HomeMy WebLinkAboutCC PACKET 06281983 Meeting Sheet
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iooass
Box: 16
Folder: CC PACKETS 1981-1984 & 1987
Document: CC PACKET 06281983
CITY OF ST. ANTHONY
COUNCIL AGENDA
July 26 ,1983
. 7: 30 P.M.
- A. Call to Order/Pledge of Allegiance
B. Roll Call
C. Approval of July *12 , 1983 Minutes
D. Licenses/Permits/Petitions
E. Presentation of Claims
1 . Verified Claims
2. Short- Elliot Hendrickson, Inc. $1010 .36
3. Consideration of Final Payments for St. Anthony Blvd. Bridge.
F. Reports.
1. Council.
a-. Mayor Sundland d. Councilman Marks
b'. Councilman Enrooth - e. Councilman Ranallo
C. Councilman Letourneau
2 . Departments/Committees
a. Financial Monthly Report-June 1983
b. June Fire Report.
C. Tar problem update - Larry Hamer
3. City Manager .
a. Staff Meeting Notes
b. Clark Oil Property update
c . Schedule budget work . sessions/memo from Gov. Perpich
G. Public Hearings .
1. Elmwood Lutheran Church-Conditional Use 7: 30 -P .M.
2. Robert Slick - Conditional Use 7:45 P .M.
3. Good Luck Cafe - Variance, Rezoning, Conditional Use 8 :00 P.M.
H. New Business .
1. -. Purchasing Agreement with the City of Minneapolis .
I. Unfinished Business
J. Adjournment
-s -
r'
CITY OF ST. ANTHONY
COUNCIL MINUTES
July 12 , 1983
The meeting .was opened at 7: 30 P.M. with the Pledge of 'Allegiance led
by Mayor Sundland.
Present for roll call: Ranallo, Sundland and Enrooth.
Absent: Letourneau and Marks .
Also present: David Childs, City Manager and Lee Entner, Fire Chief .
The following corrections were made to the June 28th minutes :
Page 1, para. 5 : Substitute "Arden Hills" for "Fridley" .
Page 6 , last para. : Councilman Letourneau indicated he intended to
abstain from the vote because he is employed by
Minnegasco.
Motion by Councilman Ranallo and seconded by Councilman Enrooth to
approve as amended the minutes for the Council meeting held June 28 ,
• 1983.
Motion carried unanimously.
Motion by Councilman Ranallo and seconded by Councilman Enrooth to grant
all licenses listed in the July 12 , 1983 Council agenda as follows :
Heating licenses to: Northwestern Service , Inc.
Central Air .Conditioning & Heating Co.
. St. Marie Sheet Metal , Inc.
Temporary 3. 2 beer permits, for consumption, but not sale, to: Joseph
W. Colianni,, 3159- Johnson St. N.E. (works in City) for the Sons of
American Legion #513 softball tournament to be held in Central Park
from 12 : 30 P.M. to 4 : 30 P.M. , July 30 , 1983; Richard Lundeen, 3904
Fordham Drive N.E. , for St. Anthony High School 20 year reunion to be
held in Central Park from 12 :00 P.M. to 6 : OO P.M. , July 24 , 1983 .
Motion carried unanimously.
Mr. Childs corrected the- vendor for Claim #94966 in the verified claims
for July 12th. -.
Motion by Councilman -Ranallo and seconded- by :Councilman. Enrooth to
approve payment of -all verified claims listed in the July 12, 1983
Council agenda including= the correction made by the� Manager.
Motion carried unanimously.
4
-2-
Motion by Councilman Enrooth. and seconded -by Councilman Ranallo to
• approve payment of the following claims as listed in the July 12 , 1983
Council agenda.
#2. $504 . 24 to be paid to the City of Minneapolis for the City 's - share
of the costs of operation and maintenance of the traffic .semaphore
at the intersection . of Lowry Avenue and Stinson Boulevard N.E.
#3. $2, 777 for membership dues . in the League of Minnesota Cities .
#4. $535 . 03 to be paid to Short-Elliott-Hendrickson, Inc. for con-
struction services on the St. .Anthony Boulevard Bridge project.
#5. $1, 419 . 62 to be paid to Short-Elliott-Hendrickson, Inc. for the
plans and specifications as well as supervision of the City water .
tank painting project.
#6 . $12, 601 to be paid to Midwest Area, Inc. for Worker's Compensation
policy downpayment and first installment.
V. $4, 690 to be paid to Midwest Area, Inc. - for business automobile
policy downpayment and first installment.
#8. $11, 715 to be paid to Midwest Area, Inc. for package policy down-
payment and first installment.
• Motion carried unanimously .
Mayor Sundland. indicated the proprietors of Vincenzo' s Restaurant in
the shopping center which is going to be redeveloped had told him many
of their customers reported thinking the restaurant was no longer in
operation having read all the publicity given the Kenzie Terrace
Redevelopment Project.
Mr. Childs was requested to inform the Planning Commission that the
Council believes it would be reasonable for the Commission to consider
some type of temporary signage which might be developed in conjunction
with the sign planned by the developers of the Kenzie Terrace Redevelop-
ment Project which could list the businesses which are still in opera-
tion in the St. . Anthony Village Shopping Center.
Councilman Letourneau arrived during this discussion at 7: 45 P.M. , and
indicated he agreed with the Mayor- that such a sign could not be con-
sidered precedent setting because the conditions under which the
temporary permission would be granted are unique to only this group of
businesses.
Councilman Ranallo reported he . and. many other residents in his .neighbor
hood had suffered a. great deal of tree damage during the recent wind
storm..and there had been .a lack of. cooperation on the part of the City
rubbish haulers to remove the .damaged limbs and branches . He wondered
• if the haulers .don' t intend to honor the agreement they made last
spring- when the City .discontinued. the branch pickup program, whether
that program should not be reinstated. '- Councilman Enrooth indicated it
-3-
• was hard for him to believe the private sector could not take care of
the problem cheaper than the costs for the. Public Works Department to
do the work which had been quoted when the City pickup was discontinued.
He is going to see what a tree removing company charges him for taking
down a diseased tree on his property. Mr. Childs indicated he would
talk to the City garbage haulers.
The Mayor reported on his recent television appearance in which he had
attempted to reinstate the City ' s credibility which he perceived was
damaged by irresponsible and inaccurate--media reports dealing with the
traces of contaminants which had been found -in the City 's water supply.
Although his own report was shortened and patched together, Mayor
Sundland indicated he was happy to see the MPCA representative appearing
with him had been given the opportunity of setting the record straight
and allaying some of the residents ' fears which had been raised by the
distorted reporting. The Manager indicated he is preparing a special
Newsletter article to further clarify the problem for the residents .
Council members had been provided a copy of the Mayor's proclamation
of congratulations to the St. Anthony High School marching band for
winning first place in recent competitions in Philadelphia and Washington,
D.C. which had been read by the Mayor when the band returned home from
their tour.
Mr. Childs told Councilman Enrooth the manufacturer' s representatives
• from the company which had sold the patching material to the City which
had turned sticky on about two miles of all the streets which were
treated had taken samples of the defective material back to the factory
so they could attempt to find some solution to correct the problems
the residents on the Councilman' s street and on Wendhurst, Penrod,
Skycroft, 31st and 33rd Streets as well as several others , when the
materials turn sticky whenever the temperatures rise over 80 degrees .
Mr. Childs said the company had indicated to him that this was the first
instance . of this kind their company had experienced in 30 years they
have been in business, even in Arizona and the South, where the
weather is much warmer than in St. Anthony . The results of the tests
would probably not be back for at least a week, and the Manager reported
the City crews are spreading sand over the faulty material in the
interim. As reported in the Staff Notes ,, Mr. Childs would be discussing
the situation in the next Newsletter.
The Manager reported the Public Works Department had mowed the North-
gate property after the City had received no response to letters to the
owners , who had been charged for the work.
Mayor Sundland congratulated Chief Entner on the trade he had negotiated
with Roseville, as reported- in the Staff dotes .
Mr. Childs indicated the Fire Department would be receiving another
Rescusi-Anni from the Kiwanis Club.
Council members indicated they would like to participate with the
Planning Commission in the two hour presentation by the Metropolitan
Council on how the City could develop their Six Year Capital Improvement
l�
-4-
Program which would be scheduled for 7: 30 P.M. , August 2 , 1983 .
• Mr. Childs indicated any projected liquor operations .project would be
included .with staff recommendations for the study.
The Clark:-Oil Company had .responded to recent letters from City officials
about the maintenance of their abandoned gas. station on the corner of
33rd Avenue N.E. and Stinson Boulevard by reiterating that they have a
contingency sale in the offing for the property. The Mayor indicated
he had been given the same answer when he contacted the company re-
garding a- prospective buyer for the property. Councilmen Ranallo and
Enrooth noted the oil company has been giving the same reply for years
and has let their property run down in the meantime and indicated they
now believed the City had to "get tough" with Clark by giving them
10 days to put up barricades around the station to keep cars and people
out and to prevent possible incidents of fire, etc.. , which are inherent
to such abandoned property. It was agreed that these steps should be
taken by the City and charged to Clark, if there is no response within
the' 10 days .
The May Financial Report, . June Liquor Operations Summary and July 6th
Staff Notes were accepted as informational.
Motion by Councilman Ranallo and seconded by Councilman Letourneau to
follow the recommendations of the Public Works Director as reflected
in his July 5, 1983 memorandum to adopt Resolution 83-035 which would
authorize the engineers to proceed with plans for the construction
of a watermain on County Road D between Silver Lake Road and Highcrest
Road in conjunction with the reconstruction of that street by Ramsey
County.
RESOLUTION 83-035
A RESOLUTION AUTHORIZING SHORT-ELLIOTT-HENDRICKSON, INC.
TO PREPARE PLANS AND SPECIFICATIONS FOR CONSTRUCTION
OF A WATERMAIN ON COUNTY ROAD D
Motion carried unanimously .
Motion by . Councilman Ranallo and seconded by Councilman Letourneau to
adopt the resolution which would change the date for granting the
firefighters uniform allowance from July to January when other employee
allowances are granted, under the policy revised July, 1983.
RESOLUTION 83-036
A RESOLUTION APPROVING A RESERVE
FIREFIGHTER UNIFORM ALLOWANCE
Motion carried unanimously.
Motion by Councilman Ranallo and 'seconded by Councilman Letourneau to
adopt' Resolution 83-037.
•
-5-
• RESOLUTION 83-037
--A RESOLUTION RATIFYING THE 1983 AGREEMENT BETWEEN
- THE CITY AND HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES
UNION-, LOCAL NO.. 17, AND AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY
Motion carried unanimously.
Motion by Mayor Sundland and seconded by Councilman Enrooth to adopt
Ordinance 1983-004 .
ORDINANCE 1983-004
AN ORDINANCE GRANTING THE SRA UNIFORM
GAS FRANCHISE (MINNEGASCO)
Voting on the motion:
Aye: Sundland, Enrooth, and Ranallo.
Abstention: Letourneau.
Motion carried.
Prior to the meeting, the Mayor had complimented Chief Entner on the
fine report he had made on the Council ' s workshop with the Fire Depart-
ment June 28th, related to the purchase of the new fire pumper. In
his July 8th memorandum, Mr. Childs had set down the specifics for the
bids which would be taken and he told the Council these would be the
same specifications which would be adopted by the five cities who
would join the City in the purchase effort, at what he anticipates
would be a great savings to the City. -
Motion by Councilman Ranallo and seconded by Councilman Letourneau to
authorize the advertisement for bids for the purchase of a new fire
pumper under the joint purchasing effort with other municipalities
with the adoption of Resolution 83-038 .
RESOLUTION 83-038
A RESOLUTION ORDERING ADVERTISEMENT FOR BIDS
FOR THE PURCHASE OF A NEW PUMPER FIRE TRUCK
Motion carried unanimously.
Motion by Councilman Ranallo . and seconded by Councilman Enrooth to
adjourn the meeting at 8 :12 P.M.
Motion carried unanimously.
-6-
Immediately after adjournment Chief Entner introduced Tom Fahrenholz,
Richard Lundeen, and Ben Lonsky, members of his department who he said
should share the credit for developing the fire truck specifications.
Councilman Ranallo congratulated them all on the fine job they had
done in preparing the reports which show that a new fire pumper is
actually the only possible alternative .
Respectfully submitted,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk
I
LICENSES FOR AGEMA PACKET
• JULY 26, 1983
HEATING LICENSE
Blaine Heating & Air Cond.
CIGARETTE LICENSE
Twin City Vending Co. , Inc
(machine at Berger Transfer)
TEMPORARY BEER PER UT CConsumption not sale)
Ties (Dean Anker)
for picnic & softball game
•
-----7
JUN 11983-
.
HEATING LICENSE APPLICATION
btatt of Binntgda, 1 CERTIFICATE OF INSURANCE REQ.
4R.
County ofHENNEPIN/WSEY . .......... July 1, 1983 to July 1, 1984
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OF...............ST. ANTHONY ...................IX MID COUNTY .4xD ST.4TE:
t. ..... ..................................................................................................
t The undersigned hereby applies for a license, to carry on the business of...................................•........................,•„
................HEATING...WORK.....................................at........VARIOUS...LOCATIONS.................................................................................
in the....................
CITY................................of......ST.—.ADITH.ONY..........................................in said county and state for the.
terra of.........ONE....YEAR........................................from the date hereof, subject to the laws of Minnesota and the
ordinances of said.........CITY.................. ; and herewith tenders j,...15.00.....................aa the license
feetherefore................ ..................................................................................................................................................
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1 on lit/ f HENIdI ilairch 15, 19� to March 15, 19j�c
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David Patnode, Vice President
Twin City Vending Co. , Inc.
1065 E. Hwy 36 , St. Paul, MN 55109
CITY OF ST. ANTHONY
DEPARTMENT OF LICENSING/PERMITS
' The following is application for use of liquors, including non-toxic
liquor (3.2 Beer) In City parks.
FULL NAME OF APPLICANT 2 k 7 95'
ADDRESS
AGE 3 S
` t certify that I am a resident of St. Anthony/or work in City of S
- Y .t
r
am responsible for conduct OF his/her group.
s
Signature of applicant
6 NAME OF GROUP
r
$50.00
NO. 2 O
Cleanup Deposit r PARK LOCATION c
Received by;
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• �t s, �ih
NDUJIMH FICT
Mw/Lar Ad• SL 111 Mw M 55416 a Maw 7f 4MM
pidolii Form faennit No: Q�[
Name *'� _ _;--- _ ,® � ,�.
Address Ij j �`t��-� :r. DatA ...
Name of Group or OrpanitatW
.. ..._ - - ..are•- ,•aw r`r� .+. .... .. .. •.� - . �,�. - ->�;�:;_. •+,.ra•,., .�r,-s�„tits:. -
Intended Use C,1114
f: Qtl!tessl wansffd Oaa� M,T Y�Y:T
Sam •t°r, °r r � ..+� :-`+c- try's s --- -- - ... _. i S _
Building:
High School Auditorium
;��*� - Park.View• � e�`syv� !�-. CalAbAafe:�-=.�-��:��f:-�����: �++1-�li�
Wilshire Park Elem. School Classrooms) N
=Other '-^r A,_i it F-1, L r_l�r��r I, ( Gymnasium (If High School, circle one:
r OLD NEW )
Kitchen
._ Other .
Doors to open am m Expected attendance:
Activity begins am pm Admission: Free Charge
�,r,, ctivity ends am li,W pm Will merchandise be sold?
l� 0
oppecial arrangements needed (chairs, cooks, AV equipment, etc.): ;
C
I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their
name the responsibility for observance of the rules and regulations of the Board of Education, Independent School
District #282. As a group or organizational agent,l will attend this function,and I will be solely responsible for giving
any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on
duty is necessary for admittance for the Mal date. In accepting this arrangement, rentee agrees to hold harmless
I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for
potential damages incurred in this rental arrangement.
I
(signature of responsible person)
Bill to: -
(nama) (address) .L.
•----- --- - .. • . a. _ FOR OFFICE USE-ONLY
Ins Approved by _ —1�
Class In r` Date
Charges: Rental - ���, Custodial t
:� ���` CooRa. ,"r. �`'"..4 a i.:t-•�"f"ai•'v�`+.i�, - I''ky� �.�..p-•�Y s �_ yMr�a�§ � � 7C. M ��,- °.
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Note:
WM M—GEMOMM awubw ON"COW CAMM Y—Madna 011ke Celt P1MM—Mb1111ene CWY OMD—Amts-'s cwtf
ST ANTHONY A/P CHECK REGISTER DATE 06-30-83
CHECK VENDOR AMOUNT
05350 S/A NATL BANK 259000.00
05351 S/A NATL BANK . 49236.88
05352 CITY/CO CR UNION 19415.00 --
05353 COMM OF REVENUE 29521.03
05354 AMER BANKERS INS 103.00
05355 PRUDENTIAL INS 186.44
05356 MINN BENEFIT 80018
05357 THORPE 44.00
05358 TWIN CITY FEDERAL 35.00
05360 CITY/CO CR UNION 50000
05361 AETNA LIFE 546.50
05362 . MINN MUTUAL 785.00
05363 hiN TEAMSTERS 9320 102.75
05364 AFSC LOCAL 057 120.00
05365 INT UN OP ENG 449 168. 15
05366 VERA 69267. 11
05367 BERGERSUN CASWELL 19934.00
05368 DONALD HICKERSON 7. 50
U5369 DAVID CHILDS 224.81
,)5370 KENNETH ANDERSON 700.00
05371 1CMA 113.27
05372 LELAND ENTNER 290.00
05374 ST TREAS SS CONT FND ' 39617. 89
05375 SCOTT SWANSON 154.61
05376 WCCLI%ORTH , 44.99
R5377 GCVT TRAIgING 74. 50
5 LFAG MINN CITIES 95.00
05379 R ICHARD EVTSTROM 30.00
05380 MARY STEIGLITZ 50.00
05381 DANIEL KRAMFR 245.00
05382 S/A N44TL BANK 209000.00
05383 POSTMASTER 585000
05384 STATE TREAS 15.00
05385 S/A NATL BANK 59130. 11
05386 (1MM OF REVE JUE 2 , 407o98
05387 PFRA 69588. 36
05388 CITY/CO CR UNION 19165.00
05389 CITY/CO CR UN IRA 50.00
D5390. I CMA 1 13.2 7
05391 MN MUTUAL LIFE IAS 785.00
05392 AETNA LIFE INS CO 546. 50
053y3 TWIN CITY FEDERAL 35.00
05394 THORP CREDIT CORP 44.00
05395 BL CROSS/8L SHLD 673.59
D5396 WESTERN LIFE INS 86. 42
05397 GROUP HEALTH PLAN 1 .063.28
05398 PHYSICIANS HEALTH. 39612.82
05399 MENARDS 74.86
05402 MINN FED EMGR TECH 15000
05403 EDWARD J HANCE 39022.85
5404 MAPS[ 178.00
405 MPLS STAR 70.40
ST ANTHONY A/P CHECK REGISTER DATE 06-30-83
CHECK VENDOR AMOUNT
5406 MPLS GAS CO 642.37
05407 NO STATES POWER 6.684.86
05408 NW BELL TELEPHONE 19096.64
05409 S/A SCHMINN 21.56
05410 S/A SCHL DIST 0282 69644.59
05411 DCRSEY 6 WHITNEY 29406.70
05412 EDWARD J HANCE 1,507. 50
05413 S/A SCHL DIST #282 9.000.00
05414 ASSOC METRO MUNIC 19305.00
05415 DOTY 6 .SONS ING 4*252.50
05416 ADRIAN HELGESON 39600.00
05417 SCHUMANN BROS INC 219350.00
05418 ?NATL LEAG OF CITIFS 260.00
05419 S/A NATL BANK 239850. 19
05420 S/A NATL BANK 4,566.65
05421 COMM OF REVENUE 29712.02
05422 PERA 69233.69
05423 ICMA 113.27
05424 CITY/CO CR UN/IRA 50.00
05425 AETNA LIFE 496.50
05426 MINN MUTUAL - 785.00
05427 UNITED WAY 82.50
05428 S/A NATL BANK 225.00
05429 CITY/CO CR UNION 19187.00
05430 RICHARD PFEIFFER 8.59
5431 STEPHEN KOES 19.33
5432 AET:NA INS CO 50.00
05433 v-Rr6G MADSEN 76.00
05450 TREAS STATE OF MN 4.25
FINAL TOTAL 1959236. 76 #
ST ANTHONY A/P CHECK RESISTER DATE 06-30-83
CHECK VENDOR AMOUNT
• 02776 . AMERICAN LINEN SUPPL 455. 36
02777 D ' 6 D TRUCKING 444.00
02778 D E M INC 37.20
02779 ECONOMICS LABORATORY 268.46
02780 HOME JUICE CO 49.92
02181 KERNELS CHOICE 180.00
02782 LYSTADS 31.43
02783 MELS VAN-O-LIT.E 120. 12
02784 MIDWEST AREA INC 79991. 75
02785 MINN BAR SUPPLY 835.02
02786 OLD DUTCH FOODS INC 148.80
02787 PEPSI COLA/7 UP BOTT 998.25
02788 SIGiNOGRAPHICS 42.00
02789 ST TREAS SOC SEC CON 39217. 75
02790 STUART DISTRIBUTING 566.90
02791 SUPERIOR PRODUCTS MF 23.80
02792 T.S.8. COMPUTER CENT 127.60
02793 TWIN CITY FILTER SER 28.80
02794 WGR MARKETING 40.00
02795 LABOR RELATIONS ASSO 276.00
02796 LOCAL SHOPP-ING 411.75
02797 PINE CONF NURSERY 39.40
02798 T A SCHIFSKY S SONS 25. 74
FiNAL TOTAL 169360.05 #
I Nom/ I C E
® � ® SHORT-ELLIOTT-HENDRICKSON, INC.
• CONSULTING ENGINEERS
ST, PAUL, MINNESOTA • CHIPPEWA FALLS, WISCONSIN
DATE June 30+ 1983
TO City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
ATTN: Larry Hamer RE, STINSON WATERMAIN
INVOICE NO. 2323 OUR FILE NO. 16-83088 -
FOR ENGINEERING SERVICES: FOR PERIOD THRU MAY 21 , 1983
For Plans & Specifications for replacement of 4" watermain on
Stinson Boulevard from St. Anthony Boulevard to 30th.
Project Manager 6 . 5 hrs . $251 .23
Engineer Technician 14 .0 hrs. 414 . 30
Survey Crew 12 . 0 hrs. 336. 99
Mileage 7 .84 $1 ,010 . 36
TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE. . . . . . . . . . . . . . . . . . . . . . . $1 ,010. 36
04tAtr of Ainurs>Qtat SS
COUNTY OF RAMSEY, CITY OF SAINT PAUL
1
Norman E Hendrickson. In ,aid County and State, being duly sworn,
on oath, says, that he is
Vice President °
of the Short-Elliott-Hendrickson, Inc., that the foregoing account is just and true; that the services therein BETTY J.ERSKINE
c d were actual) rendered, and of the value therein charged; I the fees or amounts charged therefore `fir NOTARY PUBLIC—MINNESOTA
a as are Ilo
Is d by law; and that no oar b count has Paid.
RAMSEY COUNTY
x° — My Commission ExPires May 23. 1986
Subscribed and sworn to before rn thi d
My commiss;on expires °� 19
200 GOPHER BUILDING 222 EAST LITTLE CANADA ROAD ST. PAUL, MINNESOTA 55117 • PHONE (612) 484-0272
SHORT-ELLIOTT-HENDRICKSON, INC.
IPM CONSULTING ENGINEERS
ST. PAUL, MINNESOTA • CHIPPEWA FALLS, WISCONSIN
July 11, 1983 RE: ST. ANTHONY, MINNESOTA
ST. ANTHONY BLVD. BRIDGE
SAP 161-106-02, 03
SEH FILE NO. 79029
Larry Hamer
Director of Public Works
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
• Dear Mr. Hamer:
We have reviewed, in our office, request for final payment
for work performed in the construction of the St. Anthony
Boulevard Bridge over the Burlington Northern Railroad.
The project has been completed and confirmation of this fact
has been sent to American Druggist' s Insurance Company.
The amount due on the payment application agrees with the
extension of -the quantities and unit prices in our. records . '
Please have your attorney review the General Indemnity
Agreement and the requirements of the specifications that the
contractor had bid on for this project. He.. should also
review the method' of final payment that has been requested by
Jack Matheny and his insurance company.
Sincerely,
ernard J. ahn
jcj
200 GOPHER BUILDING 222 EAST LITTLE CANADA ROAD ST. PAUL, MINNESOTA 55117 • PHONE (612) 484-0272
MIDWEST SURETY SERVICES, INC.
P.O. BOx 11367
• MINNEAPOLIS.MINNESOTA 55411
(612)521-7226
July 6, 1983 E C E l V
SHORT ELLIOTT 1:E.rlDRICKS fly
a
- Short Elliott Hendrickson, Inc. JUL 7 1983
200 Gopher Building
222 �East Little Canada Road
St.. Paul, Minnesota . 55117 ST- PAUL
Attn: Jeff Johnson
Re: Principal : Matheny Construction
Bond No: 8105350 (58338)
Obligee: City of Saint Anthony
Engineer's Project No. 79029
Dear Mr. Johnson:
It is our understanding that the above project has been completed
by ' the contractor. We would like to receive confirmation from
your off ice of that fact .
• Attached herewith is the Application for Final Payment , which has
been executed by Jack Matheny indicating a final balance due of
$6,393.08. '
As you now know the American Druggists ' Insurance Company, the
Surety , on the captioned bond, has received claims from unpaid
subcontractors and suppliers alleged to be in connection with the
captioned project .in excess of $50,000.
Jack Matheny has informed us that the landscape bill of Central
Landscaping Inc in the amount of $5,546. 10, which represents the
work done to complete the project, is due and owing and is a legit-
imate bill. We are hereby recommending and authorizing you and
the City of St . Anthony to release, out of the Balance in -Contract
Funds , payment to Central' Landscaping Inc. in the amount of $5,546. 10, `
to be paid by check jointly payable to Matheny Construction and
Central Landscaping Inc . We will appreciate this check being forwarded
'"to this office on behalf of the American Druggists ' Insurance Company,
for transmittal -so- that we can obtain a lien waiver from Central Land-
scaping Inc.
Once the_ $5, 546. 10 has -been deducted from the final balance due of
$6, 393.08; that leaves $846.98 Balance in Contract . We are hereby
. demanding that the City of St. Anthony make its check payable to the
.. American Druggists ' Insurance Co.. in the amount of $846.98 and forward
to this office. Jack Matheny is fully -aware of the fact that we have
• requested these funds which we will transmit to the American Druggists '
Insurance Company's office in Cincinnati, Ohio to offset the loss it
will incur.. -in connection with this project . - We are attaching a
General Indemnity Agreement, which was executed by Matheny Construe-
page. 2
Short Elliott Hendrickson, Inc.
• Re: Matheny Construction }
Bond No. 8105350
tion to which you may refer in acting upon the above instructions . '
We thank you very much for your cooperation in this matter, and
we will expect to receive the two checks- as-- soon as possible.
Sincerely,
MIDWEST SURETY SERVICES, -INC. —
.0
B na— -
ABB/mis
Enclosures
xc: Jack Matheny
i
" + APPLICATION FOR PAYMENT
(UNIT PRICE CONTRACT)
• NO-7 Fi Anal
Owner' s Project No. Engineer's Project No. .79029
LOCATION ST. ANTHONY, MINNESOTA
Contractor Matheny Construction Contract Date
16501 U.S Hwy 10 Contract Amount $ 496,659.48
Elk River, Mn. 55330
Contract for Bridge & Approaches over B.N.R.R.
*plication Date Application Amount $
For Period Ending June 1, 1983
CONTRACT QUANTITY UNIT
DESCRIPTION UNIT QUANTITY TO DATE , PRICE TOTAL .
1. 2101 . 502 CLEARING TREE 12 13.0-' $ 100.00 $ 1300.00
2. 2101 . 502 GRUBBING TREE 12 13.0 -' $ 200.00 $ 2600.00
3. 2104 . 501 REMOVE CONCRETE CURB L.F. 1 , 310 1310.0✓ $ 1.00 $ 1310.00
4. 21041. 501 REMOVE CONCRETE CURB 520 606.0 $ 1.00 $. 606.00
AND GUTTER (B-624) L.F.-.
5. . 2104 . 501 REMOVE V. C.P. SEWER L.F. 95 95-0 "—$ 4.00 $ 380.00
6. 2104. 505 REMOVE BITUMINOUS
PAVEMENT S.Y. 7 8 0 2235.0 $ 1.00 $ 2235.00
7.9 2104 . 505 REMOVE PAVEMENT S..Y. 2 f-955 1.725• $ 2.00 ''$ 3450.00
Page 1 of 5 SHORT ELLIOTT HENDRICKSON, INC.
CONTRACT QUANTITY UNIT
• DESCRIPTION UNIT QUANTITY TO DATE PRICE TOTAL
S. '210 4.5 0 5 REMOVE CONC. SIDEWALK S•Y• 1'210 '� 1237.0�$ .80 -$ 989.60
9. 2104.509 REMOVE. CATCH BASIN EACH 4 4.0 --$ 50.00 $ 200.00
10. 2104.523 SALVAGE CATCH BASIN EACH 1 1.0-$ 150.00 $ 150.00
CASTING
11. _ 210 5. 5 21 GRANULAR BORROW (CV) C•Y• 111825 11825.0 -$ 2.30 $ 27197.50
12. 2105.525 TOPSOIL BORROW (IV) C.Y. 420 0.0 $ : . 0 -- $ 0
13. 2111.501 TEST ROLLING RD. STA. 8 8.0 '$_ 150.00$ 1200.00
14. 2331.504 BITUMINOUS MATERIAL 67.0 $ 165.00 $ 11055.00
FOR MIXTURE TON 66
15. 2331. 510 BINDER COURSE MIXTURE TON 276 295.0 '$ 12.00"$ 3540.00
16. 2331.514 BASE COURSE MIXTURE TON 922 922.0$ 11.80 $ 10879.60
17. 2341- 504 BITUMINOUS MATERIAL, TON 24 25-0 --- 165.00 $ 4125.00
FOR MIXTURE
IR8. 2341 . 508 WEARING COURSE MIXTURE TON 368 378.0 $ 13.45"$ 5084.10
19 . 2357. 502 BITUMINOUS MATERIAL GAL. 335 320.0'$ . 1.50$ 480.00
FOR TACK COAT
20. 2503. 511 12" R.C. PIPE SEWER L.F. 183 179.0$ 18.00$ 3222.00
CLASS IV
21. 2506 . 506 CONSTRUCT MANHOLE, L.F. 7.5 7-5"$ 110.00 $ 825.00
DESIGN A
22. 2506. 507 CONSTRUCT CATCH L.F. 7. 8 7.8$ 116-00'$ 858.00
BASIN, DESIGN G
23. 2506 . 507 CONSTRUCT 'CATCH L.F. 2.8 2.8 $ 200.00$ 560.00
BASIN, DESIGN H
24. :2506. 516 CASTING- ASSEMBLY, EACH 2 2.0 $ 200.00 $ 400.00
TYPE A
25. 2 5 0 6 .516 CASTING ASSEMBLY,_ EACH 2 2.07'$ 250-00-$ 500.00
TYPE B
�ge 2 of 5 -
CONTRACT QUANTITY UNIT
DESCRIPTION UNIT QUANTITY TO DATE PRICE TOTAL
26. 2 5 0 6. 5 2 2 ' ADJUST FRAME AND ' EACH 1- 1.0 $ 150.00 $ 150.00
RING CASTING
27. 2521. 501 4" CONCRETE WALK S.Y. 11,950 13310.0 $ 1.10 -s- 14641.00
.28. 2531. 501 CONCRETE CURB AND L.F. 2 ,226 2480.0'$ 5.00 $ 12400.00'
GUTTER, DESIGN B-624
29. 2554. 501 TRAFFIC BARRIER, L.F. 780 780.0 $ 10.90 r$ 8502.00
DESIGN C
30'.. 2554. 521 ANCHORAGE ASSEMBLIES EACH 4 4.C$ 35-00 --$ 140.00
31. 2575. 505 SODDING v S.Y. 3,700 0.0-$ 0 - $ 0
32. 2021 . 501 MOBILIZATION L.S. 1 1.0 -$ 18000.00- $ 18000.00
33. 3 01.6 01 BRIDGE APPROACH L.S. 1 1.0-$ 18000.00 -$ 18000.00
PANELS
34. 401 . 601 STRUCTURE EXCAVATION L. S. 1 1.0 $ 14000.00 $ 14000.00
35.. , 4 01.6 0 5 BRIDGE DECK SLAB S.F. 810 7 (P) 8107.0 $ 9.58 $ 77665.06
CONC. ' MIX NO. 3Y33
16. 401.605 WEARING COURSE CONC. S.F. 5798 (P) 5798.0 $ 3.50 $ 20293.00
MIX NO. SPECIAL
37. 4 01 .6 0 5 SIDEWALK CONC. MIX S.F. 2 3 0 9 (P) 2309.0 $ 7.62 $ 17594.58
NO. 3X46
38. 401 . 606 TYPE "M" RAILING L.F. 328 (P)
CONC. MIX. NO. 3X46 328.0 $ 12.75 v$ 4182.00
39 . 2401. 501 CONCRETE MIX C.Y. 69 (P) 69.0$ 220.00-$ 15180.00
NO. 1A43
40. 2401. 501 CONCRETE MIX. C.Y. 257 (P) 257.0 $ 220.00 $ 56540.00
NO. 3Y43
41. 2401 . 541 REINFORCEMENT BARS LB. 96010 ` N 96010.0$ .32 $ 30723.20
42. 2401. 541 REINFORCEMENT BARS LB. 50830 . (P) 50830.0$ .45 $ 22873.50
(EPDXY COATED)..
Page 3 Of 5
CONTRACT QUANTITY UNIT
DESCRIPTION UNIT QUANTITY TO DATE PRICE TOTAL
3. 2402. 85 L.F. 328 . P
5 PIPE RAILING, TYPE M ( ) . 328.0✓$_ 4,6.48' ,$ 15245.44
44. 2402.591 EXPANSION. JOINT L.F. 104 (P) ✓
DEVICE, TYPE 4 104.0 $_ 85.00 $ 8840.00
45. 2442.501 REMOVE OLD BRIDGE L.S.' 1 1.0 $ 12000.00 $ 12000.00
46. 2452.503 TREATED TIMBER L.F. 3 ,560
1668.0 . $ 5.00 $ 8340.00
PILING DELIVERED
47. 2452.504 TREATED TIMBER L.F. 3 ,560
1655.2- 1.50 $ 2482.80
PILING DRIVEN
48. 2452.517 TREATED TIMBER TEST EACH 2 2.07-$ 1420.00 $ 2840.00
PILES 40 FT. LONG
49 . 2452.517 TREATED TIMBER TEST EACH 2 2.0 $ 1765.00 $ 3530.00
PILES, 50 FT. LONG
50. 2452. 517 TREATED TIMBER TEST EACH 2 2.0 $ 2120.00-$ 4240.00
PILES, 60 FT. LONG
51 . 2514. 503 AGGREGATE SLOPE S.Y. 723 (P) 7230 $ 11..50 $ 8314.50
PAVING
Page 4 Of. 5,
.. .0 . ��v +v.. . v.. ......-... Zvi. . .........
total Contract Amount $- 4.96 ,659.48 Total Amount Earned $ 4791,863.88
Material Suitably Stored on Site, Not Incoporated into Work $
C•ract Change Order No. 1 Percent-Complete 100% $ 1x680.00
Contract Change Order No. 2 Percent Complete 100% $ 19277.00
Contract Change Order No 3 Percent Complete 100/ $ 5.546.10 %
GROSS AMOUNT DUE. . . . . . . . . . . . . . . $ 488_36(,_98
LESS % RETAINAGE. . . .-. .. . . $ —�
AMOUNT DUE TO- DATE. . . . . . . . . . . . . $ 488.366.98
LESS PREVIOUS APPLICATIONS. . . . . $ 4819973.90
AMOUNT DUE THIS APPLICATION. . . . $ 6.393.08
CONTRACTOR'S AFFIDAVIT
The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress.
payments received from the Owner on account of work performed under the contract referred to
above have been applied by the undersigned to discharge in full all obligations of the under-
signed incurred in connection with work covered by prior Applications for Payment under said
contract, and (2) all
:material and equipment incorporated in said Project or otherwise listed in or covered. by this
:Application for Payment are free and clear of all liens, claims, security interests and
encumbrances.
Da* 19 Matheny Construction
�— Contractor
By
(Name and itle)
COUNTY OF Zb2 Y ) SS
STATE OF
3efore me on this �4n1 day of 19 93 personally appeared
known to me, who being duly sworn, did depose
and say that he is the of the Contractor above mentioned;
Office
that he executed the above Application for Payment and Affidavit on behalf of said Contractor;
end that all of the ,. rein are tru correct and complete.
ANNE B. BOLOGNA
-1y Commi ss14n Expi r NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY Notar ubl is
My Commission Expires July 24, 1986
she undersigned has c ecced a on rac or sYApplication for Payment shown above. A part of
:his Application is the Contractor's Affidavit stating. that all previous payments .to -him
ender this Contract have been applied by him to discharge in full all of his obl-igations .in
:onnection with the work covered by all prior Applications for Payment..
-n accordance with. the Contract, the undersigned approves payment to th_e Contractor of -the
Imoe Due.
SHORT- TT 0
gate v/ / /9.b'3 .. By
'age Z 5 of 5
aAL I.ANDSCgp'2 CENTRAL LANDSCAPING, INC.
V C 13655 LAKE DRIVE
FOREST LAKE, MINNESOTA 55025.9460
re PHONE: 464-2130
Pee
•
In
I DATE May 23, 1983
Jack Matheny Construction Co.
Rt. #3
Annandale, MN. .5S302
DATE WORK PERFORMED PROJECT NO. OWNER LOCATION ENGINEER
May 189 1983 S.A.P. 161-106-0 16i-io6-o3 City of St. Anthony/Short Elliot-
QUANTITY J DESCRIPTION PRICE He eTO AL
50282 sy Sod 1.05 ' $5, 546. 10
TOTAL AMOUNT DUE: ✓ $5,. 546. 10
w
An Equal Opportunity Employer
V L-
;-RICAN DRUGGISTS' INSURANCE COMPANY COMPASS INSURANCE CONI?WYY
osl Control Parkway. Cincinnati.Ohio 45202 New YD6, Nev:1b V
0 GENERAL INDEMNITY AGREEMENT
IIS AGREEMENT of Indemnity,made and entered into this 8th day of June 19 82
:cuted by the undersigned for the purpose of indemnifying the surety indicated above as hereinafter mentioned in connection with
fonds written on behalf of:
MATHENY CONSTRUCTION COMPANY
Elk River, Minnesota 55330
(address)
i referrred to as the "Principal."
oEFINITIUNS
he following definitions apply in this agreement:
BOND — Any contractual obligation undertaken by Surety for Principal,before or after the date of this Agreement,and any renewal
or extension of said obligation.
PRINCIPAL — The person or entity set forth above or any one or combination thereof,or their successors in interest,whether alone
or in joint venture with others named herein or not.
SURETY — The surety indicated above, its reinsurers,and any other person or entity which the surety may procure to act as Surety
or co-surety on any bond or any other person or entity who executes any bond at its request.
CONTRACT —Any agreement of Principal,the performance of which is bonded by the surety.
NDEMNIT�'
k rp)cUndersigned agree to indemnify and save harmless the Surety from and against any and all demands,liabilities,loss,costs,damages
nses of whatever nature or kind, including fees of attorneys and all other expenses, including but not limited to cost and fees of
stigation, adjustment of claims, procuring or attempting to procure the discharge of such bonds and in attemptine to recover losses or
!n%.--s from the Undersigned or third parties, whether the Surety shall have paid out any such surns or any part thereof or not acid
niums on Bonds issued by the Surety on behalf of the Principal.
In furtherance of such indemnity:
A.Surety shall have the right in its sole discretion to determine whether any claims shall be paid, compromised, defended,
prosecuted or appealed.
B. Surety shall have the right to incur such expenses in handling a claim as it shall deem necessary, including but not limited
to the expense for investigative,accounting,engineering and legal services.
C. Surety shall have the foregoing rights, irrespective of the fact that the Undersigned may have assumed, or offered to assume,
the defense of the Surety upon such claim.
D. In any claim or suit hereunder, an itemized statement of the aforesaid loss and expense, sworn to by an officer of Surety,
or the vouchers or other evidence of disbursement by Surety, shall be prima facie evidence of the fact and extent of the liability
hereunder of the Undersigned.
E. Surety shall have the right to reimbursement of its expenses, premiums and attorneys'fees hereunder,irrespective of whether
any bond loss payment has been made by Surety. In any suit on this Agreement, Surety may recover its further expenses and
attorneys'fees incurred in such suit.
)EFAULT
:ontractor shall be in Default with respect to a Contract,and hereunder if any of the following occur:
A.Contractor breaches,abandons or repudiates any Contract.
B. Any Obligee declares Contractor to be in Default.
C. Contractor fails to pay for any labor or materials when such payment is due.
D.Contractor diverts any Contract funds from one Contract to another,prior to the complete discharge of surety.
E_ Contractor,or any of the Undersigned,breaches any provision of this Agreement.
0F. Contractor, or any one of the Undersigned,becomes the subject of any Agreement or proceedings of composition,insolvency,
6ankruptcy,receivership,trusteeship,or assignment for creditors.
G.Contractor,or any one of the Undersigned,becomes actually insolvent.
H.Contractor, if an individual, dies, is adjudged mentally incompetent, convicted of a felony,becomes a fugitive from justice or
disappears and cannot be located with usual methods.
REMEDIES UPON DEFAULT
!n the event of Default,as defused above,Surety may at its option and sole discretion:
A.Take over any Contract and arrange for its completion.
B.Take possession of the Contractor's equipment, materials and supplies at the site of the work or elsewhere, and utilize the
same for completion of any Contract.
C. Take possession of the office equipment, books and records of Contractor as are necessary for completion of any Contract.
D.Loan such funds, guarantee a loan for such funds, as Surety shall deem necessary for the completion of any Contract and
for the discharge of Surety in connection with any Contract.Repayment of such loan shall be covered by the indemnity hereunder.
E. File an immediate suit to enforce the provisions of this Agreement.
201.LATERAL SECURITY
If a claim is made against Surety, or if Surety deems it necessary to establish a reserve for potential claims,and upon demand from
ety, the Undersigned shall deposit with Surety cash or other property acceptable to Surety,as collateral security,in sufficient amount
protect the Surety with respect to such claim or potential claims and any expense or attorneys' fees. Such collateral may be held by
ety until it has received evidence of its complete discharge from such claim or potential claims,and until it has been fully reimbursed
all loss,expense and attorneys'fees.
N—so
b�ASSIGIYMEhIT
As security for the.performance of all of the provisions of this agreement, the Undersigned hereby assign,transfer,pledge and convey
to the Surety (effective as of the date of each such bond or bonds, but only in the event of Default referred to in preceding Section 4):
A. All rights in connection with any Contract,including but not limited thereto:
1. All subcontracts let in connection therewith and such subcontractors'surety bonds,
2. All machinery, plant,equipment, tools which shall be upon the site or sites of the work or elsewhere for the purposes of the
contracts,including all materials ordered for the contracts,
0—Any dand7all-stiims-due orbwltich may thereafter become due under said contracts and all sums due or to become due on all
try =-..,
s is�othcr c_,i ttacts,bondcdloc imbonded,in which'any or all of,the undersigned have an interest.
4. All rights arising out of insurance policies.
7. POWER OF ATTORNEY
The undersigned hereby irrevocably nominate,constitute,appoint and designate the Surety or its designee as their attorney-in-fact with
the right, but not the obligation, to exercise all of the rights assigned, transferred and set over to the Surety by the Undersigned in this
Agreement, and to make,execute and deliver any and all additional or other assignments,documents or papers,including but not limited
to (lie execution of instruments referred to in Section 6, and the endorsement of checks or other instruments representing payment of
Contract monies deemed necessary and proper by the Surety in order to give full effect,not only to the intent and meaning of the within
assignment, but also to the full protection intended to be herein given to the Surety under all other provisions of this Agreement. The
Undersigned hereby ratify and affirm all acts and actions taken and done by the Surety or its designee as attorney-in-fact.
8. GENERAL PROVISIONS
A. The obligations of the Undersigned hereunder are joint and several'. Surety may bring separate suits hereunder against any or
or all of the Undersigned as causes of action may accrue hereunder.Surety'need not proceed first against the Principal.
B Undersigned will, on request of Surety, procure the discharge of Surety from any Bond, and all liability by reason thereof.
C. Undersigned warrant-that each of them is specifically and beneficially interested in the obtaining of each Bond.
D. Undersigned waive notice of any Default,the making of a claim against Surety or Surety's loaning funds to Principal.
E. Undersigned agrees to give to Surety prompt notice of any facts which might give rise to any claims or suits against Surety
u; -ty Bond.
® i ,rety shall have the right, at its option and in its sole discretion, to decline execution of any Bond, including a f:nai Bond
where it has furnished a bid Bond.
G.Surety may consent to any changes or alterations in a Contract, without affecting the liability hereunder of the Undersigned.
H.Surety shall have every right, defence or remedy which a personal surety without compensation would have, including the
right of exoneration.
1. Until Surety shall have been furnished with conclusive evidence of its discharge without loss from any Bonds,and until Surety
has been otherwise fully indemnified as hereunder provided, Surety shall have the right to free access to the books, records and
accounts of the Undersigned for the purpose of examining and copying them.Undersigned hereby authorize third parties,including
but not limited to depositories of funds of the Undersigned,to furnish to Surety any information requested by Surety in connection
with any transaction. Surety may furnish any information,which it now has or may hereafter acquire concering the Undersigned,
to other persons, firms or entities for the purpose of procuring co-suretyship or reinsurance or of advising such persons, firms, or
entities as it amy deem appropriate.
J. Undersigned waive all right to claim any property,including homestead,as exempt from legal process in any action hereunder.
K.If the execution hereof by any of the Undersigned may be defective or invalid for any reason, such defect or invalidity shall
not affect the validity hereof as to any other of the Undersigned. Invalidity of any provision hereof by reason of the law of any -�
state or for any other reason shall not render the other provisions hereof invalid.
L. The Surety, may at its option,file or record this Agreement or any other document executed by any or all of the Undersigned,
individually or jointly, in connection with application, issuance or execution of any bond or bonds coming within the scope of
this instrument, as a security agreement or as part of a financing statement or as a notice of its prior interest and assignment under
the provisions of the Uniform Commercial Code or any other statute, ordinance or regulation,of any jurisdiction or agency, but
that the filing or recording of such document shall be solely at the option of the Surety and that the failure to do so shall not release
or impair any of the obligations of the Undersigned under this Agreement.
M.The Surety shall have the right to fill in any blanks left herein and to correct any errors in filling in any blanks herein.
N.The Undersigned waive any defense that this instrument was executed subsequent to the date of any such bond, admitting
and covenanting that such bond was executed pursuant to the Undersigneds' request and.in reliance on the Undersigneds'promise
to execute this instrument.
O.This agreement may not be changed or modified orally.No change.or modification shall be effective unless specifically agreed
in writing.
P. That in the event any of the Undersigned shall fail to execute this instrument or become insolvent,or in case any of tie Under-
signed,who execute this agreement,shall not be bound for any reason,the other Undersigned shall,nevertheless,be bound hereunder
for the full amount of the liability as aforesaid.
Q.That repeated actions on this isntrument, as breaches thereof may occur, may be maintained by Surety, its successors or
assigns, without any former action operating as a barge to any subsequent action brought on this instrument for breaches hereunder.
R.Wherever used in this instrument the plural shall include the singular and the singular shall include the plural, as (lie circum-
stances require.
S. The-liability of the Undersigned hereunder shall not be affected by the failure of the Principal to sign any bond or bonds
or by any claim that other indemnity or security was to have been obtained, nor by the release of any indemnity or the return or
exchange of any collateral,that may have been obtained.
9. TERMINATION
This agreement is a continuing obligation of the Undersigned unless terminated by written notice to Surety as hereinafter provided,
and such termination as to an Undersigned shall in'no way affect the obligation of any other Undersigned who has'not given such notice.
The liability of the Undersigned hereunder as to future Bonds of Principal shall not terminate by reason of the failure of Surety to disclose
facts known or learned by Surety about the Principal, even though such facts materially increase the risk beyond that which the Under-
signed might intend to assume, Surety may have reason to believe such facts are unknown to the Undersigned, and Surety may have
reasonable opportunity to communicate such facts to the Undersigned; and the Undersigned hereby waive notice of such facts. In order
to terminate liability as to future Bonds of Contractor,an Undersigned must:
A.Give written notice to Surety at the office of the Surety — 30 East Central Parkway,Cincinnati, OH of such termination;
and
B. State in such notice the effective date(not less than thirty days after receipt thereof by Surety)of termination of such Under-
signed's liability for future Bonds.
After the effective date of such termination,the Undersigneds'giving notice shall nonetheless be liable hereunder for:
A. Bonds executed or authorized prior to such date,and renewals,substitutions and extensions thereof;and
B. Bonds executed pursuant to a bid or proposal Bond executed or authorized prior to such date, and renewals, substitutions
and extensions thereof;and
C. Any maintenance or guarantee Bonds executed incidental to any other Bond executed prior to such date,and renewals,sub-
stitutions and extensions thereof. ,
INSTRUCTIONS
1. if Proprietorship,applicant and spouse sign a: Principals.
2. if Partnership,partners sign and spouses sign as lndcmnitors.
If Corporation,two authorized officers sign.All officers and their spouses must also sign as individual indemnitors.
:lPRINCIPAL(S) CORPORATE SEAL
MATHENY CONSTRUCTION COMPANY
Firm Name
eBy
Title
Jack Matheny President
,?(y
Kenneth Anderson Title Corporate Secretary
By
Title
By
Title
i
a
INDIVIDUAL IND1EMNITOR(S)
Jack Matheny , Indiv' ually Name gina C. Matheny, Individ a ly
:ss Address Business Address
:nce Address Residence Address
Wenneth D. Anderson, Individually Name Carol M. Anderson, Individually
:ss Address Business Address.
:nce Address Residence Address
Name
ass Address Business Address
:nce Address Residence Address
D ,
I
NOTARIAL ACKNOWLEDGEMENT
ATE OF MINNESQTA
ss.:
UNTY OF j 19-82 _
On this _8th day of tune , 19_82—before'me personally D
ne Jack W. Matheny and Regina C. Matheny ,to me known and known to me to 1
the person described in and whu executed the furegoing instrument, and he thereupon duly acknowledged to me that he i a
:weed the same. d
V1;'%3,N,A S. 1AANASKE /J
�+
1,110T...%t' PJ3'tIC•':i.a-dNESOTAU. bfl5
=�t�y
At 4.3; t;-J:IIY
\ Jay Corr.mis:ica E;��i:L;:Jai.9, 1983 s tary Pu
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On this Sth day of Sun , 19_82-_ ,before me personally . D
W eKenneth D. Anderson, and Carol M. Anderson ,to me known and known to me to 0 a
person described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he
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On this 8th day of June .- . 19 82 ,before me personally
,peared Jack W'. Matheny ,to me known,who being by me
ily sworn,did depose and say: that he resided in the City of D
at.heisthe President of Matheny Construction Company f o
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e corporation described in and which executed the foregoing instrument; that hi knew the seal of said corporation; that the ,� �,
al affixed to said instrument was such corporate seal; that it was affixed by order of the Board of Directors of said corpor- 3 m
ion,and that he signed his name thereto by like order.
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speared ,to me known and known to me 'o
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be one of the firm of ,described ,a 3
and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for 3
to act and deed of said firm.
Notary Public
CITY OF ST. ANTHONY
PLANNING COMMISSION MINUTES
July 19, 1983
The meeting was called to- order by Chair Makowske at 7: 35 p.m.
Present for roll call: Zawislak, Bowerman, Makowske, Bjorklund
and Franzese. Wagner a few minutes later.
Also present: David Childs, City Manager.
The following amendments were made -to the- minutes of the June 21st
Commission meeting:
Page l,. para. 7: Substitute. "shorter.than originally
proposed for a total of 43 feet" for
"shorter than the 43 foot tall building
originally 'proposed" .
Page 2, para. 1: Substitute "equal distance from" for "would
be close° to" -in Line 8.
Page 2, para. 2: Substitute "could" for "would in Line 4 .
Page 4, para. 1" Substitute "northeast" for "northwest" in
Line 3.
• -Motion by Commissioner Bjorklund and seconded by Commissioner Franzese
to approve as amended the minutes for the Planning Commission meeting
held June 21, 1983.
Motion carried unanimously.
Commissioner Bowerman will report the minutes of the meeting at the
Council meeting July 26.
At 7: 40 p.m. the Chair opened the public hearing to consider a
conditional use permit which would allow the Elmwood .Lutheran Church
to add on to the existing church. building located at 3615 Chelmsford
Road by reading the notice which had gone out to all property owners
within 350 feet of the subject property and had been published in
the Bulletin July 7, 1983.
No one present reported failure to receive this notice or objected
to its content. Mr. Childs reported that traditionally churches
have to meet the same setback requirements- as are set ,for residential
•dwellings, "and this proposed.-addition. of 4300 square feet to the east
of the existing church structure conforms to all parking and setback
requirements of the . zoning ordinance. He .told Commissioner Bjorklund
he does not believe guidelines have been established in the City
Ordinance dealing with set• standards - of height as related setback.
The manager also -confirmed that the existing church structure
• location .was- approved• after the 1962 zoning ordinance- was adopted.
The application for -the •permit had been made by -Dick Jones, 5157 6th
Street N.E:.-,-•a trustee for the church and a member of the Building
Committee and Mr. Jones was present to answer questions about the
proposal. _ He reiterated that the addition would increase the existing
2 i.
sanctuary seating capacity to 300, would provide 10 new classrooms ,
a kitchen and an assembly (Fellowship)-room with a split level
structure to be constructed immediately behind the sanctuary. The
church trustee told of the rapid growth of the Elmwood congregation
under the leadership of Pastor Valtinson and •the desperate need for
additional Sunday School classrooms which would be met temporarily
by renting six rooms in the Wilshire building this winter while the
expansion is being constructed. - Mr. Jones assured the Commissioners
that it would not be necessary to remove any of ,the evergreens or
bushes- which- provide a buffer for the adjoining properties from the-.
existing -parking lot when that lot is enlarged five feet to provide.
parking for 148 cars. The Manager confirmed that the City Ordinance
only requires 120 parking spaces for an expansion of the size proposed..
He -also reported the applicant. had notified him that he had. misunder
stood -the meaning of Condition #2 in the application and had mistakenly
answered that question in the negative. Mr. Jones also. confirmed that
the architect who had drawn the site plans had inadvertantly omitted
the existing. garage from the drawings.
When Commissioner 'Bowerman inquired why an addition would not' be built
across the back of the existing structure, making a square building
which would not so adversely affect the properties immediately to
the south, whose lot lines would 'be only 15 feet from the .structure,
the church trustee indicated the building committee had considered
other alternatives, -but had concluded the expansion of the roof line
to . the east would be more logical since the sanctuary had been built •
with a stud wall and. not concrete, so such an expansion could be
made, and so as not -.to foreclose the possibility of adding another
sanctuary on the west when the congregation could afford. that improve-
ment.
There was .a discussion of the drop in grade elevations between the -
church property and -the adjoining lots. to the east and the possi-
bility -of adverse effect of water runoff from the new structure on
those properties . 'The retention of the opaque windows in the
Fellowship Hall to provide privacy for the neighbors , provision of
accessibility for the handicapped, and buffering to prevent headlights
from shining -on the neighbors ' homes when night services are held
were also explored.
Erling: M. Weiberg, 3409 36th Avenue N.E. said his property would .not
be adversely affected by the expansion, but he was present to
support the concerns of his neighbors about the expansion.
Donald -Esau who own's the property at 3.505 36th Avenue N.E. just
. south :of:-.the church reiterated the points made in the letter to the
Planning .Commission which he gave the secretary for inclusion in the
minutes. which stated- Mr.- Esau's, belief.. that the proposed .addition
would. ".substantially reduce my quality of life and also reduce the .
value '-of .my property" and indicated the resident intends to take
legal. action if those judgments'- are confirmed.
Mr., Esau . 'invited the Commission members- to sit on the deck. he had •
built on- his home to improve his . view to.- see - how that view. and air
quality would be blocked by. .the churcti..addition. He was . also
concerned .that the runoff:.from that building .would ruin . the..planted
3 -
• areas to the back of his property. The resident told of the many
ways in which he had supported the church which at first was "very
poor" and of his disappointment that church officials hadn'.t dis-
cussed their expansion- plans- with him. He indicated the neighbors
had always understood any expansion of the church property would
be to the north where the 150 foot wall would only face the school.
Mr. Esau also contended the addition would not be of benefit to
the City if adjoining property values and taxes were -decreased.
Mr. and Mrs. Lawrence Antczak whose backyard at 3501 36th Avenue
N.E. is about 75 % blocked off by the existing structure said,
with the expansion their property would be completely cut off and
the problems they now experience with runoff would be intensified.
They joined Mr. Esau in saying they supported an expansion of the
church in any other direction than proposed and were disappointed
that they had not been consulted-about the proposed addition.
Mr. Dick Jones indicated he appreciated the neighbors ' comments
and apologized for not taking the initiative for talking to them,
which he had believed another church official had- done. He said
the church needs the added space primarily for classrooms and
the original plans which had -been referred to that evening calling
for an expansion to the north had been drawn by a high school
student and if followed would prevent the addition of a -new
sanctuary later when the church could afford it. The trustee said
• he would talk to the architect to see what could be done to prevent
the runoff onto the adjacent- proper-ties and would be open to
suggestions from the neighbors about the plans.
Commissioner Bowerman recalled the questions raised about the
obstruction -of sunlight -by-- the -elderly housing structure on Kenzie
Terrace and wondered what effect 34 feet of obstruction would have
across the back of the adjacent properties , even though the church
is north of the adjacent properties.
Since the church official had indicated the final plans would not
be submitted for approval before the annual meeting in January,
Commissioner Jones asked him .-if he would be amenable to tabling the
Commission decision for a month in which time- the proposal could
be present to the neighbors- at a meeting between the groups . Mr.
Dick Jones indicated he would welcome an opportunity to invite the
neighbors to meet with the building committee and the pastor to try
to work out their differences . Mr. Esau then indicated he also
was happy to hear. the Commission member' s suggestion since he per-
ceives the church has done a wonderful job of bringing its message
to- the community and he had. not understood why the decision had been
made to obstruct our property.
At 8: 30 p.m. the Chair. closed the public hearing for consideration
by the Commission. Commissioner Bjorklund indicated he would
oppose tabling the matter if no major change in the proposal were
to be made. He recalled. previous instances where neighbor opposition
had atrophied with time. He-. believed certain areas of concern about
the proposal- had not been -addressed including what he perceives is
a departure from traditional-* practice in the City of having at least
.150 feet of backyard between :dwellings . Mr. Esau reported his home
4 - s
is only about 40 feet from the lot line. Commissioner Bjorklund •
then .indicated he would- like to hear more about what the City' s.
liability would be if it permitted a development where the runoff
caused damage to a neighbor's property. Commissioner Wagner
indicated he believed the church officials would have ample time
to work out any differences with their neighbors in the month
between meetings which tabling the matter would provide. Mr.- Childs
said that all six adjacent property owners closest to the proposed
addition would be notified of the continuation of the hearing.
Motion- by Commissioner. Jones- and seconded by Commissioner Bowerman .
to continue the -public hearing on the Elmwood Lutheran .Church
expansion plans to 7: 30 p.m. during the Planning- Commission Meeting .
August 16 , 1983., .to. give the church building committee an opportunity
of .working :out their mutual concerns about those plans with their
neighbors and to report back any adjustments in the plans which
resulted from those meetings.
Motion carried unanimously.
At 8: 45 p.m. the Chair opened the public hearing to consider granting
of a conditional use permit which would allow for the operation of
a non-alcoholic bar in a commercial district for the property operated
as Chick' s Billiards at 2523 Harding Street N.E. by reading the
notice of the hearing which had been mailed to all property owners
within 350 feet of the subject property and published in the Bulletin
July 7.
No one present reported failure to receive the notice or objected -to
its content. The Manager confirmed that he had received no calls or
letters related to the proposal from any of those who had received
the notice. He indicated the applicant, Robert Slick, 340.0 Buchanan
Street N.E. might want video games sometime. in the future, but these
would not be transferable from Chick's .under the City Ordinance. No
permit for music or dancing is required under the City Ordinance he
added.
Mr. Slick said he would be renting directly from Mr. Saliterman,
since the shopping center owner considered the property to be
abandoned by the Chick' s proprietors . He said his establishment
would be named "The Alternative" since it would provide. an alternative
to alcoholic beverages. -and atmosphere normally found .in other - types
of bars . He anticipates there is a real need for an establishment of
this type since none has been provided closer than Blaine and. told
of the- successful operation of •a. similar facility, The Dry Dock on
Highway- 10. His hours of operation would be from 4:00 p.m. to
Midnight, Sunday through Thursday and 4: 00 p.m. . to 1:-00 a.m. on
Friday and -Saturday. His establishment would cater to adults over
18 years of age and beverages would be almost the same as other bars
with the exclusion: of- alcohol, according to ..Mr. Slick and he...had
attached a copy=.of the . rules .he would enforce with his application
-along with an explanation of the type of facility. he..would run. The •
two pool tables , he• would'.have would not be coin operated and .would
require no license-. and although A.A.. members could be expected to
come to. the .bar., there' would -be no- regularly scheduled meetings .
Only sandwiches-. cooked- in the microwave oven and snack food would
• - 5 -
be served incidentally, Mr. Slick said, since he is not interested
in providing meal service. He said he would have no objections to
having his permit reviewed in a years time because his operation
would- be owner controlled and he intends to see to it that the
establishment doesn't become a nuisance for the neighbors who live
so close to the shopping center. He - told Jerry Kelly, 2809 Pahl
Avenue, who is a merchant in the adjoining center that he wouldn' t
tolerate the disturbances in his parking lot.
The hearing was closed at 9:03 p.m.
Commissioner Bowerman indicated he was concerned that telling Mr.
Slick-his operation would be revi-ewed' in one year might restrict
Mr. Slick in his investments and from conducting his business in
an orderly fashion— .Commissioner Franzese -agreed a review did not
seem necessary since the ordinance already provided a means of
handling noise and nuisance transgressions. Commissioner Jones
indicated he believed the review stipulation would provide control
the City needs to prevent the neighbors being disturbed by music
coming out an opened back door.
Motion by Commissioner Bjorklund and seconded by Commissioner Jones
to recommend the Council grant a . conditional use permit to Robert
Slick for the operation of a non-alcoholic bar "The Alternative" ,
as proposed, at 2523 Harding Street N.E . , finding that this would
• appear to be an acceptable use in a commercial district; adequate
parking a:fid_acc`ess would be provided in' that location, and that
there would be sufficient distance between the- facility and the
adjoining residential neighborhood, but setting the following
conditions for approval;
1. No more than two pool tables , which are not coin operated,
would be allowed.
2. Only modest amounts. of "snack type food would be served.
3. T-he establishment would be open to the public and not become
a private club..
4. Noise levels would not be a nuisance.
The following friendly ammendment by Commisioner Bowerman was
accepted:
The- Commission further stipulates that the conditional use permit
.should be reviewed by - the City in one year and in the event the
Council elects to not continue the permit, the burden of responsi-
bility. should be on the Council to produce sufficient reason for
not continuing the permit and .not on the proprietor for justifying
the continuance
• Motion carried unanimously.
The meeting was recessed from -9 :25 p.m. until 9 : 30 p.m. when the
public hearing to consider the 'request for the necessary. rezoning,
conditional use permit and variances to•. allow the. expansion from
6 -
765 square feet to 2 , 700 square feet of the Good Luck Cafe at 2700 i
Coolidge Street N.E.
Chair- Makowske read the notice of the hearing which had gone out .
to all property owners within 350 feet of the subject property and
had been published in the Bulletin July 7.
No-one present reported failure to receive the notice or objected
to its content.
Mr. Childs explained that because the existing restaurant is
currently a non-conforming use because it is sited on two lots ,
one commercially and the other R-1 (single family dwelling) zoned,
it -would be -necessary for the City to 1) rezone the single family
lot to commercial to permit the expansion; 2) grant a conditional
use .permit : to allow the expansion in a location which is - less than
250 feet from a residentially zoned district; and 3) to grant a
variance which would permit 22 parking spaces where 85 are required
by Ordinance. He noted the original application had been in error
because the 34 parking spaces proposed had included part of the
City right-of-way. The Manager reiterated his recommendation in
his July . 12 cover Memorandum in the agenda packet that he perceives
only a minor expansion might .be. acceptable on that- particular .lot -
and thatonly if the applicant is able to provide adequate parking.
and buffering of his property from the adjoining residential
neighborhood. It is staff' s recommendation that if - the -applicant •
is not willing to adjust his plans in this manner, the Commission
should recommend Council denial of the request.
There was a general concurrence that the drawings which- had been
submitted with the application were inadequate and Commissioner
Bjorklund..attempted to draw with chalk a rough sketch of what he
perceived the proposal would be. Commissioner Bowerman protested
this effort saying he believed the Commission could not make an
educated decision on the proposal unless they had acceptable site
plans including parking and landscaping drawn to scale. However,
since -there- were about a dozen persons present to discuss the
proposal, the Commissioner conceded the hearing should proceed so
they could provide input to the consideration.
The points of opposition to the proposal expressed in the July 13
letter from.-Dr. Preston and Sharon Williams were echoed by residents
who live near the restaurant, including Jerry Kelly, John J. Jadinak;
2805 27th-' Avenue N.E. , who lives across the .alley; Donald Drusch
and Bernadette Loahr who live at 3804 and -2800 Pahl Avenue N.E. ,
who agreed. the expansion would have an adverse effect on their
neighborhood..
Commissioner Jones summarized their opposi.tion .by telling the
applicants Kin Lun Kwong, 5001 Clearview, Avenue 'N.E: in Fridley
and his interpreter, Simon. Kwong, :that he perceived that. Mr. Kwon' s. •
neighbors •-believe.,-that in the two or three years he- has been in
business his- method- of :handling--garbage and weeds have resulted in
difficulties- for them as well as the general appearance of his
property since he took over the . cafe - after- the Three Circles rest-
aurant.- closed. He said the -neighbors- agree with Dr. Williams that
7. -
• his present level of .business would not seem to justify such a
large expansion and are concerned thatif he were ever to have 88
persons seated in his cafe the 22 parking spaces he proposes to
provide would be grossly inadequate and his customers would end
up parking on the adjacent residential streets which are- over-
utilized now. Simon Kwong who had written the letter of application
which accompanied the requests served as translator for Kin tun
Kwong' s responses in chinese to these objections. He siad the
retaurant proprietor would erect a six foot wood fence to buffer
his property from the neighbors on one- side and a brick wall around -
the -garbage area. He had no solution for the on street parking
potential, but indicated all truck deliveries would be made from
the front of the restaurant to avoid damage to Mr. Jadinak's cyclone
fence along the alley. Mr. Kwon was- unable to give an explanation
of why he had not maintained his property in- a better fashion in
the past, but promised to "do better" in the future. Although his-
present clientelle could not justify the expansion' he proposes,
Mr. Kwon indicated through his interpreter that many potential
Chinese customers had told him they would patronize his place of
business if it weren't so small. Mr. Jadinak indicated he would
hate to see the traffic problems the neighbors had experienced in
the past with the previous drive-in repeated with this business and
said it cost. him $275 to keep his dandelions cut which -he attributed
to the lack of weed control on the restaurant property.
Mr. Drusch indicated he believes the quality of life in that
neighborhood would be devalued if the expansion were permitted and
traffic and parking on adjacent street increased to the point it
had been with the Three Circles . He suggested there was adequate
space for a cafe of this size in the adjoining St. Anthony Shopping
Center- and suggested the City work with Mr. Kwon to make such a move
feasible so the lot which is now zoned commercial could be rezoned
to R-1 to match the surrounding district zoning.
Mrs. Loahr indicated she would rather see a "growing fence" like a
growing hedge provided as a buf.fer,- saying "The last thing we need '
in this neighborhood is another large wooden fence. "
The hearing was closed at 10:25 p.m.
Mr. Childs indicated he perceives the owners insistance that he would
need only thw two employees to run the expanded business was not
realistic and there should be some provision in the plan for employee
parking. He emphasized to the Commission memebers that there had
been no- evidence submitted which proved the City Ordinance or unique
topography of this particular parcel of land caused a hardship which
would justify granting either a conditional use permit or the
requested variance for parking. He perceives the only hardship the
restaurant proprietor would experience was not being able to -squeeze
larger cafe on an inadequately sized lot.
• Motion- by Commissioner Bjorkl-und and seconded by Commissioner Jones
to recommend Council denial of requests from Kin Lun Kwong for a
conditional use permit, a parking space variance and rezoning of
Lot• 2 . Block 6 , Murray Heights Addition (2700 Coolidge Street N.E. )
which would permit the expansion of, the Good Luck Cafe from a 765
8 -
square foot structure to 2700 square .feet as proposed, finding •
that- the three conditions which must be satisfied for the, condi-
tional use permit and the variance -had not been met in the pro=
posal, and for the following additional reasons:
1. The City Comprehensive Plan -indicated there is a conflict of
land use in this particular area of the City and recommended
that future land use should not be commercial.
2. Existing businesses in the same neighborhood are overutilizing
on-street parking now.
3. The Metropolitan Transit Commission also overutilizes all
-available street parking in the immediate vicinity of the
cafe.
4. Adequate snow storage was. not addressed in the proposal. .
5. Adequate screening or adequacy of existing screening was not
addressed in the proposal.
6. There is a strong possibility that the property values of
homes to the southwest, northwest and north side of the
subject property might be adversely affected by the proposal.
7. Almost all available parking spaces provided on the site are •
required for the existing building.
8. Testimony from the neighbors indicated a poor history of
building and land -maintenance and weed and odor control with
the existing business.
Motion carried unanimously.
Commissioner Bjorklund registered his complaint "as a resident"
to the continuance of the advertising for the sale of leeches at
2817- Stinson Boulevard, even though the sign had been moved back
off the City right-of-way, perceiving that type of signage is
inappropriate in that neighborhood. He was concerned a precedent
was being set for residential signs advertising Avon and Amway
products, etc.
When he brought up the subject of the poorly .maintained Apache
Shopping Center sign on Stinson, Mr. Childs told him that sign is
grandfathered in with the sign ordinance and his conversations ,:
with the Apache management had indicated that. sign would be
included with an overall improvement program for the center pro- .
posed for- the near future:
When the:,proposal for- a sign. :identi-fying the services being
provided in the Parkview . facility--which had been submitted through
the Community Service s •was. considered •it..was the general consensus
of 'the--Commission that only a monument type sign identifying only
the school and the City- would- be -acceptable. The Chair mentioned..
she .could not recall the sign for :the. Apache Medical Center which
the Council had approved over. a Commission recommendation for
9 -
• denial being included in the listing of variances by staff. Mr.
Childs agreed to check the matter out.
In his July 13 memorandum, Mr. Childs had reported the Council 's
inclination to have signage which would indicate the merchants in
the. St. Anthony Village Shopping Center were still in operation
during the redevelopment period and he had attached a possible
sign which listed those merchants. Commissioner Franzese wondered
whether the "Now Leasing" sign attached to the center identification
sign would not serve the same purpose. Several points of opposition
were voiced by Commission members including the disbelief a sign
would do much to improve the business climate of the center,
possible traffic hazards resulting from -the small lettering on
the proposed sign, and the possibility that the merchants on the
other half of the commercial area might demand similar temporary
signage because of damage to business perceived from the redevelop-
ment project.
Commissioner Bjorklund indicated he would rather see sugn signage
permitted under a political decision by the Council rather than a
precedent setting decision by the Planning Commission which they
might have to live with for a long time. -
Commissioner Bowerman questioned why the request had originated"
with the Council and tenants and not the center owners. (Mr .
Saliterman)
There was also concern that historically such temporary signage
has been almost impossible to get removed or to keep maintained.
Chair Makowske recalled some problem with the size of the existing
sign, but Mr. Childs told her under the Sign Ordinance the center
would be permitted 300 total square footage of signage when they
only have 120 square feet now.
Motion by Commissioner Zawislak and seconded by Commissioner Wagner
to recommend the Council permit the temporary signage as proposed
by the City Manager for the St. Anthony Village Shopping Center for
a 12 month period.
Voting on the motion:
Aye: None
Nay: Unanimous
Motion not carried.
The concluding consensus was that a message sign might be acceptable,
but a vote was not taken on that concept.
• Six of* the seven commissioners indicated they would be able to
attend-*the Capital Improvement Program Workshop on August 2.
Bowerman and Bjorklund adjournment at 11 :25 p.m.
Carried unanimously.
tt � • ' ST ANTHONY EXPEIISE - SUMMARY _ _ •
- DATE 06-30-e3 •
- r
- - -- -
-PERCENT
UNPAID EXPENDED REMAINING
BUDGET SPENT THIS M0. SPENT TR TO DATE OBLIGATIONS TO DATE BALANCE
GENERAL FUND - --- - - -- - - - - -- - - -- - - - -- -
MAYOR COUNCIL 3S92SO.00 19S7S.26 129991.30 36.85 229238.50 _
GENERAL MANACENENT S8939S.00 69819.07 289110.22 4799 7 309484078 I(
n
►' ELECTIONS - 19200.00 23.15 1.92 -19176.65 ! '
FINANCE-INSUR t ACCTNG 949485.00 89875.63 309630.64 32.41 639654.36
FINANCE-ASSESSING 189030.00 263.36 19234.73 6.84 169795.25
r LEGAL 279600.00 69500.05 139094.00 47.44 149506.00
ENGR.-PLANNING 6 ZONING 29840.00 192.68 6.78 29647.32
r CITY BUILDINGS 929115.00 139482.09 429130.11 44.73 499984.89
I' CIVIL DEFENSE 25930S.00. 19860.53 79632.08 30.16 179672.92
POLICE PROTECTION 4479921.00 409651.40 2139952.96 47.76 2339968.C4
{ FIRE PROTECTION 2339357.00 249876.74 1209681999 47.59 1329873.01
INSP-8L0G9PLMB9HTNG9HLTH 129725.00 19427.77 59640.15 44.32 79084.85
ANIMAL CONTROL 19750.00 362.00 570.00 32.57 19180.00
PUBLIC WORKS 2459980.00 249662.68 1079224.74 43.59 1389755.26
P8 WRKS-OPER PAINT/REP EO 819020.00 69521.60 369779.59 45.39 449240.41
TREE AND WEED CARE 129460.00 995.16 49713.94 37.83 79746.06
� I
c
l
f
t -.
-- - ST ANTHONY _. EXPENSE - SUMMARY DATE 04-30-83
PERCENT
UNPAID EXPENDED REMAIAING
BUDGET SPENT THIS N0. SPENT VR TO DATE OBLIGATIONS TO DATE BALANCE
( PARKS - - - - 349970.00 39611.82 109209.26 29.19 249760.74
FUND TOTAL _ 194439803.00 1529505.16 635.811.16 43.97 8099991.24
REVENUE SHARING FUND I�
REVENUE SHARING 30.000.00 309OCC.00
FUND TOTAL 309000.00 30.000.00
( COMM DEVEL BLK GRANT FUND (
BLOCK GRANT 6.644.59 69644.59 69644.59CR
FUND TOTAL 69644.59 6.644.59 69644.59CR
H R A FUND
REIPBURSEMENT 437.00 8.146.23 89146.23CR L
FUND TOTAL 437.00 8.146.23 89146.23CR
f I ZAP1TAL EQUIPMENT. FUND -
CAPITAL EQUIPMENT 509650.00 30.529.90 60.27 209120.1C
FUND TOTAL 509650.00 309529.90 60.27 20912C.1C
IMPRV BONDS - 1963 6 1966
l
BONDS - 1963 6 1966 69788.40 69813.50 69813.50CR
FUND TOTAL 6.788.40 69813.50 69813.50CR
I �
i
I
l
• ST AMTHOMV ESPEHSE - SUMMARY •
(, OATS 06-30-83
r
PERCENT
UNPAID EXPENDED REMAINING
BUDGET SPENT THIS NO. SPENT VR TO DATE 08LIGATIONS TO' OATE BALANCE r
IMPROVEMENT BQN01-+ '1973 - _ ---•--- -
BONDS - 1973 83.40CR 69.687.45 69.887.45CR
FUND T0TAL 83.40CR 690887.45 69.887.45Ct
SEVER FUND - '
SEVER 3409430.00 299553.71 1659761.02 48.69 1749668.98
FUND TOTAL 3409430.00 299553.71 1659761.02 48.69 1749668.98
WATER FUND
SEVER 61.40 61.40 61.40CR
MATER 2159685.00 469931.02 1179359.83 54.41 98.325.11
FUND TOTAL 2159685.00 46.992.42 1179421.23 54.44 989263.77
GRAND TOTAL 290829568.00 2429837.88 190419015.68 49.98 190419552.32
t
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- • -- SUO-LEDGER UPDATE DATE 06-30-83 • _ •
r
COUNT REVENUE EXPENDITURES ENCUMBRANCES -
j" CURRENT 489012.79 2429837.88
YEAR-TO-OATS 2294 3679121.97 190419013.61 - - - - -'
BUDGETED 290479423.00 290829568.00
r �
L
• -� ST ANT61M RFV*— SUMMARY GATE 06-30• •_
PERCENT
ANTICIPATED COLLECTED COLLECTED COLLECTED UNCOLLECTED
REVENUE THIS MONTH YR TO DATE TO DATE BALANCE
GENERAL FUND -`
n
PROPERTY TAXES 642.072.00 6.624.89 1.01 635.447.11
( LICENSES 8.000.00 326.00 6.874.00 85.92 1.126.00
PERMITS 10.000.00 2.628.50 I1r441.75 114.41 1.441.7SCR
„ INTERGOVERNMENTAL REVENUE 292.061.00 400.26 47.470.64 19.67 234.590.36
r ' FINES• FORFEITS 6 PENALTI 40.000.00 11.521.28 22.618.03 96.54 17.381.97
k MISCELLANEOUS REVENUES 60.000.00 19345.01 15.478.50 25.79 44•S21.50
NON—REVENUE 39S9000.00 96.2S0.00 24.36 2989750.00
FUND TOTALS, 1.447.133.00 16.225.05 216.751.81 14.97 1.230.375.19
I REVENUE.SHARING FUND
REVENUE SHARING 30.000.00 8.219.00 27.39 2I.781.0C
( FUND TOTALS 30.000.00 8.219.00 27.39 21.781.00
H R A FUND
PROPERTY TAXES 95.52 9S.S2CP
FUND TOTALS 95.52
95.52GR �
CAPITAL EQUIPMENT FUND
CAPITAL EQUIPMENT 50.650.00 50.650.00
II i
l �
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1.
• f DATE 06-30-83
ST ANTNONV REVE�- SUMMARY
PERCENT
" ANTICIPATED COLLECTED COLLECTED COLLECTED UNCOLLECTED
( REVENUE THIS MONTH YR TC DATE TO DATE BALANCE
CAPITAL EQUIPMENT - 309000.00 309000.00 - 309000.00CR
� I
R FUND TOTALS 509650.00 309000.00 309000.00 49.23 209650.00
l I IMPROVEMENT BONDS- 1961 &,
I' INTEREST ON ASSESSMENTS 912.76 912.76CR
FUND TOTALS 912.76 912.76CR
( I IMPAV BOWS - 1963 9 19"
MISCELLANEOUS REVENUES 19126.83 19126.83CR
_BONDS - 1963 6 1968 98.50 183.04 183.04CR
I
+~ BONDS - 1973 19.34 19.34 19.34CA
C
FUND TOTALS 117.84 19329.21 19329.21CR
I
IMPROVEMENT BONDS - 1973
MISCELLANEOUS REVENUES 73.89 73.89CR
BONDS - 1973 720.70
320.70CR
FUND TOTALS 194.59 394.59CR
IMPROVEMENTS - 1916
l
BONDS - 1976 618.07
I 618.O7CR
FUND TOTALS 618.07 618.07CR
1 l
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I
' ST AilTbum REVEO— SU MARV
DATE 06—j6# �
PERCENT
ANTICIPATEO COLLECTED COLLECTED COLLECTED UNCOLLECTED
r REVENUE THIS MONTH VR TO DATE TO CATE BALANCE
SEWER FUND -'
r
'n
SEWER 3009640.00 19009.50 11083.41 23.74 2299256.59
(' FUND TOTALS 3009640.00 ?19009.50 719383.41 23.74 22%2%.59
WATER FUND
MATER 2149000.00 660.40 339411.60 15.54 181.588.40
r 1 FUND TOTALS 2159000.00 660.40 339411.60 15.94 1819588.40
GRAND TOTALS 29043#423.00 489012.79 363.121.97 L7.7 7 196809301.03
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4
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
I ----------------------------------------------------------------_------------
Date Submitted Type of Action Requested Agenda Item Number
Resolution Reports-3a
July 1 1 , 1983 Ordinance
Date Action Requested X Formal Action/Motion Title Fire Department
Other Monthly Activity
July 26, 1983 Informational Report-June 1983
----------------------------------------------------------------
TO: Mayor and Councilmen
FROM : Lee Entner , Fire Chief
---------------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT:
Emergencies Fires
Head injury 4 Fire alarm 4
Personal injury accident 3 Power pole/wires 1
Poisoning 2 Gas leak 1
DOA 2 Chimney fire 1
Chest. pain 2 Smoke condition 1
Pedestrian/bicycle vs. auto 2 Tornado warning 1
Diabetic 1
Seizure 1
Confusion/anxiety/agitation 1
Ring removal 1
Back injury 1
Dizzy, weak, nausea 1
Fainted 1
Police assist 1
RECOMMENDATION :
• Cl,-,Y MANAGER' S REVIEW: COMMENTS :
p ST. AIITHONY FIRE DEPARTI-1214 '
COITANY MONTHLY REPORT
RUN DATE LOCATION LOSS REf1ARKS AT IFIRST iSPECIAL C
NO. FIRES AID )UTY INTSPT
HRS IMIN HRS MIN HRS 1III1 HRS OIN
S
j I' a 1.9 $ 8
s 37
s iO
6 I
I
t
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ST. AIITHONY FIRE DEPARTI-11314T
COMPANY �ji%$V '$�-5�•2 ' °JO IiOIJTHLY REPORT
Tuie /°l'fr3
RUN DATE LOCATIO14 LOSS REMARKS AT FIRST ESPECIAL COMPANY
NO. FIRES AID )UTY IA'SPT
HRS MIN HRS MIN HRS MIIJ HRS MIN
-353 6-;,/ . y: . X/ A c-ti uo a
3SS 6- 3S
3s6 6-A 3808
3-T7
aw 1 Jo
c .41-L ,CD cuT 4/)0 I
a ga J r a►,3
12/A 5;0,/C-4 e- — c;2ql
3� S "-so ,j gLh& 1 31
1 S F,
5 t66.I-, e -
3�� 6-3o ro�n�o Cvc� ' 7or/7ujo W«rn,.n !�
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ST., AIIT;IOIIY FIRE G13PAI'.TPILPJ'1'
11014TIlLY REPORT
COMPANY co�� ?--I - `1O
RUN DATE LOCATION LOSS REMARKS AT FIRST lCOMPANY
NO. FIRES AID )UTY IYSPT,
HRS IPIIN HRS MIN HRS ."•IIN HRS HIN .
krv\ Y ; pt. Zy
F-)-Tax' #I O L c4ve-�T RN I N3
SSE 6 '
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3Sa i -�3 'G 1-
ST.. Ai1T;lOI.IY FIRE G1?PAP.T[1 i11
11014TIlLY REPO^T
COMPANY 6ci 8o �lu"E 1 B3
RUN DATE LOCATION LOSS P.EMARKS AT FIRST -SPECI:iL COMPANY
NO. FIRES AID DUTY IN PT.
HRS IMIN HRS IMIN HRS 1XIIII HRS VIIN
31 va
1 o b
3,!2
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3 �� CIS ; PP�►f� t✓ i �ASOLLi,J. uJA.�- fzo Zp
ST., AiMIONY FIRE D13PART1IENII
11014T11LY REPORT
COI PANY �o �I 80 - a/ -
J'
RUN DATE LOCATION LOSS REMARKS AT FIRST -SPECIr•1L IcorippiTy
NO. FIRES AID )UTY I IA'SPT.
HRS IMIN HRS IMIN HRS 1-II1d HRS IMIN
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ao
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STAFF MEETING NOTES
Tuesday, July 19, 1983 at 7: 30 a.m.
Present: D. Childs, R. Nelson, D. Hickerson, L. Hamer,
and C. Johnson
Absent: L. Entner and C. Kroeplin
Carol Johnson reported that the. 6 month financial report
would be ready for the 7/26 City Council Meeting. She
also commented that the management letter from the City's
Auditor has not yet been received.
Larry Hamer reported that he had met with the local
garbage haulers about several concerns and had found them
all to be very cooperative. The firms will be getting
some information to the City so that possible alternative
pickup strategies could be explored to reduce the number
of days that garbage sits on the curb in various areas
of the City.
• Larry Hamer reported that he will be attending a special
E. P.A. Seminar in Chicago regarding water contamination
on July 28 and that on his return trip he hoped to stop
at Menomenie Falls, Wisconsin to see a demonstration of
the sewer lining techniques discussed earlier this year .
Ray Nelson reported that as part of the "TOMAHAWK DAYS"
(now renamed) celebration at Apache he would have a wine
tasting for all day Thursday, Friday and Saturday. A
number of wine representatives will be present to present
their various samples for shoppers to try.
Dave Childs requested that the department heads set up
meetings with him as soon as they have completed their
portion of the 1984 budget.
Dave Childs also requested department heads input regarding
union bargaining for 1984. The metro managers will be
meeting in early August to discuss the bargaining stance
of cities for 1984.
•
�4N,
STATE OF MIA1wscr A
OFFICE OF THE GOVERNOR
NEW
RUDY PERPICH ST. PAUL 55155
GOVERNOR
June 27, 1983
To Local Units of Government:
The purpose of this letter is to provide information on the
possibility of future budget reductions and actions to be
taken if revenue shortfalls should occur.
I BUDGET STABILITY
During the 1983 legislative session I recommended, and the
Legislature approved, a $250 million budget reserve. In
addition, the General Fund fund balance at the end of the
j F.Y. 84-85 biennium is forecast to be approximately
$100 million. Legislation was also passed which suspends
indexing in the event of a shortfall. Before indexing may
be suspended, the fund balance and budget reserve must be
used. If a shortfall should occur, the above items would
cover the first $433 million.
The Minnesota economy is finally showing signs of recovery.
This, along with the actions taken by the 1983 Legislature,
has returned stability to Minnesota's budget. There is, however,
a note of caution. Current budget estimates include forecasts
of a recovery of the Minnesota economy. If the recovery
should stall, then a budget shortfall and unallotments could
I occur.
I
REVENUE SHORTFALL - ACTIONS TO BE TAKEN
I
If the Department of Finance forecasts a revenue shortfall, the
following actions would be taken in the order listed.
• First, the budget balance would offset the first $100
million of any shortfall.
• Second, with the advice of the Legislative Advisory
Commission, the budget reserve would be used to offset
the next $250 million in shortfalls.
-over-
AN EQUAL OPPORTUNITY EMPLOYER
_ - .'M .
Page Two
June 2 , 1983
Third, indexing would be suspended. If a shortfall
was forecast before September 15, 1984, the amount
is estimated to be $83 million; after September 15,
1984 the amount is estimated to be $26 million.
• Fourth, the Commissioner of Finance would unallot
(impound) up to $100 million, taking into consideration
other resources available to recipients of state
appropriations.
• And lastly, a special session of the Legislature
could be called to deal with any shortfall in excess
of the four items listed above.
SUMMARY
Even though we do not feel a revenue shortfall is likely,
it certainly is a possibility and must not be treated lightly.
The five steps above are necessary for sound financial
• management and to provide information for you to do your-
planning. You should do your financial planning in the
knowledge that several measures have been adopted to assist
in managing the risk inherent in revenue forecasting. You
should also take into account the probabilities (about 1 in
5) that even these measures may not be adequate to prevent
the necessity for unallotments.
The Department of Finance will be preparing quarterly fore-
casts which are widely covered by the news media. Additional
information will be provided to you as conditions warrant.
;in e ely,
„l
udy Per i h
Governor
..r
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
-------------------------------------------------------------------------
• Date Submitted Type of Action Requested Agenda Item Number
_ Resolution G-1
July 21, 1983 Ordinance
Date Action Requested Formal Action/Motion Title Rlmwnnd
-x Other
July 26, 1983 Church Conditional tIS
-------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: David Childs, City Manager----------
SUMMARY DISCUSSION OF SUBJECT:
Because the Planning Commission continued their Public Hearing on
this item until August 16 , to allow the Church and neighboring
residents to meet, action by the Council should be as shown below.
FISCAL IMPACT:
ALTERNATIVES :
RECOMMENDATION:
A motion is needed .to .continue the public hearing on the Elmwood
Lutheran Church Conditional Use Request until 7 : 40 P.M. , August 23, 1983
CITY MANAGER' S REVIEW: COMMENTS :
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
------------------------------------------------------------------------
• J 1
Date Submitted Type of Action Requested Agenda Item Number .
Resolution
July 26, 1983 Ordinance G-2
Date Action Requested Formal Action/Motion Title Robert Slick -
x Other
Non-Alcoholic Bar-Condit-
ional use request.
------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: David Childs, City Manager
-------------------------------------------------------------•-----------
SUMMARY DISCUSSION OF SUBJECT : Attached is a request from Robert Slick, 3400
Buchanan Street N.E. for approval of a conditional use permit to allow the operation
of a non-alcoholic bar at 2533 Harding (formerly occupied by Chick's Billiards) .
conditional use approval is required by Section 9, Subd. 3.8 of the Zoning Ordinance.
As of this date, no objections have been received from any neighboring residents.
Mr. Slick's letter describes, his proposal and rules in detail. No complairnts or
comments were received by the Planning Commission and they have recommended approval
with the following conditions which are acceptable to the applicant.
Findings: 1. This would appear to be an accetpable use in a
commercial district.
2. Adequate parking and access would be provided in that
' location.
3. There would be sufficient distance between the facilit
and the adjoining residential neighborhood.
Conditions:l. No more than 2 non-coin operated pool tables
would be allowed .
2. Only modest amounts of snack type foods would be
served.
3. The establishment would be open to the public and
not become a private club.
4. Noise levels would not be, a nuisance.
5. Review of the permit in one year and if not continued,
the council should have the burden -of responsibility
ALTERNATIVES: ' to justify not allowed continuance.
Approve or disapprove the Planning Commission recommendations as
Presented or modify as desired by the Council.
RECOMMENDATION:
Staff recommends approval of the Planning Commissions recommendations.
CITY MANAGER' S REVIEW: COMMENTS :
P
CITY OF' ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
------------------------------------------------------------------------
Date Submitted Type of Action Requested :' Agenda Item Number
July 21, 1983 Resolution G-3
Ordinance
Date Action Requested Formal Action/Motion Title Good Luck Cafe
July 26, 1983 - X — Other
�Rezoninq, Variance .and
Conditional. Use.
------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: David M. Childs, City Manager
------------------------------------------------------------------------
SUMMARY DISCUSSION' OF SUBJECT: This. is a request from Kin Lun Kwong, 5001
clearview Ave. , Fridley for 3 approvals. (1) Rezoning of Lot 2, Block 6, Murray
Hts. , Addn. ) (Good Luck Cafe) from residential to commercial (2) Conditional use
approval to -allow a restaurant to expand adjacent to a residential zone. (3) A
variance to allow 21 parking spaces as opposed .to the 85 spaces required. . Numerous
persons appeared in opposition or called or wrote letters with concerns about
future traffic, odors and the past poor maintenance of the property.
The Planning commission -recommended denial with the following reasons given:
1. The three conditions which must be satisfied for a variance or conditional
• use were not met.
2. The comprehensive plan shows that the site is recommended for mid-density
residential.
3. Existing business and the MTC presently over utilize on street parking now.
4. Adequate snow storage was not addressed in the proposal.
5. Adequate screening was not addressed in the proposal.
6. There is a strong possibility that property values of nearby homes might
be adversely affected by the proposal.
7. All available parking space on the site appears to be almost completely
utilized by the existing building.
8. Testimony from neighbors indicated a poor history of bldg. and lane' maint. ,
weed and odor control by the existing .business.
Plus 5 other .reasons specified but not available at the time of this writing.
(Helen Crowe is completing the minutes'.)
RECOMMENDATION:
The applicant is considering reducing his request from a 20.00 square foot expansion
to about a 400 - 600 square foot expansion with better screening and more parking.
Council can deny his request as is or table it until the revised proposal is
received-at which time the commission could review the revised proposal. Per
Council.
CITY MANAGER'S REVIEW: COMMENTS :
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
Date Submitted Type of Action Requested Agenda Item Number
July 21, 1983 Resolution H-1 Ordinance
Date Action Requested X Formal Action/Motion Title Joint Purchasing
Jul 26 1983 Other
July , Agreement-Minneapolis
TO: Mayor and Councilmen
FROM : David Childs, City Mangager
SUMMARY DISCUSSION OF SUBJECT:
In order for the City of Minneapolis to join the fire equipment purchasing
group they need agreements signed as attached. The Council should authorize
the Mayor, Manager and Finance Director to execute the attached agreement.
i
• FISCAL IMPACT:
ALTERNATIVES :
I
AJPCOMMENDATION:
Per Council.
CITY MANAGER'S REVIEW: COMMENTS :
JOINT PURCHASING AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the City of Minneapolis and the City of ST.arptmY
WITNESSETH:
• WHEREAS, said Cities, pursuant to Minnesota Statutes 1967, Section 471.59,
are desirous of making joint purchases of equipment, materials and supplies in
order to secure more favorable prices,
NOW,THEREFORE, the parties agree as follows!
1. That the City of Minneapolis, pursuant to the procedures set forth in the
Minneapolis City Charter and applicable state statutes, shall make joint purchases
for both cities of whatever same or similar equipment, materials and supplies are
authorized and requested by both cities.
2. Each party shall make payment directly to the Vendor according to
established procedures.
3. Neither party shall assume any responsibility for the accountability of
funds expended by the other or the issuance of a purchase order by the other party.
4. Each party shall be separately accountable for its own expenditures of
public funds made hereunder.
5. After bids have been received by the Purchasing Department of the City of
Minneapolis and awarded, each party shall enter into its own separate contract or
agreement with the vendor.
This agreement shall be effective upon its approval and execution by both r ;
parties hereto and shall continue in effect thereafter until and unless cancelled
by either party upon written notice to the other party.
• CITY OF MINNEAPOLIS, Minnesota
By
Approved as to form: Purchasing Agent
Assistant City Attorney
Approved as to form and
execution this
day of 19 Dated this day of
19 at Minneapolis, Minnesota.
Assistant City Attorney
CITY OF S, r Minnesota
Approved as to form: By
Mayor
First Asst. Corporation Counsel
City Mr
Approved as to form and "J
execution this
day of , 19 Countersigned:
First Asst. Corporation Counsel city Finn-Di z.or
Dated this day of 19 _
at %.An+ony Minnesota.
i
COUNCIL MEETING JULY 27,1983
i�
PAYROLL DATED JULY 13, 1983 - OVERTIME REPORT
DATE DEPARTMENT REASON HOURS
Police Department
7/6/83 William Ferguson Court 6 hours
7/6/83 Arvid Protelsch Court 23� hours
7/7/83 Joseph Sturdevant Medical hour
6/1/83 Jeffrey Luther Arrest/Assault
officer 231 hours
6/3/83 Jeffrey Luther Felony Arrest l4 hours
6/27/83 Jeffrey Luther Court 4 hours
7/7/83 David Johnston Medical hour
17, hours
Fire Department
7/5/83 Richard Johnson Shift Fill in-Vac. 2 hours
7/8/83 Richard Johnson Shift Fill in-Vac. 2 hours
4 hours
Fire Reserves Fillins for Regular Firemen @4 .00 per hour.
Fillins for regular firemen on vacation 120 hours
Maintenance Dept. O.T.
7/8/83 John Haley Watermain break 5 hours
7/8/83 Arvid Johnson Watermain break 5 hours
7/8/83 James Lorbeski Watermain break 4 hours
7/1/83 Lauren McClanahan Water pressure
problem 2 hours
7/3/83 Clavton Olson High water-storm 2 hours
18 hours