HomeMy WebLinkAboutCC PACKET 06121995 Meeting Sheet
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Folder: CC PACKETS 1994-1998
Document: CC PACKET 06121995
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
June 12, 1995
7:00 P.M.
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF JUNE 12, 1995 COUNCIL AGENDA.
IV. APPROVAL OF MAY 23, 1995 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. TKDA - $1 ,157.10.
B. Dorsey & Whitney - $3,750.21 .
C. Verified.
• VII. REPORTS.
A. 1994 City audit report. Stu Bonniwell will be present.
B. Mayor.
C. Councilmembers.
D. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Resolution 95-034, re: Maintenance agreement for election equipment.
B. Resolution 95-035, re: Termination of lease agreement with Highwood
Food Services, Inc.
C. Resolution 95-036, re: Food service management contract.
D. Resolution 95-037, re: Fund transfer for liquor operations renovations.
E. Resolution 95-038, re: Monetary assistance for
development/redevelopment projects.
F. Resolution 95-039, re: Bid award by Ramsey County for
reconstruction of Silver Lake Road.
G. Ordinance 1995-006, re: Amend building code (1 st reading).
H. Change Order #1 relative to the 1995 Street and Water Main
• Improvements.
X. UNFINISHED BUSINESS.
• A. Second reading for rezoning request from Arnie Gregory for 2926,
2930, 2938, and 3004 Old Highway 8.
B. Second reading for rezoning request from Bruce Nedegaard for XXXX
Fordham Drive.
C. Ordinance 1995-001 , re: Lot coverage (2nd reading).
D. Ordinance 19957005, re: Adult uses (2nd reading).
XI. ADJOURNMENT.
•
1 .
I CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
0 MAY 23, 1995
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
9 Also Present:William Soth, City Attorney; Roger Larson, Finance Director; and Michael
10 Morrison, City Manager.
11 III. APPROVAL OF MAY 23, 1995 COUNCIL AGENDA.
12 Motion by Wagner, second by Fleming to approve the May 23, 1995 Council Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF MAY 9, 1995 COUNCIL MINUTES.
1.6 Motion by Fleming, second by Marks to approve the May 9, 1995 Council minutes as presented.
�j Motion carried unanimously.
18 V. LICENSES/PERMITS/PETITIONS.
19 Motion by Marks, second by Wagner to approve the following licenses:
20 Cigarette License
21 Town& Country Foods
22 Amusement Devices License
23 Minneapolis Bowl-O-Mat/14
24 Bowling Alley License
25 Minneapolis Bowl-O-Mat
26 Vending_Machine License -
27 Minneapolis Bowl-O-Mat
28 Heating License
29 Delmar Furnace Exchange
30 Multiple Dwelling License
31 Lakehill Apartment, 3804 Highcrest Road
32 Plaza Apartments, 3820 Macalaster Drive
33 Caravelle Apartments, Foss Road
34 Macalaster Manor, 3800 Macalaster Drive
Diamond 8 Terrace Apartments, 3200 Diamond 8 Terrace
36 Motion carried unanimously.
City Council Regular Meeting Minutes
May 23, 1995
Page 2
1 Motion by Wagner, second by Enrooth to approve the following permits and licenses:
2 Temporary 3.2 Beer and Wine Permit
3 To Chester Mirocha, Central Park, Jax's Cafe Annual Picnic, July-4,1995
4 To Claire Osborn, Central Park, Life Weight Loss Group, July 20, 1995
5 3.2 Bee_r Off-Sale and On-Sale License
6 Minneapolis'Bowl-O-Mat
7 Town& Country Foods
8 Voting on the motion:
9 Aye: Ranallo, Enrooth, Fleming, Wagner
10 Nay: Marks
11 Motion carried.
12 VI. PRESENTATION OF CLAIMS.
13 Motion by Marks, second by Enrooth to approve the following claims:
14 A. TKDA Engineers, in the amount of$1,707.28 for engineering services in connection with
15 the initial energy audit of water utility facilities.
16 B. Foster. Ojile. Wentzell & Brever. LLC, in the amount of$7,200.00 for professional •
17 services rendered for the months of April, May and June, 1995.
18 C. Midwest Asphalt Corn., in the amount of$66,918.10 for invoice dated May 17, 1995 for
19 St. Anthony Watermain and Street Improvement.
20 D. 5 pages of Verified Claims as presented by the Finance Director.
21 Motion carried unanimously.
22 VII. REPORTS.
23 A. Mark Flaten American Risk Services, 1995 Insurance Coverage.
24 Mark Flaten, American Risk Services, reported the City of St. Anthony insurance renewal
25 for 1995-1996 was favorable. He stated the premium for the year would be$240,537.00
26 which reflected a decrease in premiums of$13,153.00 from last year. This decrease in
27 premiums is primarily due to a decrease in St. Anthony's workers compensation
28 modification from 1.31 to 1.23 and Off-Sale liability dropped from $.57 per$100.00 of
29 receipts to $.52. He reported in 1986 the annual premium was $260,000.00 compared to
30 $240,000.00 for the upcoming year. This is due mostly to the city taking a pro-active
31 position. He suggested the City consider the addition of the Petro Fund to their policy
32 this year as there are several older underground storage tanks.
33 Motion by Marks, second by Wagner to accept staff recommendations and implement the •
34 League of Minnesota Cities Insurance Renewal.
City Council Regular Meeting Minutes
May 23, 1995
Page 3
1 Motion carried unanimously.
2
3 B. Planning Commission- May 16. 1995
4
5 1. Bruce Nedegaard, for XXXX Fordham Drive, Rezoning.
6 Commissioner Horst reported the Nedegaard Construction Company, Inc., has requested
7 rezoning of the area known as Village Commons from R-1 to R-2. Staff is
8 recommending approval of the rezoning. He indicated there was considerable discussion
9 by the Planning Commission and also the public. He reported the neighbors are opposed
10 to the rezoning due to increased traffic, invasion of privacy, concern for the children who
11 play on the street, and headlights shining into residents windows. After due consideration
12 and discussion, the Planning Commission voted unanimously to recommend City Council
13 approve the rezoning with the attached conditions.
14 2. Bruce Nedegaard. for XXXX Fordham Drive. Subdivision of Property.
15 Commissioner Horst reported the Nedegaard Construction Company, Inc., is requesting
16 subdivision of the property known as Village Commons into three parcels which would
17 allow for the construction of six two family residential dwellings and two single family
18 dwellings. Staff has recommended approval of the subdivision as outlined in the
drawing. At the meeting, Mr. Neumann,Nedegaard Construction, indicated the homes as
platted will not require any variances. Horst reported the Planning Commission voted
21 unanimously to recommend City Council approve the plat as submitted.
22 3. Bruce Nedegaard. Request for Placement of a Moved House on a Single_ Family
23 Lot.
24 Commissioner Horst reported Bruce Nedegaard is proposing to move a single story house
25 to Lot 16 of the Village Commons replat. Since there will be no variances required, the
26 Planning Commission did not rule on this item.
27 Mr. Bruce Nedegaard,Nedegaard Construction, Inc., indicated he is proposing the
28 installation of a private road to be used in this development which would include six
29 double units and two single family homes. One single family home will be the
30 Schroeder's and the other will be the new home he is moving. He reported along the
31 railroad track by Evergreen, there is an 18 inch storm drain which extends approximately
32 half the distance of the road and into a manhole which leads to a six foot culvert under the
33 railroad track. There will also be a retention pond for overflow. This will be a mowed
34 area.
35 Commissioner Horst indicated the permit had been submitted to the Rice Creek
36 Watershed District and had been approved with the exception of one minor detail.
Mr. Bob Rapp, 3924 Fordham Drive, presented a petition signed by all the residents of
38 Fordham stating they were firmly united in opposing construction of a private drive
City Council Regular Meeting Minutes
May 23, 1995
Page 4 •
1 which would enter onto Fordham Drive. He stated Fordham Drive is already used as a
2 shortcut from Silver Lake Road to New Brighton. He indicated the need for access
3 should have been addressed when the plan for Evergreen Townhomes was in process. He
4 suggested the private drive enter into the Evergreen property.
5 Ranallo indicated it would not be possible for the drive to enter into Evergreen as that
6 was private property.
7 Linda Jessen, Evergreen Homeowners Association, indicated entering into Evergreen was
8 not an option.
9 Ranallo explained the City had contacted Mr. Paddock at the Metropolitan Council to
10 obtain statistics of what amount of traffic would be generated by six to eight private
11 single family homes without variances. The Metropolitan Council Traffic Division
12 (MCTD) indicated this would generate 10 trips per resident, per hour,per day. The
13 MCTD also'infoi-rued that a neighborhood with six two family residential dwelling would
14 generate five trips per resident, per hour,per day. In essence, the twin homes would
15 generate less traffic than the single family homes. The City then put a counter at the.two
16 entrances of Evergreen Townhomes and recorded the same results as stated by the
17 MCTD. He stated in regards to traffic, the City feel the twin homes are more •
18 advantageous than the single family homes.
19 In response to an unidentified resident, Ranallo indicated the traffic count for a 24 hour
20 period on Fordham Drive generated 342 trips.
21 Commissioner Horst reported that at the Planning Commission meeting,the residents
22 indicated they felt the increase in traffic will lead to a decrease in their property values
23 and the values of the homes on Fordham Drive.
24 Mr. Ted Dageford, 4016 Fordham Drive, indicated he has.lived in St. Anthony for forty
25 years. He built his home on Fordham and raised his children there. He reported people
26 drive very fast on Fordham and use the street as a throughway between Apache Plaza and
27 New Brighton. He indicated the neighborhood is already surrounded by multiple
28 dwellings. He stated when he bought his property the surrounded property was zoned R-
29 1. He bought the property under those terms and conditions and he wants it to stay that
30 way.
31 Marks asked if there had been traffic counts performed in other areas in the City.
32 Ranallo reported a count was done on Wilson Street from St. Anthony Boulevard to 33rd
33 and the result was the same as Fordham Drive. •
City Council Regular Meeting Minutes
May 23, 1995
. Page 5
1 Enrooth indicated the last count done on Skycroft Drive generated 600 trips. He
2 indicated if there was a problem with people using Fordham Drive to cut through to
3 Apache Plaza, that was a separate issue to be addressed at another time.
4 Commissioner Horst reported this was discussed at the Planning Commission meeting
5 and they thought perhaps a stop sign could be installed at the new entrance and Fordham
6 Drive to slow traffic down in the area.
7 Ranallo indicated the policy for stop signs was left up to the neighborhood. If a
8 neighborhood is experiencing traffic problems, they come to the City and petition. A
9 traffic count is then performed for five to six days. The City confers with the
10 Metropolitan Council and the State of Minnesota and if traffic warrants, a stop sign is
11 installed.
12 Marks reported a phone call he had received from a resident who was concerned that
13 traffic going north on Silver Lake Road,turns by the bank and also cuts through the
14 parking lot, to avoid the stoplight when going onto Fordham Drive. -
15 Mr. Birger Kylander, 4013 Fordham Drive, indicated he has been a resident of St.
Anthony since 1966. He stated he felt Bruce Nedegaard had the opportunity to purchase
this property at the same time as the Evergreen development. If this area would have
18 been developed then, a road could have been brought in through Evergreen.
19 Enrooth indicated this issue is being raised because the Schroeders needed a variance to
20 build on their lot. The City is not inclined to consider a variance, so a different angle was
21 attempted to best suit the needs of the entire area. The Schroeder's request is what started
22 this chain of events. He stated Mr.Nedegaard became involved indirectly.
23 Mr. Kylander asked why the other residents had not been informed of this.
24 Fleming indicated there were 300 people in attendance at the meeting in October of last
25 year when the Schroeders first approached the Planning Commission and it was
26 suggested other approaches be investigated. Since then,this issue has been discussed at
27 almost every Council meeting and has been in the paper numerous times.
28 Mr. Dageford asked if the members of the Council had driven around and looked at the
29 neighborhood. He asked if any of the members would like to be in his spot surrounded
30 by that many multiple dwellings. He stated the quality of life means something to the
31 people who live in this neighborhood.
Enrooth stated if the property were zoned R-1, there would be more traffic as there would
be families dwelling there with children and probably multiple cars. The R-2 zoning will
34 most likely attract semi-retired or retired persons with possibly only one vehicle.
City Council Regular Meeting Minutes
May 23, 1995
Page 6 •
1 Mr. Bob Graham, 4020 Fordham Drive, indicated he was a new resident in St. Anthony.
2 He reported while working at his computer Saturday morning, he counted one car pass
3 every minute for fifty minutes. He stated the residents have a unique relationship with
4 the City Council as they have voted them to act as their personal representatives. He
5 stated the residents need the Council to act as their professional representative and
6 customer service representative. He reported he has had people honk and pass him while
7 he was driving on his own road because he was driving too slow. He asked the Council
8 to mitigate this problem now.
9 Ranallo explained the public hearing had been conducted before the Planning
10 Commission. He indicated the Council does listen to what the residents have to say but
11 they have to look toward professional statistics to make decisions. He stated the
12 Metropolitan Council's prime function is to provide statistics. The City viewed the twin
13 homes as a good decision as they generated less traffic than the single family homes.
14 Fleming indicated the traffic problem of people cutting through on Fordham Drive was a
15 separate issue which needed to be addressed. She stated the Council was available to
16 address this issue but did not recall hearing the concern previously.
17 Mr. Graham stated he was concerned with the city supplying $250,000.00 in increment •
18 financing to Mr.Nedegaard. He felt this was not in the City's best interest.
19 Morrison indicated the developer had requested $250,000.00 but the City was only
20 offering $150,000.00 for soil correction.
21 Marks answered an earlier question by stating he lived on Silver Lake Road and would
22 gladly trade places with a resident on Fordham Drive. He indicated the street was very
23 quiet compared to the amount of traffic in front of his house.
24 Enrooth indicated he agreed. He stated he lived on Skycroft Drive and the traffic count
25 there was 600 to 700 per day.
26 Commissioner Horst reported th e option of the property being developed into single
27 family homes was not discussed at the Planning Commission meeting as it was not
28 possible due to the size of the parcel. The parcel is too small to support a public street.
29 Ms. Linda Jessen, 3475 Silver Lane, expressed her concern with the Evergreen
30 Townhome drainage issue. She indicated she did not have confidence that the Rice Creek
31 Watershed District would care for the residents' interest. She stated she thought the
32 Planning Commission recommended the subdivision with certain conditions.
33 Ranallo indicated the Planning Commission recommended approval of the property •
34 subdivision with the condition there be visual separation of property between Mounds
City Council Regular Meeting Minutes
May 23, 1995
. Page 7
1 View Acres and Evergreen Townhomes, stop sign placed on 39th and Fordham Drive to
2 address traffic concerns, resident directly across from entrance to Mounds View Acres be
3 given consideration regarding automobile headlights, and drainage and Rice Creek
4 Watershed District requirements.
5 In response to Marks, Commissioner Horst indicated the Watershed District felt the weirs
6 needed to be redone and the developer has agreed to correct this problem.
7 Ranallo indicated rezoning meant to amend the zoning ordinance and required three
8 readings. He stated it appeared the only problem here was a traffic concern.
9 Enrooth suggested conducting a week traffic count.
10 Ranallo agreed and suggested conducting counts on other streets as well to see how they
11 compared. He suggested the City Engineer investigate to see if there was a way to deter
12 the other traffic using Fordham Drive to cut through. He indicated three readings were
13 required to change the ordinance and that would require three meetings. He proposed the
14 Council could approve the first reading and not the second and third readings if there was
15 a deviation in traffic found. He indicated the property had to be developed to increase the
0 tax base.
17 An unidentified resident asked why this project was being done to appease the
18 Schroeders.
19 Ranallo stated this was not the reason for the development, it was to keep taxes at the
20 level they are at now or reduce them.
21 An unidentified resident indicated he thought the development should have been
22 incorporated with the original Evergreen Townhome project. He felt the land never
23 should have been landlocked in the first place. He stated he lived in the Evergreen
24 Townhomes and the resident there would have been happy to take another eight units in
25 with them.
26 Ranallo indicated the project was being done to lessen the burden on the people. He
27 didn't think the traffic was from the residential area but coming from other areas. He felt
28 it appropriate to approve the first reading and then do some investigating prior to the
29 second reading.
30 City Attorney William Soth, explained that rezoning property meant amending the zoning
31 ordinance. It requires three readings for the City Council to amend any ordinance. This
item will be on the next two agendas. If it is approved at each meeting, the rezoning will
pass. This process is not required but it is what the City of St. Anthony does. It is
34 possible for the readings to be waived but this is not typically what the City would do.
City Council Regular Meeting Minutes
May 23, 1995
Page 8 •
1 He indicated that if City Council did proceed with the motion, they would need to note
2 that Lots 15 and 16 are not included in the rezoning, as they will have single family
3 houses located on them.
4 Morrison indicated those lots were not part of the legal description or rezoning
5 application.
6 Ranallo asked Mr. Nedegaard if he would continue with the project if the Council
7 approved the first reading tonight.
8 Mr. Nedegaard indicated he would continue. He indicated he would include additional
9 screening between his addition and Evergreen Townhomes. He stated he has evergreens
10 along the back of the two doubles, but will add more screening to the grassy area. He
11 indicated he will work something out for the person directly across the street for
12 screening of the headlights. He stated he intends to move ahead and present a final plat at
13 the Council meeting on June 27, 1995.
14 Motion by Marks,second by Enrooth to approve the first reading of the rezoning of the
15 parcel of land known as Mounds View Acres, Second Addition from an R=1, Single
16 Family District.to R-2, Two Family District, and ensuring Lots 15 and 16 are not •
17 included and implementing a week traffic count study of Fordham Drive and other
18 surrounding streets.
19 Motion carried unanimously.
20 Mr. Soth asked if someone had checked the preliminary plat to ensure it conformed with
21 all setback requirements, etc.
22 Morrison indicated Public Works Director Larry Hammer and Management-Assistant
23 Moore-Sykes had confirmed this.
24 Motion by Marks, second by Enrooth'to approve the property subdivision of the property
25 known as Mounds Views Acres, Second Addition into three parcels conditioned on
26 drainage and Rice Creek Watershed District requirements, visual separation of property
27 between Mounds View Acres and Evergreen Townhomes, stop sign placed on 39th and
28 Fordham Drive to address traffic concerns,resident directly across from entrance to
29 Mounds View Acres be given consideration regarding automobile headlights, and subject
30 to City Attorney approval.
31 Motion carried unanimously.
32 Mr. Nedegaard explained he had purchased and is moving the existing house at 4025
33 Stinson onto Lot 16 of the Village Commons replat. He indicated the house will be
City Council Regular Meeting Minutes
May 23, 1995
Page 9
1 completely redone and will require no variances. He reported he was building the house
2 for his daughter and it would be in the $150,000.00 range.
3 4. Arnie Gregory. for 2926 2930 2938 and 3004 Old Highway 8. Rezoning
4 Commissioner Horst reported Arnie Gregory was requesting a zoning change for Mako,
5 Inc./Olson properties on Old Highway 8. Mr. Gregory had previously requested the
6 parcel be rezoned to R-4 zoning to permit high-rise apartments. This however, was not
7 feasible and he later revised the design and changed the plat to townhouses.
8 Commissioner Horst reported the Planning Commission,_had unanimously recommended
9 the Council approve the rezoning from R-2 to R-3.
10 Mr. Jerome Grundmayer, 3013 Croft Drive, indicated in spite of individuals perceptions
11 and L idiosyncracies, he felt this was the only way the land could be developed. If it was
12 not developed now it may become dead property. He reported all the residents along
13 Croft Drive are in favor of the development because the alley will be cut off. He
14 indicated he was very much in favor of the development and hoped it would be approved.
15 Ms. Roberta Lind, 3007 Rankin Road, indicated at present her backyard faces a garage
16 and six cars. The proposed building may be closer but she is envisioning nice
landscaping. She indicated the developer has been very good about working with the
residents and she supports the development.
19 Mr. Roger Braun, 3011 Rankin Road, stated he agreed this was quite a development and
20 he was not opposed to the rezoning. He indicated his garage faced east and after the
21 development he would have no access. He reported Mr. Gregory was working with him
22 to correct this problem. He asked if this rezoning would also require three readings
23 because he needed time to work with the developer and have an agreement in writing. He
24 stated he was not opposed to closing the alley but needed to retain access. He reported
25 there was not enough room to make a u-turn.
26 Mr. Soth asked if the alleys were owned by the developer.
27 Mr. Gregory, Arnold Development, indicated the alley which is part of Lot 7 was part of
28 the purchase but the alley which is part of Lot 13 will stay with Mr. Makowske. He
29 noted Mr. Braun has an easement to cross Lot 13 that used to come out to Old Highway 8
30 but no easement out to Croft. He indicate this easement appeared on Mr. Braun's title but
31 did not appear on the title policy.
32 Motion by Marks, second by Enrooth to approve the first reading of rezoning of 2938 Old
33 Highway 8, 3004 Old Highway 8, and 2926/2930 Old Highway 8, from R-2 to an R-3
0 zoning district.
35 Motion carried unanimously.
City Council Regular Meeting Minutes
May 23, 1995
Page 10
1 5. Arnie Gregory. for 2926. 2930, 2938, and 3004 Old Highway 8. Subdivision of
2 Property,
3 Motion by Marks, second by Fleming to approve subdivision of property and preliminary
4 plat of 2926 Old Highway 8, 2930 Old Highway 8, 2938 Old Highway 8, and 3004 Old
5 Highway 8.
6 Motion carried unanimously.
7 6. Arnie Gregory. for 2926. 2930. 2938. and 3004 Old Highway 8. Setback
8 Variance,
9 Mr. Gregory indicated there were one or two neighbors who were concerned as their
10 backyards were not as deep as the others. He indicated he plans to do special landscaping
11 for them.
12 Andrea Braun, 3011 Rankin Road, indicated she had a deep backyard but was also
13 concerned with the landscaping. Currently, she looks at a one story garage but now she
14 will be seeing a two story building. She indicated she would prefer evergreens or
15 something tall between her backyard and the development.
16 Mr. Gregory indicated he felt everyone would be satisfied with the final landscaping as
17. he has budgeted $7,000.00 per unit of land for landscaping.
18 Motion by Enrooth, second by Marks to approve the backyard variance of 10 feet for Lots
19 1 through 8 due to the shape and topographical conditions of the parcel.
20
21 Motion carried unanimously.
22' Harold Olson, St. Anthony resident, asked if the alley were brought up to City Code,
23 would it be possible to plow this alley in the winter.
24 Council indicated it would be a difficult issue as this was a private road but they would
25 investigate the possibilities.
26 7. Ordinance Amendment Regardini?Lot Coverage.
27 Commissioner Horst reported the Commission was asked to investigate the possibility of
28 increasing lot coverage from 30%to 35%. This would include the driveway and the
29 sidewalks. He reported this had been discussed at a previous meeting. He indicated that
30 after various discussion and a vote, the motion failed at the Planning Commission.
31 Mornson reported this ordinance.amendment was a result of the Schroeder variance
32 request. He indicated St. Anthony was more restrictive than many of the surrounding
33 communities.
City Council Regular Meeting Minutes
May 23, 1995
Page 11
1 Commissioner Horst reported the big concern among many of the Commission members
2 was that this ordinance amendment would encourage existing property owners to build
3 bigger garages and out buildings rather than help new development or redevelopment in
4 the City.
5 Enrooth indicated he felt the tendency in surrounding cities appeared to be greater lot
6 coverage. He suggested surveying 10-15 cities and comparing the results received.
7 There was Council consensus and City Manager was directed to survey surrounding
8 communities to obtain their lot coverage ordinances.
9 8. Ordinance Amendment Regarding Adult Uses,
10 There was no report by Commissioner Horst on this item.
11 C. Mayor
12 Mayor Ranallo reported his attendance at a meeting today With City Manager Mornson
13 and Ms. Rothchild and Mr. Gerber of First Bank. He indicated First Bank now has title
14 to the property at Apache Plaza pending a couple things. They will look to sell the
15 property to someone who will develop it. If this does not occur, they will try to operate
16 the property themselves.
07 Ranallo reported his attendance at the Music in the Park event. He announced the Pig
18 Roast is coming up soon and only 30 tickets have been sold.
19 Ranallo indicated he had received the minutes from the Sister City Committee Meeting.
20 D. Council.'
21 Fleming reported she had attended her first Library book sale in the rain. She indicated
22 there was a large turn out and was pleased to see so many people interested in the
23 Library.
24 Marks reported his attendance at a Sister City Committee meeting last weekend. There
25 was Council direction to send a letter to Salo, Finland to congratulate on Sister City
26 Days.
27 Enrooth reported his attendance at a Village Fest meeting Thursday night. He indicated
28 the planning is proceeding well. He also reminded the Council of the Public Works Open
29 House scheduled for May 24, 1995 from 4:00 to 7:00 p.m.
30 E. City Manager,
31 City Manager Mornson reminded the Council to bring their Audit books to the meeting
on June 12, 1995. He reported the tax increment hearing will be held on June 27, 1995.
City Council Regular Meeting Minutes
May 23, 1995
Page 12
1 Mornson indicated Larry Hammer had been with the City of St. Anthony for 36 years and
2 this was the first year he could remember that there were no injuries by City employees.
3 He reported that due to this fact, the City will have a lunch catered in for all the City
4 employees to thank the employees. The City's Workmens' Compensation costs have
5 decreased by $19,000 because there were no injuries to employees last year.
6 Ranallo reported that over the last week he had received ten.different calls from residents
7 complaining of trash,trucks, cars, and boards in yards all through the city. There was
8 Council-consensus to direct City Manager Momson to put together a press release
9 indicating-that if residents fail to correct the problem on their own,the City will have to
10 take action.
11 VIII. PUBLIC HEARING None.
12 IX. NEW.BUSINESS.
13 A. Upgrade of Pavement Management System
tem
14 Motion by Wagner, second by Marks to approve the purchase of an upgrade to the City's
15 Pavement Management Program'to the new version of the software - Infrastructure
16 CONsultant.
17 Motion carried unanimously.
18 B. Ordinance 1995-001. re: Lot Coverage (1st reading).
19 Motion by Wagner, second by Enrooth to approve the 1 st reading of Ordinance 1995-
20 001, relating to lot coverage,'amending sections 1615, Subd. 8; and 1620, Subd. 8 of the
21 1993 St. Anthony Code of Ordinances.
22 Motion carried unanimously.
23 C. Ordinance 1995-005. re: Adult Uses (1 st reading-).
24 Motion by Marks, second by Wagner to approve the first reading of Ordinance 1995--005,
25 relating to adult uses and sexually oriented businesses, amending Chapter 16 of the City
26 Code to add a new section 1670; amending section 1605.0 1, Subd. 4, defining adult uses,
27 amending section 1605.01 to add certain new definitions; and amending subsection
28 1635.03(x).
29 Motion carried unanimously.
30 Marks commented that the triangular piece of land, the Nedegaard Development, was discussed
31 at the time of the Evergreen Addition: .
City Council Regular Meeting Minutes
May 23, 1995
Page 13
1 Ranallo agreed, indicating the land had been for sale but for an exorbitant price. He stated he
2 had been'led to believe there was enough property there to put six to eight single family homes
3 including the two in front.
4 X. UNFINISHED BUSINESS -None.
5 XI. ADJOURNMENT.
6 Motion by Marks, second by Enrooth to adjourn the meeting at 9:20 P.M.
7 Motion carried unanimously.
8 Respectfully submitted,
9 Lorri Kopischke
10 Timesaver Off Site Secretarial
�1
12 Mayor
13 ATTEST:
14 City Clerk
. ain tho
ill e
DATE: June 12, 1995 APPROVAL: UA
TO: Mayor and Councilmembers
FROM: Judy Monson, License.Clerk
ITEM: Licenses and Permits for Council Approval:
Multiple Dwelling License:
Apache Manor, 3817 Macalaster Drive (Renewal)
Chandler Place, 3701 Chandler Drive (Renewal)
Walker on Kenzie, 2626 Kenzie Terrace (Renewal)
Equinox Apartments, 2808 Silver Lane (Renewal)
• Cameron Properties, 3721 Chandler Drive (Renewal)
Autumnwoods Apartments, 2600 Kenzie Ten (Renewal)
Contractors License:
Rite-Way Waterproofing, Lino Lakes, MN (Renewal)
Joe Nelson Stucco Co., Inc., Coon Rapids, MN (Renewal)
Lone Oak Tree Service, Mpls., MN (Renewal)
Rayco Construction, Inc., Columbia Heights, MN
(Re-roof Sheehy Co., 2818 Anthony Lane)
Twin City Sign Images, Inc., Mpls., MN
(Sign for Stop 'N' Go/37th & Stinson Blvd)
Stock Roofing, Fridley, MN
(Re-roof for Marshall Manufacturing
3820 Chandler Drive)
. ain tho
ilia e
DATE: June 12, 1995 APPROVAL:
TO: Mayor and Councilmembers
FROM: - -Judy Monson, License Clerk - —
ITEM: Licenses and Permits for Council Approval: page 2
Heating Contractors License:
Egan Mechanical, New Hope, MN
(Working at Salvation Army Camp)
Gilbert Mechanical, Edina, MN
(Working at RL Johnson Building)
Paul Falz Company, Inc., St. Paul, MN
(Replacing furnace in R-1 home)
i
OTKDA INVOICE AND KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS• ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL. MN 55101.2140
6121292.4400 FAX:6121292-0083
MR LARRY HAMER Date: May 30, 1995
CITY OF ST, ANTHONY Commission No: 10891-01
- 3301 SILVER LAKE ROAD Invoice No: 030214
ST ANTHONY, MN 55418 Period Ending: 04/30/95
For Engineering Services in connection with the
Initial Energy Audit of Water Utility Facilities.
In accordance with TKDA proposal dated
February 15, 1995 and accepted for the City of
St. Anthony on March 1, -1995.
Energy Audit and Report (10891-01) :
Personnel: Classification: ' Billina Rate:
V. Jacobsen Senior Registered Engin 15.00 Hrs. @ 77.14 = 1. 157.10
AMOUNT DUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1, 157.10
State of Minnesota )
ss
County of Ramsey )
Ray A. Andrews, being first duly sworn, deposes and says that the foregoing
account is just and true; and the services therein charged were actually
rendered and of the value therein charged, that the expenses incurred were
paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me, TOLTZ, KING, DUVALL, ANDERSON
a notary public, on-this date AND A CIATES, INCORPORATED
May 1995. , 6
o
LINDA E.JOHNSON
NOTARY PUBLIC-MINNESOTA
1,f RAMSEY COUNTY
My Comm.Exptres Jan.31,2000
o 1
DORSEY 8C WHITNEY
Pwrzssro>r&r.Lrrrrras ls&srrJrr P"rr=ssair
P.O.BOX 1880
MINNEAPOLIS,MINNESOTA 55480-1880
(818)3404:800
Craz 16=110osnm NIL 414 97)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony, Minnesota May 19, 1995
Attn: Mr. Michael J. Mornson Invoice_ No-.-- 43675.8 _
3301 Silver Lake Road
St. Anthony MN 55418
For Legal Services Rendered Through 04/30/95
Client-Matter No: 178820-00047
General
Oomprehensive Plan and Zoning Issues $ 645.00
Subdivision Issues $ 85.00
Verkin Addition $ 550 .00
Tennis Court Property " $ 185.00
Report For Auditors $ 290.00
Water Treatment Facility . $ 575.00
Unocal Service Station Property $ 145.00
Regulation of Adult Businesses $ 835.00
Review agenda materials and minutes; discussions
with City Manager $ 275.00
Total For Legal Fees $3, 585.00
Plus Dusbursements Per Attached $ 165.21
(, Total This Statement $3,750.21
Service charges are based an rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available
upon requeat.Disbursements and service charges.which either have not been received or processed.will appear on a later statement.
PAYMENT DUE UPON RECEIPT
BRC.. FINANCIAL--_SYSTEM ST . ANTHONY VILLF
.
- -06/06/-9-5-14-:22------ - . ._- -.. . G ' vista,--. r Q_vnA
BANK VENDOR CHECK# DATE AMOUNT
_. _. ... .
FIRS FIRSTAR" ST. ANTHONY- CHECKING- ..:,
A-T--&- T=-INFORMATIQN -S,FST
000020 AA BATTERY CO 9332 06/13/95 31 .90
.00001 ABC SOD FARM 9333 06/13/95 120.00
fl -93<34- /13/95 31T98-
=: 007338 . - AMERICAN EXPRESS 9335°06/13/:95 . 233 "-11
000120 AMERICAN LINEN 9336 06/13/95 .13.30
^^ 5--AM-ER-FCAN-R-I-SK-SERVICES;I=. __ ___.......... 9337 06/.13/95---=-----=-=377--.00- ---
000115 AMES PHOTO FINISH 1 9338 06/13/95 5.41
005175 ASSOC OF METRO MUNICIPAL 9339 06/13/95 25.00
097 7357--B-F- -T-IRE--REE&YGL-ERS E)F-M 9-340G6/13/95 .7-5.00-
008153 BOB 'S PERSONAL COFFEE SE 9341 06/13/95 32.99
- 008225,, BOERGER/DARRYL 9342 06/13/95 42.50
00-7+68-----BOYER-FRUeK-PAR-T 4343-06 8-88-
1 .00001 CALIBRE PRESS, INC. 9344 06/13/95 179.00
007164 CARLSON EQUIPMENT CO 9345 06/13/95 34. 12
00&.to -eATeo-etti--v•eH-&--TRANS--s• 4 .
.00002 CCP INDUSTRIES ,INC_' 9347 06/13/95 . 159.97'
008145 CELLULAR ONE 9348 06/13/95 `42.60
06-73-00 IC EMS-TON E-=PR10f�t eTS-eOM-PA - -9-349-0 5' 04:74-
005198 CENTRAL LOCK & SAFE CO 9350 06/13/95 17.50
000660 CITY OF COLUMBIA HEIGHTS 9351 06/13/95 26.47
00 65-5-etARE-Y`S-SAfET-Y-EQU-IPMf . 352 6/i5ir'9 8-45--
000685 COAST TO COAST 9353 06/13/95 112.02
000815 COTRONEO/DOMINIC 9354 06/13/95 149.73
5e4e-Dfze-it f)us-T*K-9-IN e 85. 0=
.00002 ERICKSON/JEFFREY 9356 06/13/95 50.00
.00003 FARRELL/MICHAEL 9357. 06/13/95 50.00
008-Y77-7 F LYN N-/-T-1 MQ-T H-Y- 358-Ofs 8-1-4-
007115 FOUR BY FOUR 9359. 06/13/95 48-.00
001025 G & K SERVICES 9360 '06/13/95 70.73 -
001030-a-&-Kf-B-ERY-leE 6-1-0 67.8fr--
007057 GENEX 9362 06/13/95 48.87
001145 GLENWOOD INGLEWOOD 9363 06/13/95 12.30
001241--GRACE-/DUAN 4364-06/-17369 769--.30
008187 HENNEPIN COUNTY TREASURE 9365 06/13/95 68.00
001545 HOOVER WHEEL ALIGNMENT 9366 06/13/95 29.95
00-160-1---FNGMAN-tA 9-36-7-0&/13/95 8.00-
1 007358 J.R. 'S APPLIANCE DISPOSA 9368 06/13/95 225.00
000715 LEEF BROS 9369 06/13/95 3.59
008192 tEHNER/RONAt .9370-06-/-1319 9.fs6r-
002040 LILLIE SUBURBAN NEWSPAPE 9371- 06/13/95 70.88
;r 001981 LMCIT 9372 06/13/95 537.04
0 teWEtt-- -AU-T0M0-T-IV 9x7-3-06-/-13-69 00-
LUCKING MACHINE CO 9374 06/13/95 200.00
008226 MANGSETH/JON 9375 06/13/95 58.45
00033 MATER-IAL-S-o-fS-T--FUN 93-76-06-/-1-3�k9 1:30-
.00004 MCNEILL/JAMES 9377 06/13/95 50.00
.00005 MERCIL/KEITH 9378 06/13/95 50.00
` m. q
.... ::
BRC FINANCIAL SYSTEM ST. ANTHONY VILLE
i
I
BANK VENDOR CHECK# DATE AMOUNT
._ -..... . -------- _..._, _. _ ._ _. . ._ .- . ..
_.
-": FIRS FIRSTAR- ST ANTHONY-7 CHECKING"'7, .
EtEeTR011f_ 79-8frf1z3/-9 _
002280 MIDWEST ASPHALT CORP 9380 06/13/95 425.31
000045 MIDWEST BUSINESS PRODUCT 9381 06/13/95 799.04
002320:;- MINAR FORD�.INC: ._.
:- 9383 Obj13/95 :: 105:19
-! " 002380 MINNEGASCOINC 9384 06/13/95 3,985.20
_---007054-_- - MN-CHIEFS-OF-POLICE ASSN---- --9385`'06/1-3/95"-"- " ---
E 008097 MN CITY MGMT ASSOCIATION 9386 06/13/95 60.00
.00006 MONSON/JUDY 9387 06/13/95 4.50
0 08 T3lB—N E�3-N lG- R . 0
008220 NORTHERN AIRGAS : 9389 06/13/95 12.84
,f 002680: NORTHERN STATES POWER 9390 06/13/95 3,607.95
TH ERtl-SrA-rES-PD 9-1 0&tr'sf 9 2, 170.78--`
_ 007317 NORTHERN WATER WORKS SUP 9392 06/13/95 928.68
.00007 NORWEST BANK MN . N .A. 9393 06/13/95 125.00
OB08 ---CFrICEMAX- R " 4--a6/T 3"
008172 OSWALD HOSE . & ADAPTERS 9395 06/13/95 6.00.
007331. . PABUETTE MAINTENANCE, 9396 06/13/95 1 ,681 .71 :
- - Zr7 t?ARTS-PttJ 06-/ 3-/9 0-.69
:I .00008 PLETSCHER'S GREENHOUSE 9398 06/13/95 35.95
008224 PONY EXPRESS RELOADERS 9399 06/13/95 2,320.68
002740 POSTMAST`E 9-a00r0 7 r3/9 X00'-
008003 R C IDENTIFICATIONS INC 9401 :06/13/95 25.03
008158 RAMSEY-COUNTY . 9402 06/13/95- 51 .00
_ @ R f-t€C IVE-PRODUCT 03-10t!13 5 i9_371m_
005293 ROAD RUNNER 9404 06/13/95 40. 10
007025 ROBINSON LANDSCAPING INC 9405 06/13/95 76.68
- . 03T00�R0SEt77ptE�C�fi€VRfJt �t76`/T3f 9 7-32—
_ 00005 ROYAL CONCRETE PIPE 9407- 06/13/95 122. 19
.00010 SAWABINI & ASSOC. 9408 06/13/95 280.00
-` 003-3-1-a- 5'ERCO tABORATOR-f6 9-06 l- f 9 5 00�`--
003460 SPRING LAKE PARK LUMBER 9410 06/13/95 49.97
003485 ST TREAS SURP PROP FUND 9411 06/13/95 105.00
:I .00009—ST—AI�THOtVY-F IRE-�fGHfiE 94-Y2-Ofsf Y-3-- fs7---
.� 003490 STREICHER'S 9413 06/13/95 112.62 '
007311 SUBURBAN COLLISION & PAI 9414 06/13/95 80.00
00�8t-----StJBdRBAN-PROPA 9 15-06f r3-/9 308-15---
008202 TIME SAVER .OFF SITE SEC 9416 06/13/95 468.75
003560 TRACY PRINTING 9417 06/13/95 172.70
00-7044—TWIN-C-I'-FY-JAN-YTOR-StJPP, g�r8-Ofsi`t -/95 r39:�Y--
008227 U S WEST CELLULAR 9419 06/13/95 211 .25
007341 U.S. TIRE & EXHAUST 9420 06/13/95 71 .54
O UN-1-FORMS-ttNC-Y1tI T€ 42't-Ot f l-V 9 7 T.t—
003735 WASTE MGMT 9422 06/13/95 152. 19
sTAR-'sT—At�tfitiahtY-etiEelrYN 6;800-32'
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
__t/O1/95 15!54 Check Register GL540R-VO4.30 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
-tIQR LEBUOR C-HECKING�CCOUN7
004009 AETNA LIFE & CASUALTY 7617 05/31/95 454. 17
0 27 40 AROITSON/TI40THY 7-61-9-65-1 31/95 -4-8-.66-
004040 BOYD HOUSER CANDY & TOBA 7619 05/31/95 1 ,922.49
004100 _ COMMISSIONER OF REVENUE 7620 05/31/95 714. 73 _
004120 . EAGLE _WINE CO 7621 05]31/95 111 .82
004410 FIRSTAR ST ANTHONY BANK 7622 05/31/95 4, 143.26
_ 004411 FIRSTAR ST ANTHONY BANK 7623 05/31/95 15,000.00
�� 004175 GRIGGS COOPER & CO INC 7624 057395 7 ,201 .56
004201 HEGGIES PIZZA 7625 05/31/95 85.20
_004202 HENN CTY SUPPORT & COLL 7626 05/31/95 240.85
004220 JOHNSON 4�(INE CO 7627 05/31 95 20,834.24
004225 KRAFT FOODSERVICE 7628 05/31/95 836.60
004231 LANGRIDGE/MIN 7629 05/31/95 65.00
004250 LUNDGREN7MATTHEW H . 7630 051395 96.00
004272 METZ BAKING CO 7631 05/31/95 98.23
004318 FINANCIAL INS CO 7632 05/31/95 9. 50
004357 PARTY BELL ENT. 7633 031/95 450.00
004380 PUBLIC EMPLOYEE RETIREME 7634 05/31/95 1 ,606.35
004356 PERRY/DONALD 7635 05/31/95 163.80
004360 PHILLIPS WINE & SPIRITS 7639--b-5731795 6,686. 16
004375 POSTMASTER 7637 05/31/95 116. 00
004376 _ PRIOR WINE CO 7638 05/31/95 2,771 .70_
004385 FBUA�ITY WINE CO 7639 05/31 95 4,357.76
004466 SYSCO-MINNESOTA 7640 05/31/95 249.68
004040 BOYD HOUSER CANDY & TOBA 7706 05/31/95 4,202.92
004009 AETNA LIFE & CASUALTY 7707 05731 95 454. 17
004027 ARONSON/TIMOTHY 7708 05/31/95 48.00
004100 COMMISSIONER OF REVENUE __ 7709 05/31/95_ _ _ 693. 26
^004120 EAGLE WINE CO 7710 05/31/95 - 490.95
004410 FIRSTAR ST ANTHONY BANK 7711 05/31/95 4,033.20
004411 FIRSTAR_ ST ANTHONY BANK 7712 05/31/95 15,000.00 _
004175 GP,IGGS COOPER-8 CO IiR-C 7713 05%31 j95 8,812. 24 V�
004201 HEGGIES PIZZA 7714 05/31/95 31 .80
004220 JOHNSON WINE CO 7715 05/31/95 2, 194.47
004225--KRAFT* FOODSERVICE y 7716 05/31/95 327 .05
004230 KUETHER DISTRIBUTING CO 7717 05/31/95 . 100.00
004231 LANGRIDGE/MIN 7718 05/31/95 65.00_
004250 LUNDGREN/MAT'THEW H . 7719 05%31%95 96.00
004272 METZ BAKING CO 7720 051/31/95 38.85
_ 004357 PARTY BELL ENT . _ 7721 05/31/95 450.00
004360 PHILLIPS WI & SPIRITS- 7722 05/31]95 4,243.90
004376 PRIOR WINE CO 7723 05/31/95 3,431 .72 .
004380 PUBLIC EMPLOYEE RETIREME 7724 05/31/95 1_,591 . 58
004385 QUALITY WINE CO 7725 057395 802. 91
.00001 ST. ANTHONY KIWANIS 7726 05/31/95 200 . 00
004009 AETNA LIFE & CASUALTY 7772 05/31/95 454 . 17
004026_ APACHE PLAZA MERCHANTS 7773 05 31 95 236.00
004027 ARONSON/TIMOTHY 7774 05/31/95 48.00
BRC FINANCIAL SYSTEM ST . ANTHONY VILLAGE
01/95 15:54 Check Register GL540R-VO4.30 PAGE
BANK VENDOR CHECK# DATE AMOUNT
'LIAR--LIQUOR'-CHECKINGACCOUNT
004293 BELLBOY CORP. 7775 05/31/95 103.40
"00404x---BOYD-HOUSER-CANDY^&-TOBA 77g 0 /31795--2;707:34
004100 - COMMISSIONER OF REVENUE 7777 05/31/95 725.63
004120 EAGLE WINE CO 7778 05/31/95 698.24
--'-004410___._- _FIRSTAR---ST ANTHONY-BANK"--._— 7779-05/31/95 4 180...74 --
004411 FIRSTAR ST ANTHONY BANK 7780 05/31/95 15,000.00
004175 GRIGGS COOPER & CO INC 7781 05/31/95 17,527 . 14
__ 004220 JOHNSON-WINE CO 778-2-0573-1795 10-432734
004225 KRAFT FOODSERVICE 7783 05/31/95 386. 16
004231 LANGRIDGE/MIN 7784 05/31/95 65. 00
- 004250 -CON DG REN7MATTREW--R x'77-85-05%31%95 96.00
004272 METZ BAKING CO 7786 05/31/95 30.99
.00002 MINN. HOSPITALITY INS. 7787 05/31/95 65,6.17.55
-- -004357 --PART -. __'778S_05_/3_1795 50:00
004360 PHILLIPS WINE & SPIRITS 7789 05/31/95 5,703. 98
004376 PRIOR WINE CO 7790 05/31/95 250. 30
-- 004380—' --PUBLIC-EMPLOYEE-RETIREME ------7791 05/31795 I;592�8
004385 QUALITY WINE CO 7792 05/31/95 2,470.42
004404 ST. A. LIQUOR #2 PC 7793 05/31/95 191 . 70
`004466 -SYSCO=MINNESOTA X794 03%31-795 147"
004494 WASTE MANAGEMENT - BLAIN 7795 05/31/95 443. 54
LIQUOR'CHECKING ACCOUNT 2427421—
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE
-5/24/95 _15_35 Check Register - GL540R-VO4.30 PAGE
BANK VENDOR CHECK# DATE AMOUNT
-- -- L-IQR- LIQUOR-CHECKING-ACCOUNT
004027 ARONSON/TIMOT.HY 7736 05/25/95 48.00
--004293----8ELL-BOY-C-ORP. 7737-05/25/-95 814-50
004040 BOYD HOUSER CANDY & TOBA 7738 05/25/95 1 ,623.67
004062 CELLULAR ONE 7739 05/25/95 37.61
- -004098 -COMMERC-IAL-L-IFE INS-CO 7740-05/25/95 -15.30
004104 COMPUTER CHEQUE OF MN 7741 05/25/95 131 .00
004120 EAGLE WINE CO 7742 05/25/95 234.48
--004130-----ECOL-AB 7743-05/25/95 —224..27-
004411 FIRSTAR ST ANTHONY BANK 7744 05/25/95 15,000.00
004175 GRIGGS COOPER & CO INC 7745 05/25/95 4,593.87
-- --004185--GROUP-HEALTH-PL-AN IN 746-05/-25/,95 91 3i-72
.00001 HANS ROSACKER 7747 05/25/95 25.85
004202 HENN CTY SUPPORT &' COLL 7748 05/25/95 240.85
004208---i-C-M-A—RET IREMENT--TRUS 7749-05/25/95 0.00
004220 JOHNSON WINE CO 7750 05/25/95 2,753.02
004225 KRAFT FOODSERVICE 7751 05/25/95 510.61
-- -------004231--- L-ANGRIDGE/MIN 7752-05/-25/95 65-00
004250 LUNDGREN/MATTHEW H . 7753 05/25/95 96.00
004266 MARKET MECHANICAL 7754 05/25/95 185.00
�--004365---MEDICA-CHOICE-- - 7755-05/25/-95 1;-572.01 -
004313 MUZAK 7756 05/25/95 91 .95
004335 NORTHERN STATES POWER 7757 05/25/95 3, 192.03
--- 004357 PARTY-BEL-L--ENT . 7758-05/25Y-95 50:00
004360 PHILLIPS WINE & SPIRITS 7759 05/25/95 4 , 141 .74 .
. 00002 PRECISION CLEANING, INC. 7760 05/25/95 239.63
004376—PRIOR-WINE-CO--- 776-1-05/25/95 342
004385 QUALITY WINE CO 7762 05/25/95 1 ,259.85
.00Q03 SATELLITE TV WEEK 7763 05/25/95 104. 00
----004415-----SAVOIE-SUPPLY-CO ----- 7764-05/25/95- 0.5-0
004425 SKYVIEW SATELLITE SYSTEM 7765 05/25/95 148.35
004285 STAR TRIBUNE 7766 05/25/95 33.58
-----004492---U-3—WEST-COMMUN I-CAT IONS 77 6-7---05-f25-/95 667 .51
004491 UNITED WAY 7768 05/25/95 10.00
004270 VAN-O-LITE 7769 05/25/95 97. 15
-004-495 WELSH COMPANI-E ;INC:---- 7770 05/25/95.: 9,848.08
LIQUOR CHECKING ACCOUNT 49,578.55 *
STUART J. BONNIWELL
Certified Public Accountant
• 7101 York Avenue South
Minneapolis, Minnesota 55435
(612) 921-3354
April 20, 1995
Members of the City Council
City of St. Anthony, Minnesota
I have audited the general purpose financial statements :of the City of St. Anthony
as of and for the year ended December 31 , 1994, and have issued. my report thereon
dated April 20, 1995. In planning and performing the audit of the general purpose
financial statements, I considered the system of internal control structure in
order to determine the extent of auditing procedures necessary for expressing an
opinion on the general purpose financial statements of the City and not to provide
assurances on the internal control structure.
My study and evaluation of the internal control structure made for the limited pur-
pose described in the first paragraph would not necessarily disclose any material
weaknesses in the structure. Had I performed additional procedures or performed an
audit of the internal control structure in accordance with generally accepted audit-
ing standards, other- matters might have come to my attention that would have been
• reported to you. , Accordingly, I do not express an opinion on the City's system of
internal control structure taken as a whole or on any of the categories of controls.
The purpose of this letter is to communicate certain matters involving the City's
internal control structure and other- operational procedures noted during the audit.
These comments are presented for your consideration and are not intended to be a
criticism of the performance of City management in fulfilling its duties and respon-
sibilities. This report is intended solely for the information and use of the City
Council , management and others within the organization. Recommendations are intended
to improve internal control structure or financial management and administration.
Segregation of Duties
The City has a limited number of office personnel involved with certain accounting
procedures. The limited number- of personnel responsible for recording, reconciling
and reporting of financial transactions and performance of related accounting pro-
cedures prohibits optimum segregation of duties. Therefore, accounting duties,
policies and procedures must be routinely reviewed to determine if they are being
adhered to or whether circumstances have changed necessitating modification of
existing accounting duties, policies and procedures.
Utility Billing System
Based upon discussions with management, the current utility billing system will be
upgraded in the summer of 1995. Comments which appeared in prior year's management
letter will be addressed during the upgrade process.
Members of the City Council
City of St. Anthony, Minnesota
Liquor Inventory
Liquor inventory increased approximately $50,000 or 12.5% in 1994 compared to 1993.
This increase was attributed to an increase in beer purchases at year end (a 6 to 8
week supply) to avoid a price increase. anticipated in 1995 and an increase in wine
merchandise (new product items) . As a result, wine merchandise accounted for 30% of
the total inventory; whereas, wine sales accounted for 16.8% of total sales. The
concern is that perhaps some of the wine inventory contains slow moving and possibly
obsolete merchandise, which should-be properly reduced to retail value for inventory
purposes (if less than cost ). Discussions with the liquor manager revealed that an
effort to turnover- certain wine merchandise was in process with the result being the
elimination of older, slow moving products. This process was on-going and was not
completed at year end and with the purchase of new products resulted in a higher
than normal wine inventory.
The taking of liquor inventory at year end appeared to be accurate and conducted in
an orderly fashion based upon inventory observation and test counts performed. How-
ever, at the SAV II outlet, it was noted that when inventory merchandise is located
in more than one area in the store, the quantity in all areas is combined and listed
as a single quantity in the inventory records. Current practice is to change the
original count to reflect the additional quantity counted; it would be an improvement
in inventory procedures if the different counts were listed separately in the, inven-
tory records. This practice made matching inventory test counts with the inventory
• listing difficult, especially when resolving inventory differences. In addition,
after the counts were completed and the listings combined by product for input into
the computer, the original counts were erased and a single total recorded. This pro-
cedure prevented testing the mathematical accuracy of combining the .various counts.
The erasure of original counts or information should not be permitted. As much detail
supporting the inventory should be retained, without being altered. Given the liquor
industry's nutrition rate in personnel , proper inventory instructions and procedures
should be reviewed' with. persons assigned to counting inventory prior to all future
inventories.
The gross profit percentages (based on actual sales and costs) by product line com-
pared quite favorably with percentages provided by the manager. The only major excep-
tion was tobacco sales at the SAV II outlet. Based upon accounting records it appears
that the store incurred a slight loss on sales from tobacco products, compared to the
mark up percentage of 20%. Record keeping for this variance was unavailable, although
the manager is going to discuss and review this situation with the store manager.
Recycling Grants
Better grant documentation is needed to support the reimbursements requested from the
counties. During the audit, staff was unable to locate grant reimbursement requests
filed for the first half of the year for recycling grants. However, it appears reim-
bursement of costs incurred and charged to the program were filed properly. Copies
of requests and sufficient supporting documentation should be maintained in the appro-
priate files to permit staff to prepare and submit the necessary documentation for
reimbursement in the event that personnel changes occur in employees who are respon-
sible for administration of the program.
Members of the City Council
City of St. Anthony, Minnesota
•
Collateral
Minnesota statutes require that City deposits (including investments) at each de-
pository be protected by surety bonds, or collateral . Funds on deposit in excess
of insurance provided by the depository must be protected by surety bonds and/or
collateral. The market value of collateral pledged shall be at least 110% of the
deposits not covered by insurance or surety bonds; 140% in the case of mortgage
notes pledged.
It appears that at certain times during the year City deposits exceeded the amount
of collateral pledged by the depository. This situation occurred primarily when
tax settlements and state aids were received and funds deposited were not invested
for a short period thereafter. Although this situation occurred, the City did not
sustain any losses. The amount of insurance (FDIC) coverage provided by the deposi-
tory should be reviewed with bank officials. It is my understanding that $100,000
of coverage is provided by the bank regardless of the number of accounts maintained
at the bank.
Restricted Contributions and Donations
During the year, the City received contributions from 'a private corporation. Based
on discussions with City personnel , there were no restrictions on the use of these
contributions except that they be used for police related activities. To assure •
contributions received are appropriately used, a letter of acknowledgement should
be sent to the donor outlining restrictions, if any, on the use of funds. In addi-
tion, a memorandum should be added to the file indicating the potential use of the
funds. When an expenditure is made, the city manager should initial the memorandum
to indicate approval of the expenditure from the contribution. Such procedures
would assure the donor and others that the funds are being used for their intended
purposes. This would eliminate the potential use of these contributions to supple-
ment current budget expenditures.
Financial Condition
The overall financial condition of the City remains healthy. Following is a brief
review of significant activities of various funds.
General Fund - The fund balance of the General Fund decreased $57,590 as a result
of a residual transfer of prior year cable franchise fees of $58,084 to the Revol-
ving Fund for the city hall/community center. Revenues exceeded expenditures for
the year ended December 31 , 1994, which allowed the General Fund to make nonbudgeted
transfers of $34,977 to the Capital Outlay Fund for capital expenditures (eliminat-
ing the deficit in this fund) and $28,876 to the Employee Benefit Fund to fully fund
the liability for accrued compensated absences. In addition, the City was able to
fund the hiring of additional police officers for two months in anticipation of pro-
viding police services to the City of Falcon Heights. The City also accrued a lia-
bility for a retroactive worker's compensation insurance adjustment of $40,500.
Also, $100,000 has been appropriated for. potential budget shortages in 1995.
Members of the City Council
City of St. Anthony, Minnesota
Financial Condition, continued
The fund balance of the General Fund totaled $761 ,344 as of December 31 , 1994; of
which $481 ,661 has been designated for working capital and $174,945 for a self-
insurance reserve. The balance of the fund balance has been designated for other
continuing programs. The reserve for working capital represents approximately 20%
of budgeted expenditures for 1995. This working capital reserve provides needed
working capital to finance current operations until tax settlements and state aids
are received. This reserve also serves as a safeguard against potential revenue
shortages or unexpected expenditures.
Parkview Building Fund - This was the first year since the City took over operations
of the building, that the Community Center operated• at a break-even -point. Rental
income coupled with the City's contribution exceeded expenditures associated with
operations of the building. This excess was used to defray a significant portion
of the costs of roof repairs.
Certificates of Indebtedness Debt Service Fund - During 1995, the last debt service
payment will be made on these certificates. It is anticipated that this fund will
have an excess fund balance of between $25,000 and $30,000. These funds should be
transferred to the Capital Equipment Fund to provide additional revenues to fund
anticipated/budgeted capital out lay for 1995.
Revolving Fund - Portions of the fund balance have been designated for the follow-
ing purposes: $1 , 174,800 for city hall/community center and $209,650 for capital
outlay expenditure.
Street Improvement Funds - When construction projects are completed, the construc-
tion funds should be closed. Excess funds remaining in a fund, like the 1993
Street Improvement Fund, should be transferred to the debt service fund established
for retirement of the bonded indebtedness. Conversely, any deficit in the street
improvement funds should be eliminated with a transfer from the debt service fund
established for its debt retirement.
Liquor Fund - Liquor operations had a net income of $66,000 for the year ended De-
cember 31 , 1994, an improvement from 1993. However, it should be noted that income
from operations was $10,500, with the difference between net income and operating
income attributed to commissions and rental income. Efforts to increase the profit-
ability from operations alone should be emphasized to avoid relying on nonoperating
revenues to be profitable. Combined gross profit on sales increased to-31 .5% in
1994 compared to 30.7% in 1993. Operating expenses decreased $14,000 despite a re-
duction in salaries of $28,700. Controlling and maintaining costs of operations
is a key element to increasing profitability and need to be monitored closely.
Utility Fund - Investment income and grant reimbursements related to operations of
the filtration plant allowed the Utility Fund to have net income for the year ended
December 31 , 1994. However, the sewer portion of the operations had a deficit for
the year. Water operations continued to subsidize a portion of sewer operating
costs. It is difficult to determine/budget the amount of revenues needed to have
the sewer operation self-sufficient since the largest cost related to its operations
is determined by an outside agency.
Members of the City Council
City of St. Anthony, Minnesota
Financial Condition, continued
The water filtration plant is currently in its fourth year of operation. The
original agreement was for a period of 10 years, at which time the City is respon-
sible for all operating costs associated with the filtration plant. Utility rate
determination will be critical when the current grant reimbursement program expires.
Utility rates should be reviewed on an annual basis to determine their adequacy
and provide for a smooth transition when the City assumes responsibility for costs
of the filtration plant. At that time, water operations may not be 'sufficient to
subsidize the sewer portion of the utility operations.
This report is intended solely for the information and use of the City Council ,
management and others within the organization.
If the Council wishes, I would be pleased to meet and discuss any of the observa-
tions, comments, or recommendations mentioned or other matters pertaining to the
audit with the Council or management at your convenience. If the City desires,
I am available to assist with the implementation of any of the recommendations.
I wish to express my appreciation for the courtesies and cooperation extended by
the City Manager, Finance Director and City personnel during the engagement.
Stuart 7 onniwell
Certified Public Accountant
CITY OF ST. ANTHONY
RESOLUTION 95-034
A RESOLUTION APPROVING A HARDWARE MAINTENANCE
AGREEMENT FOR OPTICAL SCAN EQUIPMENT WITH
BUSINESS RECORDS CORPORATION
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the two year Hardware Maintenance Agreement for Optical Scan
Equipment between the City of St. Anthony and Business Records Corporation
for the four City-owned Optiscan REP vote tabulators.
BE IT FURTHER RESOLVED, that the City Council of the City of St.
Anthony hereby authorizes the City Clerk to sign said Agreement on behalf of
the City of St. Anthony.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
BUSINESS RECORDS CORPORATION
P.O.Box 1082,St.Cloud,MN 56302 (612)253-2170
• HARDWARE MAINTENANCE AGREEMENT
for Optical Scan Equipment
THIS HARDWARE MAINTENANCE AGREEMENT(the"Agreement")is made and entered into this 15th day of MdJJ ,1995,
by and between Business Records Corporation,a Delaware corporation,having a principal place of business at 1111 W.MockingToird Lane,Suite
1400,Dallas,Texas 75247("BRC")and St Anthom,t Village, Minnesota ,a government entity having a principal place
of business at 3301 Silver Lake RD St Anthony. MN 55418 ("Customer"). In consideration of the mutual cov-
enants herein contained,the parties hereby agree as follows:
1.Term and Termination.This Agreement shall become effective with regard to the computer equipment,hardware,peripheral equipment
and other products described in Exhibit A attached hereto(the"Products")on June I, 1995 (the"Commence-
ment Date"),and shall continue bi-annually from the Commencement Date,or this Agreement may be terminated by the parties as follows:
(i)immediately upon delivery of written notice by BRC of its intent to terminate,if Customer shall assign,delegate or otherwise transfer this
Agreement or any of its rights or obligations under this Agreement,(ii)by either parry,if that party delivers written notice to the other party
that the other party is in breach of this Agreement and such breach continues unremedied for forty-five(45)days after the delivery of the
notice;or(iii)by either party,if a party delivers written notice to the other party that an assignment has been made of the business of the
other party for the benefit of creditors,or a receiver,trustee in bankruptcy or similar officer shall be appointed to take charge of the property
of the other party,or the other party is adjudged a bankrupt,provided such assignment,appointment or judgement is not remedied or reversed
with twenty(20)days of delivery of the notice.
2.Inspection. BRC shall have the right to inspect any products before BRC's obligations under this Agreement with respect to any Products
shall begin,if such Products are not covered by an agreement that is in force. BRC may perform such adjustments and repairs as it deems
reasonable and necessary to place any Products in good working condition.If BRC determines,in its sole discretion,that any Product cannot
be placed in good working condition,then BRC may exclude such Products from this Agreement. Customer shall pay BRC for performing
such inspection services and for all labor,materials and adjustments required to place the Product in good working condition,at BRC's then
applicable rates for such services and materials. BRC's inspection fee is$1,000.00,plus parts and travel related expenses.
3. Price and Payment. In consideration for this Agreement,Customer shall pay BRC the amounts described below.
A. An amount equal to the aggregate of the initial maintenance fees on the Products as set forth in Exhibit A.
• B. Any fees or expenses invoiced to Customer by BRC pursuant to Section 2.
C. If Customer selects Option A as described in Exhibit C as an additional service to be performed by BRC under this Agreement,
then Customer shall pay an additional sum equal to the aggregate of the option fees described in Exhibit C.
D.Any import duties or federal,state,municipal or other government excises,sales,use,occupational or similar taxes,insurance
and other fees that BRC must pay as a result of its performance of the Agreement.
E. The payments described in paragraphs 3(A)through 3(D)shall be invoiced to Customer and shall be due within thirty(30)
days of the date such invoice is delivered.If BRC shall not receive a payment from Customer by the date such payment is due,then Customer
shall pay BRC interest on such overdue payment at the highest level of interest allowed by law. In addition,Customer agrees to indemnify
and hold BRC harmless for all costs involved in collecting overdue payments from Customer. Maintenance fees are non-refundable.
4. Responsibilities of BRC.
A. The Optech II,III-P,and III-PE are depot repaired units. If Customer has ten(10)or more Products,preventive maintenance
can be contracted to be performed at Customer site.Subject to the provisions of paragraphs 6 and 8,BRC shall maintain all Products covered
by this Agreement in good working condition. If Customer shall elect to ship the Products to BRC then Customer shall pay all costs of such
shipment to and from the BRC maintenance facility designated by BRC,including any expense for insurance and shall bear all risk of loss
of or damage to the Products during such shipment If Customer chooses to have BRC maintain the Products at Customer's facilities,the
Customer shall notify BRC of its request during BRC's normal working hours by telephone or written communication and Customer shall
pay the associated travel expenses described in Exhibit D if applicable hereto.See Section 5 for customer responsibilities.Notwithstanding
the foregoing,an employee or agent of BRC shall provide one preventive maintenance inspection of the Products during each 12-month
period while this Agreement is in effect,or two preventive maintenance inspections of the Products during a 24-month period while this
Agreement is in effect.If the Product is depot repair,the preventive maintenance is done at a designated BRC facility with Customer paying
freight both to and from BRC.
B. Subject to the provisions of paragraphs 6 and 8,BRC shall supply all labor and/or parts necessary to maintain Products in
good working conditions per the program selected by the customer in Exhibit B. All parts supplied by BRC shall be either new standard
parts or certified rebuilt parts,and shall be substituted and exchanged for the old parts which shall become the property of BRC.
C. If Customer so requests,BRC shall record in reasonable detail,information relating to repair of Products. Such record shall
be adequate to show the repair history of Products,including any history of malfunctions.
• D. BRC will provide loaner units for equipment failing to operate through fault of BRC. These will be provided within 24 hours
of notification to BRC.
HARDWARE MAINTENANCE AGREEMENT for Optical Scan Equipment-Revised in St.Cloud V M5 Page 1 of 3
• E. BRC warrants that Products shipped to a Depot facility will be operational upon arrival at Customer location. Customer shall
verify operation of equipment and notify BRC,if applicable,if nonworking at time of arrival.BRC shall absorb any additional shipping charges,
if applicable,for the return of such non-working,warranted Products.
5. Responsibilities of Customer.
A. Customer shall provide BRC full access to the Products to perform any maintenance services required during the term of this
Agreement.
B. Customer agrees to contact BRC within a minimum of 40 days prior to the date the unit shall be required to schedule
maintenance. These services will be scheduled on a first come first served basis.
C. If maintenance is performed at Customer's facilities,Customer shall provide BRC with adequate working space including,but
not limited to,heat,light,ventilation,electric current and outlets,and adequate storage space,if required by BRC,for spare parts for Products.
Such working space and storage space shall be within a reasonable distance from the Products,and shall be provided to BRC by Customer
at no charge.
D. If BRC so requests,Customer shall record,in reasonable detail,operating information relating to Products,such records shall
be adequate to show the operating history of Products,including any history of malfunctions.
6. Excluded Services,This Agreement does not require BRC to repair or replace(i)ribbons,lithium batteries or other supplies which need
repair or replacement as a result of normal wear and tear,(ii)Products which have been repaired,altered or transported by persons other
than those expressly approved in writing by BRC,(iii)Products from which the serial numbers have been removed,defaced or changed,
(iv)Products damaged as a result of accident,disaster,theft,vandalism,neglect,abuse,use of any Product for a purpose other than the
purpose for which it is designed or use not in accordance with instructions furnished by BRC,(v)Products which have been subjected to
physical,mechanical or electrical design alteration or any conversion by persons other than those expressly approved in writing by BRC,
or(vi)Equipment that in BRC's responsible opinion can not be repaired to a maintainable condition.
7. Disclaimer, BRC DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED WITH REGARD TO MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
S.Customer's Remedies. If BRCshall breach this Agreement in any manner,Customer's exclusive remedy shall be the further adjustment,
repair or maintenance of the Products until the Products are in good working condition. Customer acknowledges that it has sole control
• over the Products. Accordingly,BRC shall not be liable to Customer for damages in any way related to or connected with results obtained
from or otherwise contributed to by the Products. BRC's liability for any losses or damages of any nature except for personal injury,whether
direct,indirect or incidental,arising from its performance of this Agreement,shall be limited to the aggregate amount of the fees'paid by
Customer to BRC pursuant to this Agreement.BRC SHALL NOT BE LIABLE FOR ANY INCIDENTAL,SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED REVENUES OR
PROFITS,OR FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY THIRD PARTY,IN CONNECTION WITH OR ARISING
OUT OF BRC'S PERFORMANCE UNDER THIS AGREEMENT.
9. Miscellaneous.
A. General Confidentiality. Not applicable.
B. Force Maieure. BRC or Customer shall be excused from performance hereunder for any period BRC or Customer is prevented
from performing their respective obligations hereunder in whole or in part as a result of an act of God,war,civil disturbance,court order,
labor dispute or other cause beyond its reasonable control.In addition,such nonperformance shall not be aground for termination or default.
C.Waiver.Any waiver by either party of any provision of this Agreement must be in writing,and shall not imply subsequent waiver
of that or any other provision.
D. Notices. Except as otherwise noted in this Agreement,any notice,demand or request or other communication required to
be given by either party to the other party pursuant to.this Agreement shall be in writing and shall be mailed by first class,registered or certified
mail,return receipt requested,or transmitted by hand delivery,telegram of telex,to the appropriate addresses first set forth above,or to
such other address as either party may hereinafter substitute by written notice given in the manner prescribed in this paragraph. Notice
shall be deemed given three(3)days after mailed,or at such time as it is actually delivered to the addressee or such attempted delivery
is refused by the addressee.
E. Complete Agreement. This Agreement,including the attached exhibits,embodies the entire contractual agreement of the
parties with respect to the subject matter hereof. This Agreement cannot be modified except by written agreement signed by all parties
hereto.
F. ssi ng ment. Customer may not,without BRC's prior written consent,assign or otherwise transfer this Agreement;or any
Customer's rights or obligations under this Agreement,to a third party.BRC shall have the right to subcontract the performance of all services
specified in this Agreement to a third party with written consent from the Customer.
• G.GovemingLaw.This Agreement shall be construed and enforced with the laws of the State of Minnesota
HARDWARE MAINTENANCE AGREEMENT for Optical Scan Equipment-Revised in St.Cloud 2/15/95 Page 2 of 3
Each of the undersigned states that he or she has carefully read the foregoing Agreement and knows the contents thereof and has signed the sao
as his or her own free act and deed.
BUSINESS RECORDS CORPORATION St Anthony Viliage, Minnesota
BY: X BY:
TITLE: X TITLE:
DATE: X DATE:
TERM OF CONTRACT: OBJQ1195 105/,31/97
EXHIBIT A-PROGRAM OPTION
Type Number of Units Serial Location Initial Maintenance Fee'
Number(s) per unit in total
LOP 4 89113, 89114, St Anthony, MN $ 520 $ 2,080
89115, 89743
'see Exhibit B for Product Options
EXHIBIT B-PRODUCT OPTIONS •
Selected from the following service options for equipment coverage.
Select One Select One
Labor Only On-Site
Labor and Materials Depot XX
Parts Only (BRC pays freight of any part shipped
to the Customer,Customer pays
freight of any defective part to BRC.)
EXHIBIT C-OPTIONS
Option A: ELECTION STANDBY SERVICE-BRC applicable rates at time of service.plus travel related expenses.
Definition:On-Call Service to cover election tabulation.Specifications,including approximate dates for the above service,must be provided in writing
to BRC at the time of contract initiation. This amount would be billed at the time of usage.
EXHIBIT D-TRAVEL CHARGES
The following additional charges shall apply if Products are serviced at Customer's facility as part of the Maintenance Agreement.
Actual travel-related expenses: Airfare,hotel,car rental,food and lodging,if service is performed on-site for a depot-repaired •
item.
ALL PRODUCTS COVERED BY THIS AGREEMENT ARE DEPOT-REPAIRED ITEMS OR ON-SITE REPAIRED ITEMS.AS STIPULATED IN EXHIBIT B.
*Payment by. the City will be as follows: $1 ,040 in 1995 and $1,040 in lqq( _
0
HARDWARE MAINTENANCE AGREEMENT for Optical Scan Equipment-Revised In St.Cloud 211595 Page 3 of 3
This has been approved by Kevin Lefeber of Business Records Corporation.
CITY OF ST. ANTHONY
RESOLUTION 95-035
A RESOLUTION TERMINATING THE LEASE AGREEMENT
BETWEEN THE CITY OF ST. ANTHONY AND
HIGHWOOD FOOD SERVICES, INC.
WHEREAS, the City-of St. Anthony entered into a Tease agreement with Highwood Food
Services, Inc. dated August 31, 1992; and
WHEREAS, leased premises is located at 2700 Highway 88, St. Anthony, Minnesota; and
WHEREAS, both aforementioned parties desire to terminate said lease as of June 30, 1995 at
8:06 P.M.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
• hereby approves the termination of the lease agreement between the City of St. Anthony and
Highwood Food Services, Inc.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
• LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT
THIS LEASE TERMINATION AND MUTUAL RELEASE
AGREEMENT ("Agreement") is made and entered into as of ,1995,
by and among the CITY OF ST. ANTHONY, a municipal corporation under the laws
of the State of Minnesota (the "City") and 14IGHWOOD FOOD SERVICES, INC., a
Minnesota corporation ("Highwood"), and ERICH SCHUHMACHER ("Guarantor").
A. The City, as lessor, and Highwood, as lessee, entered into that certain
Lease Agreement dated August , 1992 (the "Lease"), under the terms of which
the City leased to Highwood certain premises consisting of approximately 507 square
feet of kitchen space and 267 square feet of office and storage space (the "Leased
Premises"), in the building located at 2700 Highway 88, St. Anthony, Minnesota, as
more particularly described in the Lease.
B. Guarantor executed that certain Guaranty dated August , 1992 (the
"Guaranty") relating to the Lease.
C. The City and Highwood desire to terminate the Lease in accordance
with the terms and conditions hereinafter set forth.
• D. The City, Highwood and Guarantor also desire to resolve all claims,
disputes, whether existing or potential, known or unknown, whether mentioned
herein or not, that arise out of any representation, action or inaction occurring in
connection with the Lease prior to the date of this Agreement, without the need for
litigation, according to the terms contained herein.
NOW, THEREFORE, in consideration of the foregoing recitals, the
mutual agreements contained herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto
hereby agree as follows:
1. Termination. The Lease shall, without the further act of the parties
hereto, terminate as of 11:59 P.M. on June 30, 1995 (the "Effective Date"), and shall
thereafter be of no further force or effect whatsoever; provided, however, that the
obligations of Highwood.under this Agreement shall survive the termination of the
Lease, and Guarantor shall remain personally liable under the Guaranty for
Highwood's performance hereunder.
2. Survival Until Termination. During the period of time intervening
between the date of execution of this Agreement and the Effective Date, the City and
• Highwood shall remain responsible for the performance of their respective
covenants and obligations under the Lease, and the Lease shall remain in full force
and effect until the Effective Date. •
3. Surrender. Highwood shall surrender the Leased Premises to the City
on the Effective in good condition and repair, reasonable wear and tear during the
term of the Lease excepted, in accordance with the provisions of Section 23 of the
Lease. On or before the_Effective Date, Highwood.shall remove from the Leased
Premises all furniture, inventory and other personal property owned by Highwood,
except for any such items that are being sold to Ernie Swanson ("Swanson"), and any
damage caused to the Leased,-Prernises by Highwood in connection with the
removal of such items shall be repaired promptly by Highwood, at.Highwood's
expense. All personal property of Highwood left in or about the Leased Premises
upon the termination of the Lease, except for any such property that has been sold to
Swanson, shall thereupon become the property of the City, to be.disposed of by the
City as it deems expedient.
4. Release.
(a) Highwood and Guarantor hereby waive, release and relinquish all
rights, claims and defenses they may have against the City, its elected
officials, employees,-agents and other representatives, that arise out of
any representation, action or inaction occurring in connection with the
Lease or the Guaranty prior to the date of this Agreement. •
(b) Except as otherwise stated in this Agreement, the City hereby waives,
releases and relinquishes all rights it may have against Highwood or
Guarantor and their respective officers, partners, employees, agents and
other representatives that arise out of any representation, action or
inaction occurring in connection with the Lease or the Guaranty prior
to the date of this Agreement. Notwithstanding anything in this
Agreement to the contrary, the City does not waive, release or
relinquish any rights it may have against Highwood or.Guarantor (i) in
the nature of contribution for or indemnification of claims which may
be asserted against the City by any third party by reason of any
representation, action or inaction of Highwood, or (ii) for breach of any
of the terms, covenants or conditions contained in this Agreement.
(c) All waivers, releases and relinquishments set forth herein are made on
behalf of the parties, their heirs, legatees, devisees, executors, trustees,
beneficiaries, assigns, officers, partners, directors, shareholders,
employees and agents, and include any and all manner of actions or
inactions, suits, claims, demands, judgments and levies of execution,
whether direct, indirect or derivative, liquidated or unliguidated, fixed
or contingent,-known or unknown.
•
-2-
. 5. Brokerage Commission. Highwood represents and warrants that it has
not dealt with any brokers, finders or the like in connection with the sale of
Highwood's business operated at the Leased Premises or the sale of any equipment
used in connection therewith, and that any and all brokerage commission, finder's
fee or similar fees or charges owing in connection with said transactions shall be
paid-by Highwood. Highwood agrees to indemnify and to hold the City harmless
against all claims, damages; costs and expenses of or for any and all brokerage
commissions, finder's fees or similar fees or commissions resulting from its actions
or agreements regarding said transactions, and will pay all costs of the City,
including reasonable attorney's fees, of defending any action or lawsuit brought to
recover any such brokerage commissions, finder's fees or similar fees.
6. Swanson's Right of Entry. Highwood hereby agrees to allow Swanson,
and his agents, employees and representatives, to enter onto the Leased Premises or
any part thereof at any time during the hours that Highwood is open for business at
the Leased Premises from June , 1995 though and including the Effective Date for
the purposes of observing the operations of the restaurant and to move equipment,
inventory and supplies owned by Swanson into the Leased Premises; provided that
such entry shall not unreasonably interfere with Highwood's use of the Leased
Premises, and provided that any such entry shall be subject to reasonable
requirements that Highwood may impose to protect recipes and/or trade secrets
• located on the Leased Premises. It is agreed and understood that the City shall not be
liable for any damages, costs, expenses, losses or claims of any nature whatsoever
arising out of, or in any way relating to, any such entry by Swanson, or his agents,
employees and/or representatives.
7. Attorneys' Fees. If any action or claim is brought or asserted to enforce
any term, covenant or condition of this Agreement, the successful party in said
action or in said claim shall be awarded its reasonable costs and expenses, including
reasonable attorneys' fees incurred therein.
8. Entire Agreement. This Agreement contains all of the agreements of
the parties hereto with respect to the subject matter hereof, and no other agreement,
understanding or representation of or by the parties made at any time prior to or
contemporaneously with the signing of this Agreement shall be effective for any
purpose except as set forth herein.
-3-
IN WITNESS WHEREOF, the parties hereto have executed this •
Agreement as of the date first above written.
CITY OF ST. ANTHONY
By
Its
HIGHWOOD'S FOOD SERVICES, INC.
By
Its
Erich Schuhmacher •
•
-4-
CITY OF ST. ANTHONY
RESOLUTION 95-036
A RESOLUTION APPROVING A FOOD SERVICE
MANAGEMENT CONTRACT AND AUTHORIZING
THE MAYOR AND CITY.MANAGER TO - - -
EXECUTE SAID CONTRACT
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves a food service contract between the City of St. Anthony (dba the
"Stonehouse") and Ernie Swanson (dba "Ernie's Catering") and authorizes the
Mayor and City Manager to execute said contract on behalf of the City.
Adopted this day of , 1995.
L
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
MEMORANDUM
DATE: April 7, 1995
TO: Mike Morrison, City Manager
FROM: Roger Larson, Finance Director
ITEM: LIQUOR STORE RENOVATIONS
I have reviewed St. Anthony Liquor Operations to substantiate funding for renovation of City
Liquor Operations. Currently, liquor reserves and investments as of 4/30/95 has a balance of
$250,346.
The following is a recap of those dollars:
1) $ 102,309 Bond Reserve Account
2) $ 33,132 Bond Payment Account
• 3) 114,905 General Reserve Account
$ 250,346 Total reserves
The bond reserve & bond payment accounts are restricted funds: They are required reserves
related to the sale of the 1987 Liquor Store Revenue Bonds. Under the terms of the sale,
reserves equal to 1 years annual payment must be kept in escrow. The bonds will be paid in
full in January of 1998 and these reserves cannot be used until that time.
However, the general reserve account with a balance of $ 114,905 can be used to fund the
renovations. This account is used to maintain reserves from past years liquor profits.
Previously, the City has used reserves in this account to fund fire trucks and other capital
equipment expenditures.
Recommendation:
Council authorize funding of proposed liquor renovations and computer upgrades ("not to exceed
$50,000") from the Liquor Operations General Reserve Account.
•
•
CITY OF ST. ANTHONY
RESOLUTION 95-037
A RESOLUTION TRANSFERRING FUNDS
WHEREAS, the City of St. Anthony Liquor Operations desires to do renovation projects,
including, but not limited to, the.upgrade of its computer system; and
WHEREAS, said renovations will not exceed $50,000.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves funding for these renovations.from the Liquor Operations General Reserve
Account.
• Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
CITY OF ST. ANTHONY
RESOLUTION 95-038
A RESOLUTION ESTABLISHING GUIDELINES FOR PROVIDING
MONETARY ASSISTANCE FOR DEVELOPMENT AND
REDEVELOPMENT PROJECTS
WHEREAS, the City Council wishes to establish guidelines for providing assistance for
development and redevelopment projects within the City of St. Anthony; and
WHEREAS, the City Council declares as part of said guideline that for each $100,000 in
new or retained value, assistance in the amount of$10,000 may be provided by
the City; and
WHEREAS, the City Council declares and includes in said guideline that for each full time
job created by the proposed project, assistance in the amount of$5,000 may be
provided.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves of said guidelines as set forth above in this resolution; and
BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony may, under
certain circumstances, wish to vary from these guidelines when the overall betterment of the
City is to be improved; and
BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony has the sole
discretion as to providing the amount of assistance and if any monetary assistance is to be
provided for each individual development or redevelopment project in the City of St. Anthony.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
t
CITY OF ST. ANTHONY
RESOLUTION 95-039
A RESOLUTION OF CONCURRENCE FOR
RAMSEY COUNTY TO AWARD A CONSTRUCTION
CONTRACT
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
concurs with the award by Ramsey County to the lowest bidder for the
reconstruction of Silver Lake Road from Silver Lane to I-694 on behalf of the
City of St. Anthony.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
STAFF REPORT
DATE: June 8, 1995
TO: Michael Mornson, City Manager
FROM: Larry Hamer, Public Works Director
ITEM: WATER MAIN CHANGE ORDER #1
During construction of the street and water main improvements, it was
discovered that a field change in the depth of the water main on Armour
Terrace is needed. An adjustment of 400 feet needs to be made, involving
replacement of the service lines on both sides of the street. The items were
listed in the specifications, so there is already a unit price on all the items.
RECOMMENDATION
Recommend Council's approval of Change Order#1 in conjunction with the
1995 street and water main improvements.
a
CHANGE ORDER NO.1
• PROJECT: 1995 Street and Watermain Improvements
OWNER: City of St Anthony
TO: Midwest Asphalt Corporation
You are directed to make the changes noted below in the subject contract..
OWNER: CITY OF ST.ANTHONY
BY: BY: 6a) ZLO
Larry r,Public Works Director Paul Blum,Project Manager
DATE: DATE: _ 1—.,9-5
NATURE OF CHANGE:
Furnish and install equipment and materials necessary to construct six (6) new water services to
properties on Armour Terrace. This change is necessary because the new watermain is being
constructed at greater than normal depth, making it impossible to reconnect existing water services.
Itemized quantities are tabulated below. All work is covered under existing bid items.
• Unit
Item Unit Quantity Price Amount
.Remove Existing Copper Service LF 140 $2.65 $371.00
Remove Concrete Driveway Pavement SY 10 $3.00 $30.00
Remove Existing Curb Boxes EA 6 $63.65 $381.90
Topsoil Borrow - 17 $9.00 $153.00
Curb Stop,Box and ap EA 6 $180.00 $1,080.00
1" Copper Service Pipe LF 170 $7.95 $1,351.50
6"Thick Conc.Driveway Pavement SY 10 $25.00 $250.00
Sod Type-Lawn SY 150 $1.40 $210.00
Total $3,827.40
Original contract price $659,709.90
Net decrease resulting from this agreement $0.00
Net increase resulting from this agreement $3,827.40
Total contract price including this agreement $663,537.30
No adjustment of contract time will result from this agreement.
The above changes are approved:
Midwest Asphalt Corporation
. Contractor
BY: l DATE:
CITY OF ST. ANTHONY
ORDINANCE 1995-006
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE
AS REVISED AND PROVIDING FOR ITS APPLICATION, ADMINISTRATION,
AND ENFORCEMENT; AND PROVIDING FOR THE REPEAL OF ALL
INCONSISTENT ORDINANCES
The City.Council of the City of St. Anthony hereby ordains:
Section 1. Section 1305 shall read as follows:
SECTION 1305 -HOUSING CODE AND STATE BUILDING CODE
1305.01 State Building Code Adopted. The Minnesota State Building Code, established
pursuant to Minnesota Statutes 16B.59 through 16B.75 and published in Minnesota Rules
Chapters 1300 through 1370 and incorporating the Minnesota Plumbing Code and the
Minnesota Energy Code, Chapters 4715 and 7670 respectively of Minnesota Rules, is hereby
adopted as the building code for the City of St. Anthony, and is incorporated into this
ordinance as if set out in full subject to the following specifications:
• Subd. 1 Mandatory Enforcement Provisions The following chapters of Minnesota
Rules shall be enforced and administered without change by the City as mandatory
provisions of the Minnesota State Building Code:
(a) Chapter 1300 - Minnesota State Building Code
(b),, Chapter 1301 - Building Official Certification
(c) Chapter 1302 - Construction Approvals
(d) Chapter 1305 - Amendments to the Uniform Building Code (UBC)
(Adoption of the 1994 Uniform Building Code). The adoption of this
chapter specifically includes UBC Appendix Chapters: 3, Division I
"Detention and Correctional Facilities"; 12, Division II "Sound
Transmission Control"; and 29, "Minimum Plumbing Fixtures". The
adoption of optional UBC Appendix chapters under Section 1305.0020
shall be as indicated in Subd. 2 of this ordinance
(e) Chapter 1307 - Elevators and Related Devices
(f) Chapter 1315 - Electrical Code (Adoption of 1993 National Electrical
• Code - NEC)
Ordinance 1995-006
• Page 2
(g) Chapter 1325 - Solar Energy Systems
(h) Chapter 1330 - Fallout Shelters
(i) Chapter 1335 - Floodproof ng; Except Sections 1335.0600 through
1335.1200 which are optional and shall be enforced as adopted in Subd.
2 of this ordinance
(j) Chapter 1340 - Facilities for the Handicapped
(k) Chapter 1346 - Uniform Mechanical Code
(1) Chapter 1350 - Manufactured Homes
(m) Chapter 1360 - Prefabricated Buildings
(n) Chapter 1365 - Snow Loads
(o) Chapter 1370 - Storm Shelters
• (p) Chapter 4715 - Minnesota Plumbing Code
(q) Chapter 7670 - Minnesota Energy Code
Subd. 2 Optional Enforcement Provisions.
(a) The following Appendix Chapters of the 1994 Uniform Building Code,
representing optional provisions of the.Minnesota State Building Code as
provided in Chapter 1305.0020 of Minnesota Rules, are hereby adopted by the
City and shall be enforced and administered by the City without change, except
to the extent that the City may adopt revised fee schedules and bonding
requirements under UBC Appendix Chapter 33, as part of the State Building
Code for the City:
(1) UBC Appendix Chapter 3, Division III - Requirements for Group
R, Division 3
Occupancies
(2) UBC Appendix Chapter 15 - Reroofing
• (3) UBC Appendix 19 - Protection of Residential Concrete Exposed-
to Freezing and Thawing
Ordinance 1995-006 •
Page 3
(4) UBC Appendix 31, Division II - Membrane Structures
(5) UBC Appendix 33 - Excavation and Grading
1305.02 Application, Administration, and Enforcement. The application, administration, and
enforcement of the Minnesota State Building Code in the City shall be in accordance with
Minnesota Statutes Chapter 16B and Minnesota Rules Chapters.1300 and 1305. .The City
Council, pursuant to Minnesota Statutes 16B.65, shall appoint a Building Official who shall
attend to all aspects of Building Code administration. Additional members of a City Building
Department shall be authorized by.the City Council as needed. Organization of the City's
Building Department shall be as established by,Chapter 1 of the 1994 Uniform Building Code,
as amended by Minnesota Rules. The Minnesota State Building Code shall be enforced within
- the incorporated limits of the City.
1305.03 Permits. Inspections. and Fees. Permits shall be issued, inspections conducted, and
fees collected as provided for in Minnesota Statutes 16B.62, Chapter 1 of the 1994 UBC, and
Minnesota Rules 1305.0106 and 1305.017. -
1305.04. Surcharge, In addition to the permit fee required under Section 1305.03 above, the
applicant fora building permit shall pay a surcharge to be remitted to the Minnesota
Department of Administration as prescribed by Minnesota Statutes 16B.70.
1305.05 Repeal, Section 1305 of the 1993 St. Anthony Code of Ordinances and all ordinances
in conflict or inconsistent with the provisions of this ordinance are hereby repealed.
Section.2. This ordinance shall be in effect as of the date of its publication.
First Reading: June 12, 1995
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on the day of , 1995.
MEMORANDUM
DATE: June 5, 1995
TO: Michael Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEW Four-Day Traffic Study of Fordham Drive
In a response to the residents of Fordham Drive, the Public Works Department again set
out traffic counters on Fordham.Drive-south-of Silver Lane and north- of 39th Avenue.
The residents requested that the counters be left over the weekend and during regular
weekday hours. The traffic counters were left at this location for 168 hours from May 26
to June 2. It is 4ssumed that most of the traffic is locally generated indicating that vehicles
left and returned to the neighborhood.
Traffic counters were also left at Macalaster, north of 39th Avenue, Macalaster south of
Silver Lane, 31st Avenue east of Harding and Wilson Street north of 29th Avenue gather
information for comparison purposes. Harding/Mst and Wilson/29th are single family
• residential areas similar to Fordham Drive. The traffic counts are as follows:
May 23 - May 30 (Memorial Day Weekend
Fordham south of Silver Lane 876 (estimated 438 round trips)
Fordham north of 39th Avenue 1438 (estimated 719 round trips)
Macalaster'south of Silver Lane 573 (estimated 286 round trips)
Macalaster north of 39th Avenue 682 (estimated 341 round trips
31st Avenue east of Harding Street 793 (estimated 396 round trips)
Wilson Street north of 29th Avenue 865 (estimated 432 round trips)
May 30 -June 2
Fordham south of Silver Lane 914 (estimated 457 round trips)
Fordham north of 39th Avenue 1164 (estimated 582 round trips)
Macalaster south of Silver Lane 662 (estimated 331 round trips)
Macalaster north of 39th Avenue 861 (estimated 430 round trips)
31st Avenue east of Harding Street 852 (estimated 426 round trips)
Wilson Street north of 29th Avenue 1514 (estimated 757 round trips)
These new figures from Fordham Drive are similar to the one taken earlier on May 18th.
• The May 18th 24-hour traffic study statistics are:
Fordham south of Silver Lane 281 (estimated 140 round trips)
Fordham north of 39th Avenue 446 (estimated 223 round trips)
According to the Public Works Director and based on traffic information from a 1991
State traffic survey, the traffic range.for streets in residential areas is between 400 and 600
vehicles in a 24-hour period. These figures can translate into approximately an average of
10 trips per single family detached residence during a weekday, according to Robert
Paddock, Transportation Planner for the Metropolitan Council during a recent telephone
conversation. The range of trips generated per day per single family residence is between
4.307 and 21.9 (see attached copy of the Trip Generation published by the Institute of
Transportation.Engineers and provided by Robert Paddock).
Also included in this study was Macalaster Drive, which has many multi-family residences.
Because the residential population of the Macalaster neighbor is more dense, a logical
conclusion might be that this type of neighborhood would generate larger numbers of
vehicle trips. The traffic survey taken indicates that this is not true and corresponds to the
information that I received from the Metropolitan Council.
As reported in my May 24th memo, the traffic count done at Evergreen on May 22nd was
• intended to get a better idea of the traffic generated from this type of development.
Evergreen has 37 units, which is three times more than what is proposed for the Village
Commons project. Traffic counters were placed at the West entrance off of Silver Lane
and at the East entrance also off of Silver Lane. The following counts were taken for the
24-hour period starting on May 22 at 7:55 AM and ending on May 23 at 7:55 AM:
West Entrance — 27 units 279 (estimated 139 round trips)
East Entrance — 10 units 112 (estimated 56 round trips)
Once again the assumption can be made that each vehicle left and came back, so we can
divide these figures in half, giving the number of trips generated. Based on this
assumption, the West entrance units each generated 5 trips per day; the East entrance units
each generated 5.6 trips per day. According to the Metropolitan Council, residential
condominium units can be expected to generate on average 5.857 trips per unit per
weekday. The range for trips generated is between .570 trips per day per unit to 11.786
trips per day per unit depending on the demographics of those living in this kind of
residential dwelling. Mr. Paddock told me that a retirement community could expect to
generate an average of 3.3 trips per unit per workday and other residential condominiums
could generate up to an average of 5 trips per unit per day.
This information from the Met Council is verified by a letter dated June 1, 1995 from Mr.
• Paddock, Transportation Planner and a copy of which is attached.
Metropolitan Council
Working for the Region. Planning for the Future
June 1, 1995
Ms.IGm Skyler
City of St. Anthony
3301 Silver Lake Road
St.Anthony,MN 55418
Dear Ass.Skyler:
In response to our telephone conversation of earlier in.which you were inquiring about trip.generation rates
for various housing types as well as typical traffic flow along roadways,I am following up with a letter and
some additional information.
The rates},ou received from me earlier were taken from the Trip Generation Manual developed by the
Institute of Transportation Engineers(ITE),4th Edition(1987). The ITE updates the manual on a continuing
basis as additional information is collected and analysed In the case of household trip rates,the trip making
characteristics have not changed significantly in the recent past. The number of vehicles owned and the
number of residents per household have a strong correlation to trip malting. The more vehicles and the more
people.there are,the.more trips will be made per dwelling unit. Consequently,the opposite is also true. Age •
plays a role. Trip making per person is less for those of retirement age. Adjustment factors of up to -3.4 are
applied to the typical household rates,depending upon household size and vehicle ownership.
On the average,single family detached housing generates about 10 trips per day. This rate is for the typical
suburban"subdivision'home. In the more established suburbs,such as St.Anthony,the rates would
typically be less. Household sizes are usually lower. Residential density is also higher,which usually results
in lower trip malting. Trip rates might range from 13.0 trips per dwelling unit to 6.6 trips per unit,depending
upon vehicle ownership,family size and housing density.
The ITE Manual includes trip rates for a variety of dwelling types. The rates just mentioned are for typical
detached housing. For apartment units,the usual generation rates is about 6.1 trips per unit. Low rise
apartments come in around 6.6 trips per unit. Residential condominiums are slightly less at 5.9 trips.
Retirement communities show rates even lower at 3.3 per unit. However there are only a few surveys
available for this type of development. Planned unit developments(PUD)show a trip rate of around 7.4 per
dwelling unit. For this type of development the adjustment factors for household size,vehicles available and
unit density can also be factored into the trip rates if the information is known.
I am including a copy of some of the pages taken from the ITE Manual that show typical rates. Most of these
pages I probably already sent to you by FAX If you have any questions or need additional information
please give me call at 291-6340.
Very truly yours,
•
Robert J.Paddock
Transportation Planner
• CITY OF ST. ANTHONY
ORDINANCE 1995-001
AN ORDINANCE RELATING TO LOT COVERAGE, AMENDING
SECTIONS 1615, SUBD. 8; 1616.05, SUBD. 8; AND 1620,
SUBD. 8 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1615, R1 SINGLE FAMILY DISTRICT, 1615.05, Dimensional
Regulations, will be amended to read as follows:
Subd. 8. Lot Coverage. The lot coverage may not exceed 35%.
Section 2. Section 1616, RIA SINGLE FAMILY LAKESHORE, 1616.05,
Dimensional Regulations, will be amended to read as follows:
Subd. 8.,Lot Coverage. The lot coverage may not exceed 35%.
Section 3. Section 1620, TWO FAMILY DISTRICT, 1620.05, Dimensional r
Regulations, will be amended to read as follows:
Subd. 8. Lot Coverage. The lot coverage may not exceed 35%.
Section 4. This ordinance shall be in effect as of the date of its publication.
First Reading: May 23, 1995
Second Reading: June 12, 1995
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on the day of , 1995.
LOT COERAGE SURVEY OF R-1 LOTS. TN THE METRO ARR •
St.Anthony R-1,SFD 30%, inc d/w &s/w 9,000 SF 75' combined 15'
11 000 cnr 90' min 5' one side 30' 25'
ZONING LOT LUT - LUT SETBACKS:
CITY DIST COVERAGE AREA WIDTH SIDEYARD FRONT REAR
Arden Hills R-1 25%, structure only 14,000 SF Minimum 25' 40' 30'
SFD with one side
being 10'
New Brighton R-1, SFD 40%
Mounds View R-1, SFD None; need to meet
setback requirements 11,000 SF 75' 10' each side; 30' or equal to 30'
Fridley R-1, SFD 25%, structure only garage, 5' adjacent structure
Cottage Grove R-1, SFD None; need to meet varies 7.5' 30' 35'
setback requirements
Vadnais Heights R-1, SFD None; need to meet 10,200 SF 85' 25' 25' 25'
setback requirements 40' if on
arterial street
Golden Valley R-1 None; need to meet 10,000 SF The City has no residential lots for development;
SFD setback requirements no other information available.
Robbinsdale R-1 None; need to meet 6,000 SF 50' 5' each side 30' 25% of lot
SFD setback requirements depth
Lauderdale R-1 30%
SFD
Little Canada R-1 None; need to meet 10,000 SF 10' 30' 30'
SFD setback requirements
Mahtomedi R-1C, SFD 25%, structure only 11,900 SF 100' 12' 30' 40'
Low Density corner lot
R-1 D, SFD 25%, structure only 10,400 SF 80' 8' 30' 40'
Low Density
North St. Paul R-1, SFD None; need to meet 6,000 SF 50' 6' and 9' 30' 30'
Low Density setback requirements
Prior Lake R-1, SFD No coverage 12,000 SF
Low Density restrictions
Shoreline SFD 30% 12,000 SF
Shoreview R-1, SFD 40%; lakeshore 30% 10,000 SF 75' Need to check with DNR if changing lakeshore
restrictions.
Richfield R-1, SFD 35%, structure only 7,000 SF
or less
25% or 2,500 SF which more than
ever is greater 7,000 SF
Spring Lake Park R-1 SFD 35% structure only
CITY OF ST. ANTHONY
• ORDINANCE 1995-005
AN ORDINANCE RELATING TO ADULT USES AND SEXUALLY-
ORIENTED BUSINESSES; AMENDING CHAPTER 16 OF THE CITY CODE TO ADD A
NEW SECTION 1670; AMENDING SECTION 1605.01, SUBD. 4, DEFINING
ADULT USES; AMENDING SECTION 1605.01 TO ADD CERTAIN NEW
DEFINITIONS; AND AMENDING SUBSECTION 1635.03(a)
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1605-.01, Subdivision 4 of the City Code is amended to read in full
as follows:
Subd. 4. Adult Uses. The following uses will be deemed adult uses and will have the
following definitions:
(a) Adult Body Painting Studio, An establishment or business which provides the
service of applying paint or other substance, whether transparent or
nontransparent, to or on the body of a patron when such body is wholly or
partially nude.in terms of specified anatomical areas.
• (b) Adult Bookstore. An establishment or business which barters rents or sells
items consisting of printed matter, pictures, slides, records, audio tape,
videotape, or motion picture film and either alone or when combined with adult
motion picture rental or sales and adult novelty sales within the same business
premises has either 10 percent or more of its stock in trade or 10 percent or
more.of its floor area containing items which are distinguished or characterized
by an emphasis on the depiction or description of specified sexual activities or
specified anatomical areas.
(c) Adult Cabaret. An establishment or business which provides dancing or other
live entertainment, if such dancing or other live entertainment is distinguished
or characterized by an emphasis on the presentation, display, depiction or
description of specified sexual activities or specified anatomical areas.
(d) Adult Companionship Establishment An establishment or business which
provides the service of engaging in or listening to conversation, talk or
discussion between an employee of the establishment and a customer, if such
service is distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas.
• (e). Adult Conversation/Rap Parlor. An establishment or business which provides
the service of engaging in or listening to conversation, talk, or discussion, if
Ordinance 1995-005
Page 2
such service is distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas.
(f) Adult Health/Sport Club. An establishment or business which excludes minors
by reason of age and is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
(g) Adult Hotel or Motel. A hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
(h) Adult Mini-Motion Picture Theater. A building or portion of a building with a
capacity for less than 50 persons used for presenting material distinguished or
characterized by an emphasis on specified sexual activities or specified
anatomical areas for observation by patrons therein.
(i) Adult Modeling Studio. An establishment or business which provides to
• customers, figure models who engage in specified sexual activities or display
specified anatomical areas while being observed, painted, painted upon,
sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
(j) Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or
mechanically controlled or operated still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to five or
fewer persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
(k) Adult Motion Picture Rental or Sales. An establishment or business which
barters, rents or sells videotapes or motion picture film and*either alone or
when combined with adult bookstore or adult novelty sales within the same
business premises has either 10 percent or more of its stock in trade or 10
percent or more of its floor area containing items which are distinguished or
characterized by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas.
(1) Adult Motion Picture Theater. A building or portion of a building with a
capacity of 50 or more persons used for presenting material distinguished or
Ordinance 1995-005
Page 3
characterized by an emphasis on specified sexual activities or specified
anatomical areas for observation by patrons therein.
(m) Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation
and either alone or when combined with adult bookstore and adult motion
picture rental or sales has either 10 percent or more of its stock in.trade or 10
percent or more of its floor area containing such items and other items which
are distinguished or characterized by an emphasis on the depiction or
description of specified sexual activities or specified anatomical.areas.
(n) Adult Sauna/Bathhouse/Steam Room. An establishment or business which
excludes minors by reason of age and which provides a steam bath or heat
bathing room if the service provided by the sauna is distinguished or
characterized.by an emphasis on specified sexual activities or specified
anatomical areas.
Section 2. Section 1605.01 of the City Code is hereby amended to add the following
new subdivisions:
•
Subd. 87. Sexually-Oriented Businesses. Adult bookstores,- adult motion picture
theaters, adult motion picture rental, adult mini-motion picture theaters, adult steam
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels,
and adult body painting studios as defined in Section 1605.01, Subdivision 4. In
addition, all other premises, enterprises, establishments, businesses or places at or in
which there is an emphasis on the presentation, display, depiction or description of
specified sexual activity or specified anatomical areas which are capable of being seen
by members of the public. The term "Sexually-oriented shall not be
construed to include, (i) schools or professional offices of licensed physicians,
chiropractors, psychologists, physical therapists, teachers or similar licensed
professionals performing functions authorized under.the licenses held, (ii)
establishments or businesses operated by or employing licensed cosmetologists or
barbers performing functions authorized under licenses held, or (iii) the sale of
clothing.
Subd. 88. Specified Anatomical Areas. (i) less than completely and opaquely covered
human genitals, pubic region, buttock, anus, or female breast(s) below a point
immediately above the top of the areola; or, (ii) human male genitals in a discernible
turgid state, even if completely and opaquely covered.
Ordinance 1995-005
Page 4
Subd. 89. Specified Sexual Activities. (i) actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical.stimulation
of unclothed genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship, and any of the
following sexually-oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or (ii) clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or, (iii) use of human or animal ejaculation,
sodomy, oral.copulation, coitus, or masturbation; or, (iv) fondling or touching of nude
human genitals, pubic region, buttock, or female breast(s); or, (v)-situations involving
a person or persons, any of whom are nude, clad in undergarments or in sexually
revealing costumes, and who are engaged in activities involving the flagellation,
torture, fettering, binding or other physical restraint of any such persons; or, (vi) erotic
or lewd touching,_fondling_or other_sexually-oriented_.contact with-an animal-by-a- -
human being; or, (vii) human excretion, urination, menstruation, vaginal or anal
irrigation.
Section 3. Chapter 16 of the City Code is hereby amended to add a new Section 1670
to read as follows: •
SECTION 1670 - SEXUALLY-ORIENTED BUSINESSES
1670.01 Council Findings. The City Council has reviewed various reports regarding sexually-
oriented businesses and has considered studies done in other cities, ordinances of other cities,
court cases regarding sexually-oriented'businesses; and other materials pertaining to adult uses
and sexually-oriented businesses. In particular, the Council has reviewed materials related to
the adverse secondary characteristics related to adult uses and sexually-oriented businesses.
The Council has reviewed evidence taken from the City of Minneapolis, where studies have
shown a strong correlation between sexually-explicit businesses and increased crime rates, and
from the City of St. Paul, where studies have suggested such a correlation as well as a possible
correlation between sexually-oriented businesses and depressed property values. The City
Council has also relied upon evidence taken from reported court cases involving other
municipalities which are smaller suburban cities in Minnesota and in other states. The City
Council believes that the experiences of the cities of Minneapolis and St. Paul are relevant to
the City of St. Anthony because of their close proximity, and that the smaller cities involved in
cases from Minnesota and other states are similar in their position as relatively small suburbs
to major metropolitan areas.
After careful consideration of these materials and other materials, including the Report of the
Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses
(Minnesota Attorney General's Office, June 6, 1989), and in order to prevent the problems
that cities around the nation have encountered with the unregulated location of adult uses and
Ordinance 1995-005
Page 5
sexually-oriented businesses in their communities, the St. Anthony City Council has arrived at
the following findings and conclusions:
(a) The Council finds that sexually-oriented businesses have adverse secondary
characteristics, particularly when they may be accessible to minors or are
located near residential properties or schools, churches, temples, synagogues,
day care centers, libraries, recreational areas and parks, and such businesses can
exert a dehumanizing influence on persons attending or using such properties.
(b) Sexually-oriented businesses can contribute to an increase in criminal activity in
the area in which such businesses are located.
(c) Sexually-oriented businesses can significantly contribute to the deterioration of
residential neighborhoods and can impair the character and quality of the
residential housing in the area in which such businesses are located, thereby
exacerbating the shortage of affordable and habitable housing for City residents.
(d) The concentration of sexually-oriented businesses in one area can have a
substantially detrimental effect on the area in which such businesses are
concentrated and on the overall quality of urban life. A cycle of decay can
result from the influx and concentration of sexually-oriented businesses. The
presence of such businesses is perceived by others as an indication that the area
is deteriorating and the result can be very detrimental. In many cases other
businesses move out of the.vicinity and residents flee from the area. Declining
real estate values, which can result from the concentration of such businesses,
erode the City's tax base and contribute to overall urban blight.
(e) The regulation of the location and operation of sexually-oriented businesses is
warranted to prevent the adverse secondary effects of such businesses on the
City's crime rate, its retail trade, its property values, and in general the quality
of the City's neighborhoods, commercial and industrial districts, and urban life.
1670 Standards for Sexually-Oriented Businesses. The following standards shall apply to all
sexually-oriented businesses in any district or location within the City of St. Anthony:
(a) No sexually-oriented business shall be located closer than 400 feet from any
other sexually-oriented business, or closer than 400 feet from any day-care
facility, church, temple, synagogue, school, library, or publicly-owned park,
playground or other recreational facilities, or any facility selling intoxicating
liquor, as defined in Minn. Stat. § 340A.101. Measurements shall be made in a
Ordinance 1995-005
Page 6
straight line, without regard to intervening structures or objecs, from the nearest
point of the actual premises of the sexually-oriented business_or other facility.
(b) No sexually-oriented business shall be located closer than 400 feet from any
property in the R-1, R-1 A, R-2, R-3, R-4, R/O, or PUD District, or any
residentially zoned property in any city adjoining the City. Measurements shall
be made in a straight line, without regard to intervening structures or objects,
from the nearest point of the actual business premises of the sexually-oriented
business to the nearest boundary of the other district.
(c) No sexually-oriented business shall be located outside the Commercial District.
Section 4. Subsection (a) of Section 1635.03 of the City Code is amended to read in
full as follows:
(a) Sexually-oriented businesses which comply with the requirements of Section
1670.
Section 5. This ordinance shall be in effect as of the date of its publication.
First Reading: May 23, 1995
Second Reading: June 12, 1995
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on the day of ,
1995.