HomeMy WebLinkAboutCC PACKET 06082004 Meeting Sheet
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Folder: CC PACKETS 2001-2004
Document: CC PACKET 06082004
H.R.A. IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING
CITY OF ST. ANTHONY
Our Mission is to be progressive and livable community,
a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
June 8, 2004
7:00 PM
Council Chambers
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the following items:
I. Approval of the June 8, 2004,.City Council Meeting Agenda.
(Action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will.be enacted by one motion. There
will be no separate discussion of these items unless a Councilmember or
citizen so requests, in which event the item will be removed from the Consent
Agenda and placed elsewhere on the agenda.
1. Approve May 25, 2004, Regular Council Meeting minutes.
2. Licenses and Permits.
3. Claims.
IV. Public Hearings.
V. Reports from Commissions and Staff.
VI. General Policy Business of the Council.
1. Resolution 04-046 - Approving a policy on Tax Exempt Financing,
S. Kvilvang, Ehlers & Associates, presenting. (action requested)
(pp. 15-16)
2. Resolution 04-047 - Approving Fannie Mae Financing for Silver
Lake Village — S. Kvilvang, Ehlers & Associates, presenting.
(action requested) (pp.17-21)
3. Ordinance 2004-002; re: Charitable Gambling. 3rd Reading. (action
requested) (pp.22 29) -
4. Ordinance 2004-003; re: Peddlers, Solicitors, and Transient
Merchants. 2nd Reading. (action requested) (pp.30-37)
VII. Reports From City Manager and Councilmembers.
VIII. Community Forum.
Individuals may address the City Council about any item no included on the
regular agenda. Speakers are requested to come to the podium, sign their
name and address on the form at the podium, state their name and address
for the Clerk's record, and limit their remarks to five minutes. Generally, the
City Council will not take official action on items discussed at this time, but
may typically refer the matter to staff for a future report or direct the matter to
be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
1 CITY OF ST. ANTHONY 01
2
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 MAY 25, 2004
6
7 CALL TO ORDER.
8 Mayor Hodson called the meeting to order at 7:01 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 Stille, Thuesen and Faust.
15 Absent: Councilmember Horst.
16 Also Present: City Manager Mike Morrison.
17
18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF THE MAY 25, 2004, CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Faust, seconded by Councilmember Stille, to approve the City
23 Council Meeting Agenda of May 25, 2004.
24
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. CONSENT AGENDA.
31 A. Approve May 11, 2004, regular Council meeting minutes.
32 B. Consider licenses and permits.
33 C. Consider payment of claims.
34 D. Resolution 04-042; re: City's insurance renewal.
35 E. Resolution 04-043, re: 2004 Hennepin County Recycling Agreement.
36
37 Motion by Councilmember Faust, seconded by Councilmember Thuesen, to approve the Consent
38 Agenda.
39
40 Motion carried unanimously.
41
42 IV. PUBLIC HEARINGS.
43 None.
44
45 It was decided to move"Reports to Commissions"to item VI and "General Policy Business of
46 the Council"to Item V, as Planning Commission Vice Chair Todd Hanson had not yet arrived.
47 Councilmember Thuesen noted.he had also attended the Planning Commission meeting and
48 could give a report if needed.
49
City Council Regular Meeting Minutes o2
May 25, 2004
Page 2
1 V. GENERAL POLICY BUSINESS OF THE COUNCIL.
2 A. Ordinance 2004-002; re: Charitable g ambling (2nd reading)
3 City Manager Morrison noted he requested that City Attorney Gilligan prepare an amendment to
4 the City's charitable gambling ordinance based on the fact that the current ordinance allowed
5 charitable gambling to on-sale municipals only. He explained, with the closing of Stonehouse,
6 the City no longer owned an on-sale and, with Spectators located in the old Stonehouse location,
7 he felt it was important to get the ordinance changed prior to the opening of the restaurant. He
8 added he passed on the ordinance to some of the Sports Boosters with whom he had been
9 working regarding the charitable gambling license for Spectators.
10
11 Mr. Mornson cited a May 19, 2004, memo from Mr. Gilligan to the City that addressed questions
12 and concerns Council had introduced at the first reading on May 11, 2004. He discussed the
13 following information, which resulted from research conducted by Mr. Gilligan:
14
15 Under Minnesota Statutes, Section 349.213, the City had authority to adopt more stringent
16 regulation of lawful gambling than provided by Minnesota law, including the prohibition of
17 lawful gambling. The City could not require that an organization licensed by the Minnesota
18 Gambling Control Board obtain a license or permit from the City as a condition for it to conduct
19 charitable gambling in the City; however,before issuing a permit premises allowing lawful
20 gambling at a location in the City, Minnesota law required that the Board notify the City Council
21 and the City Council must approve the issuance of the premises permit by resolution.
22
23 The Minnesota Attorney General opined that under this authority the City could regulate the
24 following with respect to lawful gambling in its jurisdiction:
25 ■ Determine what kind of lawful gambling could take place.
26 ■ Specify hours of operation.
27 ■ Specify where it could and could not occur.
28 ■ Limit the number of sites where it would be allowed.
29 ■ Prohibit lawful gambling altogether.
30
31 While Minnesota law required the approval of the City Council before the Gambling Control
32 Board could issue a premises permit for a licensed organization to conduct gambling in the City,
33 the statute did not offer any guidance with respect to reasons the City Council might disapprove
34 an organization's application. If it wished to do so, the City Council could develop criteria on
35 which to base its decision; however, this criteria should probably not limit approval to only
36 locally based organizations, as the Minnesota Attorney General had opined that a city limiting
37 approval of lawful gambling to only locally based organizations might be a possible violation of
38 the equal protection clause of the Minnesota and United States Constitution.
39
40 While the City might not be able to adopt an ordinance that would limit charitable gambling in
41 the City to only locally based organizations, Mr. Gilligan believed the City could include in its
42 ordinance on charitable gambling a provision that provided that charitable gambling was limited
43 to only one location in the City and that permitted only one licensed organization to conduct
44 charitable gambling at that location. By doing so,the City might be able to effectively retain
45 control regarding which licensed organizations conducted charitable gambling in the City. If, in
City Council Regular Meeting Minutes
May 25, 2004 03
Page 3
1 the future, the Council wished to expand the number of locations where charitable gambling
2 might be conducted, it could then amend the ordinance.
3
4 As Mr. Gilligan previously advised Council, the City might, by ordinance, require a licensed
5 organization conducting lawful gambling in the City to expend within the City's trade area all or
6 a portion of its expenditure for lawful purposes of its gross profits. The ordinance must define
7 the City's trade area and specify the percentage of lawful purposes expenditure to be expended
8 within the trade area. The City's trade area must include, at a minimum, each city contiguous to
9 St. Anthony Village. Should Council wish to require an organization to make all or a portion of
10 its expenditures within the City's trade area, Mr. Gilligan provided proposed new Section 535.03
11 of the City Code, which could be included in Ordinance 2004-002. The proposed new section
12 read as follows:
13
14 "Section 535.03. Expenditure by Licensed Organization Conducting Lawful Gambling. Each
15 licensed organization conducting lawful gambling within the City must expend percent of its
16 lawful purpose expenditures on lawful purposes conducted or located within the trade area of the
17 City. The trade area of the City for this purpose shall include the City and all cities contiguous to
18 the City. This section applies only to lawful purpose expenditures of gross profits derived from
19 lawful gambling conducted on a premises within the City. At the end of each licensed
20 organization's fiscal year, each organization must file with the City a report prepared by an
21 independent certified public accountant documenting compliance with the requirements of this
22 section."
23
24 Mr. Momson stated he recommended Council approve the charitable gambling ordinance.
25
26 Motion by Councilmember Faust, seconded by Councilmember Thuesen, to adopt Ordinance
27 2004-002 (2 d reading)relating to lawful gambling; amending Section 500 of the St. Anthony
28 City Code.
29
30 Discussion:
31
32 Councilmember Stille asked if the ordinance should be given"more teeth"regarding the trade
33 area and expenditure language. He indicated the law stated the trade area had to include
34 contiguous cities, at a minimum, which would give the ordinance as much structure as possible
35 under the law. He asked if the alternative language suggested by Mr. Gilligan should be
36 included in the third reading.
37
38 Mr. Momson asked if Councilmember Stille meant adding a specific percentage to the
39 ordinance. Councilmember Stille replied he did.
40
41 Mr. Morrison explained Council could do that; however, he did not want to "cut off the hands"of
42 the current organizations, as he was not sure if they funded areas outside of the trade area. He
43 noted joint cooperative efforts had been in effect with Spring Lake Park schools for wrestling,
44 along with other activities. He added he was not sure if a specific percentage should be
45 considered at this time.
46
City Council Regular Meeting Minutes
May 25, 2004 04
Page 4
1 Councilmember Stille indicated he was concerned about other organizations trying to use
2 loopholes to come into the City and possibly undermining the operation.
3
4 Mr. Mornson suggested Council could limit the number of sites to one, along with dictating the
5 location of the site, which would give the City total control.
6
7 Councilmember Thuesen noted Spring Lake Park was not part of the trade area;therefore,he
8 would have concerns regarding the current shared supports with the City of Springlake Park if
9 the trade area language was tightened. He indicated there might be opportunities for St. Anthony
10 Village residents who participated in sports outside of the City's boundaries to benefit from some
11 of those monies. Discussion followed.
12
13 Mayor Hodson stated he was not in favor of modifying the current language, as the ability to
14 make modifications to the ordinance would be available in the future.
15
16 Councilmember Faust stated he was inclined to support limiting the number of sites to one and
17 that site would be the old Stonehouse location, as it was known that Spectators would be the
18 tenant. He added Council could always reverse its decision.
19
20 Councilmember Thuesen indicated he agreed with Councilmember Faust, as limiting the number
21 of sites to one would give the City more control.
22
23 Councilmember Faust suggested Section 3 be added to the ordinance, stating the number of sites
24 be limited to one, which would be,the proposed Spectators Sports Bar. He noted the amended
25 ordinance could be adopted during the third reading at the next meeting. Council agreed.
26
27 Motion carried unanimously.
28
29 B. Ordinance 2004-003: re: Peddlers solicitors and transient merchants (1St reading)
30 City Manager Mornson noted Police Captain Ohl indicated the City was completing
31 computerized criminal checks on peddlers, solicitors and transient merchants without the proper
32 language in the City ordinance. He stated highlighted changes were provided for Council
33 review, adding the Police Department had reviewed the changes and was recommending an
34 amendment to the ordinance. He explained the City would then have the authority to conduct the
35 needed criminal checks, as currently the Bureau of Criminal Apprehension was refusing to do
36 them.
37
38 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to adopt Ordinance
39 2004-003 (1St reading) relating to peddlers, solicitors and transient merchants; amending Section
40 1130 of the St. Anthony City Code.
41
42 Motion carried unanimously.
43
44 C. Resolution 04-044; re: 2004 police contract.
45 City Manager Mornson noted the City had reached an agreement with the Police Union. He
46 provided the following overview of the crucial points:
City Council Regular Meeting Minutes O�
May 25, 2004
Page 5
1 N The duration of the contract was one year, which would expire December 31, 2004. He
2 explained this was a change from previous years, as well as from the other two
3 bargaining units.
4 ■ The police officers would have a 3% increase starting July 1, 2004, which equaled a 1.5%
5 increase. He indicated this was the increase for which the other two unions settled.
6 ■ The City's portion of health insurance would increase $30 for family coverage. He stated
7 this would be retroactive to January 1, 2004, and added this was the same as the
8 settlement with the other two unions.
9 Personal leave would be capped at 1,200 hours for new hires, effective January 1, 2004,
10 which was the same as the other two unions.
11
12 Mr. Mornson stated the Union approved the contract on May 14, 2004. He provided a copy of
13 the Agreement for Council review.
14
15 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Resolution 04-
16 044 ratifying the 2004 Agreement between the Law Enforcement Labor Services, Inc.,
17 representing the St. Anthony Police Department licensed employees, and the City of St.
18 Anthony.
19
20 Discussion:
21
22 Councilmember Faust stated he was at a meeting the previous week and received a compliment
23 from a Lauderdale Councilmember regarding the City's Police Department. He stated it was
24 said the City of Lauderdale thought of the Police Department as its department and was very
25 pleased with the services it received. He added the Police Department was an ambassador of the
26 City.
27
28 Mayor Hodson thanked Mr. Mornson for his work with the contracts. He added there was a need
29 for creative solutions regarding the continual'increase in healthcare costs.
30
31 Motion carried unanimously.
32
33 D. Introduction of Deb Wilkinson, Councilmember from Zumbrota
34 It was noted that Zumbrota Councilmember Wilkinson and Councilmember Faust were taking
35 part in the League of Minnesota Cities' "Walking a Mile"program. It was explained that
36 League President and Moorhead Mayor Mark Voxland, dismayed by city-on-city attacks, began
37 thinking about ways to build connections, understanding and unity among cities. It was stated
38 the program was created to promote greater awareness, relationships and understanding among
39 differing cities.
40
41 Councilmember Wilkinson indicated that Zumbrota(population of 3,000) was located in
42 Goodhue County, which was approximately one hour south of the Capitol. She thanked
43 Councilmember Faust and City Manager Mornson for the time they had spent with her. She
44 indicated it was fascinating and rejuvenating to discover what was happening in other
45 communities. She congratulated St. Anthony Village on its "enormous redevelopment."
46
City Council Regular Meeting Minutes
May 25, 2004 ®�
Page 6
1 Councilmember Wilkinson noted.there were many similarities in the operation of the two cities;
2 however, there were also many differences. She added the City of Zumbrota focused much,of its
3 time on the development of farmland.
4
5 Councilmember Faust explained this program was an attempt to have cities that appear to be
6 dissimilar gain understanding of their many similarities. He noted citizens tend to "live in"their
7 own communities and do not understand that someone living in another city is in the"same
8 kettle of fish." He indicated the two cities had many similar issues; however, the City of
9 Zumbrota had different challenges.
10
11 Councilmember Faust stated he was grateful Councilmember Wilkinson had been able to spend
12 the day in St. Anthony Village and he added he would go to Zumbrota on June 3. He indicated
13 he felt this program would strengthen the State and commented that"we all serve the same
14 constituents;"therefore, it was important the cities worked together.
15
16 VI. REPORTS FROM COMMISSIONS.
17 A. Planning Commission—May 18 2004.
18 1. Variance 04-045, re: Lovelette, for 3201 –32nd Avenue, square footage variance,
19 lot width variance and floor area ratio variance.
20
21 Planning Commission Vice Chair Hanson noted a public hearing was held before the Planning
22 Commission on May 18, 2004, regarding three variances requested by John and Joan Lovelette
23 for the construction of a new home at 3201 –32nd Avenue NE. Council was asked to review the
24 requests.
25
26 Vice Chair Hanson explained the following three variances were requested:
27 1. A square footage variance, as the property was only 8,750 square feet and the City's
28 ordinance required a lot size of 9,000 square feet.
29 2. The current ordinance required a minimum lot width'of 75 feet and this particular
30 property was 50 feet in width.
31 3. A floor area ratio (FAR) variance, as the floor area maximum was 30 percent of the lot
32 or, in this case, 2,625 square feet. The proposed FAR was 2,724 square feet; therefore,
33 the amount of the variance was 99 square feet.
34
35 Vice Chair Hanson indicated, following the public hearing held on May 18, the Planning
36 Commission recommended Council approve said requests, as the following requirements for
37 these variances were met by this request:
38 1. The property could not be put to reasonable use without this variance. The existing house
39 was below standards of the existing ordinance. The proposed home fit into the
40 neighborhood and was not obtrusive.
41 2. Condition predated the owner and the owner did not create the size of the lot. This
42 created a hardship and the property could not be put to use without the variance.
43 3. This was needed to allow the building of the home, as the extra-narrow lot posed ordinary
44 circumstances and was only applicable to this property.
45
City Council Regular Meeting Minutes
May 25, 2004 07
Page 7
1 Vice Chair Hanson stated a few neighbors did attend the public hearing and the only concern was
2 a potential runoff issue. He noted Mr. Lovelette was aware of the possible problem and had
3 solved it.
4
5 Mr. Lovelette presented the blueprints of the proposed house, which showed the front elevation,
6 rear elevation and floor plan, along with the Certificate of Survey. He discussed the placement
7 of the house on the lot and also addressed the drainage issue, indicating he did not intend to
8 impede or change anything that would exaggerate the problem. He added he did not want his
9 new home to affect the neighborhood in a negative manner.
10
11 Motion by Councilmember Stille, seconded by Councilmember Faust, to adopt Resolution 04-
12 045 approving the square footage variance, the minimum lot width variance and the floor area
13 ratio as requested by John Lovelette for the property addressed as 3201 —32nd Avenue NE, as
14 recommended by the Planning Commission.
15
16 Discussion:
17
18 Councilmember Stille indicated he thought the Planning Commission did an excellent job
19 regarding the public hearing and variance requests. He stated 50-foot lots were becoming
20 commonplace and asked if the Planning Commission should visit this issue. He thanked Mr.
21 Lovelette for planning a home that would compliment the neighborhood, noting that the current
22 house on the property did not meet the standards cited in the City's ordinance.
23
24 Councilmember Thuesen stated he attended the Planning Commission meeting and was
25 impressed with how the Planning Commission handled and studied this issue. He noted the
26 applicant had worked with the lot and addressed the concerns of the neighbors. He added he
27 believed this home would be a positive addition to the neighborhood.
28
29 Motion carried unanimously.
30
31 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
32 City Manager Morrison reported each year the City applied for federal money to purchase
33 bulletproof vests and notice had just been received that a grant for$5,250 was received for the
34 purchase of the vests.
35
36 Mr. Morrison cited the following quarterly report regarding the goals for 2004:
37 1. Implementation of Silver Lake redevelopment. He noted the project was on schedule
38 with a target completion date of October 2007.
39 a. The final PUD for the housing portion and preliminary and final plat for the for-
40 sale housing portion were scheduled for discussion at the June 15, 2004, Planning
41 Commission meeting and the June 22, 2004, Council meeting.
42 b. A policy would be presented at the June 8 or June 22 Council meeting that would
43 allow the City to charge up to I% if a multi-family developer asked the City to
44 issue tax exempt financing, which Dominion was going to do. He noted
45 authorization of the issuance of the bonds would be addressed at the June 22
46 Council meeting, adding the bonds were backed by the full faith and credit of the
City Council Regular Meeting Minutes
May 25, 2004 08
Page 8
I developer and not by the City. He indicated the I%proceeds could go into the
2 general fund.
3 C. The developer had Purchase Agreements for,the three commercial properties
4 behind Apache Plaza. He explained the.City would apply for Fannie Mae funds,
5 which would help purchase the properties and assist in the relocation of tenants.
6 He indicated Fannie Mae would be repaid either by the developer's fees or with
7 future tax increment, which the City anticipated receiving when the project was
8 completed.
9 2. Improve City's communication plan.
10 a. The new sign behind the Council bench was placed for identification purposes.
11 He indicated the sign was requested by residents, as the City's Council meetings
12 were seen in other cities.
13 b. There was improved signage at one of the City's parks and new signage was
14 being considered for the entrance by 37th and County Road E.
15 C. The Planning Commission was reviewing electronic signage somewhere between
16 the tennis courts and the new fire station. He indicated this item would be before
17 the Planning Commission in June and a public hearing would probably be held in
18 July, as it involved a conditional use permit.
19 d. The entire goal booklet was physically presented to and reviewed with the
20 Planning Commission, the Park Commission and the School Board in March and
21 April meetings.
22 3. Prepare policy to guide decisions regarding installation and funding of lighting, sidewalks
23 and e-fiber during construction of streets.
24 a. An e-fiber analysis for 39`h Avenue was currently being done with WSB.
25 b. Staff was currently working on policy regarding sidewalks and streets, which
26 needed to be upgraded.
27 4. Explore Community Emergency Response Team.
28 a. A grant was prepared and $8,000 was received to help start the program.
29 b. Target date was December 2005. He explained the new Fire Chief needed time to
30 become acquainted with his job and the Fire Department needed to settle into the
31 new fire station; therefore, the program was being put on hold for six months.
32 C. Staff would come before Council with a report regarding how the program would
33 work. He indicated the City could benefit from the experiences of other cities and
34 this program would help with various responses to incidents around the City.
35 d. "Kick-off'tentatively in January or February.
36 5* Complete public facilities implementation consisting of the fire station, public works
37 building and the two liquor stores.
38 a. Open houses for public works building and liquor store were planned for June 24,
39 2004.
40 b. Because of weather difficulties, the liquor store would not be opening on June 1;
41 however, it would be ready for the June 24 open house. The same was true for
42 the public works site.
43 C. Due to complications caused by many easements,the City would probably sign a
44 lease with Amcon for$1 per month for the liquor store until it received the
45 recorded plat. He reviewed the numbers relating to City costs and developer
46 responsibilities, noting the liquor store should open approximately June 10.
City Council Regular Meeting Minutes
May 25, 2004 09
Page 9
1 d. Opening of the fire station should take place approximately November 1, as work
2 was a few days behind schedule. He added the dedication and fire prevention.
3 awareness would probably be scheduled for the same date.
4
5 Councilmember Stille reported he had recently attended a Kiwanis meeting and was surrounded
6 by City staff. He stated he was impressed to see the community involvement of the City's staff.
7
8 Councilmember Thuesen stated he wished to acknowledge the grant for the bulletproof vests;
9 which was a tremendous achievement during a time of tight funds. He added the pursuit of
10 grants would help the City accomplish what it needed to do.
11
12 Councilmember Thuesen reported he attended the previous week's Planning Commission
13 meeting where a resident involved with an affordable housing group came forward. He indicated
14 he came away,from the meeting resolved to be diligent regarding the City's communications
15 with the public as the project became more finalized, which would help residents better evaluate
16 what was taking place.
17
18 Mayor Hodson thanked Councilmember Faust for the time spent investigating affordable
19 housing opportunities, adding staff was also committed to this issue. He indicated affordable
20 housing was not part of the project in the beginning; however, he believed the affordable housing
21 component was currently approximately 20%. He expressed gratitude for the teamwork shown.
22
23 Councilmember Thuesen noted the affordable housing units involved the same workmanship and-
24 materials as the regular units. He added there was no difference between the affordable housing
25 units and the regular units. Mayor Hodson agreed.
26
27 Councilmember Faust reported he attended a Chamber luncheon the previous week, which was
28 significant because the guest speaker was Jeff Peterson, a fourth grade teacher at Wilshire
29 Elementary. He explained Mr. Peterson was the sixth person to be selected as a teacher to be
30 involved with the Iditarod dog race in Alaska, from which he reported to schools via the internet.
31 He indicated Mr. Peterson was one of the City's local heroes who did not get appropriate
32 recognition and added he also wished to thank the school district and principal at Wilshire
33 Elementary for allowing Mr. Peterson to participate in this event, as he felt it was a benefit to the
34 City's schools and students. He stated he did not know the website that would contain
35 information regarding Mr. Peterson's participation; however, he suggested further information
36 could be obtained by searching "Iditarod." He added the Hennepin County Library Director was
37 going to ask Mr. Peterson to give a presentation.
38
39 Councilmember Faust stated he attended a Mississippi Water Management Board of
40 Commissioners meeting on May 20, noting that was where he received the complimentary
41 comments from the City of Lauderdale regarding the Police Department. He explained the
42 Board was involved with monitoring the health of the Mississippi River. He noted discussions
43 regarding public education related to this topic were held with WSB, as materials put on the
44 streets eventually found their way into the waterways. He added he thought grants would be
45 given toward this problem.
46
City Council Regular Meeting Minutes 10
May 25, 2004
Page 10
1 Councilmember Faust noted Council had approved a Recycling Agreement with Hennepin
2 County under the Consent Agenda. He stated statistics indicated 1,929 households had curbside
3 recycling available; however, an average of only 54% were participating. He explained free-.
4 containers could be acquired at City Hall, adding further information could be obtained at (612)
5 789-8881.
6
7 Mayor Hodson reported he had participated in an excellent meeting at the Center for
8 Transportation Studies regarding future driver behaviors as baby boomers began to age. He
9 indicated some of the discussions related to signage and intelligent transportation devices that
10 could be incorporated into the roadways of cities. He added conversation also took place.
11 regarding ways to relieve traffic congestion, identifying sidewalks and road shoulders that
12 allowed bicycle traffic as one suggestion.
13
14 VIII. COMMUNITY FORUM.
15 No one came forward to address Council.
16
17 IX. INFORMATION AND ANNOUNCEMENTS.
18 None.
19
20 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
21 None.
22
23 XI. . ADJOURNMENT.
24 Mayor Hodson adjourned the meeting at 7:59 p.m.
25
26
27 Respectfully submitted,
28
29
30 Marjorie R. Jenkins
31 Timesaver Off Site Secretarial, Inc.
32
33 '
34 Mayor
35 ATTEST:
36, City Clerk
11
Saint Anthony Village
DATE: June 8, 2004 Approved:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
United Operations Inc., Plymouth, MN
Multi-Dwelling License:
Walker on Kenzie, 2626 Kenzie Terrace
Lakehill Apartments, 3804 Highcrest Road
Equinox apartments, 2808 Silver Lane NE
Apache Manor, 3817 Macalaster Drive
Diamond 8 Terrace Apartments, 3200 Diamond 8 Terrace
Heating Contractors License:
Albers Mechanical Contractors, Inc., St. Paul, MN
Fore Mechanical, Blaine, MN
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/02/2004 07: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
001360 A & C SMALL ENGINE 22652 06/09/04 28.50
008621 ALLIANCE MECHANICAL 22653 06/09/04 290.00
008945 ANCOM COMMUNICATIONS 22654 06/09/04 69.82
008511 AT&T WIRELESS 22655 06/09/04 9.90
009060 BLAINE LOCK & SAFE INC. 22656 06/09/04 341.52
.00001 BLUEMELS TREE SERVICE 22657 06/09/04 3,727.50
007253 BRAKE & EQUIPMENT WAREHO 22658 06/09/04 159.56
008652 CARTRIDGE CARE 22659 06/09/04 359.66
007386 CASTLE INSPECTION SERVIC 22660 06/09/04 10,629.59
000610 CATCO 22661 06/09/04 6.87
000655 CLAREY'S SAFETY EQUIPMEN 22662 06/09/04 530.16 -
008736 CREATIVE FORMS & CONCEPT 22663 06/09/04 2,263.28
007382 CROWN FENCE & WIRE COMPA 22664 06/09/04 411.89
008834 DEMPSEY'S STUMP SERVICE 22665 06/09/04 60.00
000807 DIAMOND VOGEL PAINTS 22666 06/09/04 441.08
000820 DORSEY & WHITNEY 22667 06/09/04 3,519.38
008362 EMBEDDED SYSTEMS, INC. 22668 06/09/04 396.00
008840 ENTRUST IT 22669 06/09/04 720.00
.00005 EVANS/KURT 22670 06/09/04 3.25
008251 FAUST/JERRY 22671 06/09/04 210.25
008461 FORKLIFTS OF MINNESOTA, 22672 06/09/04 420.68
008647 FRATTALLONE'S HARDWARE 22673 06/09/04 88.17
001030 G & K SERVICES INC 22674 06/09/04 465.81
008120 GENERAL OFFICE PRODUCTS 22675 06/09/04 337.61
.00001 GETTER/HARRIET 22676 06/09/04 30.59
.00006 GIESLER/LINDA & DENNIS 22677 06/09/04 3.58
001165 GOODALL RUBBER CO 22678 06/09/04 170.10
001250 GRAINGER INC/W W 22679 06/09/04 481.80
008530 GREENMAN TECHNOLOGIES OF 22680 06/09/04 148.00
001410 HARMON AUTOGLASS 22681 06/09/04 30.00
008252 HOME DEPOT-GECF 22682 06/09/04 525.01
001545 HOOVER WHEEL ALIGNMENT 22683 06/09/04 44.95
008891 INTER-TEL TECHNOLOGIES 22684 06/09/04 2,918.90 _
007352 KATH FUEL OIL SERVICE 22685 06/09/04 427.07 -
009073 MARCO 22686 06/09/04 2,942.50
008263 MCLEOD USA, INC. 22687 06/09/04 1,731.84
008245 METRO FIRE 22688 06/09/04 77.72
009046 METRO SYSTEMS - 22689 06/09/04 857.96
007835 METROCALL 22690 06/09/04 197.04
002240 METROPOLITAN COUNCIL 22691 06/09/04 28,251.67
005010 MINN CONWAY FIRE & SAFET 22692 06/09/04 342.42
008405 MINNESOTA CHAPTER IAAI 22693 06/09/04 25.00 -
007131 MINNESOTA DEPT OF HEALTH 22694 06/09/04 2,976.00
008269 MINNESOTA SHREDDING LLC 22695 06/09/04 18.00
.00007 OSWALD/PHIL 22696 06/09/04 1.31
008594 PETER13ILT NORTH 22697 06/09/04 45.62
008805 PETTY CASH - BREMER BANK 22698 06/09/04 134.17
.00010 PGI-HRT 22699 06/09/04 1,320.48
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/02/2004 07: Check Register GL540R-V06.60 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
007057 - PRAXAIR 22700 06/09/04 24.25
.00002 REDWOOD SIGNS 22701 06/09/04 1,166.18
008062 RETAIL SERVICES 22702 06/09/04 23.41
.00008 SLETTEHAUGH/SHARON 22703 06/09/04 14.42
005238 SPECIALTY RADIO SERVICE 22704 06/09/04 2,802.52
009074 SPEEDWAY SUPERAMERICA LL 22705 06/09/04 532.55
003460 SPRING LAKE PARK LUMBER 22706 06/09/04 40.47
005273 TESSMAN SEED INC. 22707 06/09/04 315.50 -
007337 TIMESAVER OFF SITE SBCRE 22708 06%09/04 531.05
00.8907 TOUSLEY FORD 22709 06/09/04 69.36
003560 TRACY PRINTING 22710 06/09/04 243.18
008859 U.S. BANK 22711 06/09/04 250.00
008336 UNITED ELECTRIC COMPANY 22712 06/09/04 12.36
008561 UNITED RENTALS COMPANY 22713 06/09/04 40.94
008270 UNITED STATES POSTAL SER 22714 06/09/04 650.00
008858 VEIT 4 COMPANY 22715 06/09/04 - 4,215.00
008227 VERIZON WIRELESS, BELLEV 22716 06/09/04 290.06
003700 VIKING INDUSTRIAL CENTER 22717 06/09/04 79.85
.00003 VISUAL COMMUNICATIONS 22718 06/09/04 50.00
.00004 WALGREENS #6735 22719 06/09/04 19,839.38
004494 WASTE MANAGEMENT - BLAIN 22720 06/09/04 283.56
009075 WESTSIDE EQUIPMENT 22721 06/09/04 702.79
009047 WHITE BEAR ELECTRIC 22722 06/09/04 860.00
BREMER BANK NA 102,229.04 *+*
I
a
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/02/2004 08: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
009058 AMERICAN BOTTLING COMPAN 23345 06/09/04 51.20 '
008794 ARCTIC GLACIER INC. 23346 06/09/04 505.08
008511 AT&T WIRELESS 23347 06/09/04 36.16
004293 BELLBOY CORP. 23348 06/09/04 6,563.76
008652 CARTRIDGE CARE 23349 06/09/04 319.93
004080 CHISAGO LAKES DIST. CO., 23350 06/09/04 2,640.45
004095 COCA COLA BOTTLING 23351 06/09/04 832.45
004120 EAGLE WINE CO 23352 06/09/04 891.67
004125 EAST SIDE BEVERAGE CO 23353 06/09/04 18,978.85
004135 ELECTRO WATCHMAN INC 23354 06/09/04 124.61
008697 EXTREME BEVERAGE 23355 06/09/04 600.00
004172 GRAPE BEGINNINGS, INC. 23356 06/09/04 553.00
004175 GRIGGS COOPER & CO INC 23357 06/09/04 4,145.19
004207 HOHENSTEIN'S, INC 23358 06/09/04 315.05
004220 JOHNSON BROTHERS LIQUOR 23359 06/09/04 15,706.30
004230 KUETHER DISTRIBUTING CO 23360 06/09/04 19,185.95
004265 MARK VII SALES INC 23361 06/09/04 14,167.78
008263 MCLEOD USA, INC. 23362 06/09/04 248.86
004354 PAUSTIS 6 SONS 23363 06/09/04 315.99
004360 PHILLIPS WINE 4 SPIRITS 2336406/09/04 7,942.87
004361 PINNACLE DIST. 23365 06/09/04 1,479.32
004376 PRIOR WINE CO 23366 06/09/04 2,589.45
004385 QUALITY WINE CO 23367 06/09/04 4,642.46
008983 SOULO DESIGN, INC 23368 06/09/04 227.50
008859 U.S. BANK 23369 06/09/04 17,718.75
008316 WINE COMPANY/THE 23370 06/09/04 162.70 _
008310 WINE MERCHANTS INC 23371 06/09/04 321.02
004499 WORLD CLASS WINES, INC. 23372 06/09/04 72.00
003840 ZEP MFG COMPANY 23373 06/09/04 45.45
LIQUOR CHECKING ACCOUNT 121,383.80 ***
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/02/2004 08: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT -
004086 CITY OF ST. ANTHONY 23374 06/09/04 300.00
008263 MCLEOD USA, INC. 23375 06/09/04 65.28
008787 PROMOTIONAL PAGES, INC. 23376 06/09/04 215.00 -
008888 VALPAK OF MINNEAPOLIS-ST 23377 06/09/04 1,500.00
009076 XCELERATED COMPUTER SOLU 23378 06/09/04 2,616.00
LIQUOR CHECKING ACCOUNT 4,696.28 ***
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/02/2004 07: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
004229 LARSON/MICHAEL 23302 05/31/04 349.32
LIQUOR CHECKING ACCOUNT 349.32 *** '
15
E HLE R
& ASSOCIATES INC
® To: St.Anthony City Council and Housing and Redevelopment Authority(HRA)
MMike Mornson—City Manager
W From: Stacie Kvilvang & Sid Inman—Ehlers and Associates
Date: June 2,2004
Subject: Policy on Issuance of Revenue Bonds
Dominium has requested that the City and the City's Housing and Redevelopment Authority (HRA)
assist them in obtaining private activity revenue bonds from the State of Minnesota for the purposes of
developing 260 units of rental housing in the Northwest Quadrant Redevelopment Area. The City and
the HRA have assisted both rental housing developments and industrial developments with obtaining
these bond funds from the State in the past. However, the City and HRA have never had a formal
policy on what type and how much of a fee they would charge for assisting developers in pursuing
these types of bonds.
After discussions with the City Attorney and City Manager, it is recommended that the City and HRA
adopt formal policy charging the following:
1. A one time issuance fee of one(1)percent of the principal amount of the bonds; and
2. The Applicant must pay all expenses of the City and HRA related to the issuance of such
revenue bonds, whether or not the revenue bonds are issued
Please contact me at 651-697-8506 if you have any questions.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone:651-697-8506 Fax: 651-697-8555
Roseville,MN 55113-1105 skvilvang @ehlers-inc.com
16
RESOLUTION NO. 04- 046
RESOLUTION APPROVING POLICY FOR
ISSUANCE OF REVENUE BONDS
WHEREAS,the City of St.Anthony is authorized to issue revenue bonds for various entities
pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165; and
WHEREAS, a number of cities have developed policies for the issuance of such bonds, which,
among other things, impose a fee based upon the principal amount of the revenue bonds issued payable
upon the issuance of such revenue bonds; and
WHEREAS,the City does not currently have a policy in place for the issuance of such revenue
bonds and the City Council believes it is in the best interest of the City to adopt such a policy.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of St. Anthony,that
the following policy shall apply to the issuance by the City of revenue bonds pursuant to Minnesota
Statutes, Chapter 462C or Section 469.152 to 469.165:
1. All expenses of the City related to the issuance of such revenue bonds must be paid by
the applicant, whether or not the revenue bonds are issued.
2. The City shall be under no obligation to issue any such revenue bonds and reserves the
right to decline to issue any such revenue bonds for any reason.
3. An issuance fee of 1%of the original principal amount of the revenue bonds shall be paid
to the City upon the issuance of the revenue bonds.
4. The issuance of such revenue bonds must not adversely affect the ability of the City to
issue qualified tax-exempt obligations under Section 265(b) of the Internal Revenue Code of 1986, as
amended, for City purposes.
5. The City reserves the right to select bond counsel and other consultants or advisors with
respect to any revenue bonds, the fees and expenses of which shall be paid by the applicant, whether or
not the bonds are issued.
Adopted this 8th day of June, 2004.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
a
i V
E H L E R
& ASSOCIATES IN .,
0 To: St.Anthony City Council and Housing and Redevelopment Authority(HRA)
Mike Mornson—City Manager
cW From: Stacie Kvilvang& Sid Inman—Ehlers and Associates
G Date: June 1,2004
Subject: Fannie Mae Loan—Northwest Quadrant Redevelopment
Overview
On December 19, 2003, the City Council and Housing and Redevelopment Authority (HRA) executed
a Development Agreement with Apache Redevelopment LLC for the redevelopment of the above
referenced area. According to Section 12.11 of the Development Agreement, the City and/or HRA
would be securing an interim loan in the amount of$3,350,000 from Fannie Mae,to assist in acquiring
three (3) commercial properties where the for-sale housing would be developed. The City and HRA
conditioned the commitment to obtain these funds upon the following:
1. The City had received the Commercial Go Ahead Letter(Received)
2. The City had received the For Sale Housing Go Ahead Letter
3. The housing developer had documentation that they had obtained 20 percent of presales of the
units in the first building in Phase 1A(13 units);
4. The Developer is not in default of the Development Agreement
The loan, as originally discussed with the City Council and HRA, was going to be paid back through
land sale proceeds and a General Obligation TIF bond issued by the City/HRA when the development
was completed (within a three year period). Under this loan structure,Fannie Mae requires the City to
provide a collateral deposit with them consisting of 25 percent of the loan amount ($837,500). The
City was going to utilize its Water Filtration Funds for this deposit requirement (If the City was to
"back".the loan with their General Obligation taxing powers, no collateral would be required). In
addition, the loan was a full recourse debt to the City and they would need to pledge any assets to
repayment of the loan.
After review of the loan documents by the City Attorney, it was determined that State Statutes would
not allow the City to pledge funds to a loan without it being considered,a General Obligation.
Therefore, the loan documents are being redrafted to reflect this.
LEADERS IN PUBLIC FINANCE
A
3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555
Roseville, MN 55113-1105 skvilvang @ehlers-inc.com
18
St. Anthony City Council and HRA
Fannie Mae Loan—Northwest Quadrant Redevelopment
June 1,2004
Page 2
Primary Issues to Consider:
1. How is this loan structure different from what was originally proposed?
2. What is the risk to the City/HRA in obtaining these loan funds and providing their General
Obligation taxing powers?
3. What are the terms of the loan agreement
Analysis of Issues:
1. How is this loan structure different from what was originally proposed?
The original loan structure anticipated that the City would borrow the funds,provide the necessary
collateral ($837,500 set aside for up to a three year term) and not provide its General Obligation
authority up front (less risk). The loan was going to be paid back as land sale proceeds were
received and then when the development was finished being constructed and paying taxes, the
City/HRA was going to pay off the remaining balance of the loan by utilizing its General
Obligation authority and issue a GO TIF bond. The GO TIF bond would then be repaid by tax
increment generated by the new development.
Under the new structure, the City/HRA would be authorizing utilization of its General Obligation
taxing powers up front, which would not require the City/HRA to provide$837,500 in collateral for
the loan. This option would provide the City much more flexibility in completing other capital
improvement projects as defined by the City Council and HRA since it would not require tying up a
large sum of money for a three-year period. The loan will still be repaid as originally anticipated,
which is through land sale proceeds and through the issuance of a GO TIF bond when the
development is completed.
The City/HRA was always intending to pledge its General Obligation taxing powers to repay the
debt. The only difference between the two aforementioned loan structures is when the GO would
be required, meaning up front (more risk) before the development is constructed or after the
development is constructed(less risk).
2. What is the risk to the City/HRA in obtaining these loan funds and providing their General
Obligation taxing powers?
The risk of obtaining these loan funds needs to be reviewed from two aspects:
1. Actually drawing down the loan funds; and
2. Repayment of the loan if it is drawn down
The risk under#1 is minimal since the City/HRA is not required to draw down any funds until the
developer has met certain presale and construction financing requirements. If the presale
19
St. Anthony City Council and HRA
Fannie Mae Loan—Northwest Quadrant Redevelopment
June 1, 2004
Page 3
requirement and proof of construction financing from a lending institution are met, it will provide
reassurance to the City and HRA that there is a market for the product the developer is constructing
and the corresponding price points they have set.
Under#2,the City and HRA were always at risk of repaying the loan if it was drawn upon. Again,
the loan was going to be repaid through land sale proceeds and a General Obligation TIF bond
when the development was finished being constructed. The City/HRA's only risk would be if the
developer for some reason did not move forward with the development after meeting the presale
and construction financing requirements or quit constructing the development half way (or at
another point) through construction. The likely hood of the developer not moving forward after
meeting the presale requirement is low since they have invested considerable dollars in completing
architectural drawings and plans for submittal to the City for approval, they have been working on
meeting the presale requirement and are nearing finalization of their construction financing.
That would leave the scenario in which the developer walks away from the development prior to
completing it. To analyze this risk the question that the City and HRA need to answer is: Would
the City move forward with acquiring this land for redevelopment if this developer defaults during
the construction phase? It is assumed that the answer to that is yes. The City and HRA have
committed extensive resources to assure that the Northwest Quadrant Redevelopment Plan would
be implemented. If the developer was to "walk away", the City and HRA would have the right to
the unfinished project and could select another developer to step in and finish the development, or
propose an alternative solution.
3. What are the terms of the loan agreement
Following are the loan agreement terms:
1. The loan is a non-revolving loan and the City/HRA can draw the funds down at anytime
2. Loan maturity is 36 months
3. The loan is taxable
4. Loan proceeds 'will be utilized to acquire and demolish property in the Northwest
Quadrant Redevelopment Area
5. Loan has a variable interest rate based upon the three (3) month LIBOR (currently 1.26)
plus 175 basis points(total of 3.01%). Interest rate is set on day of closing.
6. Interest rate will be reset quarterly on the first day of each calendar quarter (January 1,
April 1, July 1 and October 1)
7. Quarterly payments of interest to be paid in arrears on the fist day of each calendar quarter
and calculated on an actual/360 basis
M
20
St. Anthony City Council and HRA
Fannie Mae Loan—Northwest Quadrant Redevelopment
June 1,2004
Page 4
8. Prepayment can occur at any time without penalty
9. Full repayment is expected in spring of 2007 when development is finalized. However,
the City/HRA can repay at anytime
10. Debt is General Obligation of the City
11. The City/HRA can not utilize any other Fannie Mae funds to repay the loan
12.. All legal fees of Fannie Mae to be paid by the City/HRA at closing (whether the loan
closes or not). Legal fees generally are between$2,500 and$5,000
13. City/HRA has to pay origination fee of 100 basis points at closing($33,500)
14. City/HRA is required to submit financial statements annually for Fannie Mae review until
the loan is repaid and submit the annual TIF reports required by the State of Minnesota
It should be noted that all out of pocket expenses incurred by the City/HRA will be reimbursed
by the Developer and/or through Tax Increment(TIF).
21
RESOLUTION NO. 04-047
RESOLUTION AUTHORIZING EXECUTION OF
LOAN DOCUMENTS WITH FANNIE MAE
FOR$3,350,000 LOAN
WHEREAS, pursuant to Minnesota Statutes, Section 469.028 the City of St. Anthony (the "City") is
authorized to establish redevelopment projects in order to provide for the redevelopment of the City; and
WHEREAS, pursuant to Minnesota Statutes, Section 469.176, the City is authorized to finance the
public redevelopment costs of a redevelopment project with tax increment revenues derived from a tax
increment financing district established within such Redevelopment Project; and
WHEREAS, in connection with the Redevelopment Project, the City prepared and approved a tax
increment financing plan creating its Tax Increment Financing District No. 3-5 (the "Tax Increment District);
and
WHEREAS, on December 19, 2003 the City of St. Anthony and the St. Anthony Housing and
Redevelopment Authority (HRA) executed a Development Agreement with Apache Redevelopment LLC (the
"Developer") for the redevelopment of the area commonly referred to as the Northwest Quadrant (the
"Northwest Quadrant")
WHEREAS, according to Section 12.11 of the Development Agreement, the City and HRA agreed to
obtain short term financing from Fannie Mae for the purpose of acquiring certain commercial properties,
relocating the tenants and demolishing these properties located within the Northwest Quadrant for
redevelopment; and
WHEREAS, the City of St. Anthony is authorized to obtain these loan funds and issue General
Obligation Tax Increment Bonds for purposes of repayment of these loan funds pursuant to Minnesota
Statutes, Section 469.178, subdivision 2.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of St. Anthony as follows:
1. That the City Manager and City Attorney are hereby authorized' to proceed with
negotiating the terms of this loan and to prepare necessary documents for execution by the City.
Adopted this 8`h day of June,2004.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
22
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 5, 2004
Meeting Date: June 8, 2004 Agenda Section: VI, 3.
(3rd Reading)
ITEM DESCRIPTION:
Charitable Gambling Ordinance
MANAGER'S REVIEW:
I have asked Jerry Gilligan, to prepare an amendment to our charitable gambling
ordinance based on the fact that our current ordinance allows charitable
gambling to on-sale municipals only. With the closing of the Stonehouse, we no
longer own an on-sale and with Spectators located where the Stonehouse used
to be, I felt it was important to get the ordinance changed prior to the opening of
the restaurant.
I have scheduled the three readings for the ordinance for May 11th, May 25th,
and June 8th. I have also passed the ordinance onto some of the Sports
Boosters that I have been working with on the charitable gambling license for
Spectators.
This is the final reading of this ordinance. We have incorporated all of the
suggestions and concerns from previous meetings into this final ordinance.
Recommendation:
Council Approval of Charitable Gambling Ordinance 04-002.
Michael Mornson
City Manager
00RsEI 23
DORSEY & WHITNEY LL.
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Morrison, City Manager
FROM: Jerome P. Gilligan
DATE: June 2, 2004
RE: Charitable Gambling Ordinance
At its meeting on May 25th.the City Council gave second recording to an ordinance
amending Section 535.02 of the City Code to permit charitable gambling to be included in
restaurants in the City holding a liquor license. I understand that the City Council approved a
change to the ordinance to limit the charitable gambling to only one location in the City and to
provide that only one licensed organization my conduct charitable gambling at that location. I
have revised the ordinance with this change.
I do not believe that the City Council can specify in the ordinance the particular
restaurant location where charitable gambling will be permitted or the organization which may
conduct charitable gambling at the site. Therefore, the revised ordinance does not specify the
sole restaurant site where charitable gambling may be conducted.
F
DORSEY&WHITNEY LLF
N � ORSEti
DORSEY & WHITNEY LU 24
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Mornson, City Manager
FROM: Jerome P. Gilligan
DATE: May 19, 2004
RE: Authority of City to Regulate Charitable Gambling
At its meeting on May 11th the City Council-gave first recording to an ordinance
amending Section 535.02 to permit charitable gambling to be conducted in restaurants in the
City holding an on-sale liquor license. At that meeting the Council had various questions
concerning the City's authority to regulate this activity.
Under Minnesota Statutes, Section 349.213, the City has the authority to adopt more
stringent regulation of lawful gambling than provided by Minnesota law, including the prohibition
of lawful_gambling. The City may not require that an organization licensed by the Minnesota
Gambling Control Board'obtain a license or permit from the City as a condition for it to conduct
charitable gambling in the City. However, before issuing a permit premises allowing lawful
gambling at a location in the City; Minnesota law requires.the Board to notify the City Council
and the City Council must approve the issuance of the premises permit by resolution.
The Minnesota Attorney General has opined that under this authority the City can
regulate the following with respect to lawful gambling in its jurisdiction:
A. Determine what kind of lawful gambling can take place;
B. Specify hours of operation;
C. Specify where it can and cannot occur;
D. Limit the number of sites where it will be allowed; and
E. Prohibit lawful gambling altogether.
While Minnesota law requires the approval of the City Council before the Gambling
Control Board can issue a premises permit for a licensed organization to conduct gambling in
the City, the statute does not offer any guidance with respect to reasons that the City Council
may disapprove an organization's application. If it wished to do so the City Council could
develop criteria on which to base its decision. However, this criteria should probably not limit
approval to only locally based organizations as the Minnesota Attorney General has opined that
a city limiting approval of lawful gambling to only locally based organizations may be a possible
violation of the equal protection clause of the Minnesota and.United States Constitution.
While the City may not be able to adopt an ordinance which would limit charitable
gambling in the City to only locally based organizations, I believe that the City could include in
DORSEY&WHITNEY LLP
.. .r 0 0 R S E:
25
its ordinance on charitable gambling a provision that provides.that charitable gambling is limited
to only one location in the City and that only one licensed organization is permitted to conduct
charitable gambling at that location. By doing so the City may be able to effectively retain
control of which licensed organizations conduct charitable gambling in the City. If in the future
the Council wishes to expand the number of locations where charitable gambling may be
conducted, it could then amend the ordinance.
As I previously advised you, the City may by ordinance require a licensed organization
conducting lawful gambling in the City to expend within the City's trade area'all or a portion of its
expenditure for lawful purposes of its gross profits. The ordinance must define the City's trade
area and specify the percentage of lawful purposes expenditure to be expended within the trade
area. The City's trade area must include at a minimum each city contiguous to the City. Should
the City Council wish to require an organization to make all or a portion of its expenditures
within the City's trade area, set forth below is proposed new Section 535.03 of the City Code
which it could be included in the ordinance the City council is presently considering on
charitable gambling:
"Section 535.03. Expenditure by Licensed Organization Conducting Lawful Gambling.
Each licensed organization conducting lawful gambling within the City.must expend percent
of its lawful purpose expenditures on lawful purposes conducted or located within the trade area
of the City. The trade area of the City for this purpose shall include the City and all cities
contiguous to the City. This section applies only to lawful purpose expenditures of gross profits
derived from lawful gambling conducted on a premises within the City. At the end of each
licensed organization's fiscal year, each organization must file with the City a report prepared by
an independent certified public accountant documenting compliance with the requirements of
this section."
2
DORSEY&WHITNEY LLP
OORSE.`
DORSEY & WHITNEY LI 27
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Morrison, City Manager
FROM: Jerome P. Gilligan
DATE: May 5, 2004
RE: Amendment of Section 535 of City Code to Permit Charitable Gambling in
Restaurants Holding Liquor License
In order to permit charitable gambling in restaurants holding on-sale liquor licenses it will
be necessary for the City Council to amend Section 535.02 of the City Code. Presently the
section limits licensed charitable gambling to municipal on-sale liquor establishments. I have
prepared an ordinance amending Section 535.02 to permit charitable gambling in
establishments holding an on-sale liquor license.
Under Minnesota Statutes, Section 349.213, the City has the authority to by ordinance
require that an organization conducting licensed charitable gambling expend all or a portion of
its lawful expenditure from gross profits derived from the charitable gambling conducted in the
City within the City's trade area. The ordinance must define the City's trade area. This statute
requires that the trade area must include each city which is contiguous to the City. The Council
may wish to consider imposing this requirement on licensed charitable gambling, but it may be
of limited value in ensuring the profits from licensed charitable gambling are expended in a
manner that benefits the City and its residents, because of the requirement that the trade area
must at a minimum include all cities contiguous to the City.
DORSEY&WHITNEY LLP
CITY OF ST. ANTHONY
28
ORDINANCE 04-002
AN ORDINANCE RELATING TO LAWFUL, GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful or
otherwise, shall be conducted or allowed within the City except for: (1) lawful gambling
conducted in accordance and compliance with Minn. Stat. § 349.166, and (2) lawful
gambling conducted by a properly licensed organization in accordance with State law in
an establishment holding an On-Sale Intoxicating Liquor License under Chapter 10 of
this Code; provided that lawful gambling may only be conducted within the City at one
establishment holding an On-Sale Intoxicating Liquor License under Chapter 10 of this
Code and only one licensed organization may conduct lawful gambling at such
establishment.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading: May 25, 2004
Adopted: June 8, 2004
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
CITY OF ST. ANTHONY 29
ORDINANCE 04-002
AN ORDINANCE RELATING TO LAWFUL GAMBLING;
AMENDING SECTION 500 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 535.02 of the St. Anthony City Code, shall be amended to read as
follows:
535.02 Gambling Limited. No form or type of gambling, whether lawful or
otherwise, shall be conducted or allowed within the City except for: (1) lawful gambling
conducted in accordance and compliance with Minn. Stat. § 349.166, and (2) lawful
gambling conducted by a properly licensed organization in accordance with State law in
an establishment holding an On-Sale Intoxicating Liquor License under Chapter 10 of
this Codexovided that lawful mblin may of lv be conducted within the City at one
establishment holding an On-Sale Intoxicating Liquor T icense under Chapter 10 oft this
Code and only one licensed organization may conduct lawful ambling at such
establishment.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: May 11, 2004
Second Reading: May 25, 200-4
Adopted: June 8. 2004
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
30
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 13,2004
Meeting Date: May 25, 2004 Agenda Section: VI, 4.
(2"d Reading)
ITEM DESCRIPTION:
Peddlers, Solicitors, and Transient Merchant-Ordinance
MANAGER'S REVIEW:
It was brought to our attention that we are completing computerized
criminal checks on Peddlers, Solicitors, and Transient Merchants
without the proper language in our City Ordinance.
The changes that are highlighted were reviewed by the Police
Department and are recommended for amend, which then gives-the
City the authority to conduct criminal checks on Peddlers and
Solicitors.
Recommendation:
Council Approval of Peddlers, Solicitors and Transient Merchants
Ordinance.
Michael Morrison
City Manager
31
MEMO
DA'L'E: May 6, 2004
TO: Michael Mornson, City Manager
FROM: Capt. Ohl
SUBJECT: Criminal Checks on Peddlers, Solicitors, and Transient Merchants
It has come to my attention that we are completing BCA Computerized Criminal Checks
on peddlers, solicitors, and transient merchants without the proper language in our
Ordinance number 1130.
The Bureau of Criminal Apprehension specifically states that:
6 We must have an ordinance that expressly, or by implication, authorizes the use
of CCH records for the screening of an applicant,
• The ordinance must require the signed consent of the applicant,
• The ordinance must include the grounds and reasons in determining denial,
• The ordinance must require notification to the applicant of the reason for the
denial.
I would suggest the following language be added to Section 1130 of our City Ordinance:
Investigation and issuance
a) Upon receipt of each application, it shall be referred to the Chief of Police
who shall immediately institute such investigation of the applicant's
business and moral character as he/she deems necessary including, but not
limited to, a criminal history and a wanted person's check with the Bureau
of Criminal Apprehension for the protection of the public good. Each
applicant and agent of the applicant must sign an"Informed Consent"
acknowledging the reason for which the criminal background is being
completed.
b) If as a result of such investigation, the applicant's business and moral
character are found to be unsatisfactory, the Chief of Police shall endorse
32
on such applicant his/her disapproval and his/her reasons for the same, and
return the application to the city clerk,who shall notify the applicant that
his/her application is disapproved and that no permit shall be issued. Any
applicant's business and moral character may be found to be
unsatisfactory for reasons including, but not solely limited to:
1. Fraud, misrepresentation, or incorrect statement contained
in the application for permit.
2. Past fraud, misrepresentation, or incorrect statement made
in the course of carrying on business as a solicitor,
canvasser, peddler, transient merchant,itinerant merchant
or itinerant vendor.
3. Past conviction of any crime or misdemeanor involving
fraud, theft or moral turpitude.
4. Conducting the business of a peddler, solicitor,transient
merchant, itinerant merchant or itinerant vendor, as the case
may have been, in an unlawful manner or in such a manner
as to constitute a breach of peace or to constitute a menace
to health, safety or general welfare of the public.
c) If as a result of such investigation,the business and moral character of the
applicant are found to be satisfactory, the Chief of Police shall endorse on
the application his/her approval and return the application to the city clerk,
who shall delivery the permit to the applicant. Each peddler, solicitor, or
transient merchant must secure a personal permit. Each person issued a
permit must carry it on his/her person while conducting or engaging in any
activities regulated hereunder. No permit shall be used at any time by any
person other than the one to whom it is issued.
I believe that by adding the aforementioned verbiage to the city ordinances, we would be
able to continue to lawfully check the backgrounds of individuals wishing to solicit
within our corporate city limits.
For ease of addition to our ordinances, this addition could be put into the ordinance under
1130.12.
While waiting for the adoption of this addition to our ordinance, I would suggest that we
have individual applicants sign release forms indicating that we will, in fact, as a part of
their application process, complete criminal history checks with the Bureau of Criminal
Apprehension to assess the public safety risks associated with allowing a particular
applicant to solicit within our corporate city limits.
33
Section 1130—PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
_ 1130.01 Definitions. For purpose of this Section, the terms defined in this Subsection
have the following meanings:
Subd.1. "Peddler"means a person who goes from house to house, from place to
place, or from store to store conveying or transporting goods, wares or
merchandise or offering or exposing the same for sale or making sales and
delivering articles to purchasers.
Subd. 2. "Solicitor"means a person who goes from house to house, from place to
place, or from street to street soliciting or taking or attempting to take orders for
sale of goods, wares, merchandise or personal services for future delivery or
performance.
Subd. 3. "Transient Merchant"means a person who engages in any temporary and
transient business selling goods, wares and merchandise from a building,
structure, vacant lot, vehicle or trailer in a zoning district where it is allowed by
this Code.
1130.02 Registration Required. No peddler, solicitor or transient merchant shall sell or
offer for sale any goods, wares, or merchandise within the City unless registered as
provided in this Section. The nonrefundable registration fee is set forth in Section 615.
Any peddler, solicitor or transient merchant dealing with merchandise to be delivered to
customers in Minnesota directly from points outside of Minnesota is exempt from
payment of the registration fee. Any person soliciting money, donations or financial
assistance for a religious or charitable organization or selling merchandise for a fee on
behalf of such an organization is exempt from payment of the fee,but is required to
register with the City.
1130.03 Conditions for Registration. Registration with the City Clerk must occur at least
five days prior to the date when the activity is to commence. Persons registering must
file with the City Clerk an accurate sworn registration statement on a form furnished by
the City Clerk, giving the following information:
(a) Name and physical description of the applicant.
(b) Complete home and local address of the applicant and, in the case
of transient merchants, the local address from which proposed
sales would be made.
(c) A brief description of the nature of the business and the product or
services involved.
(d) If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
34
(e) The dates and hours of the day during which the activity will be
carried on.
(f) The source of supply of any goods or property proposed to be sold
or orders taken for the sale thereof, where such goods or products
are located at the time registration is filed and the proposed method
of delivery.
(g) A statement as to whether or not the registrant has been convicted
of any crime, misdemeanor or violation of any municipal
ordinance of any municipality other than traffic violations, the
nature of the offense and punishment or penalty assessed.
(h) The last municipalities, not to exceed five, where the applicant
carried on business immediately proceeding the date of the
application and the address from which such business was
conducted in those municipalities.
(i) Written statement of permission from fee owner of property where
transient sales are to be held.
1130.04 Exemptions. This Section does not apply to persons engaged in the following
activities:
(a) Selling personal property at wholesale to dealers in such property.
(b) Selling solely literature.
(c) Selling products of the farm or garden on the property on which
the products are grown and cultivated. A person claiming this
exemption must submit a written affidavit indicating that the .
products be sold were grown in property where the sales are.
occurring.
(d) Calling upon householders in connection with a regular route
service for the sale and delivery of perishable daily necessities of
life such as bakery products and dairy products.
(e) Calling upon households at the request of the householders.
1130.05 Proof of Registration. Upon receipt of a complete registration, the Clerk will
transmit the same to the Chief of Police for approval. Every registration must bear the
written approval of the Chief of Police to be valid. Within five days after such
registration, the City Clerk will provide the registrant with a written certificate showing
proof of registration.
355
1130.06 Registration Not Transferable. No registration is transferable from one
individual to another. Each individual must be separately registered where more than one
individual is involved in the same type of activity even though associated with the same
organization.
1130.07 Practices Prohibited. No peddler, solicitor or transient merchant is permitted to
call attention to the business or merchandise by crying out, blowing a horn, ringing a bell,
or by any loud or unusual noise. No peddler, solicitor, or transient merchant is permitted
to harass, intimidate, abuse, or threaten a person or continue to offer merchandise for sale
to any person after being told not to do so by that person.
1130.08 Duration of Registration. Each registration will be valid for the period specified,
and no registration may extend beyond the 31 sc day of the December of the year in which
it is granted.
1130.09 Exclusion. Any person who wishes to exclude peddlers, solicitors or transient
merchants from his or her premises may place upon or near the usual entrance to the
premises a printed placard or sign bearing the following notice:
"Peddlers and Solicitors Prohibited"
Such placard must be at least 3 3/ inches long and 3 3/ inches wide and the printing must
not be smaller that 48 point type. No peddler, solicitor or transient merchant may enter in
or upon any premises or attempt to enter in or upon any premises where such placard or
sign is placed.
1130.10 Revocation. Any registration maybe temporarily suspended by the City
Manager or revoke by the Council for a violation of any provision of this Section. Before
any temporary suspension or revocation occurs, the registrant will be notified of the
violation and will have the opportunity to respond to it.
1130.11 Compliance with Zoning_ Transient merchants must comply with all applicable
provisions of the City's Zoning Code.
1130.12 Investigation and Issuance.
(a) Upon receipt of each application, it shall be referred to the Chief of Police
who shall immediately institute such investigation of the applicant's
business and moral character, as he/she deems necessary including, but
not limited to, a criminal history and a wanted person's check with the
Bureau of Criminal Apprehension.for the protection of the public good
Each applicant and agent of the applicant must sign an "Informed
Consent"acknowledging the reason for which the criminal background is
being completed
36
(b) If as a result of such investigation, the applicant's business and moral
character are found to be unsatisfactory, the Chief of Police shall endorse
on such applicant his/her disapproval and his/her reasons for the same,
and return the application to the City Clerk, who shall notify the applicant
that his/her application is disapproved and that no permit shall be issued
Any applicant's business and moral character may be found to be
unsatisfactory for reasons including, but not solely limited to:
a. Fraud, misrepresentation, or incorrect statement contained in the
application for permit.
b. Fast fraud. misrepresentation, or incorrect statement made in the
course of carrying on business as a solicitor, canvasser,peddler,
transient merchant, itinerant merchant or itinerant vendor.
c. Past conviction of any crime or misdemeanor involving fraud, theft
or moral turpitude.
d. Conducting the business of a peddler, solicitor; transient merchant,
itinerant merchant or itinerant vendor, as the case may have been,
in an unlawful manner or in such a manner as to constitute a
breach of peace or to constitute a menace to health, safety or
general welfare of the public.
(c)If as a result of such investigation, the business and moral character of the
applicant are found to be satisfactory, the Chief of'Police shall endorse.on
the application his/her approval and return the application to the City
Clerk, who shall delivery the permit to the applicant. Each peddler,
solicitor, or transient merchant must secure a personal permit. Each
person issued a permit must carry it on.his/her person while conducting or
engaging in any activities regulated hereunder. Any person other than the
one to whom it is issued shall not use the permit at any time.
FUTURE COUNCIL AGENDA ITEMS
Updated June 3,2004
Meeting Date Meeting Type Staff Items/Issues
June 22 Regular Planning Commission issues of June 15
Planning Amendment to Comprehensive Sign Plan -
Hennepin County Library.
DSU Silver Lake Village: Final PUD and Final
Plat for Housing and Retail.
Ehlers Development Agreement with Dominium Group.
J. Gilligan Resolution on Issuing tax exempt bonds.
Peddler's Ordinance Amendment, Third Reading
July 13 Regular 2003 Audit City and HRA
July 27 Regular Planning Commission issues of July 13
August 10 Regular
August 24 Regular Planning Commission issues of August 17
June 2004
Monthly Planner
U, e y Thursday -,Friday
1 2 3 4 5
6 7 8 9 10 11 12
7:00 pm Council
Meeting
13 14 15 16 17 18 19
7:00 pm Parks 7:00 pm
Commission Planning
Meeting Commission
Meeting
20 21 22 23 24 25 26
7:00 pm Council Liquor Store
Meeting Celebration 4-
8 pm
Public Works
Grand Opening
4-7 pm
27 28 29 30 May 2004 Jul 2004
Central Park S M T W T F S S M T W T F S
Dedication 6
pm to 8:30 pm 1 1 2 3
2 3 4 5 6 7 8 4 5 6 7 8 9 10
9 10 11 12 13 14 15 11 12 13 14 15 16 17
16 17 18 19 20 21 22 18 19 20 21 22 23 24
23 24 25 26 27 28 29 25 26 27 28 29 30 31
30 31
Printed by Calendar Creator for Windows on 6/2/2004
July 2004
Monthly Planner
Va
Jun 2004 Aug 2004 1 2 3
S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 4 5 6 7
6 7 8 9 10 11 12 8 9 10 11 12 13 14
13 14 15 16 17 18 19 15 16 17 18 19 20 21
20.21 22 23 24 25 26 22 23 24 25 26 27 28
27 28 29 30 29 30 31
4 5 6 7 8 9 10
Independence
Day Holiday
11 12 13 14 15 16 17
7:00 pm Parks 7:00 pm Council
Commission Meeting
Meeting
18 19 20 21 22 23 24
7:00 pm
Planning
Commission
Meeting
25 26 27 28 29 30 31
7:00 pm Council
Meeting
Printed by Calendar Creator for Windows on 6/2/2004
General Fund Budget to Actual Report: MAY 2004
Expenditures: Mean Average
42%
05/31/2004 Percentage Remaining
Budqet Y-T-D Balance Spent Budget
Mayor/Council $46,900.00 $17,04.0.17 $29,859.83 36% 64%
Intergovernmental Relations $21,000.00 $9,478.00 $11,522.00 45% 55%
Cable Franchise $22,200.00 $17,507.82 $4,692.18 79% 21%
General Management $80,200.00 $32,563.45 $47,636.55 41% 59%
Elections $25,400.00 $6,037.89 $19,362.11 24% 76%
Finance/Insurance $226,400.00 $53,751.22 $172,648.78 24% 76%
Finance/Assessing $42,200.00 $986.34 $41,213.66 2% 98%
Legal $85,000.00 $27,279.75 $57,720.25 32% 68%
Engineering/Planning/Zoning $2,600.00 $2,193.19 $406.81 84% 16%
City Buildings $122,600.00 $38,413.98 $84,186.02 31% 69%
Civil Defense $45,800.00 $18,348.48 $27,451.52 40% 60%
Police Protection $1,095,200.00 $419,640.06 $675,559.94 38% 62%
Lauderdale/Falcon Heights $584,800.00 $223,979.66 $360,820.34 38% 62%
Fire Protection $589,500.00 $220,394.54 $369,105.46 37% 63%
Inspections/Building Permits $76,400.00 $23,416.75 $52,983.25 31% 69%
Animal Control $4,200.00 $416.40 $3,783.60 10% 90%
Public Works $422,600.00 $130,691.89 $291,908.11 31% 69%
Public Works/Maintenance & Repair $126,100.00 $49,715.87 $76,384.13 39% 61%
Tree and Weed Care $28,200.00 $9,945.24 $18,254.76 35% 65%
Parks $129,100.00 $51,976.68 $77,123.32 40% 60%
Budget Reserves/Non Budgeted $0.00 $0.00 $0.00 0% 0%
Total Expenditures $3,776,400.00 $1,353,777.38 $2,422,622.62 36% 64%
Stormwater Fund - Cash on Hand 05131/2004
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 $5,798,197.80
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
Stone Sewer City Bonds $1,610,000.00 $1.594,271.55
Total Project Budget $12,350,000.00 $12,635,297.02
Other Proied Activity:
Reserves/Transfer from Revolving Fund $175,000.00 $175,000.00
State of Minnesota-Reimbursements $0.00 $38,422.27
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 $241,475.72
Total Revenues $12,797,000.00 $13,650,451.18
05131/2004
Expenditures: Expenditures-to-Date
WSB-Engineering Services $392,151.62
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 $1,205,009.53
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 $2,945,621.37
2001 Street Improvement Project $2,170,972.80
2002 Street Improvement Project $2,488,926.74
Central Park Holding Ponds $28,961.00
St.Anthony Boulevard Street Lighting $2,283.50
Shamrock Stormwater Improvement $396.75
Harding Street Holding Ponds $932,588.61
Silver Point Park/Construction $1.870.940.51
Total Expenditures $13,404,863.53
Project Balance $245,587.65
Stormwater Fees Nan-Desiganted $183,178.70
Total Cash on Hand $428,766.35
EXPENDITURE REPORT 05/312004
WSB: Flood Relief Grant Program: 2001 Street Improvement Project
Project Description: Expenditure s Project Description: Expenditure s Project Description:
Water Resource Management Plan $12,191.50 Dennis/Penny Gault $10,000.GO WSB-Engineering Services $269,395.82
Water Management Plan $10,531.50 James/Susan Kozarek $10,000.00 Lillie Suburban Newspapers $38.75
Stomtwater Task Force $29,243.00 Thomas/Susan Hoban $800.00 Hage Concrete Works $2,356.53
Stonnwater/Generai Engineering $56,657.98 Julie Sexton $1,004.53 Olson's Plumbing $221.90
Flood Problem Analysis $31,497.23 Village Properties-2801 37th Avenue NE $5,260.00 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 $23,934.63 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 $1.872.673.32
Park Design $156.447.10 St.Anthony Health Center-3700 Foss Road $3,301.00 Total 2001 Street Project $2,170,972.80
IA Study $33,064.75 Rite Way Waterproofing-2929 Crestview Avenue $390.00
Flood Grant-1998/1999200020012002 $31.776.25 Pine Cone Nursery-3460 Penrod Lane $9,222.80 2002 Street Improvement Project
Total WSB $392,151.62 Lamere Concrete-Flood Proofing Improvement $4,412.00 Project Description:
McCaren Designs,Inc. $703.99 WSB-Engineering Services $278,472.18
Bart Engineering: Minnehaha Falls Landscaping $5,587.50 Dorsey&Whitney $5,220.89
Project Description: Elgard Excavating $1,245.00 Construction Bulletin $215.16
District 06 Watershed Study 2$ .709.35 Twin Cities Glass Block 1$ .312.50 Moody's Investors Service. $3,250.00
Total Bart 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/Service Master Crown Fence&VNre $6,528.10
Project Description: Project Description: Frank Peterson-Misc Repair $152.01
Legal Services for Flooding Issues $17,911.16 Waste Management $391.65 TEK Services-Sod Repair $250.00
Legal Services-Comdenation of Homes $17,117.75 Service Master $13,782.29 Pipe Services Corp. $5,851.20
Legal Services-4029 Shamrock Drive $1,938.85 Nancy Myhran $259.50 S.M.Hentges&Sons $2.167.682.34
Legal Services-Pahl Avenue 2$ .880.23 Linda Gonier $198.00 Total 2002 Street Project $2,488,926.74
Total Dorsey&Whitney $39,847.99 Susan Kozarek $925.00
Elaine Nelson $1,065.00 St Anthony Boulevard Lighting
Water Quality Study: Sue Wenker $250.00 Project Description:
Silver Lake: Berkley Riskllnsuance Claim-Payment 5$ 00.00 WSB-Engineering Services $2,283.5 9
Rice'Creek Watershed District $2,025.00 Total Dumpsters $17,371.44 $2,283.50
Purchase of Homes: Sump Pump Shamrock Stormwater Improvement
Project Description: Project Description: Project Description:
Network Title,Inc. $255.00 Mcleod USA-Sump Pump Line $131.00 WSB-Engineering Services 3$ 96.75
Purchase of 2716 SL Anthony Boulevard $134,928.90 Lillie Suburban News-Advertisement $115.64 $396.75
Demolition $9,156.00 Total Sump Pump/Misc. $246.64 Harding Street Holding Ponds
Taxes $839.61 Project Description: Expenditures
Legal Services-Dorsey&Whitney $225.00 1999 Street Improvement Project WSB-Engineering Services $105,888.05
Check for Asbestos-Abatement Services $365.00 Project Description: Bettendorf Rohrer $30,075.00
Seal&Cap Weil $1,450.00 WSB-Engineering Services $176,525.71 Second Nature Lawn $278,238.80
Purchase of 2713 St Anthony Boulevard $147,676.13 Springsted,Inc.-Bond Services $8,835.85 Residential Easements $432,183.78
Demolition $11,258.00 Northdale Construction $928,231.18 Dorsey&Whitney/Legal $32,089.52
Legal Services-Attorney Fees for Seller $6,845.00 Treemendous $460.00 STS Consultants $3,235.00
Recording Deed/raxes $2.506.98 Chris Addington $503.22 Evergreen Lend Services $19,519.66
Title Insurance $946.00 Dorsey&Whitney $2,911.55 Construction Bulliten $358.46
Seal&Cap Well $1,420.00 Bond Issuance Expense $10.87528 Albrecht,Inc. $20,215.22
Purchase of 2809-30th Avenue NE $108.067.10 Total 1999 Street Project $1,128,342.79 Comdemnation Commissioners $8,455.10
Purchase of 27002704-Pahl Avenue $301,411.45 Old Republic-Abstract Fees 2$ .330.00
Purchase of 2713-Pahl Avenue $208,072.00 2000 Street Improvement Project Total Harding Street Holding Ponds $932,588.61
Purchase of 4029 Shamrock $265,492.89- Project Description:
First American Title $375.00 WSB-Engineering Services $317,044.93 Silver Point Park/Constructlon
Forsythe Appraisals/Kozarek $350.00 Barbarossa&Sons,Inc. $2,293,303.47 Project Description:
Evergreen Land Services 3$ .369.47 Barbarossa&Sons,Inc.-Settlement of Dispute $66,067.84 Richard Knutson,Inc, $1,466,031.72
Total Purchase of Homes $1,205,009.53 E-CEL Energy $155,100.00 Sandness Construction $137,624.44
Buchan Environmental Services $2,248.99 Thompson Homes,Inc. $64,140.54
Pahl Avenue Ponding: Berkley Risk Services $10,000.00 Muska Electric $40,730.80
Project Description: AIIState Insurance Company. $312.78 Construction Bulletin $160.89
WSB-Engineering Services $20,967.16 St.Paul Companies $16,884.96 Lillie Suburban News/Bid Notices $84.27
G&L Construction $69,998.42 Lillie Suburan Newspaper/Construction Bulletin $232.93 Reed Business Information/Bid Notices $305.76
Treemendous $14,460.90 AlbrechL Inc. $891.75 SEH,Inc.-Silver Point Park Building $39,373.88
Pipe Services $3,859.20 Fabyanske&Westra-Legal Cost/Utigation $44,390.49 WSB,Inc.-Silver Point Park Building $6,016.64
Crown Fence&Wire $370.00 Bond Issuance Expense $39.14323 Twin City Hydro Seeding $4,632.30
Construction Bulliten $1,432.20 Total 2000 Street Project $2,945,621.37 Romtec $6,500.00
Lillie Suburban News-Advertisement $220.69 STS Consultants $78,723.55
Total Pahl Avenue Ponding $111,308.57 Central Park Holding Ponds Metro Hydro Seeding $3,778.76
Project Description: St Paul Linoleum $3,250.00
Veil&Company $28.961.00 Inter-tel Technologies $370.89
$28,961.00 Twin City Janilory Supply $214.54
W.W.Grainger,Inc. $404.82
Veit&Company $5,488.71
Dorsey&Whitney $2,924.90
Trillium Park $10.183.10
Total Silver Point Park $1,870,940.51
April -2004 City of St.Anthony
Profit&Loss Statement from Operations
Actual Actual
Year to Date Year to Date Increase
SAV I** SAV II 04130/04 04/30/03 (Decrease)
Sales $0.00 $242,745.00 $860,071.00 $653,231.00 $206,840.00
Less:Cost of Goods Sold $0.00 $191,729.00 $674,078.00 $520,145.00 $153,933.00
Gross Profit ' $0.00 $51,016.00 $185,993.00 $133,086.00 $52,907.00
Ratio to Net Sales 21.02% 21.63% 20.37%
Operating Expense:
Salaries,Wages, Benefits $0.00 $20,896.00 $98,246.00 $58,663.00 $39,583.00
All Other Expenses $0.00 $16,354.00 $69,617.00 $54,755.00 $14,862.00
Total Operating Expense $0.00 $37,250.00 $167,863.00 $113,418.00 $54,445.00
Ratio to Net Sales 15.35% 19.52% 17.36%
Profit from Operations $0.00 $13,766.00 $18,130.00 $19,668.00 ($1,538.00)
Other Income $0.00 $75.00 $3,980.00 $1,351.00 $2,629.00
Net Income $0.00 $13,841.00 $22,110.00 $21,019.00 $1,091.00
Ratio to Net Sales 5.70% 2.57% 3.22%
April -Net Income $13,841.00
SAV I SAV II Y-T-D
YEAR TO DATE 04/30/04 $0.00 $22,110.00 $22,110.00
YEAR TO DATE 04/30/03 $0.00 $21,019.00 $21,019.00
INCREASE/DECREASE $1,091.00 $1,091.00
*Stonehouse On-Sale Closed 5/30/03-Unemployment Liability Still Exists
**SAV I Off-Sale Closed 8/23103-Anticipated Opening of New Store May/June'04
April - 2004 City of St.Anthony
Reconciliation to Inventory Valuation Report
SAV I SAV II
Beginning Inventory: $0.00 Beginning Inventory: $270,292.51
Plus or Minus: Plus or Minus:
Transfers: SAV II $0.00 Transfers: SAV 1 $0.00
Adjustments $0.00 Adjustments ($521.81)
Returns to Vendors $0.00 Returns to Vendors ($8,477.45)
Add: Receiving $0.00 Add: Receiving $250,887.67
Less: Cost of Goods Sold $0.00 Less: Cost of Goods Sold ($191,207.00)
TOTAL $0.00 TOTAL $320,973.92
Total per Valuation Report $0.00 Total per Valuation Report $321,109.96
Difference $0.00 Difference $136.04
Beginning May 2004 Inventory $0.00 Beginning May 2004 Inventory $321,109.96
i
2003 Actual Profits (Audited) 2004 Y-T-D Profits
Y-T-D
SAV I SAV II Stonehouse SAV I SAV II Profits Comparison
January $6,588.00 $3,381.00 $2,657.00 $12,626.00 January $0.00 $2,504.00 $2,504.00 ($877.00)
February $4,782.00 $4,181.00 $8,714.00 $30,303.00 February $0.00 $3,672.00 $6,176.00 ($1,386.00)
March $10,491.00 $7,536.00 $10,935.00 $59,265.00 March $0.00 $2,093.00 $8,269.00 ($6,829.00)
April $10,095.00 $5,921.00 $10,938.00 $86,219.00 April $0.00 $13,841.00 $22,110.00 $1,091.00
May $13,695.00 $10,574.00 $6,026.00 $116,514.00 May $0.00 $0.00 $22,110.00
June $12,616.00 $12,675.00 ($10,603.00) $131,202.00 June $0.00 $0.00 $22,110.00
July $11,914.00 $12,453.00 ($3,880.00) $151,689.00 July $0.00 $0.00 $22,110.00
August ($4,315.00) $18,776.00 ($670.00) $165,480.00 August $0.00 $0.00 $22,110.00
September ($19,510.00) $12,398.00 $123.00 $158,491.00 September $0.00 $0.00 $22,110.00
October ($750.00) $5,333.00 $229.00 $163,303.00 October $0.00 $0.00 $22,110.00
November ($637.00) $299.00 ($228.00) $162,737.00 November $0.00 $0.00 $22,110.00
December 5($ 15.00) $22,235.00 $0.00 $184,457.00 December $0.00 $0.00 $22,110.00 .
Total $44,454.00 $115,762.00 $24,241.00 $184,457.00 Total $0.00 $22,110.00 $22,110.00
Increase/(Decrease) $1,091.00 $1,691.00
Y-T-D By Store
INVESTMENT PORTFOLIO: 04/30/2004
Interest Date
4/M GENERAL T
$876,000 LOCKHART FUNDING COMM PAPER 1,016% 04/27/04 07/15/04 $874,077.67
$874,077.67
41M ARMY-WATER FILTRATION
$ 200,000 FANNIE MAE 6.00% 04/27/04 08/07/18 $200,000.00
$ 100,000 FEDERAL HOME LOAN MORTGAGE 6.00% 04/29/04 02/26/19 $100,000.00
$ 100,000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/26/04 04/23/14 $100,000.00
$1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22129 $191,662.50
$ 200,000 FED HOME LOAN BANK-ZERO COUPON 6.02% 02/04/03 02/04/26 $101,033.87
$ 500,000 FED HOME LOAN BANK-ZERO COUPON 6.793% 04/27104 11/02/28 $97,225.00
$ 605,000 COBBLER FUNDING COMM PAPER 1.015% 04/29/04 05125/04 $604,563.06
$1,394,484.43
DAIN RAUSCHER-GENERAL
GNMA POOL 6472 7.50% 07/01175 07/15/05 $175.24
GNMA POOL 14376 7.50% 03/01177 03/15/07 $532.19
GNMA POOL 23364 9.00% 09101/78 09/15/08 $304.52.
GNMA POOL 23356 9.00% 11/01f78 11/15/08 $708.66
$100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00
$100,000 FNMA MEDIUM TERM NOTE 5.00% 03/24/04 04/01/20 $100,000.00
$670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22102 02/22/29 $99,948.90
$1,207,000 GENERAL ELECTRIC COMM PAPER 1.006% 03/02/03 05106/04 $1,205,012.04
$1,506,681.56
DAIN RAUSCHER-HONEYWELL
$100,000 LASELLE BANK-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% 01/08103 01/22123 $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 02119/23 $29,170.00
$100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.25% 02/19/03 02/19/23 $29,170.00
$15,000 FEDERAL HOME LOAN MORTGAGE 5.50% 03/15/04 12/15/15 $15,000.00
$100,000 FEDERAL HOME LOAN MORTGAGE 5.00% 04/23/04 07/09/18 $94,250.00
$100,000 FEDERAL HOME LOAN MORTGAGE 5.04% 04/23/04 06/18/18 $94,625.00
$200,000 FEDERAL HOME LOAN MORTGAGE 6.00% 04/30/04 05/10/19 $200,000.00
$574,773.50
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
$476,000.00 GENERAL ELECTRIC COMM PAPER 1.005% 03/10/04 05/10/04 $475,346.69
$476,000.00 AMERCIAN EXPRESS COMM PAPER 1.005% 03/10/04 06/10/04 $475,026.84
$200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12128/01 12/15116 $200,000.00
$200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10/25/16 $200,000.00
$100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22/27 $100,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03/10/04 09/12/13 $200,000.00
$200,000.00 FNMA MEDIUM TERM NOTE 5.00% 03/10/04 03/19/14 $200,000.00
$50,000.00 FNMA MEDIUM TERM NOTE 5.54% 03/19104 03/11/19 $50,000.00
$2,197,573.09
DAIN RAUCHER-(HRA)
$200,000-FNMA-9334 P/0 7.24% 04/20/93 03/25/23 $10,892.10
$100,000-FHLMC MEDIUM TERM NOTE - STEP UP 4.00-6.50% 03/18/04 04/12/19 $100,000.00
$175,000- FNMA COUPON- 5.520% 5.520% 03130/04 04/12/19 $175,000.00
$200,000-FNMA COUPON- STEP UP 4.00-8.00% 03/01/04 02/10/12 $200,000.00
$485,892.10
TOTAL BOOK VALUE $7,033,482.34
Times/20/2004 MONTHLY INVESTMENT REPORT APRIL 20041NVESTI
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
June 8, 2004
Call to Order.
Roll Call.
I. Approval of June 8, 2004, H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will
be no separate discussion of these items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve May 25, 2004, H.R.A. Minutes.
B. Claims.
III. Public Hearings.
IV. General Policy of Business of the H.R. A.
1. Resolution 04-008; Approving a policy on Tax Exempt Financing -
S. Kvilvang, Ehlers & Associates, presenting. (action requested)
2. Resolution 04-009; Approving Fannie Mae Financing for Silver Lake
Village — S. Kvilvang, Ehlers & Associates, presenting.
(action requested)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
1 CITY OF ST. ANTHONY 01
2
3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
4 --
5 MAY 25, 2004
6
7 CALL TO ORDER.
8 Chair Hodson called the meeting to order at 7:59 p.m.
9
10 ROLL CALL.
11 Commissioners present: Chair Hodson; Commissioners Stille, Thuesen, and Faust.
12 Commissioners absent: Commissioner Horst.
13 Also present: Executive Director Michael Mornson.
14
15
16 I. APPROVAL OF MAY 25, 2004, H.R.A.AGENDA.
17 Motion by Commissioner Thuesen, seconded by Commissioner Stille, to approve the May 25,
18 2004, Housing and Redevelopment Authority Agenda as presented.
19
20 Motion carried unanimously.
21
22 II. CONSENT AGENDA.
23 Motion by Commissioner Stille, seconded by Commissioner Faust, to approve the Consent
24 Agenda, which consisted of.
25 A. H.R.A. Meeting Minutes of May 11 2004• and
26 B. Claims.
27
28 Motion carried unanimously.
29
30 III. PUBLIC HEARINGS.
3l' None.
32
33 IV. GENERAL POLICY BUSINESS OF THE H.R.A.
34 None..
35
36 V. STAFF REPORTS.
37 Executive Director Mornson reported a hearing date for the week of July 12, 2004, was set for
38 the Tires Plus lease condemnation. He indicated he would be attending the hearing with staff
39 attorneys from Dorsey and Whitney, adding it was hoped the other three properties would have
40 negotiated settlements.
41
42 VI. H.R.A. COMMISSIONER COMMENTS.
43 Commissioner Thuesen asked if the concerns discussed by residents at the May 11, 2004,
44 Council meeting regarding the new Tires Plus location were being addressed. Executive Director
45 Mornson responded one of the contingencies of the conditional use permit was that the City
46 attorney, City engineer and staff approve the lighting and landscaping plans and they would be
47 sensitive to the remarks made at the last meeting. He added a public hearing had been held in
48 March regarding the project,however.
®2
Housing and Redevelopment Authority Meeting Minutes
May 25, 2004
Page 2
1
2 Commissioner Faust noted the LaNel project was discussed at the last meeting and'he felt the
3 City was at a point where it should start pressing that issue. Mr. Mornson stated he agreed.
4
5 Commissioner Faust suggested the timing as it related to the tax-exempt status of the property
6 should be discussed and some leverage should be used to keep the process moving forward or the
7 City should refocus on a different project. Mr. Mornson responded he agreed and asked for a
8 motion from the HRA.
9
10 Motion by Commissioner Faust, seconded by Commissioner Thuesen, to approve placement of
11 said property back on the market if not closed by June 30, 2004.
12
13 Discussion:
14
15 Commissioner Stille stated the City could negotiate if LaNel wanted to retain control of the
16 property. Mr. Mornson responded LaNel could ask for a 30-day extension and the City would
17 then "have a hammer over them," noting the City did want to be accommodating if it knew
18 something was going to happen.
19
20 Commissioner Faust suggested the City could enter into a Purchase Agreement with earnest
21 money, at which time there would be honest brokerage on both sides.
22
23 Motion carried unanimously.
24
25 VII. INFORMATION AND ANNOUNCEMENTS.
26 None.
27
28 VIII. ADJOURNMENT.
29 Chair Hodson adjourned the meeting at 8:04 p.m.
30
31
32 Respectfully submitted,
33
34 Marjorie R. Jenkins
35 Timesaver Off Site Secretarial, Inc.
ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE
06/01/2004 13: Check Register GL540R-VO6.60 PAGE 1
BANK VENDOR CHECK$ DATE AMOUNT
HRA1 HOUSING & REDEV CHECKING
.00001 BRALEY CONSULTING SVCS 5483 06/09/04 10,000.00
.00002 BRALEY CONSULTING SVCS 5484 06/09/04 9,173.34
008667 DAHLGREN, SHARDLOW AND U 5485 06/09/04 4,582.40
000820 DORSEY & WHITNEY 5486 06/09/04 27,646.84
.00009 RADIX PRODUCT 5497 06/09/04 10,000.00
.00010 'RADIX PRODUCT 5488 06/09/04 10,000.00
.00003 RONALD BACKSTROM INS. 5489 06/09/04 10,000.00
.00004 RONALD BACKSTROM INS. 5490 06/09/04 10,000.00
.00005 VILLAGE PROPERTIES - 5491 06/09/04 10,000.00
.00006 VILLAGE PROPERTIES 5492 06/09/04 10,000.00
.00007 WAYNE MOSS AGENCY INC. 5493 06/09/04 10,000.00
.00008 WAYNE MOSS AGENCY, INC. 5494 06/09/04 10,000.00
HOUSING & REDEV CHECKING 131,402.58 ***
E H L E Rb.- "
& ASSOCIATES INC
® To: St.Anthony City Council and Housing and Redevelopment Authority(HRA)
Mike Momson—City Manager
LU From: Stacie Kvilvang& Sid Inman—Ehlers and Associates
Date: June 2,2004
Subject: Policy on Issuance of Revenue Bonds
Dominium has requested that the City and the City's Housing and Redevelopment Authority (HRA)
assist them in obtaining private activity revenue bonds from the State of Minnesota for the purposes of
developing 260 units of rental housing in the Northwest Quadrant Redevelopment Area. The City and
the HRA have assisted both rental housing developments and industrial developments with obtaining
these bond funds from the State in the past. However, the City and HRA have never had a formal
policy on what type and how much of a fee they would charge for assisting developers in pursuing
these types of bonds.
After discussions with the City Attorney and City Manager, it is recommended that the City and HRA
adopt a formal policy charging the following:
1. A one time issuance fee of one(1)percent of the principal amount of the bonds; and
2. The Applicant must pay all expenses of the City and HRA related to the issuance of such
revenue bonds,whether or not the revenue bonds are issued
Please contact me at 651-697-8506 if you have any questions.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555
Roseville,MN 55113-1105 skvilvang@ehlers-inc.com
HOUSING AND REDEVELOPMENT AUTHORITY OF ST.ANTHONY ®�
RESOLUTION NO. 04-008
RESOLUTION APPROVING POLICY FOR
ISSUANCE OF REVENUE BONDS
WHEREAS,the Housing and Redevelopment Authority of St.Anthony is authorized to issue
revenue bonds for various entities pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes,
Sections 469.152 to 469.165; and
WHEREAS, a number of cities have developed policies for the issuance of such bonds,which,
among other things, impose a fee based upon the principal amount of the revenue bonds issued payable
upon the issuance of such revenue bonds; and
WHEREAS,the Housing and Redevelopment Authority does not currently have a policy in place
for the issuance of such revenue bonds and the Housing and Redevelopment Authority believes it is in the
best interest of the Housing and Redevelopment Authority to adopt such a policy.
NOW,THEREFORE,BE IT RESOLVED by the Housing and Redevelopment Authority of the
City of St. Anthony,that the following policy shall apply to the issuance by the Housing and
Redevelopment Authority of revenue bonds pursuant to Minnesota Statutes, Chapter 462C or Section
469.152 to 469.165:
1. All expenses of the Housing and Redevelopment Authority related to the issuance of such
revenue bonds must be paid by the applicant,whether or not the revenue bonds are issued.
2. The Housing and Redevelopment Authority shall be under no obligation to issue any
such revenue bonds and reserves the right to decline to issue any such revenue bonds for any reason.
3. An issuance fee of 1% of the original principal amount of the revenue bonds shall be paid
to the Housing and Redevelopment Authority upon the issuance of the revenue bonds.
4. The issuance of such revenue bonds must not adversely.affect the ability of the Housing
and Redevelopment Authority to issue qualified tax-exempt obligations under Section 265(b)of the
Internal Revenue Code of 1986, as amended, for Housing and Redevelopment Authority purposes.
5. The Housing and Redevelopment Authority reserves the right to select bond counsel and
other consultants or advisors with respect to any revenue bonds,the fees and expenses of which shall be
paid by the applicant,whether or not the bonds are issued.
Adopted this 8'h day of June,2004.
Chair
ATTEST:
City Clerk
Reviewed for Administration:
Executive Director
` 9
EHLERI 06
& ASSOCIATES INC
® To: St.Anthony City Council and Housing and Redevelopment Authority(HRA)
Mike Momson—City Manager
LJ From: Stacie Kvilvang& Sid.Inman—Ehlers and Associates
Date: June 1,2004
Subject: Fannie Mae Loan—Northwest Quadrant Redevelopment
Overview
On December 19, 2003, the City Council and Housing and Redevelopment Authority(HRA) executed
a Development_Agreement with Apache Redevelopment LLC for the redevelopment of the above
referenced area. According to Section 12.11 of the Development Agreement, the City and/or HRA
would be securing an interim loan in the amount of$3,350,000 from Fannie Mae, to assist in acquiring
three (3) commercial properties where the for-sale housing would be developed. The City and HRA
conditioned the commitment to obtain these funds upon the following:
1. The City had received the Commercial Go Ahead Letter(Received)
2. The City had received the For Sale Housing Go Ahead Letter
3. The housing developer had documentation that they had obtained 20 percent of presales of the
units in the first building in Phase IA(13 units);
4. The Developer is not in default of the Development Agreement
The loan, as originally discussed with the City Council and HRA, was going to be paid back through
land sale proceeds and a General Obligation TIF bond issued-by the City/HRA when the development
was completed(within a three year period). Under this loan structure,Fannie Mae requires the City to
provide a collateral deposit with them consisting of 25 percent of the loan amount ($837,500). The
City was going to utilize its Water Filtration Funds for this deposit requirement (If the City was to
"back" the loan with their General Obligation taxing powers, no collateral would be required). In
addition, the loan was a full recourse debt to the City and they would need to pledge any.assets to
repayment of the loan.
After review of the loan documents by the City Attorney, it was determined that State Statutes would
not allow the City to pledge funds to a loan without it being considered a General Obligation.
Therefore, the loan documents are being redrafted to reflect this.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555
Roseville, MN 55113-1105 skvilvang @ehlers-inc.com
a y
®9
St.Anthony City Council and HRA
Fannie Mae Loan—Northwest Quadrant Redevelopment
June 1,2004 --
Page 2
Primary Issues to Consider:
1. How is this loan structure different from what was originally proposed?
2. What is the risk to the City/HRA in obtaining these loan funds and providing their General
Obligation taxing powers?
3. What are the terms of the loan agreement
Analysis of Issues:
I. How is this loan structure different from what was originally proposed?
The original loan structure anticipated that the City would borrow the funds,provide the necessary
collateral ($837,500 set aside for up to a three year term) and not provide its General Obligation
authority up front (less risk). The loan was going to be paid back as land sale proceeds were
received and then when the development was finished being constructed and paying taxes, the
City/HRA was going to pay off the remaining balance of the loan by utilizing its General
Obligation authority and issue a GO TIF bond. The GO TIF bond would then be repaid by tax
increment generated by the new development.
Under the new structure, the Cityd] A would be authorizing utilization of its General Obligation
taxing powers up front,which would not require the City/HRA to provide$837,500 in collateral for
the loan. This option would provide the City much more flexibility in completing other capital
improvement projects as defined by the City Council and HRA since it would not require tying up a
large sum of money for a three-year period. The loan will still be repaid as originally anticipated,
which is through land sale proceeds and through the issuance of a GO TIF bond when the
development is completed.
The City/HRA was always intending to pledge its General Obligation taxing powers to repay the
debt. The only difference between the two aforementioned loan structures is when the GO would
be required, meaning up front (more risk) before the development is constructed or after the
development is constructed(less risk).
2. What is the risk to the City/HRA in obtaining these loan funds and providing their General
Obligation tang powers?
The risk of obtaining these loan funds needs to be reviewed from two aspects:
1. Actually drawing down the loan funds; and
2. Repayment of the loan if it is drawn down
The risk under#1 is minimal since the City/HRA is not required to draw down any funds until the
developer has met certain presale and construction financing requirements. If the presale
r ,
®®
St. Anthony City Council and HRA
Fannie Mae Loan—Northwest Quadrant Redevelopment
June 1, 2004 - --
Page 3
requirement and proof of construction financing from a lending institution are met, it will provide
reassurance to the City and HRA that there is a market for the product the developer is constructing
and the corresponding price points they have set.
Under#2,the City and HRA were always at risk of repaying the loan if it was drawn upon. Again,
the loan was going to be repaid through land sale proceeds and a General Obligation T1F bond
when the development was finished being constructed. The City/HRA's only risk would be if the
developer for some reason did not move forward with the development after meeting the presale
and construction financing requirements or quit constructing the development half way (or at
another point) through construction. The likely hood of the developer not moving forward after
meeting the presale requirement is low since they have invested considerable dollars in completing
architectural drawings and plans for submittal to the City for approval, they have been working on
meeting the presale requirement and are nearing finalization of their construction financing.
That would leave the scenario in which the developer walks away from the development prior to
completing it. To analyze this risk the question that the City and HRA need to answer is: Would
the City move forward with acquiring this land for redevelopment if this developer defaults during
the construction phase? It is assumed that the answer to that is yes. The City and HRA have
committed extensive resources to assure that the Northwest Quadrant Redevelopment Plan would
be implemented. If the developer was to "walk away", the City and BRA would have the right to
the unfinished project and could select another developer to step in and finish the development, or
propose an alternative solution.
3. What are the terms of the loan agreement
Following are the loan agreement terms:
1. The loan is a non-revolving loan and the City&IRA can draw the funds down at anytime
2. Loan maturity is 36 months
3. The loan is taxable
4. Loan proceeds will be utilized to acquire and demolish property in the Northwest
Quadrant Redevelopment Area
5. Loan has a variable interest rate based upon the three (3) month LIBOR (currently 1.26)
plus 175 basis points (total of 3.01%). Interest rate is set on day of closing.
6. Interest rate will be reset quarterly on the first day of each calendar quarter (January 1,
April 1, July 1 and October 1)
7. Quarterly payments of interest to be paid in arrears on the fist day of each calendar quarter
and calculated on an actual/360 basis
' y
®9
St. Anthony City Council and HRA
Fannie Mae Loan—Northwest Quadrant Redevelopment
June 1, 2004
Page 4
8. Prepayment can occur at any time without penalty
9. Full repayment is expected in spring of 2007 when development is finalized. However,
the City/HRA can repay at anytime
10. Debt is General Obligation of the City
11. The City/HRA can not utilize any other Fannie Mae funds to repay the loan
12.. All legal fees of Fannie Mae to be paid by the City/HRA at closing (whether the loan
closes or not). Legal fees generally are between$2,500 and$5,000
13. City/HRA has to pay origination fee of 100 basis points at closing($33,500)
14. City/HRA is required to submit financial statements annually for Fannie Mae review until
the loan is repaid and submit the annual TIF reports required by the State of Minnesota
It should be noted that all out of pocket expenses incurred by the City/HRA will be reimbursed
by the Developer and/or through Tax Increment(TIF).
1®
RESOLUTION NO. 04-009
RESOLUTION AUTHORIZING EXECUTION OF
LOAN DOCUMENTS WITH FANNIE MAE
FOR$3,350,000 LOAN
WHEREAS, pursuant to Minnesota Statutes, Section 469.028 the City of St. Anthony (the "City") is
authorized to establish redevelopment projects in order to provide for the redevelopment of the City; and
WHEREAS, pursuant to Minnesota Statutes, Section 469.176, the City is authorized to finance the
public redevelopment costs of a redevelopment project with tax increment revenues derived from a tax
increment financing district established within such Redevelopment Project; and
WHEREAS, in connection with the Redevelopment Project, the City prepared and approved a tax
increment financing plan creating its Tax Increment Financing District No. 3-5 (the "Tax Increment District);
and
WHEREAS, on December 19, 2003 the City of St. Anthony and the St. Anthony Housing and
Redevelopment Authority (HRA) executed a Development Agreement with Apache Redevelopment LLC (the
"Developer") for the redevelopment of the area commonly referred to as the Northwest Quadrant (the
"Northwest Quadrant")
WHEREAS, according to Section 12.11 of the Development Agreement, the City and HRA agreed to
obtain short term financing from Fannie Mae for the purpose of acquiring certain commercial properties,
relocating the tenants and demolishing these properties located within the Northwest .Quadrant for
redevelopment; and
WHEREAS, the City of St. Anthony is authorized to obtain these loan funds and issue General
Obligation Tax Increment Bonds for purposes of repayment of these loan funds pursuant to Minnesota
Statutes, Section 469.178, subdivision 2.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority of the City
of St.Anthony as follows:
1. That the Executive Director and HRA Attorney are hereby authorized.to proceed with
negotiating the terms of this loan and to prepare necessary documents for execution by the HRA.
Adopted this 8th day of June,2004.
Chair
ATTEST:
City Clerk
Reviewed for Administration:
Executive Director
Apache Plaza Redevelopment May-04
Total Costs Since Inception
Payments from Developers:
HIIICrest Development $72,920.43
Met Council Grant $120,000.00
Pratt-Ordway $547.421.55
$740,341.98
Total Expenses $904,658.32 05131/2004
Cost to HRA ($164.316.341
Dahlgren
S ardlow Ehlers&Associates WSB&Associates Tracv Printina JMS Communications Northfleld Lines SEHIRCM Goodwin Comm Dorsey 8 Whitney LBH Enninners Lillie Suburban
$7,rg02112y f 10'OOt�" 52s 450 2,51^391'00 tT,Ogs290`. ;sue ! �' $455.87 $1,615.00 $2,062.50 $592.03 $27.90 _
i E3 337r8,1' _. "»$9'� °_ $ I1P (�f. 9 0 $1,743.93 $570.00 $1,483.00 $2,184.89
j002,6Q- 59`17,5Q 960 109 A.. �090:f 6800 $2,189.80 $1,140.00 $4,899.00 $4,545.67
$1 :138189 s�56'at ,4 8'2r { 4 4,0 $2,260.00 $848.00 $95.00 $1,742.50 $10,615.96
oe $i1�9 7, $1,320.00 $570.00 $5,194.90 $10,211.86
22 2 0 00 $190.00 $9,806.5D $10.779.16
570{8031p4 E2a9q,1,#73 E4� �+r a�09 i'(y0 $9,355.00 $1,425.00 $16,217.50 $38,929.57
r/0� g920✓ 3,5vrt 1103 jt`-1¢880 $1,045.00 $51,029.50 -
"' f3,A To 10(407-0- $49"3'` $1,995.00 $15,537.05
�58i�+b3 Q_ '� M5 100 0 -•1"ll� 1 20 $1,330,00 $23,517.41
337 B 2
L21,' 5'(33981 y 0 98.50 $1,141.12 $9,975.00 $4,071.90
51 $72,770.25,
490 $1,091.00 $1,434.25 $3,150.00
i$610 $2,662.50 $508.50 $13,434.45 $7.632.79
$�;7t7,g4 75 $3,750.00 $94.00 $16.412.53
.} 96�13 s $4,717.50 $188.00 $177,527.33
53754 23 $3,653.50 $106.00
1-t $4,065.00 $106.00
$1,645.50 $3,900.00 $2,088.20
$5,539.18 $4,385.63 $1,187.33
$9,796.85 $5,850.00 $4,571.50
$11,660.14 $6,052.50 $265.00 -
$2,359.63 $5,587.50 $1,814.00
$221.92 $637.50 $9,277.50
$1,733.97 $3,342.54 $160.00
$2,429.72 $2,287.50 $1,431.00
_ $6,387.25 $2,137.50 $318.00
$7,019.47 $7,275.00 $636.00
$740.48 $65625 $336.00
$552.29 $7,156.25 $8,427.75
$1,785.63 $2,816.25 $266.40
$239.25 $8,362.50 $4,310.50
$251.11 $2,318.75 $953.75
$1,356.22 $3,360.00 $9,111.75
$1,828.75 $6,168.75 $21.628.30
$2,479.50 $9,000.00 $381.50
$7,695.92 $22,256.25 $218.00
$18,69520 $1,968.75 $163.50
$61.00 $393.75 $218.00 _
$7,280.49 $17,940.00 $944.75
$10,54322 $6,045.00 $109,150.96
$1,426.07 $8,812.50
$2,395.56 $150.00
$2,066.58 $4,895.50
$695.95 $8,115.00
$773.45 $12,712.50
$4;461.38 $2,53625
65807 $1,560.00
$295,371.19 $375.00
$5,600.00
$2,778.75
$187.50
$600.00
$1,500.00
$4,50625
$300.00
$1,662.50
$10,702.50
$150.00
$2,193.75
5.00
$247,839.12
Pratt-Ordway $547,421.55
Shaded Area Represents Before Pratt-Ordway Agreement Less:Expenditures ($642.114.17)
Retainage Balance ($94,692.62)
Invoices Paid
5/31/2004
Pubic Works Building Fire Station
Funding Funding
F.M.Fratalone Excavating $73,524.30 $2,400,000.00 Belair Builders,Inc. $59,381.65 $1,700,000.00
Nova Frost,Inc. $18,810.00 $157,000.00 Nova Frost,Inc. $28,215.00 $500.00
Kraus Anderson-Reimburseables $59,260.00 $600.00 Belair Builders,Inc. $26,041.40 $57.250.00
WSB&Associates $1,453.00 $81.150.00 Kraus Anderson-Reimburseables $42,160.00 $1,757,750.00
WSB&Associates $522.25 $2,638,750.00 Braun Intertec Corp. $1,600.00
WSB&Associates $119.00 WSB'&Associates $1,453.00
Braun Intertec Corp. $901.00 WSB&Associates $522.25
Braun Intertec Corp. $2,740.00 WSB&Associates $119.00
Fabcon,Incorporated $128,723.10 Mid-Mn Wire&Mfg.Inc. $10,551.01
Gresser Companies,Inc. $59,955.00 Belair Builders,Inc. $1,778.00
CD Tile&Stone $342.00 2004 Red Pine Industries $4,800.00
F.M.Fratalone Excavating $23,831.70 Retrofit Recycling $8,425.00
Fabcon,Incorporated $52,351.65 Braun Intertec Corp. $1,638.90
Gresser Companies,Inc. $15,352.00 Braun Intertec Corp. $4,500.00
SGO Roofing&Construction $1,738.50 Belair Builders,Inc. $12,318.65
Thumsbeck Steel Fabrication $4,079.30 Hennepin County-Permit $200.00
United Stales Mechanical $23,348.15 Thumbeck Steel Fabrication $781.85
Kraus Anderson-Reimburseables $20,825.00 Twin Cities Aucoustics,Inc. $95.00
Kraus Anderson-General Conditions $10,130.00 Belair Builders,Inc. $21,759.75
White Bear Electric $4,750.00 Bredemus Hardware $2,470.00
ACG,Inc. $2,125.15 Gresser Companies,Inc. $41,135.00
F.M.Fratalone Excavating $134,152.35 Honda Electric $11,685.00
Faboon,Incorporated $33,951.10 Kraus Anderson-Reimburseables $24,075.00
Kraus Anderson-Reimburseables $5,350.00 Kraus Anderson-General Cond $1,115.00
Kraus Anderson-General Conditions $4,605.00 Steenberg-Watrud Construction $28,975.00
M.Reinert Drywall,Inc $10,450.00 Thumbeck Steel Fabrication $18.202.95
Red Cedar Steel Erectors $16,150.00 Total $353,998.41
SGO Roofing&Construction $53,794.70
Thumsbeck Steel Fabrication $53,604.70
Unted States Mechanical $24,827.30 Funding
Viking Automatic Sprinkler $4,750.00 Purchase 3501 Silver Lake Road $243,740.43 $500,000.00
ADB Costruction $28,500.00 Purchase 3505 Silver Lake Road $248,580.20
Bredemus Hardware $15,912.50 Dorsey&Whitney $1,071.00
CenterPoint Energy $7,544.06 Dorsey&Whitney' $2,157.25
Ebert Construction $68,875.00 Xcel Energy $12.23
Fabcon,Incorporated $12,268.15 Xcel Energy $12.67
Kraus Anderson-Reimburseables $17,822.00 Xcel Energy $12.34
Kraus Anderson-General Conditions $20,150.00 Xcel Energy $12.41
M.Reinert Drywall,Inc. $12,350.00 Xcel Energy $12.34
Red Cedar Steel Erectors $7,600.00 Total $495,610.87
SGO Roofing&Construction $25,935.00
Spicer Construction $14,725.00 Funding
Twin City Garage Door $8,266.00 Oertel Architects $14,000.00 $340,000.00
United States Mechanical $83,555.35 Oertel Architects $60,066.17
Viking Automatic Sprinkler $8,075.00 Cartel Architects $75,566.07
ACG,Inc. $29,757.80 Oertel Architects $115,000.00
ADB Costruction $124,901.25 Oertel Architects $30.000.00
CenterPoint Energy $5,418.78 Total $294,632.24
.Ebert Construction $21,375.00
Kraus Anderson-Reimburseables $3,300.00
Kraus Anderson-General Conditions $8,075.00 Funding
M.Reinert Drywall,Inc. $11,400.00 Kraus Anderson-CM Fee $16,720.00 $126,000.00
United States Mechanical $152,336.30 Kraus Anderson-CM Fee $20,600.00
Viking Automatic Sprinkler $8,702.00 Kraus Anderson-CM Fee $22,000.00
White Bear Electric $41,344.00 Kraus Anderson-CM Fee $25,950.00
T.C.Field-Builders Risk Insurance $589.00 Kraus Anderson-CM Fee $10,000.00
ACG,Inc. $11,719.06 Kraus Anderson-CM Fee $10.000.00
Bredemus Hardware $3,766.75 Total $105,270.00
CD Tile&Stone $10,820.50
Kraus Anderson-Reimburseables $21,000.00
Kraus Anderson-General Conditions $5,420.00
M.Reinert Drywall,Inc. $5,420.00
Steinbrecher Painting $7,267.50
Thurnsbeck Steel Fabrication $152.00
Twin City Garage Door $16,532.00
United States Mechanical $91,557.20
Viking Automatic Sprinkler $13,908.00
White Bear Electric $116,151.75
CenterPoint Energy $2,274.75
ACG,Inc. $746.03
ADB Costruction $31,903.85
CenterPoint Energy $264.43
Fabcon,Incorporated $1,487.80
Gresser Companies,Inc. $3,183.45
Kraus Anderson-Reimbursables $19,035.00
Kraus Anderson-General Conditions $1,705.00
Red Cedar Steel Erectors $5,870.05
SGO Roofing&Construction $5,179.40
Spicer Construction $64,045.20
Twin City Garage Door $15,580.80
White Bear Electric $30,590.00
Willoughby Enterprises,Inc. $16.476.80
Total $2,087,370.76
Public Facilites Project May-04
Appropriation: $5,687,000.00 -
Hard Costs: 4/30/2004
Expenditures Balance
Public Work Building $2,557,000.00 $2,086,781.76 $470,218.24
Builders Risk $600.00 $589.00 $11.00
Contingency - Public Works $81,150.00 $0.00 $81,150.00
Total $2,638,750.00 $2,087,370.76 $551,379.24
Fire Station $1,700,000.00 $353,998.41 $1,346,001.59
Builders Risk $500.00 $0.00 $500.00
Contigency - Fire $57,250.00 $0.00 $57,250.00
Total $1,757,750.00 $353,998.41 $1,403,751.59
Soft Costs:
Land Acquisition $500,000.00 $495,610.87 $4,389.13
Architect-Oertel $340,000.00 $294,632.24 $45,367.76
Construction Manager- K/A $126,000.00 $105,270.00 $20,730.00
Bond Issuance Costs:
Issuance Costs $74,000.00 $73,796.00 $204,.00
Bond Insurance $64,000.00 $64,000.00 $0.00
Capitalized Interest $109,000.00 $0.00 $109,000.00
Bond Discount $77,500.00 $77,420.00 80.00
Total $1,290,500.00 $1,110,729.11 $179,770.89
Public Facilities -Totals $5,687,000.00 $3,552,098.28 $2,134,901.72
Temporary Facilities/Fire
Tires Plus Lease Payments $55,500.00 $0.00. $55,500.00
Construction 70/Lease Payment $50,000.00 $61,700.00 ($11,700.00) .
Garage Door Modification $5,000.00 $5,000.00 $0.00
Phone Cabling $500.00 $755.00 255.00
$55,500.00 $67,455.00 -$11,955.00
PUBLIC HEARING AND/OR OPEN FORUM
PLEASE SIGN BELOW IF YOU WISH TO SPEAK AT A PUBLIC
HEARING AND/OR OPEN FORUM ON
Name Address
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2304 Central Avenue NE
Minneapolis, MN 55418
(612)788-9003(voice) (612)788-3299 (fax)
June 3, 2004
Mary Bonneville
2801 Hilldale Ave.
St. Anthony, MN 55418
I am writing to apologize for the error that was printed in today's Northeaster. I am
sending a copy of this letter to St. Anthony city officials.
As you know, today's Northeaster carried a reference to your letter to the editor that
was printed in the May 20 Northeaster. Today's article incorrectly paraphrased your
letter in a sentence that read:
She claimed the city has a history of driving out small businesses, and has
incurred numerous lawsuits charging it with sexual, racial or disability
discrimination."
The passage should have read, "She claimed the store has a history of..."
The article was submitted by Gail Olson, and was reviewed and revised by both
Kerry Ashmore and Margo Ashmore, as is our common practice. Throughout that
process, the word "store" was in its proper place and the reference to your letter was
accurate. At this point, I am not able to offer you a logical explanation for why or how
the word "city" was substituted for the word "store." The passage is six lines away
from any copy that we know was altered after the abovementioned editing process,
and we can't think of any reason to have paid special attention to the word"store."
I realize that you.have "stuck your neck out" on this issue, in opposition to city
officials, and I very much respect and admire you for that. I also realize that the
printed passage makes it appear that you are leveling untrue allegations against the
city, which is hurtful to all concerned and damages credibility on all sides.
Our goals always are to provide correct information and to help the community. With
this error, we have failed in both areas. Our mistake was not intentional, and I am
truly sorry that it happened. I offer no excuses for it. We will print a detailed
correction in the June 17, 2004 Northeaster. I am willing to meet with you and
anyone who has further concerns about this, and I am willing to print a letter from
you etailing your perspective.
e �
erry Ashmore
Publisher