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Folder: CC PACKETS 2001-2004
Document: CC PACKET 08122003
CITY OF ST. ANTHONY
Our mission is to be a progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
August 12, 2003
7:00 PM
Council Chambers
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the Following Items:
I. Approval of the August 12, 2003 City Council Meeting Agenda. Action
requested.
II. Proclamations and Recognitions.
III. Community Forum.
Individuals may address the City Council about any item not included on the
regular agenda. Speakers are requested to come to the podium, state their name
and address for the Clerk's record and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this
time, but may typically refer the matter to staff for a future report or direct that the
matter be scheduled on an upcoming agenda.
IV. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will
be no separate discussion of these items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve July 22, 2003 Council meeting minutes. (pp. 1 - 17)
B. Licenses and permits. (p. 18)
C. Claims. (pp. 19 - 22)
D. Ordinance 2003-008, re: CenterPoint Energy Minnegasco Franchise
Renewal Ordinance (3rd reading). (pp. 23 - 25)
E. Ordinance 2003-009, re: Amending ordinance to allow liquor
establishments to remain open until 1:00 am. (2nd reading) (p. 26)
Page 2
V. Public Hearings - None.
VI. Reports From Commissions and Staff.
VII. General Policy Business of the Council.
A. Ehlers & Associates will be present for the following:
1. Resolution 03-064, re: Provides for sale of$630,000 General
Obligation Refunding Improvement Bonds, Series 2003D. Action
requested. (pp. 27 - 29)
2. Resolution 03-065, re: Provides for sale of$1,175,000 Advanced
Refunding Taxable General Obligation Tax Increment Bonds,
Series 2003E. Action requested. (pp. 30-32)
B. Resolution 03-063, re: Call for hearing on TIF plan. Action requested.
(pp. 33 - 35)
C. Resolution 03-062, re: Approve internal loan to fund the redevelopment of
the SAVII Off-sale Liquor Store. Action requested. (pp. 36 - 39)
D. Ordinance 03-011, re: Fire works (1 s' reading). Jerry Gilligan, Dorsey &
Whitney, will be present. Action requested. (pp. 40 - 54)
VIII. Reports From City Manager and Councilmembers. (pp. 55 - 56)
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
®1
City Council Regular Meeting Minutes
July 22, 2003
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL REGULAR MEETING MR UTES
4
5 JULY 22, 2003
6
7 CALL TO ORDER
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust.
_ 15 Absent: Norte.
16 Also Present: City Manager Mike Mornson and City Attorney Jerome Gilligan.
17
18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF JULY 22, 2003, CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Faust to approve the City Council Meeting Agenda of July 22, 2003.
23
24 Motion carried unanimously.
25
26 II. PROCLAMATIONS AND RECOGNITIONS.
27 The St. Anthony City Council proclaimed Tuesday, August 5, 2003, as the"201h Annual National
28 Night Out." Councilmember Faust read the Proclamation.
29
30 Mayor Hodson noted there were indications the National Night Out would be a big evening. He
31 stated he was impressed with last year's turnout.
32
33 Motion by Councilmember Sparks to approve the Proclamation declaring Tuesday, August 5,
34 2003, as the "201h Annual National Night Out.
35
36 Motion carried unanimously.
37
38 III. COMMUNITY FORUM.
39 Mayor Hodson invited residents to come forward at this time and address the Council on items
40 that were not on the regular agenda.
41
42 Rob LeFleur, 3312 Skycroft Drive, came forward and asked when Central Park and Silver Point
43 Park would be completed and ready for use. City Manager Mornson responded that both Central
44 Park and Silver Point Park would be available for skating this winter and the fields would be
45 ready for full use next spring.
46
02
City Council Regular Meeting Minutes
July 22, 2003
Page 2
1 Chris Schober, 2902 Crestview Drive, came forward to address Council as a representative of the
2 St. Anthony Huskies Dugout Club. Ms. Schober provided handouts to Council detailing the
3 discussions regarding the design and placement of two dugouts and a concession stand and stated
4 she had come before the Council to indicate a community need for action regarding this issue.
5 She discussed the activities of the coach, Park Commission, School Board and URS as they
6 related to the project. She noted there had been no mention that a different process should be
7 followed; therefore, a permit had been requested. Ms. Schober stated she felt the internal
8 struggle taking place among the park, City and School Board erupted when the permit was
9 requested. She noted the reason given for stopping the project was warranty issues; however,
10 warranty problems had not been previously mentioned. Ms. Schober said funds had been
11 donated for a worthwhile project and she wanted help to reach a resolution. She indicated a
12 letter from School District 282 approving the concession stand and the dugout design with some
13 noted changes. She also referred to the Dugout Club's rebuttal letter responding to the URS
14 memo regarding proposed press box and dugouts. Ms. Schober added the dugouts were to
15 protect the players, and the Dugout Club wanted the dugouts and concession stand completed as
16 soon as possible. She noted this project was volunteer based and supported by the community.
17
18 Mayor Hodson noted this had been a topic of discussion the last eight to nine months. He asked
19 Mr. Morrison if there was a way this could be handled efficiently. Mr. Morrison suggested the
20 issue be deferred until the following Tuesday, after it had been discussed with the School Board.
21 He added a decision should be made after that meeting. Mr. Mornson noted the superintendent
22 and school-board chair had indicated they did approve the dugouts; however, URS and the Park
23 Commission had some concerns. He added the Park Commission did not seem to be in total
24 agreement.
25
26 Mayor Hodson responded there probably never would be total agreement and he wanted to
27 indicate action would be taken. Mr. Morrison suggested staff be given direction after Tuesday's
28 meeting. Mayor Hodson stated he would follow up with Ms. Schober the following Wednesday
29 or Thursday.
30
31 Rod Bloom, 3506 Skycroft Drive, stated the warranty issue, as it related to the park grass, was
32 humorous because of the current condition of the grass. Mr. Mornson responded the warranty
33 was a one-year warranty that was required on projects, and the warranty had not started. He
34 noted the project would be closed, there would be a one-year wait, a punch list would be
35 completed and, in the meantime, a bond would be held against the company.
36
37 Mayor Hodson noted it was a topic the Council needed to address. He added the City needed to
38 have each"i" dotted and"t"crossed on the punch list. He stated the City needed to confirm the
39 area was adequately seeded and weeds were controlled. Mr. Morrison responded that mowing,
40 seeding, fertilizing, etc., was part of the contract and, as soon as the City took over those tasks,
41 the argument could be made it was the City's project and the warranty was ended.
42
43 Ms. Schober stated she had talked with Jay Hartman regarding an exception to the warranty so
44 the projects could be completed by the next baseball season.
45
46 Councilmember Faust stated all parties were trying to do what was right for the entire
47 community. He asked Mr. Mornson if he had the time needed to sort through the issue by next
®3
City Council Regular Meeting Minutes
July 22, 2003
Page 3
1 Tuesday's meeting. Mr. Mornson responded he did have time. He added the issue was the
2 concession stand and dugouts were wanted immediately instead of waiting for a year.
3
4 Councilmember Sparks stated another issue was a policy issue regarding how these decisions
5 should be made in the future.
6
7 Councilmember Thuesen stated assurance was needed that the integrity and usage of the park
8 would not be diminished by including the discussed items.
9
10 Mr. Bloom noted the City and school each indicated there was a line in the park between City
11 property and school property. He stated responsibility needed to be taken by all parties for park
. 12 upkeep.
13
14 IV. CONSENT AGENDA.
15
16 A. Approve June 24, 2003, Council meeting minutes.
17 B. Consider licenses and ep rmits.
18 C. Consider payment of claims.
19 D. Consider Ordinance 2003-008, re: CenterPoint Energy Minnegasco Franchise Renewal
20 Ordinance (2"d reading).
21 E. Consider Resolution 03-061. re: Ramsey County SCORE Recycling Agreement.
22
23 Motion by Councilmember Sparks to approve the Consent Agenda items.
24
25 Motion carried unanimously.
26
27 V. PUBLIC HEARINGS.
28 A. Resolution 03-048. re: Vacation of easement on Silver Lake Road relating to
29 redevelopment of the Stonehouse area.
30
31 Mayor Hodson opened the public hearing at 7:24 p.m.
32
33 City Attorney Jerry Gilligan noted and described the two right-of-way easements. He explained
34 that,presently, the curved easement was held by Hennepin County and negotiations were being
35 held to have it assigned to the City. He added vacation of that easement would occur when the
36 City acquired it from the County and the other easement would be effective upon adoption of the
37 resolution.
38
39 Councilmember Sparks asked what had happened to the property owned by Armour. Mr.
40 Gilligan responded Armour still owned it and the issue would be discussed later in the meeting.
41 He added the process of registering the land was being started.
42
43 No one came forward for public comment.
44
45 Mayor Hodson closed the public hearing at 7:26 p.m.
46
®4
City Council Regular Meeting Minutes
July 22, 2003
Page 4
1 Motion by Councilmember Faust to adopt Resolution No. 03-048, vacating right-of-way
2 easements on Silver Lake Road relating to redevelopment of the Stonehouse area.
3
4 Motion carried unanimously.
5
6 VI. REPORTS FROM COMMISSIONS AND STAFF.
7 A. Planning Commission meeting—July 15, 2003.
8 1. Resolution 03-051, re: LaNel's (Autumn Woods II, LLP), request to amend the
9 Planned Unit Development for an additional 38 units of adult rental housing at
10 properties currently addressed as 2534, 2538, 2542, 2546 and 2548 Kenzie
11 Terrace.
12
13 Chris Melsha, a representative from the Planning Commission, came forward to address the
14 Council.
15
16 Mr. Melsha noted President Paul Brewer of LaNel Financial Group, representing Autumn
17 Woods II, LLP, met with Planning Commission members at the December 2002 meeting
18 concerning their preliminary plans for construction of a housing development called Autumn
19 Wood Villas slated for the 2500 block of Kenzie Terrace. He added LaNel Financial returned
20 with final development plans on July 15, 2003, for a public hearing to amend their existing PUD
21 for an additional 38 units of adult rental housing. Mr. Melsha discussed the items amended in
22 the PUD.
23
24 Staff felt the developer had proposed an excellent fit with the adjacent Autumn Woods'
25 development and recommended approval of the PUD amendment subject to the following:
26
27 1. There would be 38 parking stalls, rather than the 35 proposed.
28 2. Review of the plans and cross easements by the City Attorney.
29 3. Completion of the re-plat.
30
31 Mayor Hodson stated he felt this was an excellent project.
32
33 Motion by Councilmember Sparks to adopt Resolution 03-051, relating to a request by Autumn
34 Woods II, LLP, for an amendment to an existing Planned Unit Development (PUD) for an
35 additional 38 units of adult rental housing at properties currently addressed as 2534, 2538, 2542,
36 2546 and 2548 Kenzie Terrace subject to the stated conditions.
37
38 Discussion:
39
40 Councilmember Faust noted this long-range project had been in process since 1996 or 1997. He
41 felt it would bring something nice into the community.
42
43 Councilmember Thuesen felt this result was the fruit of an outstanding project. He noted it had
44 resulted from patience, as the City had slowly purchased property in the area and did not"jump"
45 at the first thing it saw. He added the project would clean up an area that needed renovating.
46
47 " Mayor Hodson noted the completed project would definitely increase the tax base.
05
City Council Regular Meeting Minutes
July 22, 2003
Page 5
1
2 Motion carried unanimously.
3
4 2. Resolution 03-052 and 03-053, re: Amcon Construction's requests for
5 redevelopment of properties currently addressed as 2900 Kenzie Terrace and
6 2700 Hi hwa,8
7 a. Conditional use permit for proposed restaurant;
8 b. Conditional use permit for proposed on-sale liquor store;
9 C. Two front yard setback variances;
10 d. One rear yard setback variance;
11 e. Parking variance; and
12 f. Administrative subdivision request.
13
14 It was noted the City had entered into a predevelopment agreement with Amcon Construction to
15 redevelop the comer of Kenzie Terrace and Highway 88, also known as the Stonehouse and/or
16 Fire Station sites. Amcon had submitted the formal applications for public hearings associated
17 with their final plans. July 15, 2003, was the public hearing for the issues listed in a—f above.
18
19 Staff recommended approval of the above requests, keeping in mind the impact on the
20 adjacent/nearby residential neighborhoods and commercial property.
21
22 Regarding Resolution 03-052, Planning Commissioner Melsha noted the restaurant location was
23 a permitted conditional use for a commercial district. He added the request was for a location
24 less than 250 feet from a residential district, and the following conditions were recommended by
25 the Planning Commission for Council approval:
26
27 a. Garbage areas must be enclosed with materials that match buildings.
28 b. Lighting must be "down-spill,"with no spillage to residential properties across Kenzie
29 Terrace and conform to adjacent area(St. Anthony Boulevard).
30 C. Hours for outdoor seating shall not exceed 9:00 p.m.
31 d. No music or other artificial noise shall be audible from any residential district.
32 e. City engineers must approve the plan, including a determination that the proposed plan
33 will not have an adverse impact on the current storm water run-off situation.
34 f. The patio will be on the east side of the building.
35 g. Investigate options to break up mass and improve the landscape to the north side of the
36 building.
37 h. The design of the building shall conform to the Savage store.
38 i. Hours of operation shall coincide with liquor service hours.
39
40 Mr. Melsha indicated the on-sale liquor store was a permitted conditional use for a commercial
41 district and no conditions were added for Council approval.
42
43 Councilmember Thuesen asked about the outdoor seating hours for the old Stonehouse. Mayor
44 Hodson responded he did not think there were set hours. Mike Larson, Liquor Operations
45 Manager, noted people usually moved inside when the sun started to set.
46
City Council Regular Meeting Minutes 06
July 22, 2003
Page 6
1 Councilmember Thuesen asked if the Commission or staff had researched similar types of
2 establishments regarding their hours of outdoor seating. Mr. Melsha stated the Commission had
3 not. He noted the proximity to a residential area was a unique situation.
4
5 Councilmember Thuesen asked if closing outdoor seating at 9:00 would restrict the restaurant.
6 Jim Winkels of Amcon came forward and said Spectators Bar and Grille was involved in eight
7 different projects. He noted, in some of their operations,people could be on the patios until
8 closing. He stated Spectators would prefer leaving the patio open until 10:00 p.m.; and, because
9 the patio was on the other side of the building, it should minimize the noise to residential areas.
10 He noted that music was piped out to the patio; however, he had driven by the Savage location
11 and could not hear the music that was being piped to their patio. He added the patio would be a
12 nice draw for beautiful summer nights,
13
14 Councilmember Thuesen asked where the patio would be located. Mr. Winkels responded the
15 patio would be on the Highway 88 side of the building.
16
17 Councilmember Thuesen asked if there were any sound buffers on the north side of the building
18 that would prevent sound going toward the residential areas. Mr. Winkels responded they were
19 aware of the ordinances and he was not conscious of any sound problems.
20
21 Mayor Hodson asked about landscaping. Mr. Winkels noted the landscaping would also help the
22 transmission of noise. He added there would be more noise coming from the road than the patio.
23
24 Councilmember Thuesen stated he would not mind discussing the extension of the patio hours to
25 10:00 p.m., as the summers were short. Mayor Hodson agreed. He added he did not like
26 handcuffing the future business owner with a time schedule that would not fit the operating
27 hours; however,he wanted to be sensitive to the residents in the area. Mayor Hodson stated he
28 would be comfortable with a 10:30 p.m. to 11:00 p.m. timeframe.
29
30 Councilmember Horst stated he could agree to extend the patio hours to 10:00 p.m. He felt
31 anything past 10:00 p.m. would infringe on bedtimes.
32
33 Councilmember Sparks stated she felt 9:00 p.m. made sense. She noted, if seating stopped at
34 9:00 p.m., it would take time to clear people off the patio. Mr. Melsha indicated the Planning
35 Commission had intended people were off the patio by 9:00 p.m., so the noise would stop at that
36 time. He felt a later hour would be reasonable if the east-side location for the patio was
37 acceptable. Mayor Hodson stated he would like to see the last seating at 10:00 p.m.
38 Councilmember Thuesen agreed.
39
40 Councilmember Faust asked about signage. Mr. Melsha responded the proposed signage did not
41 need variances.
42
43 Councilmember Faust noted the ordinance stated everyone within 350 feet must be notified.
44 City Manager Mornson responded they had been notified.
45
46 Councilmember Faust asked if the patio was to be screened or open. Mr. Winkels responded the
47 current plan was for an open-air patio.
City Council Regular Meeting Minutes 07
July 22, 2003
Page 7
1 Councilmember Faust asked, if the patio was located on the east side,where the garbage would
2 be. Mr. Winkels responded the garbage was currently located on the east side by Highway 88.
3 He noted, however, the garbage could be on the west side if the patio was located on the east
4 side. He added the garbage must be located on either the east side or west side because of truck
5 access. He indicated the area around the garbage would be designed of the same material and
6 landscaping would be used to hide the area as much as possible.
7
8 Councilmember Faust asked if Council should give direction regarding which side the garbage
9 should be located. Mr. Winkels noted that on the west side the truck would be in early in the
10 morning and the site would be hidden for the remainder of the day.
11
12 Councilmember Horst asked if the trash located at the far end in the design layout was to be
13 relocated. Mr. Winkels responded it was.
14
15 Councilmember Horst indicated the elevations presented to the Planning Commission looked
16 somewhat different than what had been proposed previously. He felt this was especially true of
17 the rooflines, as he thought they looked flatter. An architect from Amcon came forward and
18 showed an illustration he indicated had been worked on for some time. He noted the flat roof
19 had facades on the front. He added they had several ideas regarding how to soften the whole
20 building. The architect stated they were currently working with Spectators and would get
21 images for the Council to review.
22
23 Councilmember Sparks stated she did not want to see a windowless flat building. The architect
24 responded windows were not the only way to articulate the building, and he showed examples
25 from the Savage building. Mr. Winkels stated Amcon was open to input from Council regarding
26 the north wall. He added the materials and general look would match the rest of the buildings.
27
28 Councilmember Horst agreed he would like to see some softening of the design.
29
30 Councilmember Faust stated he could live with the 10:00 p.m. closing time for the patio if it
31 were located on the east side. He added the issue could be addressed again if necessary.
32
33 Motion by Councilmember Sparks to adopt Resolution 03-052, relating to conditional use permit
34 requests for the proposed redevelopment of the comer of Kenzie Terrace and Highway 88,
35 subject to the conditions recommended by the Planning Commission.
36
37 Discussion:
38
39 Councilmember Faust stated he would like to amend Planning Commission recommendations
40 "a" and"c." He indicated item"a" should read as follows: Garbage areas must be enclosed with
41 materials that match buildings and must be located on the southwest corner. He added item"c"
42 should read as follows: Hours for outdoor seating shall not exceed 10:00 p.m.
43
44 Councilmember Sparks stated she would like to amend Planning Commission recommendation
45 "g" to read as follows: Break up mass and improve the landscape to the north side of the
46 building.
47
08
City Council Regular Meeting Minutes
July 22, 2003
Page 8
1 Councilmember Horst asked Mr. Winkels if they would be able to break up the mass on the
2 north side. Mr. Winkels responded they were planning on breaking up the mass on the north
3 side.
4
5 Motion carried unanimously.
6
7 Planning Commissioner Melsha came forward to discuss Resolution 03-053. He noted this
8 resolution related to variance requests from Amcon Construction for the redevelopment of the
9 corner of Kenzie Terrace and Highway 88 (Stonehouse/Fire Department properties). He stated
10 these requests were presented to the St. Anthony Planning Commission at a public hearing on
11 July 15, 2003.
12
13 1. Two front yard setback variances of 30 feet each for a proposed setback of 5 feet at the
14 building comers. Mr. Melsha noted the benefits of granting this variance were to help
15 maximize parking space and improve the site layout. He indicated the reason for the
16 variance was a result of an oddly shaped parcel that was generally triangular in shape
17 with a rounded side.
18 2. One rear yard setback variance of 10 feet for a proposed setback of 10 feet at the
19 southeast corner property line. Mr. Melsha indicated that circumstances creating the
20 hardship were an irregular parcel with a jog, not the result of the owner/applicant.
21 3. A parking variance of 27 stalls for a proposed 120 parking stalls for a sit-down restaurant
22 and adjacent retail(147 required). Mr. Melsha explained parking was viewed from an
23 aggregate sense. He noted the hardship resulted from the odd shape of the parcel and
24 was not created by the owner/applicant.
25
26 Councilmember Sparks asked who owned the property discussed in item 1. City Attorney
27 Gilligan responded he thought the County owned the property.
28
29 Councilmember Horst asked if there would be grass to the curb.. Councilmember Sparks noted it
30 was currently asphalt. Mr. Winkels indicated Amcon was restricted to making changes on their
31 property, and they could not make changes on the County's property. City Manager Momson
32 stated the City was currently looking for bids for the Kenzie Terrace property. He added they
33 were also working with the County to compliment the changes being made.
34
35 Councilmember Faust asked if internal sidewalks between the restaurant and retail stores had
36 been discussed. The architect from Amcon came forward and stated there would not be an
37 internal path because it would take away from the parking spaces. He noted there were
38 sidewalks in front of the retail area and in front of the restaurant; however, they did not bridge
39 across. Mayor Hodson asked if there was anything in place that would act as a crossing. The
40 architect stated there were islands throughout the middle; however, their preference was to
41 landscape the islands. Councilmember Sparks noted the area was small enough so people would
42 walk directly toward their destination.
43
44 Mr. Melsha noted both the City and Spectators were in agreement with the parking plan(item 3).
45
46 Councilmember Sparks asked about the public testimony regarding this issue. Mr. Melsha stated
47 most of the concern was regarding the noise levels. Generally,people did not think this piece of
09
City Council Regular Meeting Minutes
July 22, 2003
Page 9
1 property should have so much located on it. Some residents felt the building should be smaller
2 because there was not enough room for parking. Mr. Melsha noted there were five residents who
3. expressed concerns.
4
5 Councilmember Horst asked if the City was overly stringent regarding parking. Mr. Melsha
6 responded it was his understanding St. Anthony was more stringent than many other cities.
7 Councilmember Horst felt this needed to be addressed, as the City was giving a large number of
8 variances. He noted the City probably needed to be more realistic. Mayor Hodson agreed.
9
10 Motion by Councilmember Faust to adopt Resolution 03-053, relating to variance requests for
11 the proposed redevelopment of the corner of Kenzie Terrace and Highway 88.
12
13 Discussion:
14
15 Councilmember Faust noted this project was in keeping with the new urbanism. He felt this was
16 a usable commercial district that was easily accessible to pedestrians.
17
18 Motion carried unanimously.
19
20 3. Resolution 03-054 and 03-055, re: Requests for properties currently addressed as
21 3501 and 3505 Silver Lake Road:
22 a. Conditional use permit for a proposed Fire Station, which is located in an
23 R-1 single-family zoning district; and
24 b. One front yard setback variance of 11 feet for a proposed setback of 19
25 feet.
26
27 It was noted, on June 17, 2003, Oertel Architects brought the City's preliminary plans forward to
28 the Planning Commission for a new fire station at 3501/3505 Silver Lake Road. July 15, 2003,
29 was the public hearing for the two requests related to the final plans. Oertel Architects had
30 prepared a project description memorandum referring to the final plans and renderings. An
31 Oertel representative was in attendance at the July 15, 2003, public hearing and the Council
32 meeting to represent the City's final fire station plans.
33
34 Planning Commissioner Melsha noted Resolution 03-054 related to the resolution approving a
35 conditional use permit for the proposed Fire Station. He stated the Planning Commission had
36 reviewed the request and recommended Council approval, subject to the following conditions:
37
38 1. Lighting; spillage would be cut off at the property line and be down lighting; lighting
39 should conform to other lighting in the municipal complex area.
40 2. Informational listing from the Fire Department: naming what the Fire Department would
41 do to minimize noise, etc., to the surrounding residential neighborhood.
42 3. Rework the plan for the following changes: dress up the blank front wall/design and
43 make it more attractive with trees, etc.; further development of the roof forms
44 4. The building with the flat roof lines/design across the whole building was preferred to the
45 arch design that was an alternative. Mr. Melsha felt the flat roof design should be
46 "spruced up"as much as possible.
47
10
City Council Regular Meeting Minutes
July 22, 2003
Page 10
1 Mr. Melsha noted Resolution 03-055 related to approving a setback variance request relating to
2 properties currently addressed as 3501 and 3505 Silver Lake Road. He added the hardship was
3 related to the slope of the property. Mr. Melsha stated, at a public hearing held on July 15, 2003,
4 the Planning Commission reviewed the request and recommended Council approval for the
5 following reasons:
6
7 1. The request is based on the City's interest to preserve trees during construction.
8 2. Recognizing the adjacent existing homes had a variation of 7 feet from the subject
9 properties.
10 3. Approval of the variance would minimize the slope and save on construction costs at the
11 eastern edge of the site.
12 4. Not granting the variance would eliminate the retainage pond for storm water runoff that
13 would benefit the neighborhood.
14 5. The proposed use would not be detrimental to the health, safety and welfare of the
15 adjoining properties or detrimental to property values.
16
17 Councilmember Sparks asked about the trees in front. Mr. Melsha responded those trees were
18 coming down.
19
20 Mr. Melsha stated residents had concerns about the inherent noise that would be caused by a fire
21 station. He noted Fire Chief Hewitt had assured the residents that every effort would be made to
22 minimize the impact of noise on the surrounding homes. He added that, unfortunately, the
23 efforts would be weighed against the need to respond to emergency calls.
24
25 Jeff Oertel, Oertel Architects, came forward and discussed the exterior design plans.
26
27 Councilmember Sparks stated there was some history of big, long facades in the community and
28 she wanted to avoid that. She felt the fagade facing Silver Lake Road was a problem. Mr. Oertel
29 responded, because Silver Lake Road was so heavily used, they felt the most important elevation
30 was the south elevation because it was very visible and very open with a panoramic view. He
31 added the location of the site was at the top of a hill and, when approaching the building from
32 either direction, there was a good view of the south fagade. Mr. Oertel also felt, for safety
33 reasons and accessibility of the site, it was critical to have a flow-through pattern of entering the
34 building on one side and going out on the other side. He strongly felt this arrangement was the
35 safest and most practical. He added work was continuing on the west fagade; however, the plans
36 were not ready to be shown at the current time. He noted glass and stone features were being
37 considered for the west fagade. Mr. Oertel indicated they were trying to save as many trees as
38 possible.
39
40 Mr. Oertel added that the reason behind the fagade decisions was the equipment and technical
41 area was on the west end of the building by design, as they were needed there. Consequently, he
42 felt there was not a lot of opportunity for glass. Mayor Hodson felt the west side needed more
43 consideration. He added Council wanted to see the design before it went to bid.
44
45 Councilmember Sparks stated she was thinking about the residents who had to look at the
46 building; however, she agreed the precautions were needed.
47
City Council Regular Meeting Minutes 7 7
July 22, 2003
Page 11
1 Motion by Councilmember Faust to adopt Resolution 03-054, approving a conditional use permit
2 relating to properties currently addressed as 3501 and 3505 Silver Lake Road.
3
4 Discussion:
5
6 Councilmember Sparks asked to hear from Fire Chief Hewitt regarding noise issues.
7
8 Fire Chief Joel Hewitt came forward and stated they were planning to use discretion when using
9 air horns and sirens. He added they would need to be used when traffic was heavy. He also
10 indicated there would be adequate space in the new building; consequently, the trucks would not
11 have to be parked outside when the space was needed for other things. Fire Chief Hewitt felt the
12 noise level should be a little less.
13
14 Councilmember Thuesen stated,when he had lived in the vicinity of the fire station,noise had
15 not been an issue. He thought the residents would be pleasantly surprised with having the fire
16 station as a neighbor.
17
18 Fire Chief Hewitt noted a neighborhood meeting had been held to address concerns and only two
19 residents had come to address noise issues and the building's design.
20
21 Councilmember Horst felt the fire station was in an appropriate spot and people would find them
22 to be a good neighbor.
23
24 Councilmember Sparks asked Mr. Melsha what the public testimony was. Mr. Melsha
25 responded that none of the new neighbors had attended the meeting.
26
27 Motion carried unanimously.
28
29 Motion by Councilmember Horst to adopt Resolution 03-055, approving a setback variance
30 request relating to properties currently addressed as 3501 and 3505 Silver Lake Road.
31
32 Motion carried unanimously.
33
34 4. Resolution 03-056 re: Requests for property addressed as 3801 Chandler Drive
35 (the existing Public Works building):
36 a. Two front yard setback variances of 28 feet and 21 feet for a proposed setback
37 from the front property line to the northwest comer of the building of 13
38 feet and from the property line to the primary fagade of 18 feet;
39 b. One side yard setback variance of 10 feet for a proposed setback of 5 feet off
40 the property line for the existing Public Works building;
41 c. One rear yard setback variance of 4 feet for a proposed setback of 11 feet to
42 allow the backside of the proposed salt building to align with the rear
43 elevation of the existing Public Works building; and
44 d. One variance to allow for the proposed use of a supported membrane structure
45 for the use of salt storage and loading. Planning Commissioner Melsha
46 noted this item was not a variance in the true sense, as there was nothing
City Council Regular Meeting Minutes 12
July 22, 2003
Page 12
1 to prohibit the structure. He stated it would be a different-looking
2 structure.
3
4 It was noted, on June 17, 2003, Oertel Architects brought the City's preliminary plans forward to
5 the Planning Commission for an updated Public Works facility at its current location of 3801
6 Chandler Drive. July 15, 2003, was the public hearing for the four requests related to the final
7 plans. It was also noted Oertel Architects had prepared a project description memorandum
8 referring to the final plans and renderings. An Oertel representative was in attendance at the July
9 15, 2003,public hearing and the City Council meeting representing the City's final public works
10 plans.
11
12 Mr. Melsha stated the shape of the property was the cause of some hardships, especially in the
13 northwest corner. He added the variance would maximize use of the parcel.
14
15 Motion by Councilmember Thuesen to adopt Resolution 03-056, approving variance requests
16 relating to property addressed as 3801 Chandler Drive.
17
18 Motion carried unanimously.
19
20 5. Resolution 03-057 re: Request from Health Care Plus Inc., for a conditional use
21 permit for an adult day care facility at 2500 Highway 88. #105.
22
23 It was noted Health Care Plus, Inc.,was requesting a conditional use permit for an adult daycare
24 facility at 2500 Highway 88, #105, which was currently zoned commercial. Adult daycare was
25 now a conditional use in the commercial zoning district due to a recent amendment to the City's
26 zoning code. July 15, 2003, was the public hearing for the Health Care Plus, Inc., conditional
27 use permit.
28
29 Staff noted, in the past, issues such as traffic circulation, hours of operation and size of facility
30 had been raised. The Planning Commission had forwarded its recommendation for consideration.
31 at the Council meeting.
32
33 Mr. Melsha stated this resolution was straightforward, as the City did allow for child daycare.
34 He added that adult daycare was heavily regulated, so there was little need for City restrictions.
35
36 Motion by Councilmember Faust to adopt Resolution 03-057, approving a conditional use permit
37 request to allow an adult daycare facility in a commercially zoned district located at 2500
38 Highway 88.
39
40 Motion carried unanimously.
41
42 5. Resolution 03-058, re: Requests from Northgate Condominium for four variances
43 to allow proposed signaE�e at 2500 Hihway 88.
44
45 It was noted Northgate Office Park had submitted both a comprehensive sign plan and sign
46 variance request for their proposed pylon sign. When a comprehensive sign plan is presented,
47 exceptions to the regulations of the sign ordinance may be permitted if the sign plan, as a whole,
13
City Council Regular Meeting Minutes
July 22, 2003
Page 13
1 is in conformity with the intent of the ordinance. The City Manager had rejected the proposed
2 sign plan under the comprehensive sign plan because Northgate's sign plan had deviated too far
3 from the City's sign ordinance. July 15, 2003, was the public hearing for the sign variance
4 requests from Northgate Office Park.
5
6 Staff noted, although the petitioners at Northgate Office Park were in need of a sign,,the City
7 must adhere to its own standards. The proposed sign was too far out of line from the City's sign
8 ordinance. It missed the mark on almost every City Code criterion for a ground sign. A pylon
9 sign is not allowed by the sign ordinance, as it is not acceptable by City standards. City staff
10 recommended denial of the proposed sign application.
11
12 Motion by Councilmember Sparks to adopt Resolution 03-058, to deny a comprehensive sign
13 plan and sign variance requests for 2500 Highway 88.
14
15 Discussion:
16
17 Councilmember Horst stated the shopping center had a pylon sign, and Northgate was asking for
18 the same opportunity. He added that at some point Council would be looking at some kind of
19 sign package for Northgate, as many businesses were in that building. He felt Council and the
20 Planning Commission needed to encourage businesses in the Northgate Office Park to prosper.
21 Councilmember Horst commented Council needed to be as flexible as possible.
22
23 Motion carried unanimously.
24
25 Mayor Hodson thanked Mr. Melsha and the Planning Commission for their diligence.
26
27 Councilmember Thuesen stated, as Council representative to the Planning Commission, he was
28 willing to attend any meeting where he could be helpful.
29
30 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
31 A. Todd Hubmer, WSB and Associates Inc was present for the following items:
32 1. Resolution 03-049 re: Order preparation of feasibility report for the 2004 street
33 and utilityimprovements.
34
35' Mr. Hubmer noted this resolution ordered the preparation of a feasibility report for the 2004
36 street and utility improvements. The proposed streets to be reconstructed were:
37
38 1. Belden Drive, between 32"d Avenue and 33`d Avenue NE
39 2. Hilldale Avenue, between Belden Drive and Silver Lake Road
40 3. 32"d Avenue, between Belden Drive and Silver Lake Road
41 4. Townview Avenue, between Wilson Street and Silver Lake Road
42
43 Mr. Hubmer provided a map showing the proposed streets to be reconstructed in 2004, along
44 with a proposed schedule for consideration. He commented, if anyone had driven down those
45 streets, they would understand why there was need for immediate attention.
46
14
City Council Regular Meeting Minutes
July 22, 2003
Page 14
1 Councilmember Faust asked if Townview and Hilldale would be phased, as it would be hard to
2 park off of Silver Lake Road if they were not phased. Mr. Hubmer responded phasing would be
3 considered; however, technicalities would make some of those decisions.
4
5 Motion by Councilmember Sparks to adopt.Resolution 03-049, ordering preparation of
6 feasibility report for 2004 street and utility improvements.
7
8 Motion carried unanimously.
9
10 1. Resolution 03-050 re: Order distribution of Environmental Assessment
11 Worksheet (EA)D relating to redevelopment of the Northwest Quadrant.
12
13 Mr. Hubmer provided a draft copy of the Environmental Assessment Worksheet (EAW) for the
14 St. Anthony Village Northwest Quadrant Redevelopment for Council's review. He noted the
15 purpose of the EAW was to identify potential environmental impacts associated with the project
16 and to determine whether or not an Environmental Impact Statement was needed. He stated,
17 based on Minnesota Rules 4410.43 00, the EAW for this project was mandatory due to the
18 number of residential units and commercial land uses. He added completion of the EAW
19 process was required prior to the City issuing any approvals for the project.
20
21 Mr. Hubmer explained the EAW was being submitted to the City Council for.authorization for
22 public distribution of the EAW as required by Minnesota Rules 4410. He noted, upon
23 authorization by the City Council, the EAW would be distributed for a 30-day public comment
24 period. He added, at the end of the comment period, responses to comments would be-developed
25 and a recommendation as to the need for an Environmental Impact Statement would be made to
26 the City Council for consideration.
27
28 Motion by Councilmember Sparks to adopt Resolution 03-050, ordering distribution of
29 Environmental Assessment Worksheet(EAW) for the St. Anthony Village Northwest Quadrant
30 Redevelopment.
31
32 Motion carried unanimously.
33
34 Councilmember Thuesen asked Mr. Hubmer if this year's street projects were going well. He
35 commented he had not received any negative comments from residents. City Manager Morrison
36 stated the City had received two compliments and the residents were wondering if the City had
37 changed contractors.
38
39 Mayor Hodson noted this year's project was easier. Mr. Hubmer added the weather had been
40 more cooperative.
41
42 E Jerry Gillman Dorsey and Whitney,was present for the following items:
43 1. Ordinance 2003-009 re: Amend ordinance to allow liquor establishments to
44 remain open until 1:00 a.m.
45
City Council Regular Meeting Minutes
July 22, 2003
Page 15
1 Mr. Gilligan noted present legislation would allow liquor establishments to remain open until
2 2:00 a.m. if Council did nothing. He stated this ordinance moved the closing time back to 1:00
3 a.m.
4
5 Motion by Councilmember Faust to approve First Reading of Ordinance 2003-009 amending
6 Section 1000.10, Subd. 7 hours of sale.
7
8 Discussion:
9
10 Councilmember Thuesen indicated,when the City had a better idea of redevelopment at Apache
11 Plaza with the new addition at the south end, he was definitely open to discussing a closing time
12 of 2:00 a.m. He added Council needed to keep an open mind about the 2:00 a.m. closing time.
13 Councilmember Faust responded the time could always be changed at a later date.
14 Councilmember Thuesen agreed and felt this was the correct move to make at the current time.
15
16 Motion carried unanimously.
17
18 2. Resolution 03-059 re: Registration of Stonehouse property.
19 City Attorney Gilligan noted the Stonehouse parcel had several title defects that could best be
20 cured through the registration process.
21
22 Motion by Councilmember Thuesen to adopt Resolution 03-059 to register land (Stonehouse
23 property).
24
25 Motion carried unanimously.
26
27 3. Resolution 03-060 re: Approve redevelopment aueement with Amcon
28 Construction.
29 Stacie Kvilvang, Ehlers and Associates Inc. came forward to address the Council. She noted, at
30 the May 13, 2003, City Council meeting,the Council approved entering into a Pre-
31 Redevelopment Agreement with Amcon Construction for the redevelopment of the
32 Stonehouse/SAV I and Fire Station site. At their June 24, 2003,meeting, the Council approved
33 proceeding with redevelopment of the Stonehouse property in accordance with redevelopment
34 option#4 in which the City would retain a portion of the land for the City's liquor store and sell
35 the remaining land to Amcon. Amcon would construct a new retail development and the City
36 would utilize the land sale proceeds to offset the cost of purchasing the new liquor store from
37 Amcon.
38
39 Ms. Kvilvang stated the City attorney, Ehlers and Associates and City staff had been working
40 with Amcon to prepare a Purchase and Development Agreement that outlined the business points
41 of the proposed transaction. Ms. Kvilvang reviewed the provisions within the Agreement with
42 Council.
43
44 Motion by Councilmember Faust to adopt Resolution 03-060, approving contract for private
45 redevelopment with Amcon Construction Company LLC and authorizing the execution and
46 recording thereof.
47
City Council Regular Meeting Minutes 16
July 22, 2003
Page 16
1 Motion carried unanimously.
2
3 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
4 Mr. Mornson reported the following items:
5 ■ Confirmation had been received from the Met Council that the City had received a tax
6 base grant for Apache Plaza asbestos removal in the amount of$585,600.
7 ■ September 9, 2003, was the date tentatively scheduled for groundbreaking for the public
8 works building and fire station. Mr. Mornson noted the groundbreaking for the public
9 works building would begin at 5:00 p.m., the groundbreaking for the fire station would
10 begin at 5:30 p.m. and refreshments would follow. -
11 ® Groundbreaking for Stonehouse would possibly take place September 16, 2003, at 11:00
12 a.m. prior to the Chamber meeting. Mr. Mornson added the developer was not certain
13 the pavement could be in according to the present schedule and June 1 was the possible
14 date for the restaurant and off-sale establishment opening. He added the date for closing
15 the off-sale might change from August 30, 2003, to August 24, 2003, to alleviate some of
16 the scheduling issues.
17 ■ Since the audit received in May,policy changes regarding comp time usage had been
18 implemented. Mr. Mornson noted the approximately$100,000 liability had been reduced
19 to $66,000. He added the goal was to reduce the liability to the $30,000 to $40,000
20 range.
21 ■ The Autumn Woods' groundbreaking date had not been established. Mr. Mornson
22 suggested the Autumn Woods' groundbreaking might also take place in September.
23 ■ Joint meeting with School Board was scheduled for Tuesday, June 29, 2003, at 6:30 p.m.
24 at the new Central Park Building.
25
26 Councilmember Horst stated he wanted to "put in a plug" for the golf tournament. Mike Larson,
27 the golf tournament chairperson, came forward. He felt this year's tournament would be more
28 exciting than ever, as Rosedale Dodge had donated leases on a Dodge truck and Hyundai SUV to
29 be given as prizes. He noted the entrance fee for the tournament was $70 and dinner would
30 follow the tournament. He added Village Fest would kick off after the tournament with a parade,
31 which would end at Stonehouse and the shopping center. He stated a band and bonfire would
32 also be activities at the shopping center.
33
34 Councilmember Sparks reported that, at the last Parks Commission meeting, a tour of the park
35 was taken. She stated Maury(?) Anderson, former parks director at New Brighton, was advising
36 the Committee and he was knowledgeable about grass and park redevelopment. She noted Mr.
37 Anderson was quite optimistic the City would receive a good final grass product, despite its
38 current bad appearance. She also noted procedures regarding decision making for the parks were
39 discussed. Councilmember Sparks also reminded listeners that Village Fest was August 2, 2003,
40 at the Salvation Army Camp, and they could always use more volunteers.
41
42 Councilmember Thuesen had no report.
43
44 Councilmember Faust indicated the League of Minnesota Cities had kicked off its policy
45 committee meetings again. He noted he was serving on the Fiscal Futures Policy Committee for
46 the League. Councilmember Faust also noted Congressman Sabo's aide attended the Chamber
47 luncheon on the 15th. He stated she was very interested in the amount the City had received from
17
.City Council Regular Meeting Minutes
July 22, 2003
Page 17
1 the Met Council, because it had involved a recommendation given to the City from another
2 meeting. He felt a good relationship with the federal level would help the City as it moved
3 forward.
4
5 Mayor Hodson indicated he had participated in several meetings since the last Council meeting.
6 He noted a meeting with Mayor Rybak had resulted in offers of assistance from the City of
7 Minneapolis regarding St. Anthony's redevelopment projects. He stated he also had a meeting
8 with the mayor of Burnsville to explore development issues. He indicated both mayors had been
9 amazed by the number of large projects the City of St. Anthony was moving forward. Mayor
10 Hodson also noted Congressman Sabo had agreed to be part of the golf outing and the parade.
11 .
12 Mayor Hodson thanked the Council and.the Planning Commission for the work they had
13 accomplished. He also thanked the staff for their numerous hours of work. He appreciated the
14 enthusiasm to make the City a better, safer and more livable place.
15
16 Mayor Hodson encouraged all residents to sign up with block parties for National Night Out.
17
18 IX. INFORMATION AND ANNOUNCEMENTS.
19 None.
20
21 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
22 None.
23
24 XI. ADJOURNMENT.
25 Motion by Councilmember Faust to adjourn the meeting at 9:25 p.m.
26
27 Motion carried unanimously.
28
29 Respectfully submitted,
30
31
32 Marjorie R. Jenkins
33 Timesaver Off Site Secretarial, Inc.
34
35 Mayor
36 ATTEST:
37 City Clerk
38
18
Saint Anthony Village
DATE: August 12, 2003 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson,License Clerk
ITEM: License and Permits for Approval:
Heating.and Air Conditioning License:
Heating& Cooling Two Inc., Maple Grove,MN
Dependable Indoor Air Quality, Coon Rapids, MN
Alliance Mechanical Services, Inc., Roseville,MN
Apollo Heating& Vent. Corp., Oakdale, MN
Dale's Heating and Air Conditioning, LLC, Pine City, MN
Contractors License:
Cave &Associates, LTD, Roseville, MN
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
08/05/2003 11: Check Register GL540R-VO6.55 PAGE 1
BANK VENDOR CHECK#{ DATE AMOUNT
FIRS BREMER BANK NA
008621 ALLIANCE MECHANICAL 20518 08/05/03 598.00
005201 AMERICAN STORES 20519 08/05/03 14.29
007201 APACHE GROUP 20520 08/05/03 613.87
008511 AT&T WIRELESS 20521 08/05/03 11.25
007386 CASTLE INSPECTION SERVIC 20522 08/05/03 3, 916.33
000610 CATCO CLUTCH & TRANS SVC 20523 08/05/03 17.19
002380 CENTERPOINT ENERGY MINNE 20524 08/05/03 1,025.21
008644 CHAMPPS AMERICANA 20525 08/05/03 95.85
.00001 CHRISTEN/G R 20526 08/05/03 5.93
008950 COMCAST 20527 08/05/03 4.67
004107 COMPTON'S COMMERCIAL CLN 20528 08/05/03 4,015.05
008736 CREATIVE FORMS & CONCEPT 20529 08/05/03 205.70
007382 CROWN FENCE & WIRE COMPA 20530 08/05/03 2,625.85
007178 D-ROCK CENTER & SMALL EN 20531 08/05/03 344.57
000800 DAVIES WATER EQUIP CO. 20532 08/05/03 383.14
008834 DEMSEY'S STUMP SERVICE 20533 08/05/03 100.00
007371 DISCOUNT STEEL, INC. 20534 08/05/03 21.40
008848 DIVERSIFIED CRYOGENICS 20535 08/05/03 43.00
000820 . DORSEY & WHITNEY 20536 08/05/03 3,361.39
00002 DRAIN KING 20537 08/05/03 1,000.00
008921 DYNAMEX 20538 08/05/03 22.00
007394 ESS BROTHERS & SONS INC. 20539 08/05/03 527.18
008153 FILTERFRSH 20540 08/05/03 107.02
000980 FLEXIBLE PIPE TOOL CO 20541 08/05/03 53.25
008647 FRATTALLONE'S HARDWARE 20542 08/05/03 44.76
008238 FULLER/CHRIS 20543 08/05/03 22.18
001030 G & K SERVICES INC 20544 08/05/03 472.97
001145 GLENWOOD INGLEWOOD 20545 08/05/03 104.36
008709 HALL/SUSAN M.H. 20546 08/05/03 29.52
001410 HARMON AUTOGLASS 20547 08/05/03 30.00
001420 HAWKINS WATER TREATMENT 20548 08/05/03 1,251.63
008944 HENN CNTY INFO TECH DEPT 20549 08/05/03 1,082.08
008252 HOME DEPOT-GECF 20550 08/05/03 94.66
001545 HOOVER WHEEL ALIGNMENT 20551 08/05/03 34.95
008658 INSTRUMENTAL RESEARCH, I 20552 08/05/03 679.70
007352 KATH FUEL OIL SERVICE 20553 08/05/03 77.00
008960 LEE'S CLEANERS & LAUNDRY 20554 08/05/03 29.96
002040 LILLIE SUBURBAN NEWSPAPE 20555 08/05/03 116.77
002125 MALENICK/JOHN 20556 08/05/03 34.01
008263 MCLEOD USA, INC. 20557 08/05/03 1,803.37
008455 METRO ATHLETIC SUPPLY, I 20558 08/05/03 37.85
007835 METROCALL 20559 08/05/03 194.75
002240 METROPOLITAN COUNCIL 20560 08/05/03 30,766.67
008269 MINNESOTA SHREDDING LLC 20561 08/05/03 54.95
.00001 MN DEPT LABOR & INDUSTRY 20562 08/05/03 30.00
002395 MTI DISTRIBUTING, INC 20563 08/05/03 65.29
008884 MURLOWSKI PROPERTIES 20564 08/05/03 69.76
008564 NEENAH FOUNDRY COMPANY 20565 08/05/03 1,941.34
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
08/05/2003 11: Check Register GL540R-VO6.55 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
008635 NEWSTRIPE, INC. 20566 08/05/03 127.58
005294 NORSK CONCRETE CONST 20567 08/05/03 4;214.85
00002 NOVACARE CBO 20568 08/05/03 375.00
000045 OFFICE DEPOT 20569 08/05/03 399.27
008527 OLSEN FIRE INSPECTION, I 20570 08/05/03 275.00
008594 PETERBILT NORTH 20571 08/05/03 74.59
008805 PETTY CASH - BREMER BANK 20572 08/05/03 191.03
007057 PRAXAIR 20573 08/05/03 22.14
004492 QWEST 20574 08/05/03 62.05
008082 RED WING SERVICE CO 20575 08/05/03 517.59
003100 ROSEDALE CHEVROLET 20576 08/05/03 57.90
003350 SEH-RCM 20577 08/05/03 1,365.97
008398 SMITH-SHARPE COMPANY 20578 08/05/03 83.87
008913 SPECIAL OPERATIONS TRAIN 20579 08/05/03 400.00
001810 ST. ANTHONY VILLAGE KIWA 20580 08/05/03 25•.00
003490 STREICHER'S 20581 08/05/03 540.81
002630 SUN TURF 20582 08/05/03 197.03
003260 T A SCHIFSKY & SONS 20583 08/05/03 102.24
007337 TIMESAVER OFF SITE SECRE 20584 08/05/03 480.04
003560 TRACY PRINTING 20585 08/05/03 3,290.28
.00003 TWIN CITY HYDRO SEEDING 20586 08/05/03 3,778.76
008859 U.S. BANK 20587 08/05/03 230.00
008270 UNITED STATES POSTAL SER 20588 08/05/03 600.00
008227 VERIZON WIRELESS, BELLEV 20589 08/05/03 484.21
008273 WSB & ASSOCIATES, INC. 20590 08/05/03 49,667.50
BREMER BANK NA 125,743.38 ***
N
0
ACS FINANCIAL SYSTEM - ST. ANTHONY VILLAGE
08/04/2003 08: Check Register GL540R-V06.55 PAGE 1
BANK - VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
008800 BREMER BANK NA 22493 07/31/03 9,190.10
.00001 ST. ANTHONY SPORTS 22494 07/31/03 250.00 -
LIQUOR CHECKING ACCOUNT 9,440.10 ...
a
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
08/06/2003 10: Check Register CL540R-V06.SS PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT -
008897 ACCESS SYSTEMS INC 22248 08/13/03 388.19
008964 ACCLAIM BENEFITS 22249 08/13/03 90.78
008794 ARCTIC GLACIER INC. 22250 08/13/03 1,.936.58
008511 AT&T WIRELESS 22251 08/13/03 98.50
004293 BELLBOY CORP. 22252 08/13/03 1,454.77
004080 CHISAGO LAKES DIST. CO., 22253 08/13/03 1,723.85
004095 COCA COLA BOTTLING 22254 08/13/03 1,541.63
008557 DAILEY DATA & ASSOCIATES 22255 08/13/03 362.54
004120 EAGLE WINE CO 22256 08/13/03 1,529.71
004125 EAST SIDE BEVERAGE CO 22257 08/13/03 46,193.10
001030 G & K SERVICES INC 22258 08/13/03 247.48
004172 GRAPE BEGINNINGS, INC. 22259 08/13/03 67.00
004175 GRIGGS COOPER & CO INC 22260 08/13/03 9,645.57
004207 HOHENSTEIN'S, INC 22261 08/13/03 2,949.85
004220 JOHNSON BROTHERS LIQUOR 22262 08/13/03 12,816.73
004230 KUETHER DISTRIBUTING CO 22263 08/13/03 46,791.65
002040 LILLIE SUBURBAN NEWSPAPE 22264 08/13/03 230.00
004265 MARK VII SALES INC 22265 08/13/03 26,279.62
008263 MCLEOD USA, INC. 22266 08/13/03 494.33 _
005232 MURPHY'S SERVICE CENTER 22267 08/13/03 28.76
008883 NEW FRANCE WINE COMPANY 22268 08/13/03 690.00
. 000045 OFFICE DEPOT 22269 08/13/03 26.58
004354 PAUSTIS & SONS 222.70 08/13/03 1,008.00
004360 PHILLIPS WINE & SPIRITS 22271 08113/03 7,242.17
004361 PINNACLE DIST. 22272 08/13/03 2,231.37
004376 PRIOR WINE CO 22273 08/13/03 3,319.17
008787 PROMOTIONAL PAGES, INC. 22274 08/13/03 350.00
004385 QUALITY WINE CO 22275 08/13/03 8,411.45
.00001 TIERNEY BROTHERS INC 22276 08/13/03 240.00
004480 TWIN CITY FILTER SERVICE 22277 08/13/03 41.11
008270 UNITED STATES POSTAL SER 22278 08/.13/03 100.00
008888 VALPAK OF MINNEAPOLIS-ST 22279 08/13%03 1,625.00
008310 WINE MERCHANTS INC . 22280 08/13/03. 419.76
.00002 WINE SPECTATOR 22281 08/13/03 45.00
LIQUOR CHECKING ACCOUNT 180,620.25 ***
25
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Morrison, City Manager
FROM: Jerome P. Gilligan
DATE: June 18, 2003
RE: CenterPoint Energy Minnegasco Franchise
Renewal Ordinance
CenterPoint Energy Minnegasco has been working throughout the metro area over the
past 12-18 months renewing their franchise agreements with cities. The existing franchise with
St. Anthony will expire in the near future. The attached form of franchise ordinance has been
used in other cities and is derived from a model prepared by the League of Minnesota Cities with
certain modifications. The franchise ordinance gives CenterPoint Energy Minnegasco a
nonexclusive right to use public grounds to distribute gas to customers within the City.
The proposed franchise ordinance differs from the prior franchise since it does not
specify policies and procedures related to the location of facilities in the City's streets and rights-
of-way. Instead the proposed franchise ordinance incorporates the City's Right-of-Way
Management Ordinance (Section 1165 of the City Code), with respect to the location of facilities
in the City's public grounds.
Under the proposed franchise ordinance the City has the right to adopt a franchise fee by
a separate ordinance. The franchise fee must be imposed on a same or greater equivalent amount
on all other energy providers in the City that the City has a right to impose such a fee or tax. The
fee may be calculated on the basis of a-percentage of gross revenues received from customers, a
flat meter based fee or a combination thereof.
The adoption of the franchise ordinance does not impose a franchise fee but gives the
City Council the ability to do so in the future should it wish to do so.
DORSEY & WHITNEY LLP
26
CITY OF ST. ANTHONY
ORDINANCE 2003-009
AN ORDINANCE AMENDING SECTION 1000.10, SUBD 7
HOURS OF SALE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 100.10, Subdivision 7 of the St. Anthony City Code, is amended to read
as follows:
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504, except that:
A. Establishments holding a Wine License or an On-Sale Intoxicating Liquor
License under this Section may not sell liquor or wine between 1:00 A.M. and
8:00 A.M. on the days of Monday through Saturday and after 1:00 A.M. on
Sundays, except as provided by paragraph B.
B. Establishments holding a Wine License under this Section or establishments
holding both an On-Sale Intoxicating Liquor License and a Sunday On-Sale
License under this Section may sell intoxicating liquor or wine in conjunction
with the sale of food between the hours of 10:00 A.M. Sundays and 1:00 A.M. on
Mondays, provided that the licensee is in conformance with the Minnesota Clean
Air Act.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: July 22 _' 2003
Second Reading: August 12, 2003
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
27
Resolution No. 03 - 064
Council Member introduced the following resolution and moved its adoption:
Resolution Providing for the Sale of
$630,000 General Obligation Refunding Improvement Bonds, Series 2003D
A. WHEREAS, the City Council of the City of St. Anthony, Minnesota (the "City"), has heretofore
determined that it is necessary and expedient to issue the City's$630,000 General Obligation Refunding
Improvement Bonds,Series 2003D,to achieve cost savings by refinancing bonds eligible for refunding at
lower interest rates by the issuance of the Series 2003D Bonds in order to provide for the current
refunding of the outstanding portion of the City's$525,000 General Obligation Improvement Bonds of
1994B;$470,000 General Obligation Improvement Bonds of 1993A;and$825,000 General Obligation
Improvement Bonds of 1995 (the"Refunded Bonds").
B. WHEREAS, the City has retained Ehlers&Associates,Inc., in Roseville,Minnesota("Ehlers"),as its
independent financial advisor for the Series 2003D and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as
follows:
1. Authorization:Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the
Series 2003D Bonds.
2. Meeting:Proposal Opening. The City Council shall meet at 7:00 P.M. on September 23,2003, for the
purpose of considering sealed proposals for and awarding the sale of the Series 2003D Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Series 2003D Bonds and to deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
and, after full discussion thereof and upon a vote being taken thereon, the
following Council Members voted in favor thereof:
and the following voted against the same:
Adopted this day of 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
28
CITY OF ST. ANTHONY, MINNESOTA
PRE-SALE REPORT
AUGUST 12, 2003
Proposed Issues:
$630,000 General Obligation Refunding Improvement Bonds, Series 2003D
Purpose: To achieve cost savings by refinancing bonds eligible for refunding at lower interest rates
by the issuance of the Series 2003D Bonds in order to provide for the current refunding of the
outstanding portion of the City's $525,000 General Obligation Improvement Bonds of 1994B;
$470,000 General Obligation Improvement Bonds of 1993A; and $825,000 General Obligation
Improvement Bonds of 1995 (the"Refunded Bonds").
Description: Ehlers&Associates routinely reviews outstanding bond issues to assess potential for
cost savings. This review indicated cost savings could be achieved by refunding the above-named
issues. Ehlers has established criteria that provide guidance regarding the level of savings, which
should be achieved prior to recommending refunding. In addition, State and Federal regulations
provide criteria for refunding of existing debt. This issue meets both criteria.
Term/Call Feature: The Series 2003D Bonds will combine the Refunded Bonds and will retain the
debt repayment period within those original issues. The term of the Series 2003D Bonds will be 7
years and will be callable in February 2008 for bonds maturing in 2009.
Funding Sources: The Series 2003D Bonds will be paid from the same sources as the original debt,
which includes assessments and debt levy. The savings from the refunding will reduce the debt levy
requirements.
Discussion Issues: Bond interest rates have been at near record lows but are rising. A number of
factors, including world events and economic conditions in general, may impact rates prior to the
sale date scheduled for September 9. Ehlers will review market conditions prior to sale and will
advise the City if it appears minimum savings will be achieved. If it appears that the City will
not be in a position to achieve the savings necessary to justify the refunding, Ehlers will
recommend that the sale be delayed or cancelled. Given current interest rates, the Series 2003D
Bonds are projected to achieve a net current value savings of about 5.6%or$50,000 over the life
of the issue. This estimated savings does not reflect the benefit of"pre-paying"bonds with cash
received from advanced payment of assessments.
A revised debt levy reflecting the remaining assessment and the new rates is expected to reflect
reduced impact on taxpayers. The net impact of the reduced interest rate on the new bonds and
prepayment is shown in the table below.
Prepared by Ehlers & Associates, Inc.
29
Year Estimated Savings Average Savin s
2004 72,000 21.31
2005 71,000 21.02
2006 70,000 20.72
2007 69,000 20.43
2008 51,000 1 15.10
2009 1 40,000 1 11.84
Schedule:
Pre-Sale Review: August 12, 2003
Distribute Official Statement: Week of August 25,2003
Bond Sale: September 9, 2003
Estimated Closing Date: October, 2003
Attachments:
Sources and Uses of Funds
Proposed Debt Service Schedule
Bond Buyer Index
Resolution authorizing Ehlers to proceed with bond sale
Ehlers Contacts:
Financial Advisors: Mark Ruff and Jim Prosser
Bond Analysts: Diana Lockard(651) 697-8534
Debbie Holmes (651) 697-8536
Bond Sale Coordinator: Connie Kuck(651) 697-8527
The Official Statement for this financing will be mailed to the Council Members at their home
address for review prior to the sale date.
Prepared by Ehlers &Associates, Inc.
3®
Resolution No. 03 - 066
Council Member introduced the following resolution and moved its adoption:
Resolution Providing for the Sale of
51,175,000 Advanced Refunding Taxable General Obligation
Tax Increment Bonds,Series 2003E
A. WHEREAS, the City Council of the City of St. Anthony, Minnesota (the "City"), has heretofore
determined that it is necessary and expedient to issue the City's $1,175,000 Advanced Refunding
Taxable General Obligation Tax Increment Bonds, Series 2003E Bonds in order to provide
advance refunding of the City's $1,720,000 Taxable Tax Increment Bonds of 1996.
B. WHEREAS, the City has retained Ehlers&Associates,Inc., in Roseville,Minnesota("Ehlers"),as its
independent financial advisor for the Series 2003E and is therefore authorized to solicit proposals in
accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as
follows:
1. Authorization;Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the
Series 2003E Bonds.
2. ]Meeting,Proposal Opening. The City Council shall meet at 7:00 P.M. on September 23,2003, for the
purpose of considering sealed proposals for and awarding the sale of the Series 2003E Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Series 2003E Bonds and to deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
and, after full discussion thereof and upon a vote being taken thereon, the
following Council Members voted in favor thereof:
and the following voted against the same:
Adopted this day of - 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
31
CITY OF ST. ANTHONY, MINNESOTA
PRE-SALE REPORT
AUGUST 12, 2003
Proposed Issues:
$1,175,000 Refunding Taxable General Obligation Tax Increment Bonds Refunding,Series 2003E
Purpose: To achieve cost savings by refinancing bonds eligible for refunding at lower interest rates
by the issuance of the Series 2003E Bonds in order to provide advance refunding of the City's
$1,720,000 Taxable Tax Increment Bonds of 1996.
Description: Ehlers&Associates routinely reviews outstanding bond issues to assess potential for
cost savings. This review indicated cost savings could be achieved by refunding the above-named
issues. Ehlers has established criteria that provide guidance regarding the level of savings, which
should be achieved prior to recommending refunding. In addition, State and Federal regulations
provide criteria for refunding of existing debt. This issue meets both criteria.
Term/Call Feature: The Series 2003E Bonds will retain the debt repayment period of the original
issue and will be callable in February 2011 for bonds maturing in 2012.
Funding Sources: The Series 2003E Bonds will be paid from the same revenue source as the
original issue, tax increment proceeds.
Discussion Issues: Bond interest rates have been at near record lows but are rising. A number of
factors, including world events and economic conditions in general,may impact rates prior to the
sale date scheduled for September 9. Ehlers will review market conditions prior to sale and will
advise the City if it appears minimum savings will be achieved. If it appears that the City will
not be in a position to achieve the savings necessary to justify the refunding, Ehlers will
recommend that the sale be delayed or cancelled.
The 2003E Bonds will be refunding the 1996 Tax Increment Bonds. Because these bonds are
not callable until 2/1/06, the City will continue to pay the debt service on the outstanding bonds
until this call date. The proceeds from this bond sale will be invested in government securities
until the call date. Given current investment rates the City will earn less interest than payable on
the new bonds. This impact or"negative arbitrage"has been calculated into the projected net
savings. These funds, including accrued interest, will be used to pay off the bonds outstanding
on the original issue as of 2/1/06. The City will begin to pay on the new bond issue starting in
8/1/06 (interest) and 2/1/07 (principal). The expected saving will average about$7500 per year
(net present value of$50,000) for a net savings of about 4.7%. Federal regulations limit the
ability of cities to call bonds in advance of call dates. Therefore consideration should be given to
the potential that future interest rates may be lower between now and the 2/1/06 call date.
Prepared by Ehlers &Associates,Inc.
32
Schedule:
Pre-Sale Review: August 12, 2003
Distribute Official Statement: Week of August 25, 2003
Bond Sale: September 9, 2003
Estimated Closing Date: October, 2003
Attachments:
Sources and Uses of Funds
Proposed Debt Service Schedule
Bond Buyer Index
Resolution authorizing Ehlers to proceed with bond sale
Ehlers Contacts:
Financial Advisors: Mark Ruff and Jim Prosser
Bond Analysts: Diana Lockard(651) 697-8534
Debbie Holmes (651) 697-8536
Bond Sale Coordinator: Connie Kuck(651) 697-8527
The Official Statement for this financing will be mailed to the Council Members at their home
address for review prior to the sale date.
Prepared by Ehlers & Associates, Inc.
33
CITY OF ST.ANTHONY
HENNEPIN AND RAMSEY COUNTIES
STATE OF MINNESOTA
RESOLUTION 03-063
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL
ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE
REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 3
AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO. 3-5 AND THE ADOPTION OF A TAX INCREMENT
FINANCING PLAN THEREFOR.
BE IT RESOLVED by the City Council (the "Council") for the City of St. Anthony, Minnesota (the
"City"), as follows:
Section 1. Public Hearing. This Council shall meet on September 23, 2003, at approximately
7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan
for Redevelopment Project Area No. 3 (the "Redevelopment Plan Modification") and the proposed
establishment of Tax Increment Financing District No. 3-5 (a redevelopment district), and the proposed
adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan
Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in
accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799,
inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated
areas within the City; and
Section 2. Notice of Public Hearing, Filing of the Plans. City staff is authorized and directed to
work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate
taxing jurisdictions including Ramsey County and St. Anthony-New Brighton School District No. 282.
The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map
as required by law, to be published at least once in the official newspaper of the City not later than 10,nor
more than 30, days prior to September 23, 2003, and to place a copy of the Plans on file in the City
Clerk's office at City Hall and to make such copy available for inspection by the public.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
34
SCHEDULE OF EVENTS
ST. ANTHONY HOUSING AND REDEVLOPMENT AUTHORITY
AND THE CITY OF ST. ANTHONY
FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT AREA NO.3
AND THE ESTABLISHMENT OF A TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO.3-5
(a redevelopment district)
Draft As of August 5, 2003
April 8, 2003 HRA requests that the City Council call for a public hearing on May 27, 2003.
April 11, 2003 Project information,property identification numbers, and maps sent to Ehlers&
Associates for drafting documentation. Ehlers&Associates confirms with the City
whether building permits have been issued on the property to be included in the TIF
District.
April 22, 2003 City Council calls for public hearing on May 27, 2003 on the modification for
Redevelopment Project Area No. 3 and the establishment of Tax Increment
Financing District No. 3-5 and for the awarding of business subsidies.
May 9, 2003 Project information submitted to the County Board for review of county road impacts
(at least 45 days prior to public hearing). [Ehlers &Associates fax& mail on May 7,
2003]
May 13, 2003 Letter received by County Commissioner giving notice of potential redevelopment
tax increment financing district(at least 30 days prior to publication of public hearing
notice). [Ehlers &Associates fax&mail on May 9, 2003]
May 23, 2003 Fiscal/economic implications received by School Board Clerk and Ramsey County
Auditor (at least 30 days prior to public hearing). [Ehlers &Associate fax & mail on
May 23, 2003]
July 8, 2003 HRA requests that the City Council call for a public hearing in July.
July 8, 2003 City Council calls for a public hearing in July on the modification for Redevelopment
Project Area No. 3 and the establishment of Tax Increment Financing District No. 3-
5 and for the awarding of business subsidies.
July 15, 2003 Revised project information,property identification numbers, and maps sent to
Ehlers &Associates for drafting documentation. Ehlers &Associates confirms with
the City whether building permits have been issued on the property to be included in
the TIF District.
EHLERS
& ASSOCIATES INC
35
SCHEDULE OF EVENTS—PAGE 2
FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT AREA NO.3
AND THE ESTABLISHMENT OF A TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO.3-5
(a redevelopment district)
August 8, 2003 Deadline for completing inspections of property to qualify the tax increment
financing district as a redevelopment district.
August 8, 2003 Project information submitted to the County Board for review of county road impacts
(at least 45 days prior to public hearing). [Ehlers & Associates will fax & mail on
August 6, 2003]
August 11, 2003 Revised Letter received by County Commissioner giving notice of potential
redevelopment tax increment financing district (at least 30 days prior to publication
of public hearing notice). [Ehlers &Associates will fax&mail on August 7, 2003]
August 12, 2003 HRA requests that the City Council call for a public hearing on September 23, 2003.
[Resolution due to City by August S, 2003.]
August 12, 2003 City Council calls for a public hearing on September 23, 2003, on the modification
for Redevelopment Project Area No. 3 and the establishment of Tax Increment
Financing District No. 3-5 and for the awarding of business subsidies. [Resolution
due to City by August 5, 2003.]
August 22, 2003 Revised fiscal implications letter received by County Commissioner, School Board
Clerk and County Auditor notifying them of the change in date for the public hearing.
[Ehlers &Associates will fax&mail by August 20, 2003]
September 10, 2003 Date of publication of hearing notice and map for the Redevelopment Plan and TIF
Plan and awarding of business subsidies (at least 10 days but not more than 30 days
prior to hearing). [New Brighton Bulletin publication deadline Thursday, September
4, 2003]
September 16, 2003 Planning Commission reviews Plans to determine if they are in compliance with
City's comprehensive plan.
September 23, 2003 HRA considers the Plans.
September 23, 2003 City Council holds public hearing at 7:00 p.m. on the modification for
Redevelopment Project Area No. 3 and the establishment of Tax Increment
Financing District No. 3-5 passes resolution approving the Plans and the awarding of
business subsidies. [Council packet information will be sent by — September 16,
2003]
City requests Ehlers to certify the TIF District.
Ehlers&Associates requests certification of the District with County and State.
EHLERS
6 ASSOCIATES INC
36
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 03 - 062
A RESOLUTION APPROVING INTERNAL LOAN TO FUND
THE REDEVELOPMENT OF THE SAV II OFF-SALE LIQUOR STORE
WHEREAS, the City entered into a development agreement with AMCON to redevelop the
Stonehouse/SAV II site; and
WHEREAS, the goal is to develop a financial plan that provides funding for the construction
of the new store at the most affordable price; and
WHEREAS, the issuance of liquor revenue bonds or the use of reserves is not
cost affective for the project; and
WHEREAS, the best alternative for funding the new store is an Internal Loan from the
Water Filtration Fund; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony,
hereby approves an internal loan from the Water Filtration Fund(not to exceed $400,000) to
fund the City's portion of the construction of the new SAV II off-sale store.
Adopted this day of , 2003.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
37
MEMORANDUM
DATE: May 1, 2003
TO: Mike Morrison, City Manager
FROM: Roger Larson, Finance Director
ITEM: STONEHOUSE REDEVELOPMENT
Per your request, I reviewed the funding options for building of the new SAV II off-sale
store.
Ehlers provided me with the following numbers to work with:
Cost of a new store $950,000.00
Less: Sale of Existing Property ($640,000.00)
$310,000.00
Add: Hennepin County Easement $ 55,000.00
Cash Needed to Build New Store $365,000.00
With all projects, the goal is to develop a financial plan that provides funding at the most
affordable price. Factoring in such things as revenue streams, affordability of borrowing,
current operating budgets and long-term cash needs, often provides the potential
alternatives/funding sources for a project.
The funding options for this redevelopment include:
1) Issue Liquor Revenue Bonds.
2) Cash on Hand/Reserves.
3) Internal Loan.
Option #1 —Liquor Revenue Bonds
Liquor revenue bonds, totaling $940,000.00, were used to finance the redevelopment of
SAV I. However, given the small amount of cash needed to build the store ($365,000.00
is considered quite small in the bond market), the cost of issuance and interest of the debt
makes a small issue not as attractive as that of a larger one.
Adding the issuance costs and interest expense for a ten-year bond, the total cost would
be approximately $550,000.
38
Option #2—Cash on Hand
Current budget concerns and recent allocation of reserves (such as the funds used to
redevelop Central Park)has reduced our reserves. The recent balancing of the State's
operating budget impacted all Cities. Further reductions in State Aid are not out of the
picture, which could require additional budget adjustments. In uncertain/changing
economic times, it seems financially prudent, to not spend down our reserves.
Option #3 —Internal Loan
Given the cost of issuing debt, interest payments and the need to retain our reserves, an
internal loan appears to have the most merit. In reviewing potential funds for an
internal loan, the water filtration funds can support this project.
A review of the fund balance is as follows:
Fund Balance on 12/31/2000 $5,785,715
Central Park Allocation ($1,000,000)
2001 Interest Earnings $ 198,579
2001 Operation/Maintenance ($ 149,192)
12/31/2001 $4,835,102
2002 Interest Earnings $ 293,149
2002 Operation/Maintenance ($ 67,849)
12/31/2002 $5,060,402
The present financial plan for use of these funds is to use the annual interest earning of
the money to pay for cost of the operation and maintenance of the plant. In order to
accomplish that goal, an amount of$4,000,000 should remain in the fund.
Recently, as part of the new Public Works/Fire Station projects, Council authorized the
transfer of$437,000 from the water filtration fund to the lease revenue bond reserve
account. While serving as a back up, those funds will earn interest. When the lease
revenue bonds are paid off, the principal and interest earnings will be paid back to the
water filtration funds.
When considering an internal loan, the goal is to receive a fair return on investment.
Funding of the new off sale, with an internal loan, allows for repayment of the principal
with interest earnings. To establish a fair rate of return, the interest rate should be equal
to the amount of interest we could earn by investing the funds. When doing so, the
interest rate should be set at 5%.
39
Structure of the Internal Loan:
$365,000
Term 10 Years
Interest Rate 5%
Declining Principal
Year Principal Interest Total Cost
2004 $ 9,125 $ 9,125
2005 $ 36,500 $ 18,250 $ 54,750
2006 $ 36,500 $ 16,425 $ 52,925
2007 $ 36,500 $ 14,600 $ 51,100
2008 $ 36,500 $ 12,775 $ 49,275
2009 $ 36,500 $ 10,950 $ 47,450
2010 $ 36,500 $ 9,125 $ 45,625
2011 $ 36,500 $ 7,300 $ 43,800
2012 $ 36,500 $ 5,475 $ 41,975
2013 $ 36,500 $ 3,650 $ 40,150
2014 36,500 1,825 $ 38,325
$365,000 $109,500 $474,500
The total amount of the payments for the internal loan is $75,000 less than borrowing the
money through the issuance of a liquor revenue bond.
Recommendation:
Council authorize an internal loan (not to exceed $400,000) to fund the new SAV II
liquor store. The term of the loan is 10 years; interest is based on declining principal at a
rate of 5%.
40
CITY OF ST. ANTHONY
ORDINANCE 2003-011
AN ORDINANCE RELATING TO SALE AND USE OF CONSUMER FIREWORKS;
AMENDING SECTION 615.06 OF THE ST. ANTHONY CITY CODE
AND ADDING SECTION 580 AND SECTION 1170 TO THE ST. ANTHONY CITY
CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1.
Section 615.06 of the St. Anthony City Code, shall be amended to read as follows:
615.06 Other License Fees. No person other than the City may engage in the
following businesses or types of activity without first paying the fee listed in this
Chapter and obtaining a license as provided in this Chapter.
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Alarm, Business $25 One year, Yes 540
commencing
July 1
Alarms, $10 One year, Yes 540
Residential commencing
July 1
Amusement $75 per One year No 540
Devices machine
Beer: Off-Sale $100 One year No Chp. 340A 1000
3.2
Percent Malt
Liquor
License
Beer: On Sale 3.2 $350 One year No Chp. 340A 1000
Percent Malt
Liquor
License
Beer: Temporary None As stated in No Chp. 340A 1000
On Sale 3.2 license
Percent
Malt Liquor
License
41
Bowling lanes $12.50 per One year With
alley Council
Approval
Christmas tree None As stated in No 1325
lots: Nonprofit license
applicant
Other applicants $50 As stated in No 500; 600
license
Circus, carnival $50 plus $25 per As stated in No 437.09 500; 600
entertainment event day license
Coin operated $10 per One year Yes
laundry machines machine, up to
not in multiple maximum of
family building $190 per
location
Contractors $35 or$5 if One year No 560
State licensed
Courtesy ad $8 per bench One year Yes
benches
Demolition Fee $50-Residential
$75-Commercial
Fireworks Dealers $350 per One year No 624.20 580
engaged in the location
business of selling
only Consumer
Fireworks
Other Fireworks $100 per One year No 624.20 580
Dealers location
Fireworks display $2 per display One day No 624.220-
624.25
Garbage and $150 One year
rubbish haulers
Gasoline service $30 for station One year
stations, stations & 1 production
with multiple line,plus $8.50
product for each product
dispensement line dispensed
through 1 hose
2
42
Haulers of Garbage $150 One year No 555
or Recyclables
HVAC, plumbing, $35 One year 326.37—
gas piping 326.45;
326.46—
326.521
Juke boxes $50 per location One year Yes
Kennel $50 One year 520
Inspection Fee $30
Liquor: On-Sale $8,000 One year No Chp. 340A 1000
Intoxicating Liquor
Liquor: Sunday $200 One year No Chp. 340A 1000
On-Sale
Mobile home park None One year No 525
Multiple Dwellings $7.00 per One year No 550
dwelling unit
Newspaper vending $5 per machine One year Yes
machine
Peddler/Solicitor& $50 No 1130
Transient Merchants
Occupancy Permit $20 No
Physical Culture $250 license fee One year No 575
and Health Service and$500
or Club, Reducing investigation fee
Club or Salon, deposit
Sauna Parlor,
Therapeutic
Massage Studio
Public dance $50 One day No
Vending machines $2 per machine One year Yes
(including gumball
&nut machines)
All other coin- $25 first One year Yes
operated machines machine; $12
not otherwise each additional
covered in this machine, up to a
Section, except maximum of
nonperishable soft $180
drink machines
3
43
Set-ups $350 One year No Chp. 1000.12
340B
Secondhand Goods $1,000 One year No 565
Dealer
Tobacco or Tobacco $300 One year No 461.12— 510
related products 461.15
Towing service $30 for first One year, Yes 530
vehicle&$20 terminating
for each on 9/1 of
additional each year
vehicle(unless
licensed in
another city)
Wine, wine license $100 processing One year No Chp. 1000
fee & $400 340A
license fee
Wine,Temporary None Period stated No Chp. 1000
Wine License in license 340A
Section 2.
Section 580 shall be added to the St. Anthony City Code to read as follows:
Section 580—Fireworks Dealers
580.01. Purpose and Findings.
The purpose of this Section is to regulate the sale of Consumer Fireworks in order
to protect the health, safety and welfare of the general public. The City Council makes
the following findings regarding the need to license and regulate the sale, display,
distribution, and storage of Consumer Fireworks:
A. The unregulated sale,display, distribution, and storage of Consumer
Fireworks presents a fire safety hazard because these items contain pyrotechnic chemical
compositions that are combustible.
B. To ensure compliance with the limitations as to chemical content provided in
Minnesota Statutes, Section 624.20, Subdivision 1(c), regular inspection, sampling and
testing of Consumer Fireworks held for sale, display, distribution, and storage is
necessary.
4
44
C. To prevent the illegal sale of Consumer Fireworks to minors, regular police
inspections are necessary.
D. Regular inspections by the City fire department are necessary to prevent
improper display, storage and disposal of Consumer Fireworks.
E. The improper disposal of Consumer Fireworks presents environmental
hazards.
F. Accurate information concerning the addresses and locations of persons
holding Consumer Fireworks for sale, display, distribution, and storage in the City is
necessary to facilitate the inspection of the premises for compliance with necessary safety
regulations and performance standards and to assist the City in responding to any
emergency situation arising at or adjacent to such premises.
580.02. Definitions.
Unless the context clearly indicates otherwise, the following terms shall have the
stated meanings:
Consumer Fireworks. Those non-explosive, non-aerial pyrotechnic entertainment
devices containing only the limited amounts of pyrotechnic chemical compositions
permitted by Minnesota Statutes, Section 624.20, Subdivision 1(c) including certain wire
or wood sparklers, other sparkling items, and other novelty items.
Fireworks Dealer. A person engaged in the business of selling, displaying, or storing,
any form of Consumer Fireworks.
License. A license granted pursuant to this Section.
Licensed Premises. The premises described in the license application and approved site
plan for the sale, display, or storage of Consumer Fireworks.
Licensee. The person,partnership, corporation, or association to whom a license is
issued under this Section, including any agents or employees of the person, partnership,
corporation, or association.
Minor. Any natural person under the age of eighteen (18) years.
Non-Permanent Place of Business. A business whose physical location is not
permanent or is capable of readily being moved or changed, including without limitation,
commercial transactions conducted in whole or in part from non-permanent stands, sales
kiosks, tents, motorized vehicles, trailers, or carts.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any Consumer Fireworks, directly or indirectly, as part of a
commercial transaction, in violation or evasion of the provisions of this Section.
5
45
580.03. License Required.
No person shall keep for retail sale or wholesale distribution, sell at retail or
wholesale, or otherwise supply or furnish as part of any commercial transaction, directly
or indirectly,upon any pretense or by any device, any Consumer Fireworks without first
having obtained a current license hereunder,paid the required license fee, and
conspicuously posted the license on the licensed premises. Issuance of a license under
this Section shall not relieve the person from obtaining any other license required by the
City Code, state law, or federal law, to conduct this or other businesses at the same or any
other location.
580.04. License Application.
An application for any license required by this Section or the renewal of an
existing license shall be made on forms provided by the Clerk. A separate application is
required for each premises for which the applicant seeks a license. The provisions of
Section 500 of this Code, shall apply to all licenses required by this Section, and to the
holders of such licenses, except that licenses and renewals shall be granted or denied in
accordance with Sections 580.05 through 580.07 of this Code. All applications shall be
accompanied by the fees set forth in Section 615.06 of this Code. In addition to the
application requirements provided in Section 500 of this Code, applicants shall also
provide the following:
A. The applicant's full legal name, mailing address, and telephone number;
B. Identification of whether the applicant is a natural person, partnership,
corporation, or any other business association or organization;
C. The street address or legal description of the premises for which the applicant
seeks a license;
D. A description of the type of business that is currently transacted on the
premises for which the applicant is seeking a license;
E. A detailed site plan illustrating the location of and describing any and all
methods of sale, display, distribution, and storage of Consumer Fireworks;
F. The hours of operation, identification of and policies related to on-site
management, and parking facilities of the premises for which the applicant seeks a
license;
G. If the applicant is not the owner of or otherwise not legally responsible for the
premises or which the applicant seeks a license, the name, address, and telephone number
of the person legally responsible for the licensed premises;
H. If the applicant is not the owner of the premises for which the applicant seeks
a license, a true and correct copy of the current, executed lease, as well as a written
6
46
authorization executed by the owner of the premises, for the applicant's use of the
premises for the sale, display, distribution, and storage of Consumer Fireworks;
I. Any affidavits of the applicant as required by the Clerk, on forms provided by
the Clerk, in support of the application;
J. The applicant's written authorization to release information obtained in
connection with the application;
K. A statement signed by the applicant and, where the applicant is not the owner
of the premises for which the license is sought, from the property owner stating that he or
she has reviewed and understands the pertinent provisions of this Section and State law;
and
L. Any additional information deemed necessary by the Clerk to undertake
consideration of the application.
580.05. License Application Verification and Consideration.-
The provisions of Section 500 of this Code apply any and all licenses granted
under this Section and to the holders of such licenses, provided that all licenses shall be
granted or denied by the City Council if required by State law. The Clerk is authorized to
conduct any and all investigations necessary to verify the information supplied on an
application, including ordering a computerized criminal history inquire and/or driver's
license history inquiry on the applicant. After verifying application information, the
Clerk shall route the application to the City's fire department which shall review the site
plan and determine if the manner of sale, display, distribution, and storage constitutes a
fire or safety hazard. In assessing the potential hazards, reference shall be made to all
applicable state and federal laws, rules, and regulations as well as to the administrative
standards of the sale, display, distribution, and storage of Consumer Fireworks
established by the Minnesota Department of Public Safety, State Fire Marshal Division.
If no fire or safety hazards are identified, the license shall be granted in accordance with
this Section. If the application is denied, the Clerk shall notify the applicant of such
denial in writing. The notice shall be mailed by regular and certified mail to the applicant
at the address provided in the application and it shall inform the applicant of the
applicant's right, within twenty (20) days from the date of the notice, to submit a written
request to the Clerk for an appeal of the denial to the City Council. Appeals that are
timely-received shall take place before the City Council within reasonable period.
580.06. License Fee.
The annual license application fee shall be the amounts set forth in Section
615.06 of this Code. The amount of the license fee will depend upon whether the
Fireworks Dealer is engaged in the business of selling only Consumer Fireworks. The
license fee shall cover the administrative and enforcement costs, including the costs
associated with conducting unannounced compliance checks, inspections by the fire
department, inspections by the police department, as well as sampling and testing of the
merchandise to ascertain chemical content. Full payment of the required license fee shall
accompany the application. A separate fee and license shall be required for each
7
47
separate, non-contiguous licensed premises, even if owned and operated by the same
licensee.
580.07. Term of License; Renewal.
A. Term of License. The annual license shall be effective for one (1) year from
the date of approval.
B. Renewal. An application for the renewal of an existing license shall be made
prior to the expiration date of the license and shall be made in such form as the City
requires. Renewal applications shall be submitted at least sixty (60) days but not more
than one hundred and fifty (150) days before expiration of the license. If, in the judgment
of the City Council, good and sufficient cause for the applicant's failure to apply for a
renewal within the time provided is shown, the City Council may, if the other provisions
of this Section are complied with, grant the license.
580.08. Persons Ineligible for a License.
The following restrictions apply to any applicant who is a natural person, a
general partner if the applicant is a partnership, or a corporate officer if the applicant is a
corporation. No license shall be granted to:
A. Any person who is a minor at the time the application is filed.
B. Any person who is not of good moral character or repute.
C. Is not the real party in interest in the business being licensed.
D. Any person who has knowingly falsified or misrepresented information on
the license application.
E. Any person who owes taxes or assessments to the State, County, School
District, or City that are due and delinquent.
F. Any person who has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subdivision 2,
and has not shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of a Fireworks Dealer as prescribed by Minnesota Statutes, Section
364.03, Subdivision 3.
580.09. Locations Ineligible for a License.
The following locations shall be ineligible for a license under this Section:
A. Claims Due. No license shall be granted or renewed for operation on any
property on which taxes, assessments, or other financial claims of the State, County,
School District, or City are due, delinquent, or unpaid. In the event a suit has been
commenced under Minnesota Statutes, Sections 278.01 through 278.13, questioning the
8
48
amount or validity of taxes, the City Council may on application waive strict compliance
with this provision; no waiver may be granted, however, for taxes or any portion thereof
which remain unpaid for a period exceeding one (1) year after becoming due.
B. Improper Zoning. No license shall be granted if the property is not properly
zoned for the activity being licensed under Chapter 16 of this Code, unless the business is
a legal, nonconforming use.
C. Non-Permanent Place of Business. No license shall be granted for the sale of
Consumer Fireworks at a Non-Permanent Place of Business.
580.10. License Restrictions.
A. License Display. A license issued under this Section must be posted in a
conspicuous place in the premises for which it is used. The license issued is only
effective for the compact and contiguous space specified in the approved license
application.
B. Licensed Premises. A separate license is required for each place of
business.
C. Change in Ownership. Any change, directly or beneficially, in the
ownership of the licensed business shall require the application for a new license and the
new owner must satisfy all current eligibility requirements.
D. Non-transferable. Each license under this Section shall be issued to the
applicant only and shall not be transferable to any other person. No licensee shall loan,
sell, give or assign a license to another person.
E. Location restrictions. A license under this Section authorizes the licensee to
carry on its business only at the permanent place of business designated on the license.
However, upon written request, the City may approve an off-site locked and secured
storage facility. Such a site must meet all City zoning requirements and must have the
written approval of the City's fire department. The licensee shall permit inspection of the
facility in accordance with this Section. Property shall be stored in compliance with all
provisions of the City Code and in compliance with the standards established by the
City's fire department. The licensee must either own the building in which the business
is conducted, and any approved off-site storage facility, or have a lease on the business
premises which extends for more than six (6) months. No retail business transactions
shall be conducted at this off-site storage site.
580.11. Operation Restrictions.
A. Customer Safety Information Provided. At the point of sale, each
purchaser of Consumer Fireworks shall be provided with safety information complied by
the Minnesota Department of Public Safety, State Fire Marshal Division or other such
safety information as directed by the Clerk or City Council.
9
. 49
B. Maintenance of Order. A licensee under this Section shall be responsible
for the conduct of the business being operated and shall maintain conditions of order.
C. Maintenance of Storage Areas; Permissible Amounts of Consumer
Fireworks. Any significant deviation, enlargement or alteration from the approved site
plan for the storage areas covered by the license must be pre-approved in writing by the
City's fire department. The total quantity of Consumer Fireworks stored on any property
shall not exceed 100 pounds. Buildings used for the storage of Consumer Fireworks shall
be one-story, without a basement, non-residential, and fully protected by an automatic
fire-sprinkler system. Buildings used for the storage of Consumer Fireworks that are also
used for other purposes shall store the Consumer Fireworks in a room or area used
exclusively for the storage of Consumer Fireworks having interior walls with a minimum
fire-resistance rating of one (1) hour and having doors with a minimum fire-resistance
rating of forty-five (45) minutes. Buildings used for the storage of Consumer Fireworks
must be located at a minimum distance of seventy (70) feet from inhabited buildings and
thirty-five (35) feet from public highways and other storage buildings.
D. Retail Sale Displays. Any and all displays of Consumer Fireworks for retail
sale must meet the standards and requirements provided in National Fire Protection
Association Standard 1124 (2003 edition).
E. Smoking Prohibited. A licensee under this Section must strictly prohibit
any cigarette, cigar, or pipe smoking in or around the licensed premises and
conspicuously post and maintain appropriate "NO SMOKING" signage throughout.
F. Prohibited Transactions. No licensee, clerk, agent or employee thereof
shall sell, distribute or furnish any Consumer Fireworks to a minor, to any person who is
obviously intoxicated, chemically impaired or incompetent, or to any person who fails to
present competent age identification in the form of a current, valid Minnesota driver's
license, current, valid Minnesota identification card, or current, valid photo driver's
license or photo identification issued by another state or a province of Canada.
G. Inspection of Items. The licensee must, at all times during the term of the
license, allow the authorized agents of the City, fire department, and police department,
to enter the premises where the licensed business is located, including all display areas,
storage areas and all approved off-site storage facilities, during normal business hours, or
beyond normal business hours where the inspector determines an emergency situation
exists, for the purpose of inspecting such premises and inspecting the items, ware, and
merchandise therein for the purpose of verifying compliance with the requirements of this
Section, and any other applicable state and federal regulations. Upon request, the
licensee must provide a test sample to the inspector for the purpose of verifying the
chemical content of the merchandise.
H. Proper Disposal of Unsold Consumer Fireworks. It shall be the
responsibility of the licensee to properly dispose of all unsold permitted Consumer
Fireworks. Any consequential cost to the City for disposal of these goods shall be the
ultimate responsibility of the property owner and the City may levy the amount of the
cost plus interest as a special assessment against the property to which the costs pertain.
10
50
I. Confiscation and Destruction of Illegal Fireworks. Any authorized agent
of the fire department or police department may seize, take, remove or cause to be
removed all stocks of fireworks or other combustibles offered or exposed for sale, stored
or held in violation of this Section or applicable state or federal law. Any consequential
cost to the City for disposal of these goods shall be the ultimate responsibility of the
property owner and the City may levy the amount of the cost plus interest as a special
assessment against the property to which the costs pertain.
580.12. Sanctions for License Violations.
A. Suspension or Revocation. The City Council may suspend or revoke a
license issued pursuant to this Section for a violation of:
(1) Fraud, misrepresentation, or false statement contained in a license
application or a renewal application.
(2) Fraud, misrepresentation, or false statement made in the course of
carrying on the licensed occupation or business.
(3) Any violation of this Section or state law.
(4) A licensee's criminal conviction that is directly related to the
occupation or business licensed as defined by Minnesota Statutes, Section 364.03,
Subdivision 2, provided that the licensee cannot show competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the licensed occupation or
business as defined by Minnesota Statutes, Section 364.03, Subdivision 3.
(5) Conducting the licensed business or occupation in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute a menace to the
health, safety, or general welfare of the community.
(6) Any significant unauthorized deviation, enlargement or alteration of the
approved site plan for the storage and sales display areas of the licensed premises shall, in
and of itself, constitute a basis for license revocation.
B. Notice of Hearing. A revocation or suspension by the City Council shall be
preceded by written notice to the licensee and a hearing. The notice shall give at least ten
(10) days' notice of the time and place of the hearing and shall state the nature of the
charges against the licensee. The notice shall be mailed by regular and certified mail to
the licensee at the most recent address listed on the license application.
580.13. Penalty.
A violation of this Section shall be a misdemeanor under Minnesota law.
580.14. Severability.
11
51
Should any provision of this Section be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the ordinance as a whole or any
provisions thereof other than the provision declared invalid. The City Council hereby
declares that it would have adopted this Section and each section, subsection, sentences,
clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections; sentences, clauses, or phrases be declared invalid.
Section 3.
Section 1170 shall be added to the St. Anthony City Code to read as follows:
Section 1170—Restrictions on the Discharge of Consumer Fireworks
1170.01. Prohibited Acts.
The use, display, possession, discharge or sale of any fireworks not
expressly permitted by Minnesota Statutes, Section 624.20, Subdivision 1(c) is strictly
prohibited.
1170.02. Permitted Acts; Limitations.
The use, display or discharge of permitted Consumer Fireworks must be
conducted in a manner that minimizes the risk of fire or injury to other persons or
property. The use, display, or discharge of those non-explosive, non-aerial pyrotechnic
entertainment devices only containing the limited amounts of pyrotechnic chemical
compositions described in and permitted by Minnesota Statutes, Section 624.20,
Subdivision 1(c), hereinafter"Consumer Fireworks,"is strictly prohibited in the area on,
below, above or within or in close proximity to:
A. Public property, including schools, parks, sidewalks, roadways, streets, rights
of way, highways, alleys, bicycle and pedestrian paths, schools, lakes, rivers, and
waterways located in whole or in part within the City limits.
B. Private property within the City limits that has conspicuously posted a written
sign or notice that no fireworks discharge is allowed.
C. Within five hundred (500) feet of any premises on which Consumer Fireworks
are held for sale, display, distribution or storage.
D. Any property, area, structure or material that by its physical condition or the
physical conditions in which it is set would constitute a fire or personal safety hazard.
Section 4.
This Ordinance shall be in full force and effect upon passage by the.City Council and
publication of the Ordinance or a Summary thereof in the City's official newspaper.
12
52
First Reading: August 12, 2003
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
13
53
MEMORANDUM
TO: Sue Hall
FROM: Jerome P. Gilligan
DATE: May 22, 2003
RE: Proposed Fireworks Ordinance & Minnesota Statutes, Section 624.20, as
amended by the 2003 Legislature
Enclosed please find a proposed ordinance that addresses license fees and regulation of
the sale and use of Consumer Fireworks.
A new law that is awaiting the Governor's signature will restrict the authority of cities to
regulate the sale of Consumer Fireworks. Under the new law, a city may not (1) charge an
"...annual license fee of.each retail seller..." in excess of certain amounts, (2) "prohibit or restrict
the display of items for permanent or temporary retail sale...that comply with National Fire
Protection Association Standard 1124 (2003 edition) ("NFPA Standard 1124"), and(3) impose _
bond or insurance requirements on a retail seller if such requirements are not "imposed on the
same basis on all other business licensees." The actual language of the amendment to Minnesota
Statutes, Section 624.20, Subdivision 1 appears below in its entirety:
(d) A local unit of government may impose an annual license fee for the retail sale
of items authorized under paragraph (c). The annual license fee of each retail seller that is
in the business of selling only the items authorized under paragraph(c)may not exceed
$350, and the annual license of each other retail seller may not exceed $100. A local unit
of government may not:
(1) impose any fee or charge, other than the fee authorized by this
paragraph, on the retail sale'ofiteins authorized under paragraph (c);
(2) prohibit or restrict the display of items for permanent or temporary
retail sale authorized under paragraph (c)that comply with National Fire
Protection Association Standard 1124 (2003 edition); or
(3) impose,on a retail seller any financial guarantee requirements,
including bonding or insurance provisions, containing restrictions or conditions
not imposed on the same basis on all other business licensees.
[EFFECTIVE DATE.] This section is effective the day following final enactment.
Since the new law is effective the day after enactment and in anticipation that it will be
signed by the Governor, in the proposed ordinance we have addressed these limitations on the
ability of the City to regulate the sale of Consumer Fireworks as follows:
DORSEY & WHITNEY LLP
54
624.20, Subdivision 1(d)(1). We have limited the license fees to the amounts provided in
the new law. We have maintained the "per location" license fee language as is the case with
respect to many other license fees in the City. The actual language of the new law could be
interpreted to prohibit the "per location" application of license fees so that a retail seller with
multiple locations may only be charged one license fee, but it does not, on its face, dictate such
application. Therefore, it is within the discretion of the City to decide whether to maintain the
"per location" language. If the City decides to eliminate the "per location" language with respect
to the Consumer Fireworks license fees, companion language in the last sentence of 580.06 of
the proposed ordinance should also be deleted.
624.20, Subdivision 1(d)(2). We have included a provision that states that retail sale
displays must be in accordance with NFPA Standard 1124.
Additionally, we have included fairly restrictive provisions regarding the storage of
Consumer Fireworks which we understand to be consistent with NFPA Standard 1124 because
the new law does not apply to storage. However, we raise as an issue for the City's consideration
that Standard 1124 apparently permits the storage of up to 1,000 pounds of Consumer Fireworks
rather than 100 pounds as provided in the proposed ordinance.
It is possible to interpret the broad language of the new law to spare Consumer Fireworks
from application of the City's existing zoning code provisions which regulate retail sales in the
City and to remove the ability of the City to prohibit sales of Consumer Fireworks at non-
permanent places of business. Since such an interpretation has serious implications and since the
language does not clearly require such a reading, we have drafted the proposed ordinance to
require that sales of Consumer Fireworks be in compliance with the zoning code and to prohibit
sales of Consumer Fireworks at non-permanent places of business. However, because of this
broad language, it is possible that a retail seller could challenge these provisions of the proposed
ordinance. Again, this is an issue for the City to consider.
624.20, Subdivision I(d)(3). We have removed the insurance provision suggested by the
City that was included in our initial draft due to the apparent absolute prohibition in the new law
unless the City imposes such requirements on all business licensees, which it does not.
2
DORSEY & WHITNEY LLP
St. Anthony Village 55
Stonehouse Redevelopment
Preliminary Time Line
May 27, 2003
June 2003: Braun Intertec completes asbestos survey, inclusive of roof samples
June 2,2003: Pre-Redevelopment Agreement sent to Amcon for execution
June 9,2003: Amcon submits update proforma to Ehlers
June 9,2003: Determination made if TIF District is feasible
June 10, 2003: Submit application to Planning Commission for preliminary site plan review (15
copies—11 X 17 of site layout and elevations to date)
June 10,2003: Project Team meeting at 10:00—Ehlers Office
June 16,2003: Determination of construction costs related to the new Liquor Store
June 17,2003: Planning Commission Preliminary Site Plan Review—7:00 p.m.
June 17,2003:
Submit final plans (civil, building, grading, landscaping, etc) to City for Planning
Commission and City Council review in July
June 19,2003: Ehlers to submit staff recommendation to City Council on preferred redevelopment
option and financial overview
June 24,2003: Project Team meeting at 10:00 a.m.—Ehlers Office
June 24,2003: Review and approval of selected option for redevelopment.;._by City Council
.y;�.`-.
June 30,2003: Final determination of property to be salvaged from�deveTopment
.,.- :-:
June-July 2003: Finalize negotiations/terms of RedevelopmenVI greement
June 24,2003: City Council Preliminary Site Planleview
July 8,2003: Project Team meeting at 10:00 a.m< Ehlers Office
July- Oct 2003: Submit application for liquor liceJSfor ri�w restaurant and approval by City Concil
July 2003: Send outfbids for asbestos,abatemeff o commence m late August,early September
Dose finalizes draftrof Development Agreement
July 11, 2003: � Y �s
July 15, 2003: y Planning eommission Final Site P1au;Review,
CUSP and variance approval
Jul 17,2003:` Ehlers submits staffk- eommendati n for approval of Development Agreement
Y . s
July 22, 2003: A Prjct"Team meeting at 10`Ob.a:m —Ehlers Office
July 22, 2003: " Crty�Coec?I Find Plan Review, CUP and variance approval
�.
July 22, 2003: _' Approval afRe-development Agreement by City Council—7: p.m.
July 23, 2003: '~ Arrdbn signage can be placed upon the site previewing the new development
September 8, 2003.-x; -_` Property closing transaction(both SAV I and Fire Station have relocated)
." Be
September 9,2003 ` in asbestos abatement:��°�� , g
September 15,2003 Begin demolition/construction
March 2004: Project completed
g
............-
.110
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IBM
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IN Design Phase:
•
Oertel Architects 1190 Oertel Architects- Design Phase 22MAY03 22A G03
PI :
1410 Planning Commission Design Review 17JUN03 17JUN03 : . 7:nning commission Design Review:
Neighborhood Meeting:
1412 Neighborhood Meeting 09JUL03 09JUL03 . . . . . . . . . .
Plan
Comm Cond.Use
1420 Plan Comm Cond. Use Permit/Variance Pub. Hearing 15JUL03 15JUL03 PermitfVariance Pub.Hearing
. . . . . . . . . .
.. .. . . . . . .
Council
1430 City Council Design Approval 22JUL03 22JUL03 JCi ty Design Approval
........st...ru......ctural.....
- Steel'.
1380 Bid Date-Structural Steel 12AUG03 12AUG03 a Bid Date
'
1381 Bid Date-Site Package 12AUG03 12AUG03 Bid Date Site Package
. . . . . . . . . .
-
a a
: 1385 City Council Approval -Site/Steel Packages 26AUG03 26AUG03 City Council Approval SitetSteel Packages
Site Construction Phase'
a
SitSite Construction Phase 27AUG03 30SEP03
. . . . . . . . . . . . . . . . . .
Bid Date 7 Building Package . . . . . . .
1382 Bid Date- Building Package 16SEP03 16SEP03 . . . . . . . . . . .
1 6SEP03
S
I Pity Council Approval-Building Packa
13-95 City Council Approval -Building Package 23SEP03 23SEP03 0: : . . . . . . . . . .
S 0
:. 1405 Building Construction Phase 24SEP03 28MAY04
I M 0 Own(
.. 1425 Owner Move-in 31 MAY04 31 MAY04 . . . . . . . . . . . .
.............. .............. ... ..........
................................
. ...... ...
...... ....
.......... ......................
P'"b4cw
.'.'.I:Oertel Architects-Design Phase
Ed
1195 Oertel Architects-Design Phase 22MAY03129AUG03
1416 Planning Commission Design Review 17JUN03 117JUN03 Planning Commission.Design Review:
. . . . . . . . . . . .
1426 Plan. Comm.Variance Public Hearing Plan.comm.Vaance Public Hearing:
15JUL03 15JUL03 ri
...
. . . . . . . . . . .
1386 Bid Date-Structural Steel 14AUG03 14AUG03 I Bid Date-structural Steel
Bid Date-site Package:
..: 1387 Bid Date-Site Package 14AUG03 14AUG03 . . . . . .
-
.:: 1390 City Council Approval -Site/Steel Packages 26AUG03 26AUG03 City Council Approval. SitelSteel Packages:. . .
Site Construction Phase
27AUG03 10OCTO 3
:.. 1406 Site Construction Phase
. . . . . . . ... . . . . . . . . . .
I Bid Date-
Building Package
1389 Bid Date- Building Package 23SEP03 23SEP03
.. 1400 ***City Council Approval -Building Package 30SEP03 30SEP03 ...city Council Approval;Building Package:. . . . . .
1396 Building Construction Phase 010CT03 11JUN04
r : ........
1411 Owner Move-in 14JUI 04 ...r........
Ov
Start date 21 MAY03
Finish date 14JUN04
Data date 22MAY03 St. Anthony Village - Fire Station/Public Works
Run date 19JUN03 requires a special city council meeting Kraus-Anderson Construction - Midwest Division
Page number 1A
@ Primavera Systems, Inc.
August 7, 2003
ilia e C/ FUTURE COUNCIL AGENDA ITEMS
Meeting Date Meeting Type Staff Present Items/Issues
August 26 Regular Planning Commission issues of August 19
Call for Special meeting for Sept. 30, 7 pm to
consider bid package for Public Works and other
business
Kraus- Consider bid packages for Fire&Public Works
Anderson facilities
T. Hubmer Consider bids for Kenzie Terrace/27th Ave.NE
sewer&water improvements
T.Hubmer SAC/WAC increase
Ord., fire works (2"reading)
September 9 Regular EAW resolution VI
J. Hewitt Res., Amend North Suburban Mutual Aid
Staff Res.,tax levy for 2004
Ehlers Res., sale of bonds
September 23 Regular Res., approve election judges for 2003 local election
Public hearing on TIF plan-action requested on TIF
district 3-5
Planning Commission issues of September 16
HRA Public hearing on TIF plan-action requested on TIF
District 3-5
Res., approve bid package for Fire
September 30 Special 7:00 pm Res. approve bid package for Public Works
Work Session 7:30 pm Joint meeting with ISD#282
October 14 Regular
August 2003
Monthly Planner
Jul 2003 Sep 2003 1 2
S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 4 5 6
6 7 8 9 10 II 12 7 8 9 10 11 12 13
13 14 15 16 17 18 19 14 15 16 17 18 19 20
20 21 22 23 24 25 26 21 22 23 24 25 26 27
27 28 29 30 31 28 29 30
3 4 5 6 7 8 9
National Night
Out
10 11 12 13 14 15 16
7:00 PM Parks 5:00 PM Council
Commission Work.Session in
meeting Multipurpose
Room
7:00 PM Regular
Council Meeting
17 18 19 20 21 22 23
7:00 PM
Planning
Commission
meeting
24 25 26 27 28 29 30
7:00 PM
Regular Council
meeting
31
September 2003
Monthly Planner
Mft
1 2 3 4 5 6
7 8 9 10 11 12 13
7:00 PM Parks 7:00 PM Council
Commission Meeting
meeting
-5:30 pm Fire
Department
Groundbreaking:
-5:00 pm-Public
Works
14 15 16 17 18 19 20
7:00 PM
Planning
Commission
Meeting
21 22 23 24 25 26 27
7:00 PM Council
Meeting
28 29 30
7:00 PM Council Aug 2003 Oct 2003
Work Session S M T W T F S S M T W T F S
1 2 1 2 3 4
3 4 5 6 7 8 9 5 6 7 8 9 10 11
7:30 PM Council 10 11 12 13 14 15 16 12 13 14 15 16 17 IS
Joint Meeting
with School 17 IB 19 20 21 22 23 19 20 21 22 23 24 25
Board 24 25 26 27 28 29 30 26 27 28 29 30 31
31
General Fund Budget to Actual Report: June 2003
Expenditures: Mean Average
50%
06/30/2003 Percentage Remaining
Budget Y-T-D Balance Spent Budget
Mayor/Council $59,400.00 $15,214.76 $44,185.24 26% 74%
Intergovernmental Relations $21,000.00 $11,037.00 $9,963.00 53% 47%
Cable Franchise $22,000.00 $19,697.22 $2,302.78 90% 10%
General Management $79,300.00 $45,562.91 $33,737.09 57% 43%
Elections $25,200.00 $6,260.82 $18,939.18 25% 75%
Finance/Insurance $224,200.00 $68,698.63 $155,501.37 31% 69%
Finance/Assessing $41,600.00 $37,852.26 $3,747.74 91% 9%
Legal $96,000.00 $42,711.32 $53,288.68 44% 56%
Engineering/Planning/Zoning $2,600.00 $330.61 $2,269.39 13% 87%
City Buildings $121,400.00 $55,740.57 $65,659.43 46% 54%
Civil Defense $45,500.00 $18,937.09 $26,562.91 42% 58%
Police Protection $1,159,200.00 $522,103.81 $637,096.19 45% 55%
Lauderdale/Falcon Heights $578,200.00 $260,660.52 $317,539.48 45% 55%
Fire Protection $587,400.00 $258,084.35 $329,315.65 44% 56%
Inspections/Building Permits $75,400.00 $20,509.72 $54,890.28 27% 73%
Animal Control $4,200.00 $332.86 $3,867.14 8% 92%
Public Works $420,200.00 $154,579.33 $265,620.67 37% 63%
Public Works/Maintenance& Repair $125,700.00 $50,218.41 $75,481.59 40% 60%
Tree and Weed Care $27,900.00 $11,953.79 $15,946.21 43% 57%
Parks $128,200.00 $61,124.61 $67,075.39 48% 52%
Budget Reserves/Non Budgeted $0.00 $0.00 $0.00 0% 0%
Total Expenditures $3,844,600.00 $1,661,610.59 $2,182,989.41 43% 57%
Central Park Project
Appropriation: $2,704,100.00
St.Anthony High School $20,681.25
Total Revenue $2,724,781.25
Hard Costs: 06/30/2003
Expenditures Balance
Central Park Construction-Veit ` $9;66 71 fit 13 $1,376,218.43 $285,543.70
City Hall Irrigation $28,100.00 $26,695.00 $1,405.00
Park Building-Thompson Homes $453,096.90 $436,234.70 $16,862.20
Central Park-Contingency . 34b,01)00 $28,190.69 $5,809.31
Park Building Contingency $25,000.00 $0.00 $25,000.00
Total $2,201,959.03 $334,620.20
Silver Point Park
Soft Costs: Building/Engineering
URS-Planning&Design $269,050.00 $248,603.70 $20,446.30 Budget Expenditures Balance
SEH-Engineering/Planning $55,000.00 $55,000.00 0.00 $25,700.00 $25,700.00 $0.00
Total $324,050.00 $20,446.30
Additional Hard Costs:
Common Excavation $9,520.00 $7,839.12 $1,680.88
Common Borrow $36,988.00 $30,602.73 $6385.27
Contaminated Soil/Disposal $25,153.58 $20,803.83 $4,349.75
Soccer Goal Posts $3,000.00 $2,412.04 $587.96 Veit Construction Contract $1,661,762.13
Erosion Control Fence $4,674.25 $3,919.56 $754.69 Change Orders $158,630.83
Lab,Testing-Soils Analysis $1,500.00 $1,206.02 $293.98 $1,820,392.96
Environmental Field Supplies $295.00 $301.50 ($6.50)
Lead/Oil Drum Disposal $3,500.00 $2,864.30 $635.70 Budget:
Additional Lighting Foundation $30,000.00 $24,874.14 $5,125.86 Central Park/Veit $1 661,;762.x13
Practice Soccer Field $10,000.00 $8,291.38 $1,708.62 Contingency $34 000 00
_
Total $1 6 0342 83 $21,516.21 Additional/Hard Costs �r$124;63083
$1,820,392.96
Additional Soft Costs:
STS Consultants-Soil Borings $6,646.00 $6,646.00 $0.00
STS-Construction Testing $5,000.00 $2,520.00 $2,480.00
URS-Environmental Services $13,500.00 $3,500.00 $10,000.00
Bond Issuance $23,881.54 $30,786.54 ($6,905.00)
Pollution Control $2,362.50 $2,572.50 ($210.00)
Advertisement for Bids $390.10 $641.40 ($251.30)
Maurice Anderson $1,680.00 $3,960.00 ($2.280.00)
Total $53,460.14 $2,833.70
High School Change Orders:
Irrigation System $2,721.25 $0.00 $2,721.25
Install Jug Filler/Drinking Fountain $650.00 $0.00 $650.00
Trail Between H.S&Pavillion $14,190.00 $0.00 $14,190.00
Intall Asphalt @ H.G.Gym Entrance $3,120.00 $0.00 $3,120.00
Total $20,681.25 $20,681.25
Central Park Project-Totals $2,724,781.25 $2,324,683.59 $400,097.66
I
Stormwater Fund - Cash on Hand 06/30/2003
Projeted
Revenues: Funding Source Revenues-to-Date
Street Improvement Bonds $3,000,000.00 $2,948,173.80
MSA Bonds $950,000.00 $935,008.45
DNR $5,440,000.00 $5,528,617.36
FEMA $700,000.00 $700,000.00
Hennepin County $150,000.00 $150,000.00
Stone Water Utility Charges $500,000.00 $509,645.42
Storm Sewer City Bonds $1.610.000.00 $1.594,271.55
Total Project Budget $12,350,000.00 $12,365,716.58
Other Project Activity:
Reserves/Transfer from Revolving Fund $175,000.00 $175,000.00
State of Minnesota-Reimbursements $0.00 $18,755.27
Homeowner Portion-Grant Agreement $0.00 $5,060.75
HRA-Streetscape Transfer $0.00 $155,100.00
Met Council $20,000.00 $10,000.00
Stormwater Fees-Purchase 2809-30th Avenue NE $106,000.00 $106,000.00
Interest Earnings(Non DNR Funds) $0.00 $126,495.42
Sale of Pahl Avenue Homes(2700&2704) $0.00 $11,200.00
Middle Mississippi Watershed District $120,000.00 $120,000.00
29th Avenue-Water Connection Fees $26,000.00 $26,400.00
Misc.-Homeowner/Reimburse for Extra Construction Work $0.00 $200.236.25
Total Revenues $12,797,000.00 $13,319,964.27
05/31/2003
Expenditures: Expenditures-to-Date
WSB-Englneering Services $389,936.87
Barr-Engineering Services $2,709.35
Dorsey&Whitney-Legal Services $39,847.99
Rice Creek Watershed District-Water Study $2,025.00
Purchase of Flood Homes $1,203,398.26
Pahl Avenue Ponding $111,308.57
Flood Relief Grant Program $65,159.32
Private Homes-Dumpsters/Service Master $17,371.44
Sump Pump $246.64
1999 Street Improvement Project $1,128,342.79
2000 Street Improvement Project $2,944,397.37
2001 Street Improvement Project $2,091,194.23
2002 Street Improvement Project $2,309,941.08
St.Anthony Boulevard Street Lighting $318.00
Harding Street Holding Ponds $925,223.57
Silver Point Park/Construction $1,604,287.87
Total Expenditures $12,835,708.35
Project-Balance $484,255.92
Stormwater Fees Non-Desiganted $183;178.70
Total Cash on Hand $667,434.62
EXPENDITURE REPORT 06/30/2003
WSB: Flood Relief Grant Program: 2001 Street Improvement Project
Project Description: Excenditures Project Description: Exoenditures Project Description:
Water Resource Management Plan $12,191.50 Dennis/Penny Gault $10,000.00 WSB-Engineering Services $260,948.82
Water Management Plan $10,531.50 James/Susan Kozarek $10,000.00 Lillie Suburban Newspapers $38.75
Stormwater Task Force $29,243.00 Thomas/Susan Hoban $800.00 Hags Concrete Works $2,356.53
Stormwater Engineering $56,309.98 Julie Sexton $1,004.53 Olson's Plumbing $221.90
Flood Problem Analysis $31,497.23 Village Properties-2801 37th Avenue NE $5,280.00 Dickson Electric $453.00
MCES Grant Application $1,724.25 Castle Building&Remodeling-3301 Edward St. $10,000.00 Sandness Construction $4,650.00
DNR/FEMA Grants $22,849.13 L.N.Soding-3460 Penrod Lane $600.00 Bond Issuance $21,183.48
Sump Pump Inspection Program $5,083.43 J&D Landscaping-3460 Penrod Lane $1,300.00 Park Construction $1,801.341.75
Park Design $156,447.10 St.Anthony Health Center-3700 Foss Road $3,301.00 Total 2001 Street Project $2,091,194.23
UI Study $32,283.50 RiteWay Waterproofing-2929 Crestview Avenue $390.00
Flood Grant-1998/1999/2000/2001/2002 $31,776.25 Pine Cone Nursery-3460 Penrod Lane $9,222.80 2002 Street Improvement Project
Total WSB $389,936.87 Lamere Concrete-Flood Proofing Improvement $4,412.00 Project Description:
McCaren Designs,Inc. $703.99 WSB-Engineering Services $262,035.51
Barr Engineering: Minnehaha Falls landscaping $5,587.50 Dorsey&Whitney $5,220.89
Project Description: Elgard Excavating $1,245.00 Construction Bulletin $215.16
District N6 Watershed Study $2,709.35 Twin Cities Glass Block $1,312,5 0 Moody s Investors Service $3,250.00
Total Barr Engineering $2,709.35 Total Flood Relief Program $65,159.32 Springsted,Inc. $13,217.86
Asphalt&Concrete $8,087.00
Dorsey&Whitney: Private Homes-Dumpsters/Servlce Master Crown Fence&Wire $6,528.10
Project Description: Project Description: Pipe Services Corp. $5,851.20
Legal Services for Flooding Issues $17,911.16 Waste Management $391.65 S.M.Hentges&Sons $2,005.535.36
Legal Services-Comdenation of Homes $17,117.75 Service Master $13,782.29 Total 2002 Street Project $2,309,941.08
Legal Services-4029 Shamrock Drive $1,938.85 Nancy Myhran $259.50
Legal Services-Pahl Avenue $2,880.23 Linda Gonier $198.00 St.Anthony Boulevard Lighting
Total Dorsey&Whitney $39,847.99 Susan Kozarek $925.00 Project Description:
Elaine Nelson $1,065.00 WSB-Engineering Services $318.00
Water Quality Study: Sue Wenker $250.00 $318.00
Silver Lake: Berkley Risk/Insuance Claim-Payment $500.00
Rice Creek Watershed District $2,025.00 Total Dumpsters $17,371.44 Harding Street Holding Ponds
Project Description: Exoenditures
Purchase of Homes: Sump Pump WSB-Engineering Services $105,888.05
Project Description: Project Description: Bettendorf Rohrer $30,075.00
Network Title,Inc. $255.00 Mcleod USA-Sump Pump Una $131.00 Second Nature Lawn $270,873.76
Purchase of 2716 St.Anthony Boulevard $134,928.90 Lillie Suburban News-Advertisement $115.64 Residential Easements $432,183.78
Demolition $9,156.00 Total Sump Pump/Misc. $246.64 Dorsey&Whitney/Legal
$ ,089.52 Taxes $839.61 STS Consultants $3,235.00
Legal Services-Dorsey&Whitney $225.00 1999 Street Improvement Project Evergreen Land Services $19,519.66
Check for Asbestos-Abatement Services $365.00 Project Description: Construction Bulliten $358.48
Seal&Cap Well $1,450.00 WSB-Engineering Services $176,525.71 Albrecht,Inc. $20,215.22
Purchase of 2713 St.Anthony Boulevard $147,676.13 Springsted,Inc.-Bond Services $8,835.85 Comdemnation Commissioners $8,455.10
Demolition $11,258.00 Northdale Construction $928,231.18 Old Republic-Abstract Fees $2,330.
Legal Services-Attorney Fees for Seller $6,845.00 Treemendous $460.00 Total Harding Street Holding Ponds $925,223.57
Recording Deedrraxes $2,506.98 Chris Addington $503.22
Title Insurance $946.00 Dorsey&Whitney $2,911.55 Silver Point Park/Construction
Seal&Cap Well $1,420.00 Band Issuance Expense $10,875.2 8 Project Description:
Purchase of 2809-30th Avenue NE $108,067.10 Total 1999 Street Project $1,128,342.79 Richard Knutson,Inc, $1,466,031.72
Purchase of 2700/2704-Pahl Avenue $301,411.45 Sandness Construction $35,524.00
Purchase of 2713-Pahl Avenue $208,072.00 2000 Street Improvement Project Thompson Homes,Inc. $9,832.50
Purchase of 4029 Shamrock $263,881.62 Project Description: Muska Electric $40,730.80
First American Title $375.00 WSB-Engineering Services $315,820.93 Construction Bulletin $160.89
Forsythe Appraisals/Kozarek $350.00 Barbarossa&Sons,Inc. $2,293,303.47 Lillie Suburban News/Bid Notices $84.27
Evergreen Land Services $3,369,47 Barbarossa&Sons,Inc.-Settlement of Dispute $66,067.84 Reed Business InformationBid Notices $305.76
Total Purchase of Homes $1,203,398.26 E-CEL Energy $155,100.00 SEH,Inc.-Silver Point Park Building $29,032.13
Buchan Environmental Services $2,248.99 WSB,Inc.-Silver Point Park Building $2,628.00
Pahl Avenue Ponding: Berkley Risk Services $10,000.00 Twin City Hydro Seeding $1,298.20
Project Description: - AIIState Insurance Company $312.78 Romtec $6,500.00
WSB-Engineering Services $20,967.16 St.Paul Companies $16,884.96 STS Consultants $1,976.50
G&L Construction $69,998.42 Lillie Suburan Newspaper/Construction Bulletin $232.93 Trillium Park $10.183.10
Treemendous $14,460.90 Albrecht,Inc. $891.75 Total Silver Point Park $1,604,287.87
Pipe Services $3,859.20 Fabyanske&Westra-Legal Cost/Litigation $44,390.49
Crown Fence&Wire $370.00 Bond Issuance Expense $39,143.23
Construction Bulliten $1,432.20 Total 2000 Street Project $2,944,397.37
Lillie Suburban News-Advertisement $220.69
Total Pahl Avenue Ponding $111,308.57
INVESTMENT PORTFOLIO: 06/30/2003
Interest Date
BREMER-ST ANTHONY BANK Rate Purchased Maturi Book Value
INVESTMENT DEMAND-MONEY MARKET SAVINGS 1.25% 1 DAY LIQUIDITY(SWEEP) $20,596.87
4/M GENERAL
$869,000 GENERAL ELECTRIC COMM PAPER 1.085% 06/19/03 08/15/03 $867,878.02
$867,878.02
41M ARMY-WATER FILTRATION
$1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22129 $191,662.50
$ 240,000 FED HOME LOAN BANK-ZERO COUPON 6.00% 08/05/02 08/15/22 $61,800.00
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/28 $101,033.87
$500,000 SCALDIS CAPITAL COMM PAPER 1.070% 05/27/03 08/15/03 $498,833.33
$500,000 LOCHART FUNDING COMM PAPER 1.070% 05127/03 08/15/03 $498,833.33
$1,352,16303
DAIN RAUSCHER-GENERAL
GNMA POOL 4734 8.50% 02/01175 01115/05 $55.37
GNMA POOL 6472 7.50% 07/01/75 07/15/05 $291.69
GNMA POOL 14376 7.50% 03/01/77 03/15/07 $988.34
GNMA POOL 23364 9.00% 09/01178 09/15/08 $457.01
GNMA POOL 23356 9.00% 11/01178 11/15108 $1,081.31
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22102 02/22/29 $99,948.90
$285,000 GENERAL ELECTRIC COMM PAPER 1.588% 04/17/03 08/15/03 $283,598.46
$903,000 GENERAL ELECTRIC COMM PAPER 1.207% 06/02/03 08/12/03 $900,889.77
$1,387,310.85
DAIN RAUSCHER-HONEYWELL
$100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15/99 03/08/29 $10,105.00
$100,000 LASELLEBANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64
$100,000 LASELLE BANK-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.375% 01/08/03 01/22/23 $28,480.61
$100,000 LASELLE BANK-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$320,000 GENERAL MOTORS COMMECIAL PAPER 1.598% 04/17/03 08/15/03 $318,416.38
$288,000 GENERAL MOTORS COMMECIAL PAPER 1.110% 05/20/03 08/15/03 $267,245.18
$ 40,000 FED HOME LOAN MORTGAGE CORP-6.515% 6.515% 11/27/02 07/11/14 $41,050.00
$827,715.06
DEAN WITTER
$680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06/15/01 04/05/19 $97,722.56
$520,000.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00
$690,000.00 SEARS ROEBUCK COMM PAPER 1.150% 05/12/03 08/15/03 $687,906.04
$432,000.00 MAXIMILIAN CAPITAL-COMM PAPER 1.150% 06/11/03 08/15/03 $431,103.00
$200,000.00 FEDERAL HOME LOAN BANK 6.00% 11/14/01 11/14/16 $200,000.00
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28/01 12/15/16 $200,000.00
$100,000.00 FHLMC MED TERM NOTE 6.25% 07/31/02 07/31/17 $100,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27102 10/25/16 $200,000.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22/27 $100,250.00
$2,216,458.60
Time7/23/2003 MONTHLY INVESTMENT REPORT JUNE 20031NVESTI
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/0 7.24% 04 120/93 03125123 $17,800.76
$100,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 08105/02 08/05116 $100,000.00
$250,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 08128/02 08/28117 $250,000.00
$1,000,000-GE CAPITAL COMMERCIAL PAPER 1.163% 05112/03 08/15/03 $997.430.50
$1,365,231.26
TOTAL BOOK VALUE $8,037,353.69
-----------------
-----------------
Time7/23/2003 MONTHLY INVESTMENT REPORT JUNE 20031NVESTI
June -2003 City of St.Anthony
Profit&Loss Statement from Operations
Actual Actual
Year to Date Year to Date Increase
SAV I SAV II STONEHOUSE 06/30/03 06/30/02 (Decrease)
Sales $170,088.00 $193,775.00 . $0.00 $2,374,972.00 $2,382,245.00 ($7,273.00)
Less:Cost of Goods Sold $132,678.00 $153,526.00 $0.00 $1,725,107.00 $1,690,816.00 $34,291.00
Gross Profit $37,410.00 $40,249.00 $0.00 $649,865.00 $691,429.00 ($41,564.00)
Ratio to Net Sales 21.99% 20.77% #DIV/0! 27.36% 29.02%
Operating Expense:
Salaries,Wages, Benefits $15,401.00 $16,170.00 $3,110.00 $294,880.00 $332,849.00 ($37,969.00)
All Other Expenses $9,849.00 $11,714.00 $3,666.00 $238,312.00 $235,933.00 $2,379.00
Total Operating Expense $25,250.00 $27,884.00 $6,776.00 $533,192.00 $568,782.00 ($35,590.00)
Ratio to Net Sales 14.85% 14.39% #DIV/0! 22.45% 23.88%
Profit from Operations $12,160.00 $12,365.00 ($6,776.00) $116,673.00 $122,647.00 ($5,974.00)
Other Income $456.00 $310.00 ($16.00) $20,507.00 $28,981.00 ($8,474.00)
Net Income $12,616.00 $12,675.00 ($6,792.00) $137,180.00 $151,628.00 ($14 448.00)
Ratio to Net Sales 7.42% 6.54% #DIV/0! 5.78% 6.36%
June-Net Income $18,499.00
Y-T-D
SAV I SAV II STONEHOUSE ALL STORES
YEAR TO DATE 06/30/03 $58,267.00 $44,268.00 $34,645.00 $137,180.00
YEAR TO DATE 06/30/02 $55,892.00 $56,489.00 $39,247.00 $151,628.00 Audited
INCREASE/DECREASE $2,375.00 ($12,221.00) ($4,602.00) ($14,448.00)
*Stonehouse On-Sale Closed 5/30/03
May -2003 City of St.Anthony
Reconciliation to Inventory Valuation Report
SAV I SAV II
Beginning Inventory: $207,384.14 Beginning Inventory: $240,430.74
Plus or Minus: Plus or Minus:
Transfers: SAV 1 ($1,190.12) Transfers $1,190.12
Stonehouse $299.00 Adjustments ($90.50) ****
Adjustments $275.86 Returns to Vendors ($937.38)
Returns to Vendors ($1,235.72)
Add: Receiving $170,146.92
Add: Receiving $141,379.21
Less: Cost of Goods Sold ($153,435.39)
Less: Cost of Goods Sold ($132,953.86)
TOTAL $257,304.51
TOTAL $213,958.51
Total per Valuation Report $257,483.66 ***
Total per Valuation Report $213,808.35 ***
Difference $179.15
Difference ($150.16)
Beginning July 2003 Inventory $213,808.35 Beginning July 2003 Inventory $257,483.66
***Comes from Valuation Report ***Comes from Valuation.Report
*,'**Complete Physical Inventorty tak
2002 Actual Profits (Audited) 2003 Y-T-D Profits
Actual Y-T-D
SAV I SAV II Stonehouse SAV I SAV II Stonehouse Profits Comparison
January $5,583.00 $2,817.00 $3,554.00 $11,954.00 January $6,588.00 $3,381.00 $2,657.00 $12,626.00 $672.00
February $6,023.00 $6,005.00 $9,656.00 $33,638.00 February $4,782.00 $4,181.00 $8,714.00 $30,303.00 ($3,335.00)
March $10,455.00 $10,709.00 $7,145.00 $61,947.00 March $10,491.00 $7,536.00 $10,935.00 $59,265.00 ($2,682.00)
April $7,341.00 $6,511.00 $10,932.00 $86,731.00 April $10,095.00 $5,921.00 $10,938.00 $86,21,9.00 ($512.00)
May $10,901.00 $14,402.00 $6,374.00 $118,408.00 May $13,695.00 $10,574.00 $8,193.00 $118,681.00 $273.00
June $15,589.00 $16,045.00 $1,586.00 $151,628.00 June $12,616.00 $12,675.00 ($6,792.00) $137,180.00 ($14,448.00)
July $8,989.00 $9,839.00 ($7,247.00) $163,209.00 July $0.00 $0.00 $0.00 $137,180.00
August $18,973.00 $11,447.00 $2,001.00 $195,630.00 August $0.00 $0.00 $0.00 $137,180.00
September $6,675.00 $6,725.00 $4,695.00 $213,725.00 September $0.00 $0.00 $0.00 $137,180.00
October $4,618.00 $6,750.00 $402.00 $225,495.00 October $0.00 $0.00 $0.00 $137,180.00
November $13,789.00 $14,888.00 $4,294.00 $258,466.00 November $0.00 $0.00 $0.00 $137,180.00
December $8,179.00 26 775.00 $8,684.0 0 $302,104.00 December $0.00 $0.00 $0.00 $137,180.00
Total $117,115.00 $132,913.00 $52,076.00 $302,104.00 Total $58,267.00 $44,268.00 $34,645.00 $137,180.00
Increase/(Decrease) $2,375.00 ($12,221.00) ($4,602.00) ($14,448.00)
Y-T-D By Store
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
August 12, 2003
Call to Order
Roll Call
I. Approval of August 12, 2003 H.R.A. Agenda.
I1. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember or citizen so requests, in which
event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approve July 22, 2003 H.R.A. Minutes. (pp. 1 - 2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy Business of the H.R.A.
A. HRA Resolution 03-015, re: Request Council to call hearing on TIF plan. Action
requested. (p. 4)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
®1
1 CITY OF ST. ANTHONY
2
3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
4
5 JULY 22, 2003
6
7 CALL TO ORDER.
8 Chair Hodson called the meeting to order at 9:25 p.m.
9
10 ROLL CALL.
11 Commissioners present: Chair Hodson; Commissioners Sparks, Thuesen,Horst, and Faust.
12 Commissioners absent: None.
13 Also present: Executive Director Michael Momson and City Attorney Jerome
14 Gilligan.
15
16 I. APPROVAL OF JULY 22, 2003, H.R.A. AGENDA.
17 Motion by Commissioner Thuesen to approve the July 22, 2003, Housing and Redevelopment
18 Authority Agenda as presented.
19
20 Motion carried unanimously.
21
22 II. CONSENT AGENDA.
23 Motion by Commissioner Faust to approve the Consent Agenda, which consisted of:
24
25 A. H.R.A. Meeting Minutes of June 24, 2003; and
26 B. Claims.
27
28 Motion carried unanimously.
29
30 III. GENERAL POLICY BUSINESS OF THE H.R.A.
31 None.
32
33 IV. STAFF REPORTS.
34 None.
35
36 V. H.R.A. COMMISSIONER COMMENTS.
37 Commissioner Faust asked about the graffiti on a barbershop on Silver Lake Road. -He noted the
38 graffiti was not within the City limits; however, he asked if anything could be done to assist the
39 City of New Brighton regarding this issue. Executive Director Mornson indicated he would talk
40 with New Brighton's mayor.
41
42 VI. INFORMATION AND ANNOUNCEMENTS.
43 None.
44
45 VII. ADJOURNMENT.
46 Motion by Commissioner Sparks to adjourn the meeting at 9:27 p.m.
47
48 Motion carried unanimously.
®2
Housing and Redevelopment Authority Meeting Minutes
July 22, 2003 `
Page 2
1 Respectfully submitted,
2 Marjorie R. Jenkins
3 TimeSaver Off Site Secretarial, Inc.
4
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
08/05/2003 11: Check Register GL540R-V06.55 PAGE 1
BANK VENDOR CHECK$ DATE AMOUNT
HRA1 HOUSING & REDEV CHECKING
008142 BRAUN INTERTEC CORPORATI 5246 08/13/03 1,600.00
000820 DORSEY & WHITNEY 5247 08/13/03 8,222.50
008403 HELLICKSON/RAYMOND A. 5248 08/13/03 10,277.55
008961 OERTEL ARCHITECTS 5249 08/13/03 75,566.07
008273 WSB & ASSOCIATES, INC. 5250 08/13/03 8,457.50
HOUSING & REDEV CHECKING 104,123.62 ***
w
®4
HOUSING AND REDEVELOPMENT AUTHORITY OF ST.ANTHONY
CITY OF ST.ANTHONY
HENNEPIN AND RAMSEY COUNTIES
STATE OF MINNESOTA
HRA RESOLUTION 03-015
RESOLUTION . REQUESTING THE CITY COUNCIL OF THE CITY OF ST.
ANTHONY CALL FOR A PUBLIC HEARING ON A PROPOSED MODIFICATION TO
THE REDEVELOPMENT PLAN FOR-REDEVELOPMENT PROJECT AREA NO. 3,
AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO. 3-5 (A REDEVELOPMENT DISTRICT) THEREIN, AND THE
PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR.
BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Housing and
Redevelopment Authority of St. Anthony, St. Anthony,Minnesota(the "HRA")as follows:
WHEREAS, the City Council (the "Council") of the City of St. Anthony, Minnesota (the "City")
established Redevelopment Project Area No. 3 pursuant to Minnesota Statutes, Sections 469.174 to
469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain
designated areas within the City; and
WHEREAS, the HRA is proposing a Modification to the Redevelopment Plan for Redevelopment
Project Area No. 3 and the establishment of Tax Increment Financing (TIF) District No 3-5, pursuant to,
and in accordance with, Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to
469.1799, inclusive, as amended;
NOW,THEREFORE BE IT RESOLVED by the Board as follows:
1. The HRA hereby requests that the Council call for a public hearing on September 23, 2003 to
consider the proposed adoption of a Modification to the Redevelopment Plan for Redevelopment
Project Area No. 3 and the proposed adoption of a TIF Plan for TIF District No. 3-5 (referred to
collectively herein as the "Plans") and cause notice of said public hearing to be given as required by
law.
2. The HRA directs the Executive Director to transmit copies of the Plans to the Planning Commission
of the City and'requests the Planning Commission's written opinion indicating whether the proposed
Plans are in accordance with the Comprehensive Plan of the City, prior to the date of the public
hearing.
3. The Executive Director of the HRA is hereby directed to submit a copy of the Plans to the Council
for its approval.
4. The HRA directs the Executive Director to transmit the Plans to the county and the school district(s)
in which TIF District No. 3-5 is located not later.than August 22, 2003.
5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Plans and
related documents and to undertake other actions necessary to bring the Plans before the Council.
Adopted this day of , 2003.
Chair
Executive Director