174 GRIGGS BEER DISTRIBUTORS R 5/35./84 03491 29-939.27 04195 HAPPYS POTATO .CHIP CO R 5/15/-84 03492 46.00 04205 HCME JUICE CO R 5/ 15/84 03493 76.44 ` 0421E JOHNSON PAPER 6. SUPPLY CO R 5/15/84 03494 976.13 04230 KUETHER D`IS7TR?8UTING CO R 5/15/84 03495 199078.41 04246 LOCAL SHCPPUNG R 5/ 15/84 03496 176.00 04250 LYSTADS R 5/15/84 03497 101 .35 i 04265' MARK VII SALES IMC R 5/ 15/84 03498 22s2CO.47 0427C , ME-LS VAN-C-LITE R 5/15/84 03499 58.30 04293 MI-NN BAR SUPPLY R 5/15184 03500 1-v405.37 04345 CLI) DUTCH. 'FCGDS INC R 5/ 15/84 03501 188.88 04355 PEPSI COLA/7-.UP BOTTLING R 5/15/84 03502 . 19828.02 IC43 74 POPCORN UNLIMITED R 5/15/84 03503 114.00 C439C REX DISTRIBUTING CC R 5/15/84 03504 161649.93 04395 ROYAL BEVERAGE DIST CO R 5/15/84 03505 240 .05 G4396 RCY AL CRCWN BEV R 5/ 15/84 03506 512.35 044CC ST ANTHCNY LIGUCR #1 R 5/ 15/84 03507 115.00 04430 SILENT KNIGHT R 5/15/84 03508 39.00 04434 SOUTHS IOE DISTRIBUTING CO R 5/ 15/84 03509 420.85 04443 STANS DOOR SERVICES INC R 5/15/84 03510 91 .60 f 04450 STUART DISTRIBUTING CO R 5/15/84 03511 666.30 y 04453 SUBURBAN PAPER 6 PKG CO R 5/15/84 03512 50.95 04460 SUNDERLAND INC R 5/15/84 03513 256.50 04470 TOMBST CNE PIZZA R 5/ 15/84 03514 66.80 04473 TRACY PRINTING R 5/ 15/84 03515 40.00 04475 TWIN CITY FEDERAL R 5/15/84 03516 20.00 C448C ThIN CITY FILTER SERVICE R 5/ 15/84 03517 35.00 04481 THIN CITY JANITGR SUPPLY R 5/15/84 03518 194.95 04491 UNITED WAY R 5/15/84 03519 18.00 04492 HASTE MANAGEMENT R 5/15/84 03520 289.20 04493 MGR MARKETING R 5/15/84 03521 43.80 04494 WARNER HARCWARE R 5/ 15/84 03522 107.63 04496 WENDELLS R 5/15/84 03523 22.09 • 06173 BLAINE POWER TOOL R 5/15/84 03524 16.20 06174 HOUSE OF WINDSOR R 5/ 15/84 03525 68.76 06175 HONDURAN CIGAR IMPORTS R 5/15/84 03526 73.98 C I T Y O F S T A N T H C N Y L I Q U O R P/E 5/15/84 A C C O U N T S P A Y A B L E PAGE 2 • VENDOR NAME CHECK CHECK CHECK NO. TY PE CAT E NO. AMOUNT 06176 HOOV—AIRE SERVICE R 5/15/84 03527 -43.00 06177 STANDARD -REGISTER CO R 5/ 15/84 03528 - 401.41 06178 UNIVERSAL SATELLITE SYST R 5/15184 03529 473.83 -TYPE TOTAL 1009572.58 I I TOTAL 100 0 5 72.58 - I I I i I I `i s k f 0 E �f i t a A N 1 H U N Y L I Q U C R P/E 4/3C/84 A C C O U N T S P A Y A B L E PAGE 1 VENDOR NAME CHECK CHECK CHECK NC. TYPE DATE NO. AMOUNT • 044CC 57 ANTHONY LIQUOR #1 M 4/04/84 06233 175 .00 ^441f` ST ANTHONY NATL BANK M 4/C4/84 06234 150000.00 0441C ST ANTHCNY NATL BANK M 4/ 04/84 06235 100000.00 040C9 AETNA LIFE E CASUALTY M 4/C6/84 06236 288 .00 04014 AMERICAN BANKERS INS M 4/C6/84 06237 26.40 04025 APACHE PLAZA M 4/06/84 06238 10577.23 06164 BR IN Ned GLASS CO M 4/06/84 06239 644.20 04080 CITY COUNTY CREDIT UNION M 4/06/84 06240 65.00 ('41CO CCPa.MI SSI CNER OF REVENUE M 4/06/84 06241 867.42 04245 LOCAL #17 M 4/06/84 06242 14 .50 00001 VOID M 4/06/84 C6243 .00 014255 MINN BENEFIT ASSN P"_ 4/06/84 06244 5 .00 04365 PHYSICIANS HEALTH PLAN M 4/06/84 06245 10342.36 C4380 PUBLIC EMPLGYEE RETIREMNT M 4/06/84 06246 105E6.30 044101 ST ANTHONY NATL BANK M 4/06/84 06247 10502 .51 04411 SALITERMAN REALTY CO M 4/06/84 06248 10666.67 0_4445 ST TREAS SCC SEC CCNTR FD M 4/06/84 06249 10315.93 04475 TWIN CITY FEDERAL m 4/C6/84 06250 20.00 C4491 UNITED WAY M 4/06/84 06251 18.00 ^4495 WE STERN LIFE INS CC M 4/06/84 06252 26.40 0440.0 ST ANTHONY LIQUOR #1 M 4/ 12/84 06253 175.00 04410 ST ANTHONY NATL BANK M 4/ 12/84 06254 159000.00 04410 ST ANTHONY NATL BANK M 4/12/84 06255 109000.00 • 04100 CCNMISSICNER OF REVENUE M 4/ 13/84 06256 54.58 C412C EAGLE WINE CO M 4/ 13/84 06257 1, 201.19. 0.4175 GR IGGS COOPER & CO INC M 4/ 13/84 06258 31 0113 .93 C421C INTERCONTINENTAL PKG CO M 4/ 13/84 06259 50549.38 C422C JOHNSON 6AI NE CO M 4/13/84 06260 30677 .34 06169 LILA JOHNSON M 4/ 13/84 06261 19.99 C425C MI NNEGASC M 4/ 13/84 06262 20GC6.40 !)4311 MINTER-WEI SMAN M 4/13/84 06263 10759 .90 04360 EPSCO M 4/ 13/84 06264 80896.48 0437E PRIOR 1%11\E CO N 4/13/84 06265 728.42 04385 QUALITY (NINE CO M 4/ 13/84 06266 30776.98 0443C SILENT KNIGHT M 4/ 13/84 06267 39.00 04443 STANS DOOR SERVICES INC M 4/13/84 06268, 91 .60 04490 TWIN CITY WINE CO M 4/13/84 06269 29490. 15 04410 ST ANTHCNY NATL BANK M 4/ 18/84 06270 150000.00 0441Cl ST ANTHONY NATL BANK M 4/18/84 06271 100000.00 04120 EAGLE WINE CO M 4/ 18/84 06272 754.43 04175 GRIGGS. 000PER 6 CO INC m 4/18/84 06273 13, 244.38 04210 INTERCONTINENTAL PKG CO M 4/18/84 06274 847.40 C422C JOHNSON WINE CC M 4/ 18/84 06275 107C5.49 04311 MINTER-hEISMAN M 4/18/84 06276 822.41 04360 EPSCO M 4/18/84 06277 10581.42 0437E PRIOR WINE CC M 4/ 18/84 06278 244.58 04385 QUALITY WINE CO M 4/18/84 06279 1,234.10 04404 S/A LIQUOR #2-PETTY CASH, M 4/ 18/84 06280 68.84 • 041 CC CCP►MI SSIGNER OF REVENUE M 4/18/84 06281 833.83 0441C ST ANTHONY NATL BANK M 4/18/84 06282 10425 .99 .y1 L l o v G r J i . A N i ti V i d v L i Q U v is P/E 4/3n/84 A C C O U N T S P A Y A B L E PAGE 2 VENDGR NAME CHECK CHECK CHECK • NO. TY FE CAT E NO. AMOUNT 04380 PUBLIC EMPLOYEE RETIREMNT M 4/23/84 06283 19544.77 04445 ST TREAS SOC SEC CCNTR FD M 4/23/84 06284 19252.75 04100 COMMISSIONER OF REVENUE M 4/24/84 06285 249622 .03 044CC ST ANTHCNY LI6UCR #1 M 4/26/84 06286 175.00 0441C ST ANTHONY NAIL BANK V 4/26/84 06287 15 000.00 04410 ST ANTHONY NATL BANK M 4/26/84 06288 109000.00 C6172 DARLA ABBOTT M 4/30/84 06289 7.89 04120 EAGLE WINE CO M 4/30/84 06290 557.86 04175 CR IGGS CCOPER E CO INC M 4/30/84 06291 149456.46 0421C INTERCCNTINENTAL PKG CO M 4/30/84 06292 481.43 042201 JOHNSON WINE CO M 4/3C/84 06293 459.24 C436C EPSCO M 4/30/84 06294 5, 146.62 04385 QUALITY MINE CC M 4/30/84 06295 19710 .23 04490 TWIN CITY WINE CO M 4/30/84 06296 956.63 TYPE TOTAL 2469895.04 TOTAL 246,895.04 • • - CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES May 8, 1984 The meeting was called to order by Chairman Sundland at 9:41 p.m. - Present for roll call : Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks, and Commissioners Makowske and Ranallo. Also present: David Childs, Executive Director; and Larry Hamer, Public Works Director. Motion by Commissioner Makowske and seconded by Vice Chair Enrooth to approve as submitted the minutes of the H.R.A. meeting held April 24, 1984. Motion carried unanimously. Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to approve payment of $275 to Donald A. Hennessey, CRA, for a review of the Mimosa Restaurant real estate, fixtures and leasehold interest. Motion carried unanimously. The Executive Director indicated Arkell representatives would be present for the next H.R.A. meeting to discuss their concerns about the amendment • to the Redevelopers Contract which they had signed. He also indicated the 202 application had been submitted to H.U.D. Motion by Secretary/Treasurer Marks and seconded by Vice Chair Enrooth to adjourn the meeting at 9:50 p.m. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary S of 8,aint nt on . May 9 , 1984 David Childs Executive Director St. Anthony Housing & Redevelopment Authority 3300 Silver Lake Road St. Anthony MN 55418 Dear Mr. Childs Enclosed is the first billing for the demolition on the Phase I site and a copy of our check in payment. The slab of the old G & G Autobody was temporarily retained to be used as a parking site until actual construction begins when it will be removed under separate billing: Please reimburse Arkell Development in the amount of $4 , 000 (billing of $4 , 140 . 00 less $140 . 00 for rock used in driveway) pursuant to our agreement . Thank you. Verruly 5t 'phen J, X rick Executive President Enclosure S-s - - - 2601 Kenzie Ten-ace o St. Anthony. NIN :55 41,8 o 788-3600 The Arkell Development Cor ration • KENZINGTON OF SAINT ANTHONY NO 5262 • 580 METRO SQUARE SEVENTH&ROBERT STREETS ST.PAUL,MN 65101 FIRST SECURITY STATE BANK of St.Paul,Minnesota 22-63 he 960 PAY �� .DOLLARS DATE NET CHECK TO TH9 ORDER O},( THE ARKELL DEVELOPMENT CORPORATION 11900526211' 1:0960006321: 2601- 3515 ?0' THIRD AMENDMENT OF REDEVELOPMENT CONTRACT THIS THIRD AMENDMENT OF REDEVELOPMENT CONTRACT, Made and entered into this ____ day of ------------ - 1984, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST . ANTHONY , MINNESOTA , a public body corporate and politic ( "the Agency") established pursuant to Minnesota Statutes , Sections 462 . 411-462 . 711 ( " the Act " ) , ARKAND PARTNERSHIP, a general partnership organized and existing under the laws of the State of Minnesota ("the Redeveloper" ) , whose only partners are The Arke11 Development Corporation and Kraus-Anderson , Inc . , each a Minnesota corporation , and WALKER SENIOR HOUSING CORPORATION, a Minnesota non-profit corporation ( "Walker") . WITNESSETH: WHEREAS , the Agency and the Redeveloper entered into that certain Redevelopment Contract dated May 24 , 1983, as amended by a First Amendment dated October 21, 1983 , and a Second Amendment dated November 3 , 1983 , (collectively " the Redevelopment Contract " ) with respect to certain real property ( " the Redevelopment Property." ) located in the City of St . Anthony , Minnesota (a copy of the Redevelopment Contract is attached hereto as Exhibit A. ) ; and • WHEREAS, the Redevelopment Contract provides for the -1- redevelopment of the Redevelopment Property in three separate phases (Phase I , Phase II and Phase III) as set forth in Schedule A-1, attached to the Redevelopment Contract; and WHEREAS , Phase II of the Redevelopment Contract provides for the construction of two buildings (Building B and Building C) ; and WHEREAS, the Redeveloper desires that Walker assume its place and stead with respect to the development of Building B , above referenced; and WHEREAS , Walker desires to assume the place and stead of the Redeveloper with respect to the development of said Building B; and WHEREAS , the Agency is agreeable to Walker developing said Building B; and WHEREAS , the Agency, the Redeveloper and Walker are desirous of setting forth the terms and conditions under which Walker will develop said Building B. NOW , THEREFORE , in consideration of the covenants , representations and agreements herein contained, the Agency, . the Redeveloper and Walker hereby agree as follows: g$U LEL 1 Si�I���l_SQ.x1��413aS Section 1 . 1 . Except as modified by the provisions of this Agreement, all provisions of the Redevelopment Contract shall be fully applicable to Walker as if Walker were the Redeveloper in • the Redevelopment Contract. -2- • Section 1 . 2 . Notwithstanding the foregoing , Walker shall assume the place and stead of the Redeveloper only with respect to the development of Building B , Phase II , pursuant to the Redevelopment Contract. The provisions of the foregoing sentence shall not relieve the Redeveloper of its obligations under the Redevelopment Contract not expressly assumed by Walker. Upon the sale of the Bonds referred to in the Redevelopment Contract to finance the costs of the Agency associated with the Subject Premises , the Agency shall deliver to the Redeveloper a statement listing the costs of the Agency with respect to the Subject Premises ( including administrative costs) together with the annual principal and interest requirements on the portion of • such Bonds issued to finance such costs. If in any year there is a tax increment shortfall , the obligation of the Redeveloper , pursuant to Section 6 . 1 of the Redevelopment Contract, shall be reduced by the amount , if any, by which the tax increment derived from the Subject Premises is less than the annual principal and interest requirements on the Bonds as set forth above for such year . Section 1 . 3 . The description of Building B (which is set forth in Schedule B - Minimum Improvements - to the Redevelopment Contract) shall be amended for the purposes of this Agreement. Said amended description is set forth in Exhibit B, attached hereto. -3- =ditions Precedent Section 2 . 1 . Walker ' s obligations hereunder shall be contingent upon Walker being successful in its submission of its United States Department of Housing and Urban Development ("HUD") 202/Section 8 Application for Fund Reservation. Section 2 .2. Walker 's obligations hereunder shall be further contingent upon Walker receiving HUD' s firm commitment to fully fund Walker ' s construction of Building B upon terms and conditions acceptable to Walker. Section 2 .3. Walker 's obligations hereunder shall be finally • contingent upon Walker obtaining site control of that portion of the Redevelopment Property ( "the Subject Premises") upon which Building B is to be constructed. A drawing showing the Subject Premises is attached hereto as Exhibit C . In accord with the foregoing , it is understood that there presently exists a purchase agreement ("the Purchase Agreement") dated December 14 , 1983 , by and between St. Anthony Shopping Center, Inc. , as seller and the Agency , as buyer . The Purchase Agreement covers the Subject Premises and other contiguous land. (A copy of the Purchase Agreement is attached hereto as Exhibit D. ) The Purchase Agreement specifies a closing date ("the Closing Date" ) of November 1 , 1984 . The Agency has the right ' to extend the Closing Date until November 1 , 1985 , ( "the Extended Closing • Date" ) . (A copy of said revised Purchase Agreement is attached -4- • hereto as Exhibit E. ) Anything to the contrary herein or in the Redevelopment Contract contained notwithstanding, no reverter , re-entry, or reconveyance to or by the Agency shall deprive Redeveloper of its right and option to acquire the Subject Premises as part of its Phase II development in a timely and useable fashion. With respect to Walker ' s obtaining site control of the Subject Premises, it is agreed that the following shall occur : a . The Agency hereby assigns all of its right , title and interest in and to the Purchase Agreement to Walker subject to the provisions of this Agreement. • b. In the event that the condition precedent set forth in Section 2 . 1 , above , is not satisfied prior to the Closing Date, Walker shall assign on or before the Closing Date all of its right , title and interest in and to the Purchase Agreement to the Agency whereupon this Agreement shall be null and void. In addition to the foregoing , in the event that the number of residential units approved by HUD for Building B is less than 45 , then this Agreement at the option of any of the parties hereto , shall be null and void. c,. -. In the event that the condition precedent -5- set, forth in Section 2 . 2 . , above , is not satisfied prior to the Extended Closing Date, Walker shall assign on or before the Extended Closing Date all of its right, title and interest in and to the Purchase Agreement to the Agency whereupon this Agreement shall be null and void. d . In the event that the conditions precedent set forth in Sections 2.1 and 2.2 . , above , are satisfied prior to the Extended Closing Date, Walker shall assign all of its right , title and interest in and to the • Purchase Agreement to the Agency whereupon the following shall occur : 1 . On or before November 1 , 1985, the Agency shall acquire the Subject Premises pursuant to the terms and conditions of the Purchase Agreement , as extended. 2 . On November 1 , 1985 , the Agency shall convey all of its right , title and interest in and to the Subject Premises to Walker at a price equal to Two Thousand Eight Hundred and no/100 Dollars ( $2 , 800 . 00) per residential unit to be constructed as a part of Building B. Said conveyance shall be together with a n_o-n-e x c 1=us v e-e a-s e m e n-t-o ve-r-a-t-r ac t-of 1a nd -- -- contiguous to the Subject Premises for the purpose -of ingress to and egress from the Subject Premises . At the time of such conveyance , the Redevelopment Contract , as modified by the provisions of this Agreement , shall be fully applicable to Walker. 3. On or before November 1 , 1985 , the Agency shall conv-ey to the -Redeveloper without -6- • additional consideration the balance of the real property covered by the Purchase Agreement which is not a part of the Subject Premises. 4 . Walker and the Redeveloper shall take immediate steps to negotiate, draft and enter into a supplemental agreement ( " the Supplemental Agreement " ) wherein the Redeveloper and Walker will agree to the scope , use , location and costs and to pay certain costs associated with the development of the property conveyed to the Redeveloper pursuant to subparagraph 3 . , above. Walker and the Redeveloper , upon the execution of this Agreement , shall undertake to draft the Supplemental Agreement upon terms and conditions mutually agreeable to Walker and the Redeveloper and complete the same on or before June 1 , 1984 . The Supplemental Agreement shall provide for the following: ( a ) Walker and the Redeveloper shall pay, on a pro-rata basis, the • costs of road construction , maintenance and landscaping of that tract of land to be conveyed pursuant to subparagraph d . 3 . of t h i s S e c t i o n 2 . 3 . , b u t Redeveloper ' s share thereof shall not be due and payable until the balance of Phase II is conveyed in fee simple to the Redeveloper and Walker 's share thereof shall not be due and payable until the Subject Premises are conveyed in fee simple to Walker . ( b ) In determining the pro-rata share to be borne by Walker and the Redeveloper , all costs of road c o n-s-t-r-u-c-t-i-o-n-, m a-i-n-t-e-n.a-n-c-e—a n-d--- -- — landscaping of the above tract of land shall be determined and said sum shall be divided by the total number of units to be developed in Phases II and III of the Redevelopment Property. The result of this division will be a per unit share of such costs. Walker shall • be responsible for such per unit -7- • share multiplied by the number of units to be constructed by Walker on the Subject Premises . The Redeveloper shall be responsible for such per unit share multiplied by the number of units to be constructed by the Redeveloper on the balance of Phase II and on Phase III. (c) Walker , at the time of .initial endorsement by HUD of the development of Building B , agrees to provide its pro-rata share of any cash escrows required by HUD to assure the completion of the road construction , maintenance and landscaping as aforesaid , but Redeveloper shall not be required to do, so unless and until the balance of Phase II is conveyed in fee simple to the Redeveloper . If initial endorsement by HUD occurs prior to the conveyance of the • balance for Phase II to the Redeveloper , the Agency shall provide the cash escrow required by HUD which exceeds Walker 's share . At the time the balance of Phase II is conveyed to the Redeveloper , the Redeveloper shall reimburse the Agency for the cash escrow so provided.. 5 . In the event that the Redeveloper does not perform under the terms of the Redevelopment Contract with respect to Phases II and III , the Agency agrees to pay for that share of road construction , maintenance and landscaping costs that the Redeveloper would _ have been obligated to pay pursuant to the above provisions in order to assure HUD that such work will be undertaken during the life of the financing provided by HUD to the Subject Premises. � M9Sllf lEs1t�4TL��h�8ES1�Y£�4.gJIlQIL��o nt r ac t -8- • Section 3 . 1 . Sections 3 . 5 . ( b ) and 4 . 3 ( a ) of the Redevelopment Contract shall be amended with respect to Walker as follows : The Agency shall reimburse Walker for all costs associated with clearing the Subject Premises from all existing improvements thereon such that Walker is able to receive the Subject Premises in a buildable condition, cleared to grade. The Agency ' s obligations hereunder shall not be in excess of Nine Thousand and no/100 Dollars ($9,000. 00) . In the event that the costs associated with the clearing of the Subject Premises exceed Nine Thousand and no/100 Dollars ($9 ,000 . 00) , the Redeveloper shall be solely responsible for such excess costs, provided that the Redeveloper shall designate the site preparation contractor . The total obligation of the Agency under Section 4.3 (a) of the Redevelopment Contract shall remain unchanged , but the amount paid by the Agency under this Section 3 . 1 shall apply to the total obligation for Phases II and III. Section 3 . 2 . In the event that the Subject Premises become exempt from real estate taxes , the provisions of Sections 3 . 6 , 6 . 1 , 6 . 2 , and 9 . 3 (c ) of the Redevelopment Contract with respect to the payment of real estate taxes shall be inapplicable to Walker . In the event that the Subject Premises become exempt from real estate taxes , the parties hereto shall enter into a mutually agreeable arrangement for the payment of fees in lieu of real estate taxes provided that such arrangement is acceptable to and approved by HUD. In the event that upon conveyance by the Agency of the Subject Premises to Walker , 'the Subject Premises -9- • will become exempt from real estate taxes , the Agency or the Redeveloper , at the option of either , may elect to void the provisions of this Agreement if such a mutually agreeable arrangement for the payment of fees in lieu of real estate taxes is not obtained. Section 3 .3 . Walker shall not be obligated to provide a Letter of Credit to the Agency as called for in Section 4.5 (b) of the Redevelopment Contract , it being understood that the Redeveloper shall be solely responsible for the letters of credit called for in Section 4 . 5 (b) of the Redevelopment Contract, but the date of Certificates of Completion for Phases I and II , pursuant to Section 4 .5 (d) (iii) thereof shall be the date of such • completion exclusive of Walker ' s development of the Subject Premises. Section 3 . 4 . The insurance provisions as contained in Section 5.2. of the Redevelopment Contract shall be augmented by or amended as to the Subject Premises only to conform with HUD' s insurance requirements as set forth in Exhibit F , attached hereto, and the costs thereof shall accrue solely to Walker. Section '3 . 5. Walker shall not be obligated for a "Tax Increment Shortfall " , if any, pursuant to the provisions of Section 6 .1 of the Redevelopment Contract with respect to the Redevelopment Property or the Subject Premises , it being understood that Walker ' s sole obligation with respect to the payment of real estate taxes and special assessments is set forth in Section 3.2. , above. -10- • Section 3 .6 . This Third Amendment to Redevelopment Contract and the acquisition of the Subject Premises shall not be deemed authorization to the Agency- to proceed with the balance of Phase II and Phase III property as set forth in 4 . 5 (c) , 4 . 5 (d) or Schedule D, Time Table , of the Redevelopment Contract. Section 3.7. Upon substantial completion of the construction of Building B, the assessed values of the Minimum Improvements for Building B shall be Two Hundred Ninety One Thousand Three Hundred Dollars ($291 ,300 . 00) , and Walker agrees to execute an Assessment Agreement with terms acceptable to Walker , setting forth a market value resulting in the above assessed value . Schedule B-1 (Assessed Values of Minimum Improvements) to the Redevelopment Contract as pertains to Phase II only is hereby amended to reflect only as total assessed value for Phase II, the amount of One Million Six Hundred Fifty Five Thousand Two Hundred Dollars ($1,655,200. 00) . Section 3 . 8. The provisions of Sections 7.1 and 10.8 (b.) of the Redevelopment Contract shall be modified so as to extend the time period required for a mortgage commitment for Building B (to a date not later than November 1 , 1985 , ) in order to be in compliance with the procedures of HUD under 202 financing to issue an appropriate mortgage commitment. Section 3 . 9 . Nothing in Section 8 . 2 of the Redevelopment Contract shall be deemed to prevent Walker from transferring its interest in the Subject Premises to a corporation controlling, controlled by or under common control with Walker. -11- Section 3 . 10 . Walker is the non-profit corporation referred to in Section 10.10 of the Redevelopment Contract with respect to Phase II. Section 3 . 11 . Except as set forth in Section 3 . 12 below affecting the Subject Premises , the Agency and the Redeveloper may, as necessary, make further amendments) to the Redevelopment Contract without requiring approval by Walker . Section 3 . 12 . Notwithstanding the foregoing , no further revisions may be made to this Third Amendment to Redevelopment Contract nor may any amendments be made to the Redevelopment Contract affecting the Subject Premises unless such revisions are first approved, in writing, by HUD and Walker. IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year first above written. . HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By------------------------------- Its---------------------------- And------------------------------ Its---------------------------- ARKAND PARTNERSHIP By THE ARKELL DEVELOPMENT CORPORATION, a partner By------------------------------- Its---------------------------- -12- And------------------------------ Its---------------------------- And KRAUS-ANDERSON, INC. , a partner By------------------------------- Its---------------------------- And------------------------------ Its---------------------------- WALKER SENIOR HOUSING CORPORATION By------------------------------- Its---------------------------- • And------------------------------ Its---------------------------- -13- e a • STATE OF MINNESOTA) ss. COUNTY OF On this day of 1984 , before me , a Notary Public within and for said County, personally appeared --------- - - - --____-- and --------------------- . to me personally known, who, tieing each by me duly sworn did say that they are respectively the ___________________ and the _______________ of Sousing and Redevelopment Authority of St. Anthony, Minnesota , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation , and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and - said ------- - ---------- --- and --------- acknowledged said instrument to be the free act and deed of said corporation. Notary Public _ County, Minnesota My Commission Expires : STATE OF MINNESOTA) ) ss COUNTY OF ____-__) On this ____ day of ----------------- - 1984, before me, a Notary Public . within and for said County, personally appeared ----- - -- - - and -- --- - - - - - --- - - --- � to me personally known, who, being each by me duly sworn did say that they are respectively the _ and the ____________________ of The Arkell Development Corporation , the corporation named in the foregoing instrument, and a partner in Arkand Partnership, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said ____ and ______ _ _ acknowledged said instrument to be the free act and deed of said corporation. -------------------------------- • Notary Public - County, Minnesota My Commission Expires: -14- STATE OF MINNESOTA) ss. COUNTY OF On this _ _ day of ....... ......... .. 1984 , before me, a Notary Public within and for said County, personally appeared and ........................ . to me personally known, who, being each by me duly sworn did say that they are respectively the and the __ _ of Kraus-Anderson, Inc. , the corporation named in the foregoing instrument , and a partner in Arkand Partnership, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public--- ----- --------- County, Minnesota My Commission Expires : STATE OF MINNESOTA) ) ss. COUNTY OF ________) On this ___ day of _______ . _____ _ _ _ , 1984, before me , a Notary Public within and for said County, personally appeared --- ------- -- - ----- and ----- ► to me personally known, who, being each by me duly sworn did say that they are respectively the _____ _____ __ ____ and the of Walker Senior Housing Corporation, the corporation named in the foregoing instrument, and that the seal affixed to said i ns t ru me nt _i_s_th e_c_o r-po-r-a-t_e_s e.a.l—o-f -s.a-i-d— - --- corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said ___ _ _ and _ acknowledged said instrument to be the free act and deed of said corporation. Notary Public County, Minnesota My Commission Expires: -15-