HomeMy WebLinkAboutPL PACKET 12182001 Meeting Sheet
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Folder: PL PACKETS 2000-2004
Document: PL PACKET 12182001
AGENDA
PLANNING COMMISSION MEETING OF DECEMBER 18, 2001
CITY OF ST. ANTHONY, MINNESOTA
7 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. PUBLIC INPUT
The public may speak at this time on any planning and zoning related matters of a general
nature. However, there will not be any discussion or action by the Commission at this time.
6. MEETING MINUTES
6.1 Review/Approval of Planning Commission Minutes of November 20, 2001
7. COMMUNICATION WITH CITY COUNCIL
7.1 Designate a Planning Commission Member to the City Council regular meeting of
January 8, 2002
8. PUBLIC HEARINGS
8.1 Village North, LLP, 2801 37th Avenue Northeast: Conditional use permit for packaging of
wax and other components into candle products.
8.2 City of St. Anthony: Require business license for therapeutic massage parlors and
amend Zoning Ordinance Section 3.1635.02(eee).
S. INFORMATION AND DISCUSSION
. 9.1 Review Budget Amendment for Tax Increment Financing (TIF) District
9.2 Point of Sale Housing Code Update
9.3 Northwest Quadrant Redevelopment Update
10. ANNOUNCEMENTS
11. ADJOURNMENT
ATTENTION PLANNING COMMISSIONERS:
IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CONTACT SUE HENRY AT
612-789-8881.
I CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 November 20, 2001
4 I. CALL TO ORDER
5 Chair Melsha called the meeting to order at 7:01 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
8 III. ROLL CALL.
9 Commissioners present: Chair Melsha; Vice Chair Stille; Commissioners
10 Hanson, Steeves,Tillman and Thomas.
11 Commissioners absent: Commissioner Hatch.
12 Also present: Assistant City Manager Susan Henry.
13 IV. APPROVAL OF AGENDA.
14 Motion by Chair Melsha, second by Commissioner Hanson,to approve the meeting
15 agenda.
16 Motion carried unanimously.
17 V. PUBLIC INPUT.
18 Hearing none, Chair Melsha moved forward with the agenda.
19 VI. MEETING MINUTES.
20 5.1 Review/Approval of Planning Commission Minutes of September 18, 2001.
21 Motion by Commissioner Thomas, second by Commissioner Hanson, to approve
22 the Planning Commission Minutes of September 18, 2001.
23 Motion carried unanimously.
24 VII. COMMUNICATION WITH CITY COUNCIL.
25 6.1 Designate Planning Commission Member to the City Council regular meeting of
26 November 27, 2001.
27 Chair Melsha stated that he was available to attend the City Council regular
28 meeting of November 27, 2001.
29 VIII. PUBLIC HEARINGS.
30 7.1 Village North, 280137'Avenue Northeast,Amend the City Ordinance under
31 Light Industrial manufacturing permitted uses to include the use of wax in the
32 production of candles and the production of home fragrance products.
33 Susan Henry indicated that Ken Solie, Village North LLC and property owner of
34 the light industrial building located at 280137'Avenue Northeast, was
35 requesting an ordinance amendment to the Light Industrial section of the City
36 Ordinance to include the use of wax in the production of candles and the
37 production of home fragrance products.
38 Henry continued by providing the Commission with some background. She
39 stated that Ken Solie had located a client, Essenco LLC, who would like to move
Planning Commission
November 20, 2001
Page 2
1 into the space. Essenco primarily manufactures decorator candles for home use,
2 Henry stated, and they produce home fragrance products in small quantities. She
3 continued that, according to St. Anthony City Ordinance under Light Industrial,
4 both type of manufacturing processes are not included in the list of permitted
5 manufacturing uses.
6 Henry stated that Essenco's manufacturing process involves melting the wax with
7 hot water heat source and transferring the wax in glass containers. Essenco has
8 stated no residual or waste wax is disposed of. She added that City Staff has been
9 told by Essenco that there is not any pollution emitted by the facility and it is
10 entirely consumed back into the product.
11 Henry indicated that the City of St. Paul, where Essenco has been located,
12 includes wax as a raw material under the Light Industrial zoning district. Henry
13 added that it does not seem like a stretch to include it in the St. Anthony City
14 Ordinance, given the other permitted manufacturing processes that are allowed.
15 Ken Solie came forward and stated that he had nothing to add to his original
16 statement, but was happy to answer any questions.
17 Commissioner Thomas asked what Mr. Solie what he would do if that Planning
18 Commission were to approve this change,and, eventually, there were residents
19 that complained about allergies to the fragrances associated with the wax. Mr.
20 Solie indicated that they would do whatever it takes'to eliminate any odor, but
21 stated that they would probably not experience that because of the ventilation
22 system. He added that carbon filters,and/or additional ventilation systems, could
23 be used to alleviate any fragrance problem.
24 Steven Levitus, President of Essenco, came forward to address questions. Chair
25 Melsha asked for Mr. Levitus to briefly explain the process of his business to the
26 Planning Commission specifically,the manufacturing process. Mr. Levitus stated
27 that it is a very simple process: the purchase of wax in large slabs which is then
28 placed into larger containers to melt them with a hot water boiling system,color
29 and fragrance oils are added to the containers,the wax is then dumped into
30 automatic filling machines which then pour the wax into,primarily,glass
31 containers,etc. He added that the final product is shipped out within a week of
32 being manufactured.
33 Chair Melsha asked about the manufacturing of the fragrance. Mr. Levitus stated
34 that they do not manufacture the fragrance, but that it comes in five,ten,or fifty-
35 gallon drums. He stated that they put the fragrance into the process at a very low
36 concentration in relation to the wax(about two to five percent). Mr. Levitus
37 continued that, like the wax,the fragrance cools within fifteen minutes and is
38 fully consumed on the premises.
39 Commissioner Hanson asked if Essenco was currently located near a residential
40 area in St. Paul. Mr. Levitus stated that they were in a mixed area, one that is
41 being redeveloped.
Planning Commission
November 20, 2001
Page 3
1 Vice Chair Stille asked if he has ever had any problems with employees being
2 unable to work for reasons associated to the fragrance. Mr. Levitus stated
3 through hundreds of employees over an eight-year period,no one has ever been
4 sick from the fragrances:
5 Commissioner Steeves asked what other types of manufacturing processes use
6 wax. Mr. Levitus stated that wax was used to coat cheeses, and in the cosmetics
7 industry.
8 Chair Melsha asked Mr. Levitus about any other options of candle-making that
9 were more environmentally safe. Mr. Levitus indicated that the process that they
10 use is the most commercially, and environmentally safe way to make candles.
11 Resident Doug Tanner, 2206 St. Anthony Parkway,expressed his concern about
12 the property across the street from the discussed location, where he lives. He
13 stated that in the early 90's,there was a bad smell associated with the product that
14 was manufactured there. He added that residents from the area took the proper
15 steps, which eventually led to calling Pollution Control. Pollution Control
16 essentially told them that they were not going to die from the smell,or the
17 contents.
18 Mr. Tanner added that he would be very concerned about an odor coming from
19 the area that did not cause allergies, nor head-aches, but was a nuisance. His
20 concern was that, if there was an odor coming from the manufacturing plant,
21 would it be fixed, and would the city be pro-active in helping to eliminate the
22 odor.
23 Resident, Steve Valuk, 2614 37'Avenue Northeast, stated that he and his wife
24 have been renovating their home, and are concerned about the potential odor,
25 which would diminish the value of their home. He stated that his main concern
26 was with the smell, and associated problems.
27 Resident, Dave Zurbey, also lives close to the plant, and was also concerned with
28 the odor, as well as the sewer system. Mr. Levitus stated that there is no excess
29 wax in the process,thus, zero effect on the sewer system.
30 Resident, Jerome Shaddrick, 2510/2508 37'Avenue Northeast,also lives across
31 form the property. He stated that he has worked with an electrical contractor and
32 has had some experience with candle manufacturing. He stated that no matter
33 how many filters they put on the equipment,there is still an odor that is produced
34 and cannot be contained.
35 Resident, Mary Jo Pollak, lives across the street from the area. She stated that she
36 unpacks candles as part of her job and that the smell is strong and lasts for a very
37 long time.
Planning Commission
November 20, 2001
Page 4
1 Commissioner Thomas asked if there was another part in the statutes that deals
2 with nuisance odors. Henry stated that she did not know of one off--hand.
3 Chair Melsha stated that the greatest concern of the city at this point was the odor.
4 . He stated that there was not a lot that they could do if they amended the ordinance
5 and the problems associated with strong odor were present. He suggested that a
6 applying for a conditional use permit was in everyone's best interest.
7 Mr. Solie stated that he was happy to apply for a conditional use pennit, as he
8 does not want to cause any problems,nor offend the residents of the City of St.
9 Anthony.
. 10 Mr. Tanner further expressed his concern that the smell would permeate the area,
11 and really become a problem.
12 The residents, Mr. Solie and Mr. Levitus, discussed the operation and the concern
13 of the odor, as well as the next step in the process.
14 Commissioner Tillman asked if Henry was aware if there was a specific reason
15 why wax was omitted from the ordinance. Henry stated that she had not done any
16 of the research,thus, did not know.
17 Mr. Solie indicated that some of the ordinances in other cities addressed�the
18 specific area of odor. He stated that, in this case, it was unlikely that the
19 ordinance for the City of St. Anthony included wax in their ordinance.
20 Chair Melsha closed the public hearing at 7:40 p.m.
21 Commissioner Steeves shared his experience with a paint plant in the City of
22 Minneapolis. He added that, when the paint.plant fires up their plant,there is a
23 tremendous odor that is produced, and that it is quite a sore spot among residents
24 in the area.
25 Commissioner Steeves stated that he would support the idea of a conditional use
26 permit for the discussed property, because it-would have given the City of
27 Minneapolis the opportunity to withdraw that conditional use,averting many of
28 the complaints.
29 Chair Melsha suggested that they flush out any other concerns with the
30 conditional use permit.
31 Vice Chair Stille stated that he also supported the conditional use permit. He
32 added that considering the addition of wax as a conditional use does not mean that
33 Essenco would occupy that space. He added that there are certain things that they
34 cannot stop, as it is a light industrial district.
Planning Commission
November 20, 2001
Page 5
1 Commissioner Tillman stated that she also supported the conditional use permit
2 route. She added that a conditional use permit would give them the clout to solve
3 a problem, should one arrive.
4 Chair Melsha stated that they were denying the amendment, and suggested that
5 they request a conditional use permit.
6 Mr. Solie sought clarification in the process of applying for a conditional use
7 permit. Henry stated that she would connect with him and guide him through the
8 process.
9 City Councilmember Brian Thuesen came forward to express his wish that the
10 conditional uses become measurable to the Council (hours of operation, odor
11 assessment). He added that, if they continue down this path,that there was
12 certainly some possibility.
13 Commissioner Hanson asked if it would be appropriate for the Planning
14 Commission and/or the residents to tour the factory. He added that a tour would
15 help them to alleviate some of the concerns that have been expressed this evening.
16 Mr. Levitus stated that anyone was welcome to tour his facility.
17 Motion by Chair Melsha, second by Vice Chair Stille,to recommend the denial of
18 the petition to amend the light industrial district to include the use of wax in the
19 production of candles and the production of home fragrance products.
20 Alternatively, the Planning Commission recommends to the City Council,
21 consideration of amending the light industrial zoning district to allow for those
22 uses as a permitted conditional use.
23 Motion carried unanimously.
24 7.2 The Village Blend, 2900 Pentagon Drive, Conditional Use Permit for the sale of
25 beverages for consumption on the premises and a restaurant located less than 250
26 feet from a residential district.
27 Henry indicated that the applicant plans to occupy the former Hennepin County
28 Library space in the St. Anthony Shopping-Center, located at 2900 Pentagon
29 Drive.
30 Henry stated that the request by Village Blend was two-pronged: to sell beverages
31 for consumption, including wine, on the premises; in addition, it is located within
32 250 feet of a residential district. According to the City Ordinance,the stated uses
33 are allowed within a permitted conditional use permit in the Commercial zoning
34 district. In addition,Henry indicated that the applicant would need to obtain an
35 on-sale wine license from the City Council.
36 Henry continued, stating that, according to City Ordinance, in order to serve wine
37 and get an on-sale wine license, the establishment must be considered a
38 "restaurant." The City Ordinance states a restaurant should accommodate seating
Planning Commission
November 20, 2001
Page 6
.1 for 50 persons while the State Statute says seating should be for 30 persons,thus
2 the applicant meets the condition on seating.
3 Henry indicated that, in order to serve wine, another requirement is the
4 establishment must regularly serve meals that are prepared on the premises. The
5 applicant plans to offer a light menu of sandwiches,pastries, and desserts from
6 6:00 a.m. until closing.
7 Henry added that one question that the City Attorney asked of the Village Blend
8 Cafes' request was to the definition of a restaurant and the offerings on the menu
9 in the context of serving wine. In a recent case, it was determined that preparing
10 and serving coffee and dessert does not constitute preparing and serving a meal.
11 The conclusion was reached because the word"meal"refers to a group of food
12 items that include a main course, and frequently includes a beverage,dessert and
13 other food items.
14 Henry stated that, since Village Blend plans to serve sandwiches and pastries,
15 perhaps that it enough to constitute a_meal. In addition to wine, Henry continued,
16 other beverages to be offered at the Village Blend Cafe include coffee and
17 smoothies.
18 Henry indicated that, overall,the Village Blend Cafe concept fits with the City
19 Ordinance.
20 Commissioner Hanson wondered, if Village Blend Cafe did not qualify as a
21 restaurant, would they need to look at a conditional use permit.
22 Tom Brever stated that the issue was to have a license for the on-sale wine. He
23 stated that the Pavelkas propose to serve food (sandwiches, soups,pastries,
24 coffees). He added that the question was whether or not it was a conditional use
25 situation.
26 Mr. Brever continued that,because of the unique location of the property(located
27 within 250 feet from a residential district),they are requesting a conditional use
28 permit.
29 Chair Melsha stated that there are two conditional uses,but the liquor conditional
30 use does not require the Planning Commission to define that Village Blends Cafe
31 is a restaurant. Henry stated that was true.
32 Don and Kim Pavelka, the property owners, came forward to express the reason.
33 for their vision for a gathering place for the residents of St. Anthony. He added
34 . that they wanted Village Blends to meet the needs of residents providing them
35 with a place to meet for a cup of coffee during the day, and dessert and a glass of
36 wine at night.
Planning Commission
November 20, 2001
Page 7
1 Commissioner Hanson asked if they had done a market survey for the Village
2 Blends Cafd. Mr. Pavelka added that it was difficult to take a market survey
3 because it is difficult to determine who, exactly, will patron the Cafd.
4 Mr. Brever distributed a handout containing the mission, location, hours.and -
5 menu of the proposed Village Blend.
6 Commissioner Hanson asked about how important the sale of a glass of wine was
7 to the livelihood of their coffee shop. Mr. Bradford responded that, in order to
8 make a decent profit, they needed to sell items with a higher profit margin, such
9 as wine and desserts.
10 Mr. Pavelka indicated that they have been discussing the idea of the coffee shop
11 for years, and that the right space was difficult to come by. He added that the
12 proposed space was a bit larger than they were hoping for, but would allow for
- 13 them to house book-club meetings, impromptu community meetings, and a low-
14 level talent night.
15 Commissioner Hanson stated that a nice feature with the proposed location was
16 the opportunity for outdoor seating. Mr. Pavelka added that they hoped that
17 would be attractive.
18 Chair Melsha asked about the hours of wine service. Pavelka stated thavit was
19 still loose, but they were thinking about 5:00-5:30 p.m. to close. He added that
20 they were not going to have a happy hour, nor any intentions of competing with
21 the Stonehouse.
22 Commissioner Hanson asked what the initial response was from City Council
23 regarding the sale of wine. Mr. Brever stated that they have not encountered any
24 objections at this point.
25 Resident John Kufus, who lives directly behind the library,asked if there would
26 be any live entertainment. Mr. Pavelka indicated that any entertainment would be
27 extremely low-key.
28 Commissioner Hanson asked if they were looking to change the front fagade very
29 much. Mr. Pavelka stated that they would keep the exterior of the building
30 largely how it currently exists. He added that internal changes would be minimal,
31 and were yet to be determined.
32 Chair Melsha closed the public hearing at 8:15 p.m.
33 Chair Melsha stated that he thought it was a great idea that will only help to bring
34 people to the area.
35 Vice Chair Stille stated that he was also in favor of the coffee shop, but asked for
36 clarification on the role of the Planning Commission. Chair Melsha indicated that
. Planning Commission
i November 20, 2001
Page 8
1 they were considering a conditional use of a restaurant because it was within 250
2 feet of a residential zoning district,and beverages for consumption.
3 Commissioner Thomas expressed his position of being in favor of the Cafe.
4 Motion by Chair Melsha, second by Commissioner Tillman,to recommend
5 approval for the Conditional Use Permit with the following conditions:
6 • Hours of operation: Sunday through Thursday, 6:00 a.m.to 10:00 p.m.
7 Friday, 6:00 a.m. to 12:00 a.m.
8 Saturday, 7:00 a.m. to 12:00 a.m.
9 • Hours of liquor service: 5:00 p.m.-closing each night.
10 • Noise should not be audible from outside of the building at any time.
11 • Compliance with the signage requirements imposed by the lease of the
12 Shopping Center and any other applicable city requirements related to signage
13 in the Shopping Center.
14 • Conditional Use Permit subject to revocation for any violation of city or state
15 laws'relating to liquor or wine sales.
16 Motion carried unanimously.
17 8.3 Michele Rae/Curves for Women,2500 Highway 88, Conditional Use Permit for a
18 Health Club/Women's Fitness Center.
19 Henry reviewed the request for the Conditional Use Permit, and stated that the
20 area is zoned commercial. She added that Michele Rae's request for a women's
21 fitness center/health club is allowed in Commercial zoning district by a
22 Conditional Use Permit.
23 Henry indicated that Ms. Rae intended to occupy the first two sections of the
24 office complex at 2500 Highway 88. She added that the Commission may wish
25 to set hours of operation for the franchise.
26 Henry indicated that The Curves for Women is a national franchise that has
27 several locations throughout the Twin Cities, and offers a 30-minute fitness and
28 weight loss program designed for women.
29 Henry indicated that staff recommends approval of the applicant's request.
30 Michele Rae came forward and reviewed the philosophy of the Curves for
31 Women national franchise program and stated that there are many women who
32 are more comfortable exercising in the company of women.
33 Commissioner Tillman stated that she had visited one of the other Curves for
34 Women and asked Ms. Rae to explain the particular fitness program that is Curve
35 for Women. Ms. Rae stated that there are eight different hydraulic machines, and
36 the music cues in the fitness center cues people to rotate on the machines every
37 thirty-five seconds.
Planning Commission
November 20, 2001
Page 9
1 Commissioner Hanson stated that the owner and general manager of the Fitness
2 Crossroads Fitness Center check blood-pressure and perform other procedures of
3 potential clients in order to ensure the safety of their patrons. He asked if Curves
4 for Women had any specific criteria for.potential members to meet. Ms. Rae .
5 stated that there is a great deal of training that she has yet to receive from the
6 headquarters in Texas,but that she was not familiar with any similar process.
7 Chair Melsha asked when she would open her business. Ms. Rae stated that,
8 although things have taken much longer than she anticipated, she hoped to open
9 in January of 2002.
10 Commissioner Hanson asked about staff and hours of operation. Ms. Rae.
11 responded that beginning hours of operation were directed by corporate and were:
12 • 9:00 a.m. to 12:00 p.m., Monday through Saturday
. 13 • 4:00 p.m. to 7:00 p.m., Monday through Friday
14 She added that,as business expands,the hours may also expand.
15 Chair Melsha stated that they would need to come up with hours of operation to
16 be included in the conditional use permit, and that the Commission would look to
17 Ms. Rae for guidance. Ms. Rae indicated that she could set hours based on some
18 of the other franchises.
19 Chair Melsha reviewed the hours of Fitness Crossroads, and asked Ms. Rae if
20 they were adequate for her needs. Ms. Rae indicated they were more than
21 adequate.
22 Commissioner Tillman asked where she was expecting her clientele to come
23 from. Ms. Rae stated, because it is such a manageable program, it accommodates
24 all lifestyles.
25 Commissioner Thomas asked if she would be selling any products at her facility.
26 Ms. Rae indicated that it would be minimal,perhaps vitamins and t-shirts.
27 Commissioner Thomas asked about locker room facilities. Ms. Rae responded
28 that most women do not take the time to shower after their workouts at the
29 facility.
30 Commissioner Tillman asked about membership fees. Ms. Rae indicated that the
31 monthly fee was$30.00 and that members could join on either an annual basis, or
32 a month-to-month basis.
33 Chair Melsha closed the public hearing at 8:30 p.m.
34 Vice Chair Stille stated that, because the establishment poses no threat to other
35 businesses in the area, he recommended that they attach the same conditional uses
36 that the Fitness Crossroads Fitness Center received.
Planning Commission
November 20, 2001
Page 10
1 Commissioner Hanson stated that his only concern was with the fact that people
2 at Fitness Crossroads were trained in CPR and other safety and welfare areas.
3 Ms. Rae stated that she would look into how those things are handled by her
4 corporate headquarters.
5 Commissioner Steeves stated that he understood Commissioner Hanson's
6 concern, but was not comfortable making medical training a conditional use.
7 Vice Chair Stille stated he was in agreement with Commissioner Steeves.
8 Chair Melsha asked the Commission for any additional comments.
9 Motion by Vice Chair Stille, second by Commissioner Steeves,to recommend
10 approval of the conditional use permit request for a Curves for Women at 2500
11 Highway 88, subject to the following conditions:
12 • Hours of operation will be from 5:00 a.m. to 11:00 p.m., Monday through
13 Friday, and 7:00 a.m. to 10:00 p.m., Saturday and Sunday.
14 • Compliance with all other laws and regulations, including those of the
15 city, county, state and other regulatory bodies.
16 • Conformance with any sign criteria as established by the association,or
17 otherwise by law.
18 Motion carried unanimously.
19 8.4 City of St. Anthony, Add to Chapter 16, Zoning and Land Use, to include Section
20 1680- Wireless Telecommunication Towers and Facilities and Repeal Section
21 1160- Antennas and Towers under Chapter 11. Penal Regulations.
22 Henry stated that the City of St. Anthony is requesting to add to Chapter 16,
23 Zoning and Land Use a new section, Section 1680: Wireless Telecommunication
24 Towers and Facilities,and repeal Section 1160: Antennas and Towers under
25 Chapter 11,Penal Regulations.
26 Henry indicated that the Planning Commission reviewed the ordinance in its
27 entirety at its September 18, 2001 meeting.
28 Henry stated that the new ordinance is comprehensive and establishes building -
29 and design standards and placement.
30 Henry added that the City Attorney's office has eliminated and/or combined the
31 language found in Chapter 11 (Section 1160). She stated that the language
32 pertaining to dish antennas was integrated into the new wireless ordinance.
33 Henry stated that staff recommends approval.
34 Commissioner Thomas asked if this was the new version of the
35 Telecommunications Overlay District. Chair Melsha stated that it was the new
36 version. Commissioner Thomas clarified that the intent was to direct
37 Telecommunications monopoles to certain sections of the city. Chair Melsha
Planning Commission
November 20, 2001
Page 11
1 added another intent was to establish a uniform set of standards for construction
2 of towers or other WTFs.
3 Chair Melsha added that'he felt that the new ordinance was much more
4 comprehensive than the old ordinance.
5 Chair Melsha asked about the right to escrow some money,and if Henry had any
6 information from other cities and their guidelines. Henry stated she had no
7 information at this time,but would be able to attain a reasonable number for when
8 they meet with the City Council.
9 Motion by Chair Melsha, second by Commissioner Hanson, to recommend the
10 adoption of Section 1680: Wireless Telecommunication Towers and Facilities,
11 and repeal Section 1160. The purposes are set forth in the original ordinance in
12 section 1680.02: The purpose of this Section is to regulate the placement,
13 construction, and modification of Towers and WTFs in order to protect the health,
14 safety, and welfare of the public,while at the same time encouraging the
15 development of the competitive wireless telecommunications marketplace in the
16 City.
17 Motion carried unanimously.
18 Councilmember Thuesen asked if the Planning Commission had any questions of
19 him before he left for the evening.
20 Commissioner Thomas asked why they decided to forego public applications for
21 the City Council seat that was given to Jerry Faust. Councilmember Thuesen
22 stated that he felt that the City Council was in a unique situation at this time and
23 that they needed someone with experience and know-how, which Jerry Faust
24 possesses.
25 Councilmember Thuesen added that Mr. Faust has a great deal of knowledge and
26 experience which will aid the Council in the many issues that they currently have
27 on hand.
28 Commissioner Tillman asked why Councilmember Thuesen did not think they
29 could accomplish the same thing going through an interview process.
30 Councilmember Thuesen stated that he felt there would be a sort of dog-and-pony
31 show associated with the last public election. He added that he felt that they had
32 the right person at the right time and acted on it.
33 Commissioner Hanson asked about Apache Plaza and where Councilmember
34 Thuesen thought the project was headed, in light of the resignation by Mayor
35 Dennis Cavanaugh. Councilmember Thuesen stated that he felt that it was
36 moving forward, in spite of the Mayor's resignation. He added that he hoped they
37 receive a variety of proprietors and developers.
Planning Commission
November 20, 2001
Page 12
1 Commissioner Hanson indicated that he had heard that there existed quite a large
2 gap between the overall project and funding options. Councilmember Thuesen
3 stated that he felt that the Apache project in the City of St. Anthony was
4 important to the Metropolitan Council, and that it was very likely that they will
5 receive significant dollars through the Smart Growth development plan.
6 Commissioner Hanson asked where the discussion on the Stonehouse lies.
7 Councilmember Thuesen indicated that he has heard that more interest in the
8 property has developed recently. He added that the Stonehouse property was a
9 key-component in the redevelopment project. He stated that he hoped it would be
10 running for awhile, but feared that the poor state of the building would force it to
11 shut-down sooner than later.
12 Councilmember Thuesen stated that he hoped he was clear about the question
13 regarding the appointment of Jerry Faust to the City Council.
14
15 IX. INFORMATION AND DISCUSSION.
16 9.1 Proposed Massage Therapy Ordinance.
17 Henry stated that, currently,therapeutic massage businesses are allowed in the
18 Commercial zoning district in St. Anthony(Section 1635.02eee). She added that
19 a certificate of occupancy is required to have this type of business, which is .
.20 obtained by displaying to the City Manager that the practitioners at the business
21 all have a certificate from a massage school showing completion of courses.
22 Henry continued that recently, arrests were made at one massage operation for
23 prostitution. Under the present City Ordinance therapeutic massage is not a
24 defined term and the City does not require a license, making it very difficult to
25 stop operation of a massage operation where prostitution may be occurring. By
26 requiring massage operations to obtain a business license and providing certain
27 clearly delineated standards for operation,the City may more effectively regulate
28 these activities and ensure that only legitimate massage operations are in the City.
29 Henry stated that the City Attorney's Office has drafted an ordinance which is
30 based on the Edina's massage parlor ordinance. The drafted ordinance limits the
31 number of businesses offering therapeutic massage, and speaks to investigation
32 and approval/denial of application, including the suspension or revocation of the
33 license and specifically provides that any conviction for prostitution or any other
34 crime or violation involving moral turpitude results in a revocation of the license.
35 Henry indicated that if the City adopted this ordinance in December, the City
36 could give existing businesses some period, like 40 to 60 days,to comply and get
37 a license to operate in St. Anthony.
38 Henry stated that staff recommends the Planning Commission set the public
39 hearing for the new therapeutic massage ordinance for December 18, 2001.
Planning Commission
November 20, 2001
Page 13
1 Commissioner Hanson stated that he was in favor of the ordinance. He added that
2 the ten thousand dollar requirement of capital expenditure, feeling that it was an
3 unfair amount for those who could operate a legitimate massage parlor.
4 Commissioner Thomas stated he agreed with Commissioner Hanson's comment.
5
6 9.2 Northwest Quadrant Redevelopment Update.
7 Henry stated that the city received eight proposals from seven developers. She
8 indicated that she sat down with City Manager Mike Morrison,Jim Prosser and
9 John Shardlow to interview the developers. She stated that the process was
10 encouraging to all who attended.
11 Henry indicated that the next step was to review more financial analysis
12 information from the few suitable developers and bring to the City Council. She
13 added that they would like to bring the developers into a City Council work
14 session.
15 Henry reviewed the list of developers with the Planning Commission.
16 Commissioner Thomas asked if they were looking at incremental development, or
17 more along the lines of a Master Plan. Henry indicated that she felt it would be a
18 Master Developer, with phasing.
19 Commissioner Thomas asked if most plans were'residential, or corporate campus.
20 Henry indicated that none included a corporate campus.
21 9.3 Point of Sale Housing Code Update.
22 Henry indicated that they needed to establish a date to meet and delegate duties
23 and get some work done.
24 Commissioner Hanson agreed that they needed to get together.
25 X. ANNOUNCEMENTS. .
26 Commissioner Tillman stated that the Northwest Quadrant situation was very.exciting.
27 She added that she was also excited about the Village Blend Cafe proposal.
28 Commissioner Tillman commended the WTC sub-committee on their work.
29 Commissioner Hanson re-stated his recommendation to Michele Rae to receive training
30 in CPR and other first-aid training. He also stated that he saw an issue on behalf of
31 residents as to the enforcement of conditional use permits at this evening's meeting.
32 Commissioner Hanson recommended that residents who have an issue with any business
33 in the city go and talk to the owner of the building, rather than the renter.
34 Commissioner Thomas supported everything that Commissioner Hanson had to say.
Planning Commission
November 20, 2001
Page 14
1 Commissioner Thomas shared some of the research that he has done on St. Anthony
2 which indicated that St. Anthony has shown only modest growth in the last five years.
3 He discovered that 5% of the school-age children come from homes where English is a
4 second language. He also stated that there are twenty-one different languages that are .
5 spoken within those homes.
6 Commissioner Thomas concluded that there are children whose parents came from
7 Eastern Europe, Southeast Asia, etc., all of which indicate that the City of St. Anthony is
8 a changing city.
9 Chair Melsha acknowledged the resignation of Lorin Hatch, and thanked Commissioner
10 Hatch for his service.
11 Vice Chair Stille thanked the WTC sub-committee on their work.
12 Henry explained about the memo she distributed regarding Kenzie Terrace developer
13 interviews. She.indicated that three proposals have come in: Metroplains, David Benard
14 Homes, and TOLD Development.
15 Henry added that they would be interviewing the potential developers on Tuesday,
16 November 27, 2001.
17 Henry stated that Lorin Hatch resigned.
18 Henry added that all Planning Commissioners employees are invited to the Employee
19 Holiday Luncheon. She added that they will be receiving their invitations in the next
20 day, or two. She stated that the luncheon is on Thursday, December 13, 2001 at 11:30
21 a.m.
22 XI. ADJOURNMENT.
23 Motion by Chair Melsha to adjourn the meeting at 9:26 p.m.
24 Motion carried unanimously.
25 Respectfully Submitted,
26 Courtney Seesz
27 Timesaver OffSite Secretarial, Inc.
28
29 Mayor
30 ATTEST:
31 City Clerk
MEMORANDUM
DATE: 12/11/01 MEETING DATE: 12/18/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager
SUBJECT: Village North, LLP, 2801 37th Avenue Northeast: Conditional use
permit for packaging of wax and other components into candle
products.
Requested Action:
Ken Solie, Village North LLC and property owner of the light industrial building located at
2801 37th Avenue Northeast, is requesting a permitted conditional use for packaging of
wax and other components into candle products.
Background:
At the request of the applicant, on November 27, 2001, the City Council adopted wax
and scented wax manufacturing processes to be added under permitted'conditional use
in the Light Industrial zoning district. The applicant is now requesting a conditional use
permit for a company called Essenco to occupy the building at 2801 37th Avenue
Northeast. Essenco manufactures candles.
Residents in the vicinity of the light industrial building at 2801 37th Avenue Northeast
have complained to City staff of perfumed odors coming from the building over the last
3-4 weeks. City staff has confirmed Essenco already occupies the building and has
begun its operation. The City has made it clear to the applicant that they are not allowed
in there because the conditional use permit has not been approved.
Ken Solie has offered the concept of a review board as a possible remedy if there is a
problem with smell in the neighborhood. However, the City Attorney has advised staff
the City should not delegate its regulation to a citizen's review committee, rather the City
should have enforceable conditions in the conditional use permit.
Typical conditions the City has approved in the past include hours of operation, lighting,
landscaping, abiding by applicable state and federal laws, etc. The difficulty with this
case is defining the problem. When has the odor reached the public nuisance level? Is
there a way to measure smell? Or is it merely subjective? Perhaps no smell could be a
condition for the applicant; however, is it realistic?
Attachments:
• Petitioner's Application
• Adopted Ordinance related to allowing the wax and scented wax processes as a
permitted conditional use in the light industrial zoning district.
CITY OF ST. ANTHONY
ORDINANCE 2001-005
AN ORDINANCE RELATING TO ALLOWING THE WAX AND
SCENTED WAX PROCESSES AS..,CONDITIONAL USE IN
THE LIGHT INDUSTRIAL DISTRICT;AMENDING
SECTION 1640.03 OF THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1640.03 of the St. Anthony City Code, shall be amended to read as follows:
1640.03 Permitted Conditional Uses. The following uses are permitted in an LI
District only by a conditional use permit issued by the Council:
(a) Drug,cosmetic,pharmaceutical and toiletries manufacture.
(b) Canning or bottling other than malt products.
(c) Enameling,painting, varnishing, lacquering and japanning.
(d) Freight terminals.
(e) Meat packing which does not include the slaughtering of any kind of animal.
(f) Steel or metal goods manufacturing processes,not involving blast,furnace
processes.
(g) Not more than two dwelling units of not more than 11,650 square feet each,
having no more than one bedroom each, for use as residences for caretakers for a mini-
warehouse facility. No such dwelling unit may be occupied by a person other than a bona fide
caretaker of a mini-warehouse facility and the caretaker's spouse and dependent children. For
purposes of this paragraph,the term"mini-warehouse"means a building or buildings designated
and intended for warehouse use by three or more different tenants.
(h) Wax and scented wax manufacturing processes.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading: Waived
Second Reading: Waived
Adopt 27, 001
Mayor
ATTEST: )
City Clerk
Publish: St. Anthony Bulletin, December 12, 2001
Date: November 27 , 2001 Fee:
- '
CITY OF ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant: Village North LLP Phone: 61 2-781 -3381
Address: 2500
Owner
Status of applicant (owner, buyer, renter, agent, etc.):
Street address and/or legal description of property in question:
2801 37th Avenue NE
Zoning district in which property is located: Light Industrial
Conditional use proposed: Packaging of wax and other componPn s
into candle Products for home use . .
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1 ) The proposed conditional use is one of the conditional uses specifically listed for the
zoning district in which it is to be located. A concurrent petition has been submitted
to list this use .
2) The proposed conditional use will not be detrimental to the health, safety, or general
Welfare of per_ residing or working in the vicinity or injurious to property values or
improvements in the vicinity. There is no evidence of or history indicating
that the process detrimental or injurious .
3) The proposed conditional use is necessary or desirable at the above location to
provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare of the neighborhood or community.
See the justificatdon attached to the petition to add this use
to the ordinance for additional information . J
Signature of applicant: '
ATTACHMENT TO PETITION FOR
�oc�c)►�r�cX� L L P
Paragraph 1640 . 03 of the St . Anthony Zoning Ordinance provides
a list of uses which are permitted in a Light Industrial
District- with the granting of a Conditional Use Permit . ' This
petition requests that the packaging of wax along with other
.components into candle products be added to this list . The
purpose of this request is to allow Essenco LLC (trade
name : Homeessence ) to establish their business in a property
that our company owns at 2801 37th Avenue N . E . This property
is presently fully occupied by Industrial Custom Products
( ICP ) , ICP has been in the building since 1995 . ICP has
modified their business plan and has downsized its operations
and accordingly , they require less space . We have negotiated
a lease with Essenco LLC through which will lease
approximately 23000 square feet of the property leaving ICP
with approximately 50000 square feet . A drawing of the
division of space is attached.
Essenco primarily packages wax and other components into
decorator candles for home use . They have been in this
business since 19,95 . An example of their product is attached.
Their manufacturing process involves melting the wax with a
hot water heat source and transferring the wax in glass
containers . There is no residual or waste wax to be disposed.
All of the incoming wax is shipped out in final product form.
The tenant will bring approximately 25 employees to the site ,
which roughly replaces the employee reduction experienced by
ICP' through downsizing. There will be no increase in traffic
to the area beyond that created by ICP when they were to full
capacity . We plan to provide a minimal front entry presence
on 37`h Avenue NE by installing a full view glass door in place
of an existing service door and providing a small surfaced
parking area toward the west end of the building at an
existing curb cut . This concept has been reviewed and approved
by Jay Hartman. Their signage plan includes only a
directional sign on the west end of the building and a stencil
sign on the new door .
It is clear that this process is a very clean light industrial
operation, that certainly fits the spirit of the zoning
ordinance but not the words . Your approval of this petition
is requested to allow us to concurrently apply for a.
Conditional Use Permit to bring this strong business to St .
Anthony . For your information the St . Paul Zoning Ordinance
for Light Industrial does include wax as a manufacturing raw
A
attached.
r,-,Portant* not
=AA-* J_ _* __a. informznat:ion,
we have been attempting to lease some of this space since May,
and this is the first viable tenant we have obtained. We are
dealing in a very difficult economy and a very difficult
leasing market . Assuming that we . can bring this business to
St .- Anthony, as requested, ICP will execute a new 5 . 5 year'
lease which will assure that this property remains a viable
par-, o, a c es co:-nmaarc real es 11-a-LI-e base for
years .
Also, the City has $125000 in TIF funds invested in this
property for the purpose of improving the commercial economic
base of the City, and to bring employment opportunities to the
City . ICP has lost about half of its jobs to down-sizing .
Essenco would replace these employees .
Please contact me at 612-781-3381 or kes789@mediaone.net with
questions or for any additional information you may require
for your consideration of the request .
IL
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Chapter 60. Zoning Code--Adoption; Purpose; D...
http://www.ci.stpaul.mn.us/code/lc060.html
Monday, October 15, 2001
See. 60.612. Principal uses permitted.
In an I-1 Industrial District the use of land, the location and erection of new buildings or
structures and the alteration, enlargement and moving of existing buildings or structures from
other locations. or districts shall conform to the following specified uses, unless otherwise
provided in this code:
( 1 ) All principal uses as permitted and as regulated in the B-3 Business District except family
day care and group family day care.
(2) Any research use.
(3) Warehousing and wholesale establishments.
(4) Where retail sales-is not the primary function, the manufacture, compounding, processing,
packaging or treatment of such products as, but not limited to: bakery goods, candy, cosmetics.
pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die, gauge and machine
shops.
(5) The manufacture, compounding, assembling, or treatment of articles or merchandise from
previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, cork,
feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals
or stones, steel, sheetmetal (excluding the process of stamping large items such as automobile
tenders or bodies), shell, textiles, tobacco wad wire, wood (excluding saw and planing mills)
and yarns.
(6) The manufacture of pottery and figurines or other similar ceramic products using only
previously pulverized clay, and kilns fired only by electricity or gas.
(7) The manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or
other molded rubber products.
(8) The manufacture or assembly of electrical appliances, electronic instruments and devices,
radios and phonographs.
(9) The manufacture and repair of electrical or neon signs, light sheet metal products, including
heating and ventilating equipment cornices, eaves and the like.
( 10) Laboratories carrying on experimental and testing processes.
( 11 ) Electric and gas service building and yards. Public utility buildings, telephone exchange
buildings, electrical transformer stations and substations, and gas regulator stations. Water
supply plants. Railroad and terminal freight facilities, transfer and storage tracks.
( 12) Lumber yards.
( 13) Storage of contractor's equipment and supplies.
( 14) Automobile service stations, auto repair stations, auto convenience markets, auto specialty
stores, and outdoor space for the sale or rental of new, secondhand, or pawned automobiles,
trucks, motorcycles, trailers, or boats, as regulated in the B-3 District; auto body shops.
(1 5) Municipal public works yards and facilities.
MEMORANDUM
DATE: 12/11/01 MEETING DATE: 12/18/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manageakf
SUBJECT: Massage Therapy Ordinance
Requested Action:
December 18 is the public hearing for the new ordinance requiring a business license
for therapeutic massage parlors. Action should also be taken to amend Zoning
Ordinance 3.1635.02(eee).
Background:
A couple of months ago, arrests were made at one massage operation for prostitution.
Under the present City-Ordinance, therapeutic massage is not a defined term and the
City does not require a license, making it very difficult to stop the operation of a
massage operation where prostitution may be occurring. By requiring massage
operations to obtain a business license and providing certain clearly delineated
standards for operation, the City may more effectively regulate these activities and
ensure that only legitimate massage parlors are located in the City.
The ordinance provides for a detailed application to be filed for the license by the
applicant, an investigation of the applicant by the Police Department, and standards for
the Manager to deny the issuance of a license. In addition, the ordinance speaks to
investigation and approval/denial of application, including the suspension or revocation
of the license and specifically provides that any conviction for prostitution or any other
crime or violation involving moral turpitude results in a revocation of the license.
Once the City Council adopts the ordinance, it goes into effect immediately and existing
businesses will have 120 days to comply with the new ordinance. The license fee is
$250, while the investigation fee deposit is $500. The number of licenses allowed for
this type of business is five, under this ordinance. The capital investment amount noted
in the ordinance is a minimum of$5,000.
Chris Smith of Dorsey and Whitney will be in attendance on December 18 to answer
legal-related questions.
Attachment:
• Massage Therapy Ordinance
12/12/01 WED 14:37 FAX 6123402643 1a002
CITY OF ST. ANTHONY
ORDINANCE 2001-003
AN ORDINANCE REQUIRING BUSINESS LICENSES FOR
THERAPEUTIC MASSAGE PARLORS; ADDING
SECTION 575 AND AMENDING SECTION 1635.02 (eee)
TO THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. The St. Anthony City Code is hereby amended by adding Section 575 as follows:
Section.575 —PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS
575.01 Definitions. Unless the context otherwise clearly indicates,the following terms shall
have the stated meanings:
"Massage." The rubbing, pressing, stroking,kneading, tapping,rolling,pounding,
vibrating, or stimulating the superficial parts of the human body with the hands or any
instrument by a person who is not duly licensed by the State to practice medicine,
surgery, osteopathy, chiropractic, physical therapy or podiatry.
"Physical Culture and Health Services," "Physical Culture and Health Club,"`
"Reducing Club," "Reducing Salon," "Massage Parlor." Any building,room,
structure, place,.or establishment used by the public other than a hospital, sanitarium,rest
home,nursing home, boarding home or other institution for the hospitalization or care of
human beings, duly licensed under the provisions of M.S. 144.50 through 144.703,
inclusive,where non-medical and non-surgical manipulative exercises or massages are
practiedd upon the human body for a fee or other valuable consideration by anyone not
duly licensed by the State to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, with or without the use of mechanical, therapeutic, or
bathing devices.
575.02 Business License R uired.
Subd. 1 Limiting Business Licenses. It is'found and determined that the type of business
activity subject to being licensed under this Section is particularly subject to abuse which
may take a number of forms contrary to the morals,health, safety and general welfare of
the community. Further, it is found that control of these abuses requires intensive efforts
of the Police Department as well as other departments of the City. These efforts exceed
those required to control and.regulate other business activities licensed by the City. This
concentrated use of City services tends to detract from and reduce the level of service
available to the rest of the community and thereby diminishes the ability of the City to
promote the general health, welfare, morals and safety of the community. Therefore, the
12/12/01 WED 14:37 FAX. 6123402643 003
number of business licenses which may be in force under this Section at any one time
shall not exceed five.
Subd. 2 Requiring License and Defining Businesses Operating within City. No person,
partnership, corporation, or other organization shall operate a physical culture and health
service or club, reducing club or salon, or massage parlor within the City, either
exclusively or in connection with any other operation or enterprise, unless such business
is currently licensed under this Section.
Subd. 3 Certain Businesses Exempt.
A. The preceding provisions of this Section notwithstanding,no business license
shall be required for a business establishment which offers massage as an
accessory use if it meets all of the following criteria as evidenced by affidavits
and other documents submitted to and in form and substance reasonably
acceptable to the Clerk:
1. The principal activity of the business shall not be a massage parlor;
2. The annual gross revenue of the business from performing massage is
less than 25%of the total annual gross revenue of the business as shown
by financial statements or an affidavit signed by the authorized Officer of
the business. In lieu of delivery of the aforementioned affidavit, at the
direction of the City, the business shall be required to deliver, a
certification from a certified public accountant, acceptable to the Manager,
that the annual gross revenue from massage services, for the preceding
twelve months, is less than 25%of its total annual gross revenue for such
period of time.
3. The room or rooms where massage is performed shall not have an
exclusive entrance from or exit to the exterior of the building in which the
principal business is located or to a public concourse or public lobby.
Notwithstanding the foregoing,massage may be performed by an
individual at the residence of the person receiving the massage.
4. All fees or other consideration derived from performing massage shall
be received by and accounted for by the proprietor of the principal
business.
5. All individuals performing massage in connection with the business
shall be employees of the principal business or shall be independent
contractors or agents who perform massage pursuant to a written
agreement with the owner of the principal.business.
B. Any business that requests an exemption from the business license
requirement shall submit the required affidavits and documents on an annual
basis. The exemption request shall be due on or before the fifteenth day of March
of each year.
-2-
12/12/01 WED 14:37 FAX 6123402643 [a]004
575.03 License Application and Procedures. Every application for a license under this Section
shall be made on a form supplied by the Clerk and shall be filed with the Clerk. The provisions
of Subsection 500.02 of this Code shall apply to all licenses required by this Section and to the
holders of such licenses. In addition to the information required by Subsection 500.02 of this
Code, the applicati.ori for a license under this Section shall contain the following infonnation..
Failure to complete or supply-such information may cause a license to be denied.
A. Whether the applicant is a natural person, a partnership, a corporation, or other
form of organization.
B. If the applicant is a natural person:
1. The true name,place and date of birth, current address and telephone
number of the applicant.
2. Whether the applicant has ever used or has been known by a name
other than the applicant's true name; and if so, such name or names and
information concerning.dates and places where used.
3. A specific statement as to the type and nature of the business to be
licensed.
4. The name of the business, if it is to be conducted under a name other
than the full individual name of the applicant, in which case a certified
copy of the certification required by M.S. Chapter 333, shall be attnhed to
the application.
5. The addresses at which the applicant has lived during the previous five
years, including a statement of how long the applicant has been
continuously a resident of the State during the period as of and
immediately preceding the date of application.
6. The kind,name and location of every business or occupation in which
the applicant has been engaged during the preceding five years.
7. The names and addresses of the applicant's employer(s) and partner(s),
if any, who were such at any time during the preceding five years.
8. Whether the applicant has ever been convicted of any felony, crime, or
violation of any provisions of this Code or State.Law other than traffic
violations and, if so, information as to the time,place and offense for
which convictions were had.
C. If the applicant is a partnership:
1. The names and addresses of all partners and all information concerning
each partner as is required of an applicant under paragraph B of this
Subsection.
-3-
12/12/01 SUED 14:38 FAX 6123402643 121005
2. The names(s) of the managing partner(s), and the interest of each.
partner in the business.
3. A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to trade
name under the provisions of M.S. Chapter 333, a certified copy of such
certification shall also be attached.
D. If the applicant is a corporation or other organization.
1. The name of the applicant, and if incorporated, the state of
incorporation.
2. A true Certificate of Good Standing, dated as of a current date, and true
copies of the Articles of Incorporation or Association Agreement and
Bylaws shall be attached to the application. If a foreign corporation, a
Certificate of Autbority issued pursuant to M.S. Chapter 303, shall also be
attached.
3. The name of the person(s)who is to manage the business and all
information concerning the person(s) as is required of an applicant under
paragraph B of this Subsection.
4. The names of all'officers, directors and persons who control or own an
interest in excess of 5%in such corporation or organization and all;
information concerning the persons as is required of an applicant under
paragraph B of this Subsection.
E. The location of the business premises.
F. Whether the applicant is licensed in other communities or has had a license
revoked, or has been denied a license, to conduct any of the activities required to
be licensed hereunder; and if so, when and where the applicant is or was so
licensed, has had a license revoked or has been denied a license.
G. The names, residences and business addresses of three residents of Hennepin
County or Ramsey County, not related to the applicant or financially interested in
the business to be licensed, who may be referred to by the City for information as
to the applicant's character. If the applicant is a partnership, three such names
shall be supplied for each partner, and if the applicant is a corporation or other
organization, three such names shall be supplied for each officer of the applicant
and each manager of the business.
H. The amount of capital investment to be made by the applicant in the premises
described in the application to operate the business to be licensed. Capital
investment shall mean the amount of money that the applicant actually invests to
acquire, refurbish,repair, remodel, or furnish the premises, including moneys
invested to comply with Subsection 575.14.
-4-
12/12/01 WED 14:38 FAX 6123402643 006
I. A financial statement, certified as being true and correct by an independent
accountant, showing the gross income of the business to be licensed for the last
three fiscal years of such business, or shorter period of time that the applicant may
have been in the business to be licensed,itemized as to each activity of the
business including,without limitation, the gross income from.performing
massage.
575.04 Execution of Application. All applications for any license under this Section shall be
signed by the applicant in accordance with Subd. 2 of subsection 500.02 of the Code. Any
falsification of information on any license application shall result in the denial of the license
applied for, and shall constitute adequate grounds for the suspension or revocation of any license
issued to the applicant.
575.05 License and Investigation Fees.
Subd. 1 License Fee. Each application for a license or renewal license shall be
accompanied by payment in full of the required license fee. The fee for a business
license shall be as set forth in Subsection 615.06 of this Code. Upon rejection of any
application for a license, the Clerk shall refund the amount paid.
Subd. 2 Investigation Fee. At the time of each original application for a business license,
the applicant shall deposit an investigation fee as set forth in Subsection 615.06 of this
Code. The cost of the investigation will be based on the expense involved. All deposit
monies not expended on the investigation will be refunded to the applicant_
575.06 Investigation. All applications shall be referred by the Clerk to the Police Department
and to such other City departments for investigation of the applicant's character and verification
of the facts set forth in the application. Within 60 days after the application date, the Police
Chief and any other consultants shall submit a written recommendation to the Manager as to
issuance or non-issuance of the license, setting forth the facts upon which the recommendation is
based.
575.07 Approval or Denial of Application. Within 90 days after the application date,the
Manager shall either approve or deny the application and shall notify the Clerk in writing of the
decision. If the application is approved, the Clerk shall issue the license. If the application is
denied, the Clerk shall furnish written notice of the denial to the applicant, together with the
reason or reasons for denial. A license may also be denied for any of the following reasons:
Subd. 1 Under Legal Awe. If an individual applicant is under the age of 18.
Subd. 2 Convictions. If the applicant, or any officers, managers, directors, shareholders
or owners, if a corporation or association, or any partners, if a partnership,has been
convicted of a felony, or has been convicted of any illegal conduct involving moral
turpitude, dishonesty, fraud, deceit or misrepresentation.
Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any principal
officers, managers, directors, shareholders or owners, if a corporation or association, or
any partners, if a partnership, has been convicted of any crime or crimes directly relating
-5-
12/12/01 WED 14:38 FAX 6123402643 Q007
to the occupation of massage and escort services, as provided in M.S. 364.03, Subd. 2,
and has not shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of the occupation of massage services, as provided in M.S. 364.03,
Subd. 3.
Subd. 4. Prior Denial of License. If the applicant, or any principal officers,managers, .
directors, shareholders or owners, if a corporation or association, or any partners, if a
partnership,has within one year prior to the date of application been denied a license
under this Section, or any similar ordinance of any municipality within the State, or
within the period has had revoked any license issued under this Section, or any similar
ordinance of any municipality within the State.
Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by Chapter 16
of this Code upon the premises described in the application.
Subd. 6 Failure to Meet Construction Requirements. If the premises described in the
application for a business license fail to comply with the requirements of Subsection
575.14.
Subd. 7 Capital Investment Less than $5,000. If the applicant's planned capital
investment in the premises described in the application to operate the business to be
licensed is less than$5,000.
575.08 Renewal Application. Not less than 30 nor more than 60 days before the expiration of
any license issued pursuant to this Section, any license holder desiring to renew the license shall
submit a written application to the Clerk on forms provided by the City together with payment in
full of the license fee as required for the original license. The renewal application shall be
forwarded to the Manager who shall,within 30 days after the renewal application date, either
approve or deny the application and shall notify the Clerk in writing of the decision. The Clerk
shall then issue the license or, in case of denial,notify the applicant in writing of the denial
setting forth the reason or reasons therefor.
575.09 Appeal to Council. Any applicant may appeal the denial of a license or a license renewal
by filing a written notice of appeal to the Council in the Clerk's office within 10 days after the
denial. The Council shall hear the appeal within 60 days after the notice is filed, and opportunity
shall be given to any person to be heard in favor of or opposing the issuance or renewal of the
license. The Council.may order and conduct such additional investigation as it deems necessary.
Any licensee is authorized to continue to operate until final action by the Council upon licensee's
renewal application,unless prohibited by Council resolution made after the.denial.
575.10 License Not Transferable, Duration. Each license shall be issued to the applicant only
and shall not be transferable to another holder. Any change in the persons named as partners on
the application, as required by paragraph C.1 of Subsection 575.03 and any change in the persons
who are named in the application as required by paragraph DA of Subsection 575.03 shall be
deemed a transfer for purposes of this Section. If the licensee is a limited partnership, a change
in the limited partners of.less than 25%cumulatively over the license period shall not be deemed
a transfer. The change in or addition of a vice-president, secretary, or treasurer of a.corporate
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licensee shall not be deemed a transfer. All licenses issued pursuant to this Section shall be
effective for the period provided in Section 500.07.
575.11 S erasion or Revocation of License. The Council may suspend for any period not
exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding a violation
of any provision of this Section or upon violation of any other provision of this Code or State
Law or regulation affecting the activities covered by this Section. Any conviction for
prostitution or any other-crime or violation involving moral turpitude shall result in the
revocation of any license issued under this Section. Except in the case of a suspension pending a
hearing on revocation, revocation or suspension by the Council shall be preceded by written
notice to the licensee of a hearing. The notice may be served upon the licensee personally or by
mailing it to the business or.residence address set forth in the application or on file with the
Clerk. The notice shall give at least ten days notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The Council may, without notice, suspend
any license pending a hearing on revocation for a period not exceeding 30 days.
575.12 Hours of Operation. No business licensed under this Section shall be open for business,
nor shall any persons or customers be permitted on the premises,between the hours of 10:00
P.M. and 7:00 A.M.
575.13 Restrictions and Regulations.
Subd. 1 Notice of Chan,e� in Management. The.individual designated by a partnership
or a corporation in its business license application to be manager and in responsible
charge of the business shall remain responsible for the conduct of the business until
another suitable person has been designated in writing by the license holder. The license
holder shall promptly give the Police Department written notice of any such change
indicating the name and address of the new manager and the effective date of the change.
Subd. 2 Clothing&guirements. Employees of businesses licensed under this section
shall be and shall remain fully clothed while performing massage.
Subd. 3 Location of Services. No person shall perform a massage for a fee or other
consideration at any place other than(i) a physical culture and health service,physical
culture or health club,reducing salon, or massage parlor that has been duly licensed
pursuant to Subd. 2 of Subsection 575.02, (ii) a business which is exempt from a business
license pursuant to Subd. 3 of Subsection 575.02, or (iii) the residence of the person
receiving the massage.
Subd. 4 No Services Allowed by Sexually Oriented Businesses. No person shall perform
a massage for a fee or other consideration in connection with a sexually oriented business
as defined by Subd. 87 of Subsection 1605 of this Code.
575.14 Construction Requirements. No business license shall be issued under this Section
unless the premises used for the operation shall comply with the following requirements:
Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or hot air
as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms and
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bathrooms used in connection with such rooms, shall be constructed with materials
impervious to moisture, bacteria,mold and fungus growth. Floor-to-wall and wall-to-
wall joints shall be constructed so as to provide a sanitary cove with a minimum radius of
3/8 inch.
Subd. 2 Public Restroom Requirements. All public restrooms shall be provided with
mcchanical ventilation with 2 cfin (cubic feet per minute)per square foot area, a
minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and
cold running water under pressure, sanitary towels with dispensers and soap with
dispensers.
Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a janitor's
closet for the storage of cleaning supplies with a mop sink, mechanical ventilation with 2
effrn per square foot area and a minimum of 15 footcandles of illumination.
Subd. 4 Lockers. Individual lockers shall be provided for use by customers and sball
have separate keys for locking.
575.15 Maintenance; Sanitary Conditions, Communicable Disease.
Subd. I Clean and Sanitary Business. All businesses licensed under this Section at all
times shall be kept in a clean and sanitary condition.
Subd. 2 Clean and Sanitary Instruments. All instruments and mechanical, therapeutic,
and bathing devices or parts that come into contact with the human body at all times shall
be kept clean and sanitary.
Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron shall
be furnished for use by another until thoroughly laundered.
Subd. 4 Hand Washiniz. All individuals who practice massage shall wash their hands
before each massage.
Subd. 5 Communicable Disease. No person suffering from a communicable disease
shall work or be employed in a licensed business. No person suffering from a
communicable disease to the knowledge of the owner, custodian, or employees of a
licensed business shall be accommodated as a patron.
575.16 Inspection. Each business.required to be licensed shall at all times be held open for
inspection by duly authorized representatives of the City.
575.17 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do
not give,or hold themselves out to give, massages, other than are customarily given in such
shops and salons for the purpose of facial beautification only shall not be subject to the
provisions of this Section.
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Section 2. Subsection 615.06 of the St. Anthony City Code shall be amended to add the
following fee for licenses issued under Section 575 of the St. Anthony City Code:
Minnesota Applicable
License Fee - Terni Transferable Statutes Code Section
Physical Culturc and Health $250 license
Service or Club,Reducing Club fee and$1000
or Salon,Sauna Parlor.,Massage. investigation
Parlor fee deposit
One Year No 575
Section 3. Clause (eee) of Subsection 1635.02 of the St. Anthony City Code shall be
amended to read as follows:
(eee) Physicians, dentists and health care professionals, including optometrists,
chiropractors, chiropodists and osteopaths,therapists, and physical culture and
health service or club,reducing club or salon or massage parlor, as defined in
Subsection 575.01.
Section 4. This ordinance shall become effective as of the date of its publication. All
existing businesses in the City subject to the licensing requirements of Section 575 must comply
with the provisions of Section 575 within120 days from the effective date.
First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
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12/12/01 WED 14:40 FAX 6123402643 U011
Section 2. Subsection 615.06 of the St. Anthony City Code shall be amended to add the
following fee for licenses issued under Section 575 of the St. Anthony City Code:
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Physical Culturc and Health 5250 license
Service or Club,Reducing Club fcc and 5500
or Salon, Sauna Parlor,Massage investigation
Parlor fee deposit
One Year No 575
Section 3_ Clause(eee) of Subsection 1635.02 of the St. Anthony City Code shall be
amended to read as follows:
(eee) Physicians, dentists and health care professionals, including optometrists,
chiropractors, chiropodists and osteopaths,therapists, and physical culture and
health service or club,reducing club or salon or massage parlor, as defined in
Subsection 575.01.
Section 4. This ordinance shall become effective as of the date of its publication. All
existing businesses in the City subject to the licensing requirements of Section 575 must comply
with the provisions of Section 575 within120 days from the effective date.
First Reading.
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
-9-
MEMORANDUM
DATE: December 3,2001
TO: Mayor and Councilmembers
Planning Commissioners
FROM: Michael Mornson, City Manager
SUBJECT: BUDGET AMENDMENT FOR TIF DISTRICT
The following TIF Plan proposed by Jerry Gilligan of Dorsey&Whitney, allows the City to proceed
with the purchase of property to provide financial assistance to the following properties:
New to Plan Purchase and removal of Hardies property to Estimated cost: $360,000
prepare for redevelopment
New to Plan Purchase and removal of Exhaust Pro property Estimated cost: $500,000
to prepare.for redevelopment
New to Plan Purchase and removal of Phillips 66 gas station Estimated cost: $500,00d
property to prepare for redevelopment
In existing Plan Apache Plaza redevelopment to assist with Estimated cost: $200,000
consultants, etc.
TOTAL $1,560,000
Revenue to pay for redevelopment opportunity to come from Chandler District proceeds of
approximately$1.7 million. Other redevelopment opportunities that are currently in the Plan could be
paid from District if other revenue becomes available to City, such as profits from property sales (5 lots
on Kenzie-' Custom Liquidators, etc.):
Southwest Quadrant area(Stonehouse, $1,125,000
Shopping Center area)
Twin City Federal lot $75,000
P,urchase or provide assistance to KFC, $500,000
Broadway Pizza, Bremer Bank
Page 2
Since 1994, the City has assisted the following properties:
• Walgreens
• Custom Liquidators purchase
• Industrial Custom Products
• CUB Foods
• Several townhome projects
• 33`d/Stinson
• Fordham
• Highway 88
• Kenzie Terrace
In excess of$10 million in new value has been created as a result of the assistance the City has
provided.
Other issues Springsted is exploring are:
1. Paying off the Community Center bonds earlier.
2: Borrowing funds from Kenzie to do above and paying back with Chandler.
3. Bonding to pay for above items.
ain thou
illa e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
December 6,2001
County Auditor
Ramsey County
316 West Kellogg Boulevard
St. Paul,Minnesota 55102 .
School District Clerk
Independent School District No. 282
3303 33`d Avenue N.E.
St. Anthony, Minnesota 55418
Re: Proposed Amendment to Redevelopment Plans and Tax Increment Financing Plan for
Chandler Place Tax Increment Financing District
St. Anthony Housing and Redevelopment Authority
Ladies and Gentlemen:
The St. Anthony Housing and Redevelopment Authority(the "HRA")is considering
amendments to Redevelopment Plans of the HRA and to the Tax Increment Financing Plan for the
Chandler Place Tax-Increment Financing District previously established by the HRA pursuant to the
provisions of Minnesota Statutes, Chapter 469. The Tax Increment Financing Plan established a Tax
Increment Financing District in the City of St. Anthony which is commonly referred to by the HRA as
Chandler Place Tax Increment Financing District. The purpose of the amendments to the.
Redevelopment Plans and Tax Increment Financing Plans is to include additional property in the area
subject to the Redevelopment Plans(the"Additional Property") and to authorize the payment of
additional public redevelopment costs of the City of St. Anthony and the HRA with respect to the
redevelopment of the Additional Property and other property in the area subject to the Redevelopment
Plans with tax increment revenue to be derived from the Chandler Place Tax Increment Financing
District. The amendments will not include any additional property in the Chandler Place Tax Increment
Financing District.
The amendments will amend the budget for the Tax Increment Financing Plan for the Chandler
Place Tax Increment Financing District to authorize the additional expenditure by the HRA or the City
of up to $1,560,000 from tax increment derived from the Chandler Place Tax Increment Financing
District to redevelop properties in the City. Enclosed is a draft of the proposed amendments.
Page 2
The HRA estimates that the fiscal and economic implications of the proposed''amendments is
that if tax increments derived from the Chandler Place Tax Increment Financing District are not applied
to pay the additional expenditures authorized by the amendments,the Chandler Place Tax Increment
Financing District will terminate earlier than would otherwise be the case based upon the annual amount
of tax increment revenue presently being generated by the Chandler Place Tax Increment Financing
District and commitments on expenditure of such tax increment revenue presently in existence. Upon
the termination of the Chandler Place Tax Increment Financing District,the increased tax capacity of
the Chandler Place Tax Increment Financing District will be available for taxation by the local
governmental units, Ramsey County and Independent School District No. 282. However, if the
amendment is approved such increase in tax capacity will not be available for taxation by the local
government units until later than would otherwise be the case. Any increase in tax capacity resulting
from the redevelopment of the Additional Property resulting from the application of tax increment
revenue will not be captured by the Chandler Place Tax Increment Financing District since the
Additional Property is not included in the Chandler Place Tax Increment Financing District,and
therefore, will be available for taxation by local governmental units, including Ramsey County and
Independent School District No. 282.
The St. Anthony City Council will hold a public hearing on the amendments to the
Redevelopment Plans and Tax Increment Financing Plan on January 8, 2002-at 7:00 p.m., in the City _
Council Chambers at the City Administrative Offices, 3301 Silver Lake Road in the City of St.
Anthony. You are invited to be present at the scheduled public hearing and present your comments on
the amendments. In addition,you are invited to meet with members and officers of the.HRA
.concerning the amendments.
Sincerely,
Michaef Mornson
Executive Director
St. Anthony Housing and
Redevelopment Authority
2002 AMENDMENTS TO
MASTER MODIFICATION TO
REDEVELOPMENT PLANS AND
TAX INCREMENT FINANCING PLAN
FOR CHANDLER PLACE TAX INCREMENT FINANCING DISTRICT
HOUSING AND REDEVELOPMENT AUTHORITY OF
ST. ANTHONY, MINNESOTA
MASTER MODIFICATION APPROVED JUNE 27, 1995
AMENDMENTS APPROVED NOVEMBER 12, 1996
AND JANUARY 23,2001
I. INTRODUCTION
The'Commissioners of the Housing and Redevelopment Authority of St. Anthony,
Minnesota(the"HRA") and the City of St. Anthony, Minnesota(the"City"), have previously approved
five Redevelopment Plans designated as Kenzie Terrace Redevelopment Plan, Chandler Place
Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment.Plan for Redevelopment
Project No. 2 (Ramsey County) and Redevelopment Plan for Redevelopment Project No. 3 (Ramsey
County),together with certain amendments thereto(as so amended,the"Redevelopment Plans"), and
have approved redevelopment projects (the"Redevelopment Projects")to be undertaken pursuant
thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA
in connection with certain of the Redevelopment Plans and the Redevelopment Projects,the HRA and
the City have approved tax increment financing plans (the"Financing Plans")which establish two tax
increment financing districts designated by the HRA as follows: Kenzie Terrace Tax Increment District
(Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58)
(the "Districts"). In order to authorize the City and HRA to undertake certain activities designed to
remove,prevent and reduce blight, blighting factors and the causes of blight in the City and provide
facilities intended to serve all residents of the City,that the HRA on June 27, 1995 approved
amendments to the Redevelopment Plans, the Redevelopment Projects and the Financing Plans
designated as the Master Modification to the Redevelopment Plans and Tax Increment Financing Plans
(the"Original Master Modification") which combined the areas subject to the Redevelopment Plans
and included additional property in the area subject to the Redevelopment Plans and authorized tax
increment revenue derived from other of the Districts to be utilized in any area subject to the
Redevelopment Plans. On November 12, 1996 the HRA approved amendments to the Original
Master Modification designated as the"1996 Amendments to the Master Modification to
Redevelopment Plans and Tax Increment Financing Plans" (the"1996 Amendment"),which included
additional property in the area subject to the Redevelopment Plans and amended the Financing Plans to
authorize additional expenditure of tax increment revenue derived from either of the Districts, and on
January 23, 2001 the HRA approved the"2001 Amendment to the Tax Increment Financing Plan for
Chandler Place Tax Increment District(Ramsey County No. 58)" (the "2001 Amendment"), which
amended the Tax Increment Financing Plan for the Chandler Place Tax Increment District(Ramsey
County No. 58) (the"Chandler District")to identify property which the HRA intends to acquire with
tax increment revenues derived from the Chandler District. The Original Master Modification, as
amended by the 1996 Amendments and the 2001 Amendment is herein called the "Master
Modification".
The HRA has identified certain property in the City not presently included in any of the
areas subject to the Redevelopment Plan for the Chandler District which the HRA believes either
presently contains blight or blighting factors or which because of age, obsolescence, market conditions
and other factors is suspectable to blighting conditions. Such property is identified on Exhibit A hereto
(the"Additional Property").
By this 2002 Amendment to the Master Modification the Commissioners of the HRA
amend the Redevelopment Plans to include the Additional Property in the area subject to the
Redevelopment Plans and amend the Financing Plans to authorize the additional expenditure of tax
increment revenues derived from Chandler District. The authorization on the expenditure of tax
increment revenue from the Chandler District is subject to any limitations on such expenditures with
respect to the Chandler District contained in the Minnesota Tax Increment Financing Act(Minnesota
Statutes, Section 469.174 to 469.179). This 2002 Amendment to the Master Modification does not
include the Additional Property in any of the Districts. This 2002 Amendment to the Master
Modification is approved by the Commissioners of the HRA and the City pursuant to Minnesota
Statutes, Chapter 469.029, subdivision 6, and Minnesota Statutes, Section 469.175, subdivision 4.
II. STATEMENT OF NEED AND OBJECTIVES
The inclusion of the Additional Property in the Redevelopment Plans will aid in the
redevelopment of the Additional Property in a manner beneficial to the residents of the City and
consistent with the objectives of the HRA as stated in Redevelopment Plans and which will meet the
needs specified in Redevelopment Plans.
III. ADDITIONAL EXPENDITURE OF TAX INCREMENT
Additional expenditures of tax increment from the Chandler District authorized by this
2002 Amendment to the Master Modification of the Redevelopment Plans and Tax Increment
Financing Plans include costs associated with acquisition and rehabilitation and other public
redevelopment costs associated with redevelopment activities related to the areas subject to the
Redevelopment Plans. At this time the HRA has identified the following additional properties which
may be acquired by the HRA, if the HRA hereafter determines that such acquisition is economical and
desirable in connection with the redevelopment of such property:
Prope= Address
Hardee's Restaurant 4004 Silver Lake Road
Exhaust Pro 4000 Silver Lake Road
Dick's Phillips 66 Gas Station 2700 Kenzie Terrace
In addition, in connection with any redevelopment of the property the HRA may
become a limited partner in the owner of the property if it'deems it desirable.
2
The additional new expenditures of tax increment authorized hereby with respect to the
development or redevelopment of certain property subject to the Redevelopment Plans are as follows:
Property/Activity Expenditure
New to Plan Purchase and removal of Hardee's property at
4004 Silver Lake Road to prepare for
redevelopment $360,000
New to Plan Purchase and removal of Exhaust Pro property at
4000 Silver Lake Road to prepare for
redevelopment $500,000
New to Plan Purchase and removal of Dick's Phillips 66 gas
station property at 2700 Kenzie Terrace to prepare
for redevelopment $500,000
In existing Plan Additional authorized expenditures with respect to
the Apache Plaza redevelopment to pay for
consultants fees and other redevelopment activities
$200,000
TOTAL $1,560,000
The use of tax increment derived from the Chandler District to pay the costs described
above is hereby authorized.. Such costs are in addition to any costs previously authorized by the
Financing Plan for the Chandler District to be paid from the increment from the Chandler District. Such
costs may be paid directly from tax increment derived from the Chandler District, or may be paid
indirectly from tax increment derived from the Chandler District, by the payment of debt service on a
loan or loans made by the City to the HRA or by the HRA to finance such cost. Any such loan made
by the City or HRA will be repaid, with interest, from the tax increment derived from the Chandler
District. Other than the loan or loans from the City or the HRA, it is not expected that any, obligations
will be issued by the City or HRA to finance such costs.
IV. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES
It is estimated fiscal and economic implications of the additional expenditures of tax
increment revenue derived from the Chandler District authorized by this Master Modification will be as
follows:
The local governmental units other than the City which are authorized by law to levy ad
valorem property taxes in the area where the Districts are located are Independent School District No.
282, Ramsey County,the HRA, and various metropolitan area authorities, including the Metropolitan
Council,the Metropolitan Transit Commission,the Metropolitan Airports Commission and the
Metropolitan Mosquito Control District(the local government units).
After the establishment and during the continuation of the Chandler District, as a result
of the Redevelopment Projects and the implementation of the Redevelopment Plans and the
improvements in the Chandler District there has been an increase in the tax capacity of the taxable
property in the Districts. If the tax increments derived from the Chandler District are not applied to pay
the additional expenditures described herein, certain of the Districts would terminate earlier than would
otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in the
Districts in the anticipated amounts. Upon such termination such increased tax capacity would be
available for taxation by the local governmental units. However, as a result of the Master Modification
and this 2002 Amendment thereto such increase in tax capacity will not be available for taxation by the
local governmental units until a later date with respect to certain of the Chandler District.
3
Offsetting such later termination of the Chandler District will be an increase in tax
capacity to certain property which is not located in a tax increment financing district as a result of
redevelopment of such property. Such increase in tax capacity will be available for taxation by the City
and the local governmental units.
V. DETERMINATIONS IN ORIGINAL FINANCING PLAN .
The determinations made in the Tax Increment Financing Plan for the Chandler District
with respect to designation of the Chandler District as a housing district,the impact of the establishment
of the Chandler District and the implementation of the Redevelopment Plans and undertaking of the
Redevelopment Projects and the captured tax capacity of the Chandler District upon the
redevelopment thereof are not affected by this 2002 Amendment and such determinations remain in full
force and effect following the adoption of this Master Modification.
VI. ADDITIONAL AMENDMENTS TO PLAN
The City and the HRA reserve the right to further alter the Master Modification and to
further amend or modify the Redevelopment Plans and the Tax Increment Financing Plan for the
Chandler District by their joint action, subject to the provisions of state law regulating such action.
VII. ORIGINAL PLAN .
The Redevelopment Plans and the Tax Increment Financing Plan for the Chandler
District, except to the extent provisions thereof are explicitly amended or supplemented by the Master
Modification and this 2002 Amendment thereto shall remain in and be in full force and effect.
4
EXHIBIT A
ADDITIONAL PROPERTY TO BE INCLUDED IN THE AREA
SUBJECT TO REDEVELOPMENT PLANS
Hardee's Restaurant property at 4004 Silver Lake Road
Exhaust Pro Property at 4000 Silver Lake Road
Dick's Phillips 66 Property at 2700 Kenzie Terrace
A-1
NOTICE OF PUBLIC HEARING ON AMENDMENTS
TO REDEVELOPMENT PLANS, REDEVELOPMENT PROJECTS
AND TAX INCREMENT FINANCING PLAN FOR THE CHANDLER
PLACE TAX INCREMENT FINANCING DISTRICT OF THE
ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY
NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony will hold a
public hearing on Amendments to Redevelopment Plans (the Redevelopment Plans),Redevelopment
Projects (the Redevelopment Projects) and the Tax Increment Financing Plan for the Chandler Place
Tax Increment Financing District(the Financing Plan) of the St. Anthony Housing and Redevelopment
Authority (the HRA) at 7:00 p.m. on Tuesday,January 8, 2002 in the City Council Chambers at the
City Administrative Offices, 3301 Silver Lake Road, St. Anthony, Minnesota.
The Amendments to the redevelopment plans and redevelopment projects provide for
additional property(the Additional Property)to be included in the area subject to the redevelopment
plans and redevelopment projects (the Redevelopment Area). The Amendments to the Redevelopment
Plans and Redevelopment Projects describe certain proposed activities to be undertaken by the City
and the HRA with respect to the improvements to the Additional Property and property presently
subject to the Redevelopment Plans. The Amendments to the Financing Plan authorize the use of tax
increments derived from the Chandler Place Tax Increment Financing District of the HRA (the District)
established by the Financing Plan to provide for the payment by the HRA or the City of certain public
redevelopment costs in connection with the Redevelopment Plans and Redevelopment Projects,
including public redevelopment costs related to the Additional Property, and identifies certain property
proposed to be acquired by the HRA with tax increments from the District. The Amendments to the
Financing Plans do not include the Additional Property in the District.
Set forth with this notice is a map showing the area included in the District, which'is the area
from which tax increments are derived, and showing the area which, in addition to the area included in
the District, will be subject to the Redevelopment Plans following adoption of the Amendments. The
property subject to the Redevelopment Plans is the area in which the tax increment derived from the
District may be expended.
All who wish to be heard as to the Amendments to the Redevelopment Plans,the
Redevelopment Projects and the Financing Plan will be given an opportunity to express their views at
the time of the public hearing or may file written comments with the City Manager prior to the public
hearing.
By/s/Connie Kroeplin
City Clerk
Publish: St. Anthony Bulletin
December 19, 2001
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MEMORANDUM
DATE: 12/11/01 MEETING DATE: 12/18/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager �11—
SUBJECT: Point of Sale Housing Code - Subcommittee Update
Background:
The Subcommittee met recently to discuss the point of sale housing evaluation code.
The Subcommittee is back to working with the code that was brought forward in 1998;
however, they would like to see more detail added in under some of the specific
evaluation areas (plumbing, structural, and aesthetics). Some of the added detail,
bolded in the attached draft, comes from the New Hope point of sale code. As you may
recall, the New Hope code is very detailed.
The Subcommittee would like to get feedback from the rest of the Planning Commission
at the December 18 meeting and then continue on with the project for a public hearing in
early 2002.
Attachment:
• Proposed Point of Sale Housing Evaluations - Draft
PROPOSED
Section 1306 - POINT-OF-SALE HOUSING EVALUATIONS.
1306.01 Purpose. The purpose of this Section of the City Code is to enhance the
supply of safe, sanitary,and.adequate housing and to prevent the deterioration of the
overall housing stock in the City of St. Anthony, thereby protecting the general health,
safety; and welfare of the residents.
1306.02 Definitions. The following words and terms, when used in this Section shall
have the following meanings, unless the context clearly indicates otherwise:
Subd. 1. Dwelling and Dwelling Unit. A building or portion thereof, designed
or used predominantly for residential occupancy of a continued nature, including
1-family dwellings, 2-family dwellings, apartment buildings, and rooming units,
but excluding hotels and motels.
Subd. 2. Dwelling, Multiple. A building with two or more living units in
common ownership, one or more of which is rented or available for rent, but
excluding hotels, motels, hospitals, nursing homes, and homes for the aged.
Subd. 3. Dwelling, Single-Family. A dwelling designed to accommodate one
family.
Subd. 4. Dwelling, Two-Family. A dwelling designed to accommodate two
families in separate dwelling units, each unit with its own means of access.
Subd. 5. Evaluation Report. A written report prepared and signed by a private
housing inspector licensed by the City of St. Anthony on a form in compliance
with Section 1306.03 of this Code.
Subd. 6. Hardship. The inability of the seller to make the required repairs,
including but not limited to economic circumstances, illness, death, weather, or
other unforeseen events.
Subd. 7. Immediate Hazard. A condition or defect which is likely to cause
injury to a person or property if not corrected.
Subd. 8. Licensing Requirements. A private housing inspector contracted to do
business in the City of St. Anthony must first comply with licensing
requirements as stated in Section 500 of the City Code.
Subd. 9. Mobile Home. Any vehicle which is designed, constructed, and
equipped for use as a dwelling place, living abode, or living quarters and having
no foundation other than wheels, blocks, jacks, or skirting.
Subd. 10. Owner's Agent. A person who acts for or has the power or authority
to act for the owner of a dwelling.
Subd. 11. Sale. The transfer of the title or possession of a dwelling whether or
not absolute title is transferred.
Subd. 12. Structure. Anything constructed, moved, or erected and the use of
which requires location on the ground or attached to something having a
location on the ground, but excluding fences, sidewalks, retaining walls, and
items of an ornamental or decorative nature.
Subd. 13. Unit. A room or group of rooms in a multiple dwelling used or
intended to be used as a residence by an individual, family, or other group
maintaining a common household.
Subd. 14. Vacant. A dwelling which is not occupied.
1306.03 Evaluation Report.
Subd. 1. Requirement. Except as set forth in this Section, no single-family
dwelling, two-family dwelling, mobile home, or a unit in a multiple-family
dwelling located in the City may be voluntarily offered for sale or conveyed by
deed or contract for deed until the owner or owner's agent has first applied for
and secured a structure evaluation report prepared by a private housing inspector
licensed by the City of St. Anthony to perform such inspections. A separate
evaluation report shall be prepared for each dwelling or structure.
No person shall offer for sale by exhibiting or showing a dwelling or structure
within the City without first having obtained an evaluation report and an
inspection as described in this Section. The evaluation report shall be
conspicuously displayed for inspection at the premises at all times that such
dwelling or structure is being offered for sale.
Subd. 2. Occupancy by Buyer. A valid evaluation report must be completed
for the dwelling in question and shall be provided to the buyer before or at the
time of sale of the dwelling or structure. The buyer shall not occupy the
dwelling or structure prior to issuance of the evaluation report.
Subd. 3. Valid Evaluation Report. If the dwelling or structure is in compliance
with the requirements of this Section, the evaluation report shall state that the
dwelling or structure has been inspected and is in conformance with this Section
2
of the City Code. An evaluation report is valid for 1 year from the date of its
issuance. The report is valid only for the owner listed on the report.
1306.04 Exceptions. The provisions of this Section do not apply to:
Subd. 1. New Construction. Any newly constructed dwelling or structure when
title is transferred to the first owner.
Subd. 2. Sale to a Public Entity. The sale or transfer of title of any dwelling or
structure to a public entity.
Subd. 3. Demolition. The sale or transfer of title of any dwelling or structure
for the purpose of demolition.
Subd. 4. Conveyance by Sheriff or other Public or Court Officer. The sale or
conveyance of any dwelling or structure by a sheriff or other public or court
officer in the performance of their official duties. This exemption does not
apply to the sale of a dwelling or structure by a person appointed by a probate
court.
C
Subd.�.�C. A pa A s .•emulated by Section 570 of this Code.
v
1306.05 Inspector Requirements.
Subd. 1. Inspector License Required. No person, other than a licensed private
housing inspector, shall conduct housing inspections or complete a housing
evaluation report without first having received a license from the City.
Subd. 2. Application Process. Any person desiring a license to conduct
housing evaluations for the City shall make a written application to the City.
The application for such license shall state the name and address of the applicant
and such other additional information as the City Manager may require. The
application shall contain a hold harmless and indemnity provisions.running from
the applicant to the City of St. Anthony and be signed by the person to whom
the license will be issued.
Subd. 3. Application Fee. The application form shall be accompanied by a
non-refundable inspector license fee in accordance with Section 500.01 of this
Code.
Subd. 4. License Denial, Suspension, and Revocation. The license for any
private housing inspector may be denied, suspended or revoked in accordance
with Section 500.13 of this Code, and as may be amended.
3
1306.06 Duties of Housing Inspectors.
Subd. 1. Professional Compliance. The private housing inspector shall comply
with the following:
(a) Maintain a current license with the City;
(b) Conduct inspections of properties being offered for sale and
conduct all evaluations within the City's program guidelines;
(c) Meet required continuing education requirements as established
by the profession;
(d) Provide a certificate of insurance showing proof of general
liability insurance and professional liability insurance with a
company authorized to do business in the State of Minnesota;
(e) Keep the City apprised of current personal mailing address and
telephone number; and
(f) Agree to adhere the industry's code of ethics in performance of,
housing inspection duties.
Subd. 2. Compliance to Housing Inspection Program. Each housing inspector
is required to comply with the following procedure for preparing and filing
housing evaluation reports:
(a) The evaluation report must be either typewritten or legibly
printed in ink on forms furnished by the City. The report shall
indicate whether the condition meets the City of St. Anthony
housing standards, is below the City of St. Anthony housing
standards or is deemed to be hazardous at the time and date of the
evaluation.
(b) The inspector shall submit the original housing evaluation report
to the seller. A duplicate shall be filed with the City within 10
calendar days after the evaluation has been made.
Section 1306.07 Correction of Immediate Hazards. The following items, when
determined by the inspector to be unsafe, shall be identified as immediate hazards in the
evaluation report:
Subd. 1. Heating Systems:
4
(a) Burned out or rusted heat exchangers;
(b) Burned out, rusted or plugged flues;
(c) No vent;
(d) Connection with unsafe gas supplies; or
(e) Incapacity to adequately heat the living space.
Subd. 2. Water Heaters:
(a) Burned out, rusted, corroded or faulty heat exchangers;
(b) Burned out, rusted, corroded or plugged flues;
(c) No vents or inadequate venting;
(d) Unsafe connection to gas supplies; or
(e) Lack of temperature and pressure relief valves.
Subd. 3. Electrical Systems:
(a) Overloading or inadequate circuits or outlets;
(b) Damaged or deteriorated electrical equipment;
(c) Improperly tapped or spliced wiring;
(d) Exposed uninsulated wires;
(e) Temporary distribution systems; or
(f) Ungrounded systems.
Subd. 4. Plumbing Systems.
(a) Leaking waste systems, fixtures or traps;
(b) Lack of an operating toilet; non-habitable room with an
entrance that affords privacy.
(c) Lack of washing and badfiRg faeffifies(lavatory. sink);
5
(d) Lack of bathtub or shower;
(e) Cross connection of municipal water supply with fixtures or
sewage lines;
(f) . Sump pump or other passive storm water drainage systems
emptying into the inside sanitary sewer system;
(g) Abandoned wells that have not been properly capped.
Subd. 5. Structural Systems.
(a) Walls, chimneys, ceilings, roofs, foundations, floor systems, or
decks which are determined to be inadequate of carrying imposed
loads.
(b) Exterior roofs, walls, chimneys, and foundations that are not
weather tight and water tight to the extent that it creates an
immediate hazard.
(c) Abandoned fuel tanks.
(d) Refuse, debris, garbage, human waste, decaying vermin or other
dead animals, animal waste, vermin infestation or other materials
rendering residential building and structures unsanitary for human
occupancy.
(e) Lack of properly located and operational smoke detectors.
(f) Lack of door locks and security.
(g) Lack of exterior light source.
Subd. 6. Aesthetics.
(a) Fence maintenance; unsafe fencing, fences falling, nails
protruding.
(b) Accessory Structure Maintenance; unsafe buildings.
(c) Landscaping; maintained and in good condition; conforms to
surrounding neighborhood.
(d) All units must meet minimum lot coverage requirements.
6
Subd. 7. . Occupancy. No occupancy shall be permitted of any dwelling unit or
structure if vacant and an immediate hazard exists. If the dwelling unit or
structure is occupied and an immediate hazard exists, corrective action shall be
taken immediately by the owner or the owner's agent.
Subd. 8. Responsibility for Corrective Actions. When correcting identified
hazards, the owner shall obtain all necessary permits from the City and the
premises shall be subject to City inspection prior to occupancy of the dwelling.
If, due to hardship, the owner cannot undertake corrective'action, the buyer may
elect to correct immediate hazards identified in the housing inspector's report.
A buyer intending to correct immediate hazards must have written consent from
the City. Such written consent may be subject to terms and conditions
including:
(a) A signed agreement from the buyer accepting responsibility for
correction of the hazardous items;
(b) Reasonable completion dates;
(c) Evidence of financial ability to perform the corrections; and
(d) When the buyer expects to occupy the dwelling or structure. ,
If the owner is a government agency or if an agreement exists between.the
owner and the buyer that the buyer will correct immediate hazards as part of a
remodeling project, the buyer may correct the immediate hazards identified in
the housing evaluator's report. A buyer intending to correct immediate hazards
must have written consent from the'City. Such written consent may be subject to
terms and conditions including:
(a) A signed agreement from the buyer accepting responsibility for
correction of the hazardous items;
(b) Reasonable completion dates;
(c) Evidence of financial ability to perform the corrections; and
(d) When the buyer expects to occupy the dwelling or structure.
1306.08 Penal .
Subd. 1. Owner. The failure of any owner, agent of the owner, or buyer to
comply with the provisions of this Section or to comply with an order issued by
the City pursuant to this Code shall be a misdemeanor.
7
Subd. 2. . Housing Inspector. The failure of any housing inspector to comply
with the licensing provisions of this Section shall be a misdemeanor.
Subd. 3. Other Enforcement Provisions. The City may also enforce provisions
of this Section by-mandamus, injunction, or other appropriate remedy in a court
of competent jurisdiction.
1306.09 Implied Warranties/ Warranty Limitations. Nothing in the housing
inspector's report shall guarantee or warrant that a dwelling or structure meets all
minimum maintenance, housing, and building standards. Evaluations conducted
pursuant to this Section are made in order to improve the overall housing stock in the
City. The report issued by an inspector is not a guarantee or warranty to any individual
buyer, seller, or renter regarding the condition of the individual dwelling, nor is the
report intended for the special benefit of any individual.
1306.10 Effective Date. This Section shall be effective for dwellings and structures
offered or listed for sale by exhibiting or showing on or after ,
1306.11 Severability. If any section, subsection, sentence, clause, or phrase of this
Section is for any reason held to be invalid, such a decision shall not affect the validity
of the remaining portions of this Section.
8
ain thou
ilia e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
December 10, 2001
St. Anthony Planning Commission Members
Northwest Quadrant Steering Committee Members
St. Anthony School Board Members
Subject: Northwest Quadrant Redevelopment— Next Steps
Dear members of the Planning Commission, Northwest Quadrant Steering
Committee, and School Board:
I wanted to update you on the next steps for the Northwest Quadrant
Redevelopment. First of all, I want you to know the City Council is committed to
this project and thank you for your support.
A Developer Open House for the Northwest Quadrant is set for January 24,
2002, from 4 — 8 p.m., at St. Anthony City Hall and Community Center. The City
Council has narrowed the list of potential developers to the following: Centex,
Opus Corporation, Pratt-Ordway, and Sherman and Associates. At the Open
House, the four developers will showcase their proposals, answer questions, and
get feedback from community members. I hope you are able to attend this.
On February 5, the City Council will interview the four developers during a Work
Session from 6 — 10 p.m. The Work Session will be cablecast and replayed. This
is not a public hearing; but again, an interview process.
On February 12, the City Council plans to select the developer for the Northwest
Quadrant Redevelopment.
I would appreciate hearing your feedback after viewing the developer proposals
at the January 24 Open House. Let's be in touch.
Si I ,
Randy Hodson
Mayor, City of St. Anthony
City Council Regular Meeting Minutes
November 13, 2001
Page 1
1 CITY OF ST. ANTHONY
2
3 CITY COUNCIL STUDY SESSION MINUTES
4
5 November 13,'2001
6
7
8 I. CALL TO ORDER.
9 Mayor Pro Tern Horst called the meeting to order at 7:01 p.m.
10
11 II. PLEDGE OF ALLEGIANCE.'
12 Mayor Pro Tern Horst invited the Council and the audience to join in the Pledge of Allegiance.
13
14 III. ROLL CALL.
15 Councilmembers present: Mayor Pro Tem Horst; Councilmembers Sparks, Thuesen,
16 and Hodson.
17 Councilmembers absent: None.
18 Also present: City Manager Mike Morrison; City Attorney Jerry
19 Gilligan.
20
21 IV. COMMUNITY FORUM. ,
22 Mayor Pro Tern Horst invited residents in the audience to speak to the Council on items that are
23 not on the regular agenda.
24
25 Dorothy Fleming came forward to speak on behalf of the Village Community Concert Series.
26 She stated that there was a fantastic turnout for the Chinese Acrobats. She indicated that the
27 concerts are open to all age groups, and that all age groups were present for the Chinese
28 Acrobats.
29
30 Ms. Fleming stated that they needed the support of the Council for the next concert, "Three Hits
31 and a Miss". Ms. Fleming indicated that the cost for a ticket to the concert was $20.00 per show,
32 or$40.00 for all four shows. She stated that she appreciated any cooperation that the City
33 Council could provide, and indicated that she would be leaving a few pamphlets on information
34 regarding the concerts.
35
36 Mayor Pro Tern Horst made reference to donations for the concert series which would be greatly
37 appreciated. Ms. Fleming agreed, and thanked the Council for their time and support.
38
39 Resident Kim Tillman, 2904 Crestview Drive, came forward to support the plans for upgrading
40 the Community Center. She stated that she felt it was important to keep the communications
41 within the city strong, and that the improvements that were proposed would really enhance the
42 Community Center.
43
44 Ms. Tillman added that it was easy for buildings to be neglected and eventually require major
45 renovations and funding. She stated that the Community Center is a project that should not be
46 forgotten about and urged that the project be worked into the budget as soon as possible. She
47 thanked the Council for their time.
City Council Regular Meeting Minutes
November 13, 2001
.. Page 2
1
2 V. ACTION ITEMS.
3 a. Consent Agenda.
4
5 1. Approve October 23,2001 Regular Council Meeting Minutes.
6 Councilmember Thuesen made the following addition to the October 23, 2001 Regular
7 City Council Meeting Minutes: Page 3, line 13: "...highly inappropriate due to the fact
8 that all the candidates were not present and that this was not the proper time to discuss
9 his questions."
10
11 Motion by Councilmember Hodson to approve the October 23, 2001 City Council
12 Regular Meeting Minutes, as amended above.
13
14 Motion carried unanimously.
15
16 2. Licenses/Permits:
17 3. Claims.
18 4. Resolution 01-083, re: Adopt a flexible benefit plan.
19 Mornson stated that the proposed flexible plan contains the opportunity for employees of
20 the city to take some of their earnings and tuck them away into a pre-paid medical, or
21 daycare expense account.
22
23 Mornson explained that the employees do not get taxed on the services. He added that
24 each month, or year,the employee submits a reimbursement form for reimbursement for
25 the services.
26
27 Morrison continued that this benefit has been requested by the union for quite some time,
28 but been put on hold. He added that there is no cost to the city for the flexible benefit
29 plan,as long as they have twenty full-time employees.
30
31 Motion by Councilmember Sparks to approve Resolution 01-083, re: Adopt a flexible
32 benefit plan.
33
34 Motion carried unanimously..
35
36 5. Ordinance 2001-003, re: Water rates O d reading).
37 Motion by Councilmember Sparks to approve the Consent Agenda as corrected above
38 also removing item number four from the Consent Agenda.
39
40 Motion carried unanimously.
41
42 6. REVIEW ITEMS.
43 a. Tax Increment Financing g T�U12date (Springsted, Inc. will be present).
44 Morrison indicated that, due to the changes in the class-rates during the past legislative session,
45 they hired Springsted, Inc. for the purpose of doing an analysis of the impact on the Tax-
46 increment Districts. Morrison reminded the Council that they have two bonds outstanding that
City Council Regular Meeting Minutes
November 13, 2001
Page 3
1 are paid for with.tax-increment proceeds: Community Center portion of the building(paid for by
2 the Kenzie Terrace tax-increment), and Apache Plaza.
3
4 - Mornson stated that the bad news was that.they have a reduction in revenues. He added that the
5 good news was that there.is additional.increment beyond the bond payment to pay for the debt,
6 which means that they have the ability to transfer from a healthy Tax-increment District to a
7 non-healthy district to pay off the debt.
8
9 Mornson added that, when they negotiated the tax-increment package with Super Valu,they
10 negotiated a Short-fall Agreement which states that, if there is ever any short-fall in any year
11 with the amount of increment that they need to pay off their debt, Super Valu is liable for that
12 debt. Mornson added that would be their first recourse.
13
14 Mornson indicated that the only decision to make this evening was to determine if they wanted
15 to include the purchasing of the Hardee's property and the Exhaust Pro property, as well as the
16 Phillips 66 Gas Station in a redevelopment pattern. If so, Mornson continued, then they needed
17 to hold a hearing, put the properties in their budget, and then they would have the ability to
18 purchase the properties and remove them.
19
20 Mayor Pro Tern Horst asked what needed to happen in terms of time-line. Mornson stated that
21 Paul Steinman, Springsted, Inc. would come forward to review his TIF'Cash Flow Analysis.
22
23 Steinman stated that they came in after major tax-reform and examined the four active Tax-
24 increment Districts in the City if St. Anthony and estimated, to the best of their abilities, where
25 they are going from this point forward, given tax-reform.
26
27 Review of the four active TIF Districts:
28 Kenzie Terrace(#1950)
29 Annual Tax Increment- 2001 $452,590
30 Annual Tax Increment- 2002 $423,628
31 Community Center Bond Payment ($246,588)
32 Annual Surplus $177,040
33 . District Expires 2008
34 Debt Paid Off 2010
35 In 2008,remaining Fund Balance.is $2,086,755
36 paid to County(City receives
37 approximately 25-30%back).
38
39 ❑ Apache/Cub Foods (#9-G)
40 Annual Tax Increment- 2001 $231,279
41 Annual Tax Increment- 2002 $122,084
42 Apache Bond Payment ($205,922)
43 Annual Deficit ($83,838)
44 1"Year of Deficit 2005
45 Debt Paid Off 2013
46 Cumulative Deficit in 2013 ($734,657)
47 District Expires 2019
City Council Regular Meeting Minutes
November 13, 2001
Page 4
1 Developers agreement with Super Valu
2 (Permits City to bill Super Valu for deficits).
3 Use Kenzie Terrace surplus increment.
4
5 Steinman indicated that, in 2005, there would be a deficit in the Cub Foods District, which will .
6 need to be covered in 2005. He added that, in 2006,they might be able to apply the remedies of
7 pooling in order to cover that deficit.
8
9 Councilmember Thuesen asked how strong the Short-fall Agreement was with Cub Foods.
10 Gilligan responded that he thought it was quite unquestionable, yet felt that they would probably
11 have a discussion about it in the future with Super Valu. Steinman added that it was uncertain as
12 to whether they would be allowed to use an accumulated fund balance after a district de-certifies.
13
14 Councilmember Sparks asked Morrison if this analysis would be a component in the Financial
15 Strategies. Morrison stated that it would be included.
16
17 ❑ Apache/Hellickson Dental
18 Annual Tax Increment- 2001 $22,369
19 Annual Tax Increment- 2002 $11,833
20 Pay-As-You-Go note-payment ($11,833)
21 Annual.Surplus/Deficit $_ 0_
22 Debt Paid Off(Extended 4 Years) 2010
23 District Expires 2019
24
25 ❑ Chandler(#58)
26 Annual Tax Increment- 2001 $247,104
27 Annual Tax Increment- 2002 $166,309
28 Supports TIF Budget $1,900,000
29 District Expires 2011
30 Funds Available through 2011 $1,768,406
31 Deficit ($131,594)
32 Revision is necessary:
33
34 Steinman indicated that Chandler was a much more flexible TIF District than Kenzie because it
35 was certified a couple of years later. Therefore, Steinman indicated, they would be able to
36 amend Chandler and use some of the excess funds to do some other projects.
37
38 Morrison indicated that their first option would be to collect on the short-fall from Super Valu.
39
40 Councilmember Thuesen asked at which point tax-increment legislation would stabilize.
41 Steinman indicated that this year's impact of tax-reform legislation on tax-increment was the
42 most direct hit that the tool has ever taken. He added that they do not know when it might
43 stabilize.
44
45 Gilligan added that legislation has made it much more restrictive over the last few years to create
46 TIF Districts. He stated that the districts that have the most flexibility are the districts that were
47 created between 1982-1990, like Chandler.
City Council Regular Meeting Minutes
November 13, 2001
Page 5
1
2 Current TIF Budget:
3 S/W Quadrant $1,125,000
4 Lots/Twin City Federal $75,000
5 Kentucky Fried Chicken . $500,000
6 Apache Plaza Redevelopment $200,000
7 Total TIF Budget $1,900,000
8
9 Budget Amendment/Revisions:
10 S/W Quadrant $
11 Lots/Twin City Federal $
12 Kentucky Fried Chicken $
13 Apache Plaza Redevelopment $
14 Hardee's Building $319,000
15 Exhaust Pro's $
16 Phillip 66 Station $
17 Revised TIF Budget $1,760,000
18
19
20 Mornson indicated that if the city was interested in acquiring any other redevelopment
21 properties, they needed to decide that tonight and schedule a hearing for January 8, 2001.
22
23 Councilmember Thuesen indicated that he felt they needed to talk strategically with the
24 corresponding people to aid them in making the decision.
25
26 Mayor Pro Tern Horst stated that he was interested in going forward and scheduling the hearing
27 for January 8, 2001.
28
29 Councilmember Sparks asked who would guide them through these decisions. Morrison
30 indicated that City Staff would aid in their decision-making.
31
32 Councilmember Thuesen expressed his concern regarding the Northwest Quadrant and the
33 holding pattern that they are_in with the Shopping Center. Mornson indicated that he felt that the
34 timing of looking at acquiring other redevelopment properties was right.
35
36 Mornson indicated that he wanted Springsted, Inc. to examine the abilities to issue a bond from
37 the Chandler proceeds which gives them the opportunity to do more at one time. Also, Mornson
38 wanted to determine the ability to use the Kenzie money as a loan to the Chandler proceeds.
39
40 Motion by Councilmember Hodson to schedule a public hearing regarding TIF Budget for
41 January 8, 2001.
42
43
44 Motion carried unanimously.
45
46 Mayor Pro Tern Horst asked how tax abatement would be related to the new tax-reform laws.
47 Steinman indicated that it does not relate directly to TIF in any way, but said tax-abatement was
City Council Regular Meeting Minutes
November 13, 2001
Page 6
a valuable tool to use prior to more restrictive legislation.
b. Resolution 01-084, re: Approve plans and specifications and order advertisement for bid
for 2002 street project(Todd Hubmer, WSB, will be present).
Todd Hubmer, WSB, was present to request-that the Council authorize WSB to do the 2002
Reconstruction Project for the City of St. Anthony. Hubmer continued with a review of the
proposed project for the City Council.
Mornson asked how much DNR money was being used. Hubmer responded that they were using
approximately$885,000 which comes close to utilizing all of those funds. Hubmer added that
they would increase their request from $700,000 to $1,200,000 for the new legislative session
due to increase costs in land acquisition and construction since back in 1998.
Motion by Councilmember Sparks to approve Resolution 01-084, re: Approving plans and
specifications and ordering advertisement for bid for the 2002 street project.
Motion carried unanimously.
C. Resolution 01-085, re: No-Fault Sewer Backup Coverage Option (Todd Hubmer, WSB
and Carl Bennetsen, A.J. Gallagher& Co. will be present).
Todd Hubmer indicated that the League of Minnesota Cities indicated that they were considering
offering no-fault sewer and sanitary back-up coverage to the City of St. Anthony. He
indicatedthat the City of St. Anthony became eligible for this coverage option on June 1,
2001.
He indicated that he would review the brief details of this coverage,provided by Carl Bennetsen,
Arthur J. Gallagher& Co. of Minnesota, Inc.:
• Coverage is$10,000 per building per year. All buildings served by a single connection
are considered to be a single building. Covers clean-up costs and property damage
caused by sanitary sewer backup, subject to conditions:
the condition must be in the city's sanitary system, not a private line,
FEMA assistance available, then no coverage,
Electric power.interruption, 72 hours coverage limit,
National Weather Service designated 100-year storm exclusion,
National Food Ins. Protection(NFIP) insurance coverage or eligibility, or property-
owner's own insurance with flood coverage, no"no-fault sewer"coverage.
Hubmer stated that they were considering this coverage because all of the thirteen claims from
last season would have been covered under this coverage.
Hubmer indicated that, on April 22, 2001, there were ten claimants for sewer back-up, and that
all eight would have been covered under the plan.
Motion by Councilmember Hodson to approve Resolution 01-085, re: No-Fault Sewer Backup
Coverage Option.
Motion carried unanimously.
City Council Regular Meeting Minutes
November 13, 2001.
Page 7
d. Funding options for City Hall/Community Center Improvements.
Mayor Pro Tern Horst indicated this issue was a result of the Council's direction to City Staff to
explore funding options to renovate City Hall.
Mornson stated that he wanted to briefly summarize Roger Larson's funding options for the
proposed Community Center renovations.
Morrison indicated that there exist two funding options:
1. Designate funding from the HRA Projects Fund of$50,000 for each of the years 2002, 2003
& 2004.
2. Redirect the funds designated for LGA losses associated with the redevelopment of Apache
Plaza, totaling $150,000.
Councilmember Hodson indicated that he was interested in funding the project, but
recommended that they prolong the decision on this for three to six months and see what
legislation will bring.
Councilmember Thuesen indicated that he agreed with Councilmember Hodson's
recommendation to wait, see and hold at this time.
Mayor Pro Tern Horst stated that he also agreed with Councilmember Hodson. He indicated that
he appreciated the efforts of the task-force for the Community Center renovations.
Councilmember Sparks suggested that they commit to review the project in January.
Councilmember Hodson indicated that he thought reviewing the project in January seemed
appropriate.
Mayor Pro Tern Horst indicated that he felt that the legislative session would impact the decision
and that it may end up being put off until April.
Councilmember Sparks indicated that, as long as they agreed to review the project in January,
she was satisfied.
e. Review City Attorney's letter regarding Mayor vacancy.
Jerry Gilligan indicated that there was a memorandum in this evening's packet which detailed
the legal steps that were necessary in this situation.
Gilligan reviewed the memorandum with the Council. The statute provides that a vacancy in
an office"shall be filled by Council appointment." In the present case,the mayor's
resignation has created a vacancy, and the appointment of the new mayor must be made by
the City Council.
Mayor Pro Tern Horst indicated that, if someone were appointed this evening, they would
only serve until the end of 2001 and would then need to be re-appointed in 2002 and run for
City Council Regular Meeting Minutes
November 13, 2001
Page 8
election in 2003. He clarified for the viewers on cable that they discussed a lot of the details
regarding the mayoral position at the joint meeting between the City Council and the School
Board back on October 29, 2001.
Councilmember Hodson indicated that he was interested in the position of Mayor.
Motion by Councilmember Thuesen, second by Councilmember Sparks that Randy Hodson
complete the remaining term of Mayor of the City of St. Anthony.
Motion carried 3-0. ]Dodson abstained.
Mayor Pro Tern Horst indicated that Councilmember Hodson needed to take his oath of
office tomorrow with City Clerk Connie Kroeplin.
Mornson indicated that Councilmember Hodson needed to submit a formal letter of
resignation for his City Council seat.
Councilmember Thuesen indicated that he did not feel it was necessary to hold a special
election for the position of City Council member.
Councilmember Hodson indicated that he had a.candidate in mind for the City Council
position.
Councilmember Sparks indicated that she felt that they should go through a formal
application and interview process with candidates.
Mayor Pro Tern Horst indicated that he also had a candidate in mind.
Councilmember Hodson stated that he was part of the interviewing process a couple of years
ago. He indicated that Jerry Faust was a very worthy candidate at that time and was the
person he had in mind for the soon-to-be-vacant seat on the City Council. He added that
Faust had six_years of experience on the Planning Commission, and four years on the City
Council.
Councilmember Thuesen suggested that the two-year appointment be given to someone with
a great deal of knowledge, experience and connections. He stated that he supported
Councilmember Hodson's recommendation to appoint Jerry Faust to the City Council.
Mayor Pro Tern Horst indicated that he also supported the appointment of Jerry Faust to
fulfill the remaining portion of Councilmember Hodson's term.
Mayor Pro Tem Horst stated that they had the majority rule that Jerry Faust be appointed to
fill the seat of the soon-to-be-vacant seat on the City Council.
Mornson indicated that interviews for the seat appointment could happen in December, and
formal appointment could take place early next year.
City Council Regular Meeting Minutes
November 13, 2001
Page 9
Councilmember Sparks expressed her concern over rushing into the decision of what to do
with the Council vacancy.
Councilmember Hodson stated that he felt the formal election and interview process would
be postponing the inevitable and would still have the same outcome.
Councilmember Hodson resigned from the City Council of the City of St. Anthony.
Motion by Councilmember Thuesen to accept Councilmember Hodson's resignation.
Motion carried 2-1. Councilmember Sparks voted no.
Councilmember Sparks stated that she felt they were moving too quickly, and that they
should discern who else may be interested in the position.
Motion by Councilmember Thuesen to appoint Jerry Faust to serve Randy Hodson's
remaining term on the City Council.
Motion carried 2-1. Councilmember Sparks voted no.
7. INFORMATION AND ANNOUNCEMENTS.
Mornson indicated that he had distributed a schedule containing the future Council Agenda
Items and Meeting Dates. He requested that the Councilmembers hold onto the schedule, as
there are many important meetings up-coming:
• November 27 City Council Meeting: Review of Emergency
Operation Plan with Police and Fire Chiefs
• December 11 City Council Meeting: Public hearing on 2002 budget
• November 19 Interview prospective developers for Apache Plaza
• November 27 Interview of prospective developers for Stonehouse
Area(3 proposals)
• December 6 12-3 p.m., Special information work session with Jim
Prosser to review Apache and the Stonehouse
• December 11 5 p.m. interviews with Planning and Parks
Commissioners, if needed
• January 8, 2002 Public hearing on TIF amendments
• City Manager and Mayor will meet with Metropolitan Council, Senator Marty,
DNR, Kiwanis, etc.
• Central Park construction to end November 21, 2001
Councilmember Sparks indicated that Action and CPC (Community Prevention Coalition) in
SANBE was meeting on November 15, 2001 to discuss ways to coordinate efforts to serve
youths in the City of St. Anthony. The meeting was to be held at the City Hall in St. Anthony at
7:00 p.m.
Councilmember Thuesen indicated that he had the pleasure and honor of talking about the
government with the third graders of Wilshire Park a couple of weeks ago. He added that it was
City Council Regular Meeting Minutes
November 13, 2001
Page 10
a great experience, and that the students asked some really insightful questions.
Mayor Pro Tern Horst indicated that he attended the diversity program at Concordia. He stated
that it was an excellent program which he thoroughly enjoyed.
Mayor Pro Tern Horst congratulated Councilmembers Thuesen and Hodson on their recent re-
elections.
Councilmember Thuesen commended Mayor Pro Tern Horst on his performance as Mayor Pro
Tern during a difficult time.
8. ADJOURNMENT.
Motion by Councilmember Sparks to adjourn the meeting at 9:01 p.m.
Motion carried unanimously.
Respectfully submitted,
Courtney Seesz
TimeSaver Off Site Secretarial, Inc. _
Mayor -ff=t
ATTEST:
City Clerk
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 November 27, 2001
4 I. CALL TO ORDER.
5 Mayor Hodson called the meeting to order at 7:00 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Mayor Hodson invited the Council and the audience to join in the Pledge of Allegiance.
8 III. ROLL CALL.
9 Councilmembers present: Mayor Hodson; Councilmembers Sparks, Thuesen, Horst
10 and Faust.
I I Councilmembers absent: None.
12 Also present: City Manager Mike Morrison; City Attorney Jerry
13 Gilligan.
14 IV. APPROVAL OF NOVEMBER 27,2001 CITY COUNCIL REGULAR MEETING
15 AGENDA.
16 Motion by Councilmember Sparks to approve the November 27, 2001 City Council Regular
17 Meeting Agenda.
18 Motion carried unayimously.
19 V. PROCLAMATIONS AND RECOGNITIONS.
20 Mayor Hodson stated that Boy Scout Troop#711 and Troopleader Steve Hamiline were present
21 this evening. Mr. Hamiline indicated that they were present in order to fulfill the obligation for
22 their Citizen in Community Merit Badge.
23 Mayor Hodson thanked them for their presence.
24 VI. COMMUNITY FORUM.
25 Mayor Hodson invited residents in the audience to speak to the Council on items that are not on
26 the regular agenda:
27 Hearing none, Mayor Hodson moved forward with the agenda.
28 VII. CONSENT AGENDA.
29 Motion by Councilmember Thuesen to approve the Consent Agenda. Said Consent Agenda
30 consisted of.
31 A. Council Studv Session Meeting Minutes—November 13. 2001: and
32 B. Licenses/Permits, and
33 C. Claims: and
34 D. Resolution 01-086. re: Approve City Manager's Salary.
35 Motion carried 4-0.Faust abstained.
City Council Regular Meeting Minutes
November 27, 2001
Page 2
1 VIII. PUBLIC HEARINGS.
2 ..None.
3 IX. REPORTS FROM COMMISSION AND STAFF.
4 A. Planning Commission—November 20. 2001.
5 1. Resolution 01-089, re: Approve ordinance amendment request from Ken Solie for
6 2801-37`h Avenue NE. .
7 Planning Commissioner Chair Melsha reviewed the details of Resolution 01-089 with the
8 Council.
9 Melsha stated that the Commission recommended denial of amending the ordinance. He
10 stated that the Commission also recommended that Mr. Solie apply for a conditional use
11 permit.
12 Councilmember Sparks asked how about the length of the process as a conditional use
13 permit. City Attorney Jerry Gilligan stated that it would take about thirty days.
14 Councilmember Sparks asked about the conditional uses to be included in the conditional
15 use permit. Melsha indicated that quantifying conditions is their most difficult task. He
16 indicated that.the Planning Commission did not discuss the conditions at their last
17 meeting.
18 Councilmember Sparks asked if it was possible to set a limit in terms of odor and
19 something that they can enforce as a city. Gilligan stated that it was very difficult to do.
20 He added that, as a conditional use,there would exist some grounds for them more room
21 for enforcement of the conditional use.
22 Councilmember Thuesen stated that he was in favor of a conditional use permit for the
23. space.
24 Councilmember Horst asked what was and was not included under light industrial. He
25 added that he was concerned that their own needs could over-shadow businesses from
26 entering the city. He made reference to some of the fast-food restaurants in town that
27 emit some sort of odor.
28 Steve Levitus, President of Essenco,came forward and indicated that the fragrance is
29 very contained, and unlikely that the fragrances would escape the building to the extent
30 that they would reach residents across the street.
31 Ken Solie, owner of the property, came forward with a diagram of the discussed location.
32 He indicated that there are no service doors on 37' Street. Solie stated that the building
33 is set up with very extensive ventilation due to the past tenant, and that fragrances can
34 only escape through the back of the building. He concluded that he does not fear that
35 there will be an issue with fragrance.
City Council Regular Meeting Minutes
November 27,2001
Page 3
: 1 Councilmember Faust asked Levitus about the level of production that they practice at
2 his company. Levitus indicated that they are at the low-end of their mass market in terms
3 of percentage of fragrance by weight.
4 Mayor Hodson stated that he would like to see the Planning Commission review the
5 conditional use permit route and the associated conditions. He added that Solie had
6 written a letter to the city back on November 25, 2001, and asked Mr. Solie to share the
7 contents of his letter.
8 Councilmember Sparks clarified that the only problem that they are facing at this point
9 with a conditional use permit was that it delayed Essenco's occupying the space by one
10 month. Levitus agreed, and added that the one-month delay was quite an inconvenience
11 to them.
12 Solie's letter explained the history of the process that they have undergone thus far,
13 which has been quite extensive. He expressed his disappointment with the unforeseen
14 obstacles that they have faced. He added that they fully understood taking the route of
15 conditional use permit, but added that it delayed the process another thirty days.
16 Solie indicated that they could set a certain criteria between themselves and City Staff.
17 Gilligan indicated that the problem would exist with the next candle manufacturer that
18 would come to'town and want to enter the same facility. He indicated that the city would
19 not have the same set of standards if they did not get a conditional use permit. -
20 Mayor Hodson asked Gilligan for his recommendation. Gilligan recommended that they
21 use a conditional use permit, in order to protect them from future candle-making
22 companies from entering under the same conditions.
23 Councilmember Horst indicated that they were trying to quantify the odor issue, which is
24 not possible, and felt that they were over-discussing the issue. He added that he did not
25 want to throw all caution to the wind.
26 Councilmember Thuesen agreed with Councilmember Horst when he stated that they do
27 not examine the potential odor of other establishments, which emit odors.
28 Councilmember Horst added that he would prefer to set conditions under a conditional
29 use permit.
30 Levitus stated that there have been several different candle-making companies that have
31 gone into several suburbs of Minneapolis within the last couple of years.
32 Councilmember Thuesen wondered if it shorten the length of the process if the Council
33 denied the request for tonight and recommended going the route of a conditional use
34 permit also approving an ordinance that would allow the production of wax.
35 Gilligan stated that if they did the ordinance amendment tonight, as well,they would
36 save a couple of weeks, by eliminating one step in the process.
City Council Regular Meeting Minutes
November 27, 2001
Page 4
1 The Council decided that they would like to take the route of conditional use permit,
2 while still helping to move the process along for Mr. Solie and Mr. Levitus.
3 Motion by Councilmember Sparks to amend code 1640.03.to add as a conditional
4 permitted use the manufacturing of scented wax candles.
5 Motion carried unanimously.
6 2. Resolution 01-090, re: Approve conditional use permit request from Michele Rae
7 for 2500 Highway 88.
8 Planning Commission Chair Melsha reviewed the details of Resolution 01-090 with the.
9 Council, and mentioned that Michele Rae was present to answer any questions regarding
10 her request.
11 Michele Rae came forward to review Curves for Women, and the type of workout that it
12 provides women.
13 Councilmember Horst confirmed that the establishment is for women only. He also
14 confirmed that there is no plan for a locker room facility in the establishment.
15 Motion by Councilmember Sparks to approve Resolution 01-090, re: Approve ordinance
16 request from Michele Rae for 2500 Highway 88,under the findings of the Planning
17 Commission. ,
18 Motion carried unanimously.
19 3. Resolution 01-091, re: Approve conditional use permit request from Village
20 Blend for 2900 Pentagon Drive.
21 Planning Commission Chair Melsha reviewed the details of Resolution 01-091 with the
22 Council, and mentioned that Mr. and Mrs. Pavelka and Tom Brever were present to
23 answer any questions regarding their request.
24 Brever, attorney to the Pavelka's and proposed investor of the Village Blend Cafe, came
25 forward to address the Council. He stated that the issue as to whether,or not this
26 constitutes a restaurant comes up under the conditional use permit.
27 Brever reviewed the definition of restaurant under two different statutes. He stated that
28 the statutes have recently been construed under a recent court decision. He added that he
29 feels that the Village Blends Cafd does constitute a restaurant under Minnesota statute.
30 Councilmember Horst asked if they have thought about the restaurant element of the
31 proposed Cafe growing. Brever indicated that they plan to take small steps toward a
32 fuller-service kitchen.
33 Motion by Councilmember Thuesen to approve Resolution 01-091, re: Approve
34 conditional use permit request from Village Blend for 2900 Pentagon Drive under the
35 findings of the Planning Commission.
City Council Regular Meeting Minutes
November 27, 2001
Page 5
1 Motion carried 4-0. Hodson abstained.
2 4. Ordinance 2001-004,re: Wireless Telecommunication Towers and Facilities
3 Ordinance(I"reading).
4 Melsha indicated that the ordinance has been an issue for them for over a year. He
5 reviewed the ordinance with the Council, and provided them with additional details of the
6 process that they have undergone.
7 Melsha touched on a couple of the definitions contained in the ordinance and expounded
8 on them for the Council.
9 Melsha stated that the idea was to encourage and require that Wireless
10 Telecommunication Facilities (WTFs)be collocated.
11 Mayor Hodson commended Melsha on an outstanding job on the ordinance. He
12 indicated that they were several dead-areas in the city, and asked if there have been any
13 wireless service providers that they have had to deny their entering the city in the past.
14 Melsha indicated that he was not aware of any wireless service providers have been
15 denied entering the City of St. Anthony.
16 Councilmember Thuesen also commended Melsha and the Planning Commission. He
17 referred to the ordinance and asked about Subdivision 10, letter B in the ordinance, and
18 asked how likely is it that wireless service providers will do their best to collocate.
19 Melsha stated that there is certainly a spirit there, but it was certainly something with
20 which the Planning Commission struggles.
21 Councilmember Horst stated that the ordinance covers antennas that are located both on
22 city-owned properties and industrial zones, and asked if the ordinance covered private
23 properties, as well. Melsha stated that the two areas that Councilmember Horst
24 mentioned could be administratively approved, and that other areas could be used as
25 conditional use permit.
26 Motion by Councilmember Faust to approve Ordinance 2001-004,re: Wireless
27 Telecommunication Towers and Facilities Ordinance (I"reading).
28 Motion carried unanimously.
29 Mayor Hodson kindly gave the Boy Scout Troop#711 the opportunity to leave at this
30 time. The troop gladly accepted and left Council Chambers at 8:23 p.m.
31 B. City of St. Anthony EmergencPlan(Chief Engstrom Chief of Police and Fire Chief
32 Hewitt will be present).
33 Chief Engstrom came forward to address the Council. Chief Engstrom explained that there have
34 been a lot of questions from the community regarding their Emergency Plan. He added that
35 many of the phone-calls that they have received were regarding in-coming mail, and safety of
36 the water supply.
City Council Regular Meeting Minutes
November 27, 2001
Page 6
1 Chief Hewitt stated that the Emergency Plan was a result of a City Council Resolution in 1972,
2 and is managed by the Emergency Manager(Fire Chief).
3 CITY EMERGENCY PLAN
.4 • Plan utilizes all City Departments to manage an emergency.
5 • Emergencies include:
6 o Large complex fire incidents
7 o Wind/winter storms
8 o Natural disasters
9 o Hazardous materials releases
10 o Mass casualty incidents
11 o Radiological incidents
12 Utilizes the Public Works for:.
13 o Engineering
14 o Debris removal
15 o Utilities
16 Utilizes the Fire Department for:
17 o Fire suppression
18 o Search and rescue
19 o Communications/Incident Management
20 o Emergency medical services
21 o Mitigate/Control hazardous materials releases
22 Utilizes the Police Department for:
23 o Law enforcement
24 o Traffic control.
25 o Security
26 o Evacuation
27 Utilizes the City Manager for:
28 o Initiate the emergency call list
29 o Obtain reports and initiate a record keeping system
30 o Set up emergency City Administration
31 o Conduct disaster survey with Mayor
32 o Check out local needs of residents/business'
33 Utilizes the Mayor for:
34 o Obtains information from the City Manager and Emergency Manager on
35 emergency conditions
36 o Conducts tours of disaster sites, as appropriate
37 o Prepares press and informational releases
38 o Makes contact with County, State Agencies and Governor
39 o Coordinates information with city PIO
40 Hewitt stated that the City of St. Anthony does not have a plan for terrorism, bio-terrorism,
41 chemical warfare, nor weapons of mass destruction. He added that there is no handbook on what
42 to do, and that they are creating what to do, since the events of September 11, 2001, which is not
43 to say that there is no plan at all.
City Council Regular Meeting Minutes
November 27, 2001
Page 7
1 Hewitt added that the city's Emergency Plan does have plans within it to deal with weapons of
2 mass destruction, or bio-terrorism. He indicated that the Fire Department does not have the
3 ability to handle a terroristic attack alone, but that a response would either be regional, or
4 involve several departments, utilizing resources from surrounding departments and agencies.
5 Hewitt reviewed the areas within the state that have equipment and staff to aid the City of St.
6 Anthony in the case of an emergency.
7 Hewitt indicated that the Fire Department has daily contacts with the Hennepin Sheriff and FBI
8 providing up-to-date information and alerts. He added that he also has daily contact with other
9 Fire Chiefs, and good working relationships with other agencies.
10 Engstrom stated that the Police Department also has daily contacts with either the FBI,county,
11 or state. He added that there will be a program put on by Minnesota Management Systems the
12 morning of November 28, 2001, and that attendance should be mandatory for the Fire
13 Department and the Police Department.
14 Hewitt stated that, like everyone else, they are on constant alert,not panicking, and are aware of
15 what is going on around them. He asked that everyone else also be aware of what is going on
16 around him or her, as well, and to report anything that is suspicious. He added that it is as
17 important that we all go on with our lives.
18 Engstrom stated that no one could be prepared for what has happened, and stated that he has a
19 copy of the individual strategies and plans for each city. He added that he felt that they were
20 doing a pretty good job in their cooperation efforts and return to normalcy.
21 Mayor Hodson thanked Engstrom and Hewitt for their commitment to come forward and share
22 the Emergency Plan for the City of St. Anthony in case of an emergency.
23 Councilmember Sparks asked what the role was of the Chief Health Officer in the Emergency
24 Plan. Engstrom indicated that Dr. Carr was in that role, but that he was uncertain of his role.
25 Mornson indicated that he did not think that there was much of a role, if any, for the Chief
26 Health Officer to play. Mayor Hodson asked that Engstrom look into the potential role of the
27 Chief Health Officer in the Emergency Plan.
28 Mayor Hodson thanked the Engstrom and Hewitt for addressing the Council and public this
29 evening on the Emergency Plan for the City of St. Anthony.
30 X. GENERAL POLICY BUSINESS OF THE COUNCIL.
31 A. Resolution 01-087, re: Approve union agreement with Police Department and Resolution
32 01-088,re: Approve union agreement with Public Works Department.
33 City Manager Mike Mornson reviewed the resolutions with the Council. He indicated that,
34 under the contracts that were agreed to, they went under mediation and came to an agreement.
35 Mornson stated that it was good that they came to an agreement before the end of the year. He
36 reviewed the changes for the Public Works contract, as well as the changes for the Police
37 Contract.
City Council Regular Meeting Minutes
November 27,2001
Page 8
1 Mornson stated that the Fire Fighters contract has been rejected by the Fire Fighters.
2 Mayor Hodson asked what happens come December 31,2001 with the Fire Fighters. Mornson
3 indicated that nothing changes for them until an agreement is reached. He added that there has
4 not.been a conversation with them since they have rejected the offer. He stated that they meet
5 again,but his opinion is that, as a city, it will be difficult to compromise what they have offered
6 the Fire Fighters because it has been accepted by two of the other unions. Mornson stated that
7 he shared that information with the Fire Fighters.
8 Councilmember Sparks asked Mornson what the stumbling block was with the Fire Fighters
9 contract. Mornson indicated that it was not clear to him either,but speculated. He stated that
10 one of the issues was that they are looking for 80%coverage of family health insurance.
11 Councilmember Sparks asked what the coverage was at this time. Mornson indicated that it is
12 between 68-72%.
13 Mornson continued that the Fire Department would like to negotiate the terms and conditions of
14 the housing code enforcement.
15 Mornson stated that his position is to stick with what has been agreeable for the Police and
16 Public Works Departments.
17 Motion by Councilmember Sparks to adopt Resolution 01-087,re: Approve union agreement
18 with Police Department and Resolution 01-088, re: Approve union agreement with Public Works
19 Department.
20 Motion carried unanimously.
21 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
22 Mornson indicated that there has been a lot of interest in the openings-on the Parks and Planning
23 Commissions. He reviewed the status of the interviews, and asked the Council what path they
24 wanted to take.
25 Councilmember Thuesen stated that he was in favor of interviewing all.candidates. It was
26 immediately determined that it was a unanimous decision on behalf of the Council that all
27 candidates be interviewed.
28 Mornson indicated the primary reason for the City Council Study Session Meeting of December
29 6, 2001. He stated that he and Jim Prosser and John Shardlow interviewed several development
30 proposals. He indicated that a decision did not need to be made tonight,but wanted the
31 Councilmembers to give it some thought.
32 Councilmember Sparks requested any information about the developers before the meeting of
33 December 6, 2001.
34 Mayor Hodson asked when they would receive the community surveys back from residents.
35 Mornson indicated that they should have them back by the beginning of 2002.
City Council Regular Meeting Minutes
November 27,2001
Page 9
1 Mornson stated he and Mayor Hodson would be attending a State-of-the-Region address on
2 December 12, 2001 where they will discuss the different projects of the Metropolitan Council.
3 He encouraged other Councilmembers to attend.
4 XII. INFORMATION AND ANNOUNCEMENTS.
5 Councilmember Faust stated that he had attended a League of Minnesota Cities Policy Adoption
6 Conference on November 16, 2001 where they adopted the League of Minnesota Cities Top Ten
7 Priorities which will be contained in the League of Minnesota Cities newsletter. He added it was
8 good to be back to re-establish some contacts.
9 Mayor Hodson indicated that he was starting a"Coffee With the Mayor"get-together on
10 Saturday morning, December 1, 2001 from 7:30 a.m. to 9:30 a.m. in Council Chambers.
11 XIII. ADJOURNMENT.
12 Motion by Councilmember Thuesen to adjourn the meeting at 9:13 p.m.
13 Motion carried unanimously.
14 Respectfully submitted,
15 Courtney Seesz
16 Timesaver Off Site Secretarial, Inc. ;
17
18 Mayor
19 ATTEST: d7e,� 7
20 City Clerk
14 Planning November 2001
Smart Money-
By Michael Barrette
Smart growth
plans are m, Y
but local -
overnments
have a hard
time fm chn the
cash to carry
out the
mandates.
arlierois year,city conventional means.It has set aside money in when it comes to helping communities pre-
officials in Rochester,New York,completed a its annual budget for comprehensive planing. pare smart growth plans.Wisconsin is one.In
groundbreaking new comprehensive plan. It also has dedicated a portion of its federal 1999, the state legislature passed a measure
"Rochester2010:The Renaissance Plan,"which Community Development Block Grant allot- requiring every city,village,county,and town
took two-and-a-half years to prepare, is ori- ment to planning. While CDBG funds are to produce a comprehensive plan that meets
ented toward smart growth;.it encourages often associated with large-scale projects such certain standards.The legislation outlined 14
pedestrian-friendly design and increased den- as land assembly and convention center devel- goals for the local plans,correlating with goals
sines in 28 design districts. Zoning director opment, planning is also a legitimate use of set for state agencies.They include:encourag-
Margaret Wuerstle says the city is now rewrit- the money—if a city has the political will to ing urban redevelopment; providing trans-
ing its zoning code to reflect the goals of the dedicate funds to this cause. portation alternatives; protecting natural at-
new plan and has already begun work on an In Rochester,says Wuerste,that will comes eas,farmland,and forests;promoting affordable
update. directly from the mayors office. For the past housing;and fostering intergovernmental co-
several years,smart growth has been high on operation.
And who is paying for all this the agenda of Mayor William A.Johnson,Jr. According to Dave Ciesliewicz, executive
1E
planning? "The mayor understands the concepts and director of 1000 Friends of Wisconsin, the
In most communities,truth be told,funding the importance ofsmart growth,"says Wuersde. 1999 legislation was necessary because only i
a smart growth plan is not very different than He also understands the importance of engag- 29 percent of Wisconsin's communities 4ad
funding any other sort of plan. Some states ing the community.More than 400 commu- any sort of land-use plan in place and the
have funding mechanisms in place,but many niry groups took pan in the planning process plans that did exist were often outdated or
others, including New York, do not, which that led up to Rochester 2010. poorly conceived.
means that local governments are left to their To motivate local governments, the state
own devices. State aid provides "two carrots and a stick," in
Rochester has funded its entire effort by Some states are more generous than others Ciesliewicz's words. One carrot is the state's
— ------------_—.�� Vii_-
15
are available for things like the development of areas by July 2000.Like Wisconsin,Tennes-
affordable housing.Once the dividend isfiinded, see provided incentives to spur communities
. communities will be able to rum in their credits into action.But no new agency was created to
for money,"he says. oversee the process and no funds were appro-
` Now for the stick a consistency requirement priated to help make it happen.
that comes into play in 2010. "By then,"says . The major incentive was a point system.
Ciesliewiez,"every community has to meet the Local governments that met the July 2000
comprehensive plan requirement or be subject deadline received extra points that could be
to being hauled into court for any decision not applied to various state grant proposals.Those
backed by a valid comprehensive plan." that missed the deadline had an additional
Planning grants are awarded in a competi- year to complete their plan with no penalty,
tive process. In the first round, 71 of 103 but got no extra points.
applicants received awards. Applications are Any community failing to meet the second
reviewed by a panel and scored according to deadline would lose its eligibility for some
how well they meet six weighted criteria.This state grants and be vulnerable to legal chal-
year.the highest score (89) went to Portage lenges, says Sam Edwards, AICP, deputy ex-
County in central Wisconsin. It received- ecutive director of the Greater Nashville Re-
$504,000 in state money. gional Council. Edwards, who is also the
Planning and zoning director Charles Kell agency's legal counsel, coauthored the new
attributes his county's success to.its coordi- planning legislation with Bill Terry,AP,the
nated approach."The grant program is strut- planning.director of Goodletwille,just north
tured heavily toward intergovernmental plan- of Nashville.
ning, and we have a strong history of that According to Edwards, the lack of a state
here," he says.All of the county's local gov- oversight mechanism was intentional. Not
ernments (one metropolitan area, three vil- creating a new agency or providing new fund-
lages, and several rural townships) were in- ing-was the only way to get political support .
volved, and all contributed funds according for the bill,he says.
to their population to match the state dollars. The new law,--Public Chapter 1101, re-
quires 92 of the state's 95 counties to com-
plete a.20-year comprehensive growth policy
plan and get the plan approved by every com=
munity in their county--a monumental task'.
Stevens Point in Portage County, (Three counties are exempt because they are
Wisconsin,(above)is one of the ° :part of metropolitan areas.)Intergovernmen-
many areas that will benefit from tal cooperation is key,Edwards says,because
a$504,000 state pla n n i ng gran t of the plan's consistency requirements.Amend-
that Portage County recently ments are possible after three years,but they
received.Rochester,New York,at must be agreed to by all the locafgovemments
right,uses a slide show on its included in the plan.
website to help illustrate'what Only three counties failed to meet the dead-
happens when people move from line,and one of those had received an wen-
Rochester neighborhoods into ones sion,Edwards says,adding that the quality of
farther from the central city. the plans varies.,Some counties really did
complete comprehensive plans,he says,while
others just met the minimum requirements.
first-ever planning grants.In January,the first The total of the combined funds:$1 million. Now that they are better acquainted with
round($3.5 million) of matching grants was Kell also believes that Portage Countyscored the advantages of planning,some of the coun-
awarded. The next biennial budget includes well because its application, which was pre- ties have already begun to work on amend-
another$6.2 million in marching grants.Higher pared in-house, demonstrated a detailed un- ments to upgrade their initial efforts."If there
levels of grants are available for plans that derstanding of the communities served by is a weakness in the planning requirement,it
embrace regionalism and intergovernmental county planners. "We were able to hit the is that there was no state oversight,but then
coordination. mark because we are so very familiar with the again the strength of the plan is that it is
The second carrot,the"Smart Growth Divi- local issues,"he says. locally driven,"he says.
dend,"is unique to Wisconsin,Ciesliewiez says. All of the planning was done using existing
"It rewards communities for having a compre- Unfunded mandate budgets; services, and personnel. "Agencies
hensive plan that meets the minimum standards Communities in Tennessee faced an enor- did not get additional funds,"says Edwards,
and further rewards them for addressing specific mous challenge in 1998 when•the state re- "but they prioritized and they dropped every-
goals. For example, for every house on a lot of quired municipalities and counties to create thing to get this done.They recognized that
four acres or less,you get a credit.Further credits urban growth boundaries and designate growth this was a great opportunity.Some communi-