HomeMy WebLinkAboutCC PACKET 12121989 Meeting Sheet
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Polder: CC PACKETS 1987-1989
Document: CC PACKET 12121989
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
DECEMBER 12, 1989
7:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II . ROLL CALL.
III. APPROVAL OF NOVEMBER 28 , 1989 COUNCIL MEETING MINUTES.
IV. LICENSES/PERMITS/PETITIONS.
V. PRESENTATION OF CLAIMS. -
A. Hance & LeVahn - $2,400.00.
B. Modern Office - $2,114. 50.
C. Rehrig Pacific Company - $13,000.00.
VI. REPORTS.
A. City Council.
B. Departments and Committees.
• 1. Hance & LeVahn, Ltd. , re: Matters conducted at the
Hennepin County District Court up to and including
November 15, 1989.
C. Request from LaNel Financial Group,
VII. PUBLIC HEARINGS.
VIII. NEW BUSINESS.
A. Resolution 89-031, re: Road maintenance agreement with
Ramsey County.
B. Bid for Ordinance Recodification.
IX. UNFINISHED BUSINESS.
X. ADJOURNMENT.
•
e1
1 CITY OF ST. ANTHONY
2 CITY COUNCIL MEETING I4I14UTES
3
4 NOVF14BER 28 , 1989
5
6
7 CALL TO ORDER/PLEDGE OF ALLFGIANCF
8
9 The meeting was called to order at 7 : 36 p.m. by Mayor Pro
10 Tem Ranallo, who led the Pledge of Allegiance .
11
.12
13 ROLL CALL
14
15 Present : Enrooth . Makowske , Marks , Ranallo
16 Absent : Mavor Sundland
17 Also Present : Thomas Burt. City Manager
18 Bill Soth ; City Attorney
1.9 Ted Brownell , Planning_ Commissioner
20
21 Mavor Pro Tem Ranallo announced to those gathered for the
22 public hearing that , although notice was published in the
23 November 20th edition of the Minneapolis Star and Tribune ,
24 it was erroneously published in the Variety section rather
25 than in the Community section. The notice therefore has
26 been republished and the formal hearing will be held as part
27 of the December 12th Citv Council meeting. He invited . those
28 present to narticinate in an informal discussion of the
29 issues , stating that their comments would be duly recorded
30 for the December 12th meeting in the event they were unable
31 to attend that meeting.
32
33
34 APPROVAL OF NOVEMBER 14 , 1989 COUNCIL MINUTES
35
36 Motion by Marks , seconded by Makowske , to approve the
37 minutes of the November 14 , 1989 City Council minutes with
38 the following corrections :
39
40 Page 1 , line 16 : Add "Don Hickerson, Police Chief . "
41
42 Page 2 , line 39 : Add "and liquor operations" after
43 "statements . "
44
45 Page 3 , lines 22 through 24 : Delete the sentence "She
46 noted . . . on the agenda . " Replace with :
47 "She had intended to bring up a discussion
48 of the St . Anthony bus service but the
49 subject was not on the agenda . "
50
2 • i
1 Page 6 , line 38 : Change "Kathlyn Sevich" to "Kathlyne
2 Sevick . "
3
4 Page 6 , line 44 ; page 6 , line 47 ; page 7 , line 1 ; page 7 ,
5 line 5; page 7 , line 14; page 7 , line 21 , page 7 , line 31 :
6 Change "Sevich" to "Sevick . "
7
o" Page 7 ; line 23 : Change "previously attacked" to
9 "subsequently startled . "
10
11 Page 7 , line 41 ; page 8 , line 12 : Change "Dickerson" to
12 "Hickerson . "
13
14 Page 7 , line 49 : Change "Koanismark" to "Koeniasnark . "
15
16 Motion carried unanimously.
17
18
19 LI(7FNSFS/PERMITS/PETITIONS
20
21 Motion b_v Marks . Fec )nded 'bv Fnrooth , to approve the
22 licenses for the following contractors :
23
24 Contractors :
25 Preferred Homes by Stanley, St. . Paul ;' MN
26 General Sprinkler Corp. , St . Paul , MN
27 FFH Co. , Burnsville, MAT
28
29 Heating:
30 J. K. Heating Co . , St . Paul , MN
31
32 Motion carried unanimously.
33
34-
35 CLAIMS
36
37 Motion by Marks , seconded by Makowske , .to approve payment of
38 the verified claims .
39
40 Motion carried unanimously.
41
42 Motion by Makowske, seconded by Enrooth, to approve
.43 quarterly payment of $15, 782 . 25 to the League. of Minnesota
44 Cities Insurance Trust .
45
46 Motion carried unanimously .
47
48 Motion by Marks , seconded by Enrooth, to approve payment of
49 $1 , 958 . 94 to Brad Ragan , Inc . for tires . •
50
® 3
1 Motion carried unanimously.
2
3 Motion by Enrooth , seconded by Makowske , to approve payment
4 of $19, 627 . 86 to Metropolitan Waste Control Commission for
5 December sewer service charges .
6
7 Motion carried unanimously.
8
9 Motion by Marks , seconded by Ranallo, to approve payment of
10 $150 , 000 to Ramsey County in reimbursement of funds received
11 for temporary filtration plant .
12
13 Motion carried unanimously.
14
15
16 REPORTS
17
18 PLANNING COMMISSION - NOVEMBER 21 , 1989
19
20 Mayor Pro Tem Ranallo introduced Commissioner Ted Brownell ,
21 representing the Planning Commission. Commissioner Brownell
22 announced that Commissioner. Steve London had resigned the
• 23 Planning Commission, and that Chairman Madden had expressed ,
24 on behalf of the entire Commission, his thanks for London ' s
25 vears of service and his wishes for London ' s success in his
26 future endeavors .
27
28 Commissioner Brownell reported that the Planning Commission
29 had received two sign variance requests , the first of which
30 was by Stan Carlson . owner of Rosie ' s Restaurant located at
31 2905 Kenzie Terrace . Stan Carlson of Rosie ' s Restaurant and
32 Michael McKee of McKee Sign Service were present . The
33 request was for a second sign approximately 30 square feet
34 in size which would be mounted on the parapet on the top of
35 the roof of the building . This second sign would be
36 identical to the first sign allowed by the sign ordinance .
37
38 Brownell indicated that the Planning Commission recommended
39 approval of the request, noting that the two signs would
40 total 60 square feet , well under the 110 square feet allowed
41 by the sign ordinance; that the request met the three
42 requirements of the Minnesota statutes; that the location is
43 unique because the building fronts on two thoroughfares and
44 because the building is situated at an angle on the
45 property; and -that no one spoke against the variance
46 request .
47
48 The Planning Commission also recommended that all other sign
• 49 variances granted to this property be cancelled upon the
50 authorization of the' pending request; that the variance
- 4
1 approval be valid for a period of 90 days ; and that approval
2 of the pending request not be transferable to future tenants
3 of that property.
A
5 Council Member Marks asked that his memory be refreshed
6 regarding sign variance approvals in the past year and a
7 half for this property. Commissioner Brownell replied that ,
8 although variance requests for a roof sign and a pylon sign
9 had been approved for the property ' s previous owner, those
10 signs and all other signage has been removed from the
11 property with the exception of the Rosie ' s Restaurant
12 temporary sign. Commissioner Brownell explained that the
13 recommendation of the Planning Commission- encompasses the
14 cancellation of previous sign variance approvals for the
15 restaurant property.
16
17 Motion by Ranallo, seconded by Marks , to approve the
18 variance request by Rosie ' s Restaurant in accordance wit'-
1.9 the recommendations of the Plannina Commission .
20
21 Motion carried unanimously .
22
23 Commissioner Brownell introduced the second sign varianc=
24 request by LaNel Financial Group, Inc . LaNel had asked that
25 they be permitted to install directional signs at Autumn
26 Woods larger than allowed by ordinance . Brownell report--,I
27 that the Planning Commission voted to table the request
28 pending presentation of additional information regarding the
29 layout and description of each directional sign and a
30 diagram of the monument sign to be placed at the mains ._
31 entrance . Paul Brewer of LaNel had agreed to provide slick
32 information at the December 1989 Planning Commission
33 meeting . No action required by City Council regarding this
34 request .
35
36
37 TAXATION/REFUSE
38
39 Mayor Pro Tem Ranallo introduced City Manager Tom Burt an(,
40 asked him to explain the pending taxation issue , and invited
41. questions from the public .
42
43 City Manager Burt explained that the state legislature vott&d
44 to shift local government aid, which is comprised of stake
45 income tax and sales tax. He stated that St . Anthony has
46 been dependent upon local government aid to the extent of
47 approximately $228 , 000 per year in the past , which is not
48 large compared to other communities . Local government aid
49 will now be shifted to the school districts in anticipation •
50 that the State will fully fund school districts in the
e5
1 future . Taxes will vo up $19 on an average-priced
2 St. Anthony home ($88 , 000) , resulting in a 1990 property tax
3 liability of $180 versus $161 . Taxes would have decreased
4 $24 , to $137 , had the local government aid not been shifted
5 to school districts . In order to recover the money lost in
6 local government aid and to cover the cost of living
7 increases , St . Anthony proposes a tax increase of 11 . 8%, 3%
8 of which is to cover the cost of living, which is currently
9 estimated to be 4-1/2% .
10
11 Norman Lucas of 2800 32nd Avenue Northeast asked for
12 clarification of the 11 . 8% property tax increase described
13 in the public notice . City Manager Burt explained that the
14 total tax bill is split between the school district , the
15 county, the city, and special districts (such as watershed
16 and mosquito control) . The City receives about 17 to 20
17 cents of each tax dollar, the school district 60 cents , and
18 the county receives the remainder . An increase of 11 . 8% is
19 to be imposed by the City only on the 17 cents of every
20 dollar that the Citv currently receives . Mayor Fro Tem
21 Ranallo noted that each taxing entity (i . e . , the county and
22 the school district) holds its own public hearing. City
• 23 Manager Burt indicated that the 1990 school district budget
24 is decreasing by $1 . 8 million and that the 1990 county
25 budget will increase .
26
27 Jerry Sheen , owner of St . Anthony Lanes , expressed his
28 concern regarding the impact on business owners of the net
29 total increase in taxes by all government branches . City
30 Manager Burt explained that the City ' s percentage increase
31 applies equally to all property, whether commercial or
32 private . Mayor Pro Tem Ranallo reminded the citizens that
33 the Council and City Manager are only able to answer
34 questions regarding the City' s budget .
35
36 Norman Lucas raised the issue of recycling. Mayor Pro Tem
37 Ranallo stated that the City would provide one free
38 recycling container to each household , and that they would
39 be available at City Hall December 1 and 2 . Each bin costs
40 $5 . 20 , and Hennepin County has covered $5 of the cost and
41 the City is covering the other 20 cents . Negotiations are
42 underway to obtain similar financing from Ramsey County.
43 Additional bins will be available for purchase after the
44 first of the new year . Council Member Enrooth explained
45 that papers , glass , and cans can be sorted into grocery bags
46 and then all three items can be placed in the one recycling
47 bin.
48
49 Norman Lucas pointed out that Waste Management plans to
50 charge $2 . 50 per month to pick up recycling. Mayor Pro Tem
6 i
1 Ranallo indicated that the Citv had received many calls
2 regarding Waste Management ' s rate schedule . Council Member.
. 3 Enrooth stated that the City Council became aware of Waste
4 Management ' s charge for recycling pickup at the same time
5 that Waste Management sent notice to its customers . He
6 pointed out that other haulers service the St . Anthony area
7 at competitive rates and do not charge to pick up recycling.
8
9 Norman Lucas then asked what provision had been made for
10 disposal of leaves and grass clippings . Council Member
11 Enrooth responded that at the present time several compost
12 centers operate in the metropolitan area, and that the
13 closest to St . Anthony is located at Lake Johanna . He noted
14 that as landfill space becomes more scarce haulers are
15 charged higher dumping rates , ani that the new Hennepin
16 County trash incinerator is not intended to burn leaves and
17 grass . Mayor Pro Tem Ranallo advised the citizens that the
18 Citv will devise a plan for disposal of leaves and grass
19 before spring . He indicated that. the City will continue to
20 keep its salvage/recycling yard open as long as the need is
21 apparent .
22 •23
24 CITY COUNCIL
25
26 Council Member Makowske reported that she attended the
27 Ramsey County League of Local Governments Legislative
28 Committee meeting and was asked to draft a resolution
29 regarding the DARE drug program for presentation to the
30 state legislature . She also attended the school community
31 forum, and made materials available to interested Council
32 members .
33
34_ Council Member Enrooth reported that he will attend a
35 meeting dealing with youth in the Apache area and will
36 follow up with information to the Council .
37
38 Council Member Marks noted that he also had received many
39 calls regarding Waste Management ' s rate schedule . He
40 expressed regret that , although the City thought they had
41 designed a system to encourage recycling, Waste Management ' s
42 response was counterproductive .
43 Council Member Marks reported that he had met with
44 representatives of the school district regarding disorderly
45 and illegal behavior by youths in the Apache area .
46
47 Mayor Pro Tem Ranallo reported that he visited with Mayor
48 Sundland and ,was encouraged by his recovery progress . Mayors
49Sundland expressed his gratitude to the City Council for
50. filling in for him in his absence .
e7
1 Mayor Pro Tem Ranallo stated that he and City
2 Manager Burt have arranged a meeting with some members of
3 the school board to re-establish the good relationship
4 instituted by Mayor Sundland . A major tonic of discussion
5 will be the taxation issue .
6 Mayor Pro Tem Ranallo reported that the Village
7 Fest meeting will be held December 11 , and that at .that time
8 he will present by-laws provided him by Bill. Soth . Election
9 of the Village Fest board of directors will be held in
10 January 1990 .
11
12
13 DEPARTMENTS AND COMMITTEES
14
15 Hance & LeVahn , Ltd . , re : 14atters conducted at the Hennepin
16 Countv District Court up to and including Noverber 1 , 19899 -
17 The report was filed . Council Member Marks remarked that
18 the number of complaints filed by peace officers seems to be
19 increasing. He also noted that, of those arrested for
20 drunken behavior, the blood alcohol contents reported were
21 extremely high in manv cases .
• 22 - - -
23
24 NEW BUSINESS
25
26 BARRING DOG ON CROFT DRIVE
27
28 Mayor Pro Tem Ranallo introduced a non-agenda item regarding
29 a harking dog complaint . Phil Oswald of 3204 Croft Drive
30 spoke in' his own defense regarding complaints of Bernhard
31 Preussner, 3209 Skycroft Drive, alleging that his dog is a
32 nuisance .
33
34 Mr . Oswald stated that while he was in the proc-ess of
35 building an outdoor kennel for their dog his dog was left
36 outside and did bark, but that he and his wife were not
37 aware that the dog was barking because they were at work .
38 Mr. Oswald related that he had arrived home from work one
39 day to discover Mr . Preussner yelling at the dog to be
40 quiet . Mr . Preussner yelled at Mr . Oswald on two occasions
41 on that same day regarding the dog, swore at him once, and
42 threatened to silence the dog with a shotgun once .
43
44 Mr. Oswald stated that his dog has been kept in the garage
45 since the incident with the exception of one day when the
46_ door between the garage and the outside kennel was
47 inadvertently left open . On that day the dog barked, Mr.
• 48 Preussner complained to the police, and Mr . Oswald was sent
49 an official notice as a result . Mr. Oswald stated that Mr .
50 Preussner also called the police on Saturday when a stray
8
•
1 dog roaming the neighborhood agitated the neighborhood dogs .
3 Mr . Oswald stated that St . Anthony is a friendly, family
4 neighborhood where many people have dogs , and that a dog is
5 not a nuisance unless it barks all day long and all the
6 time . He pointed out that theirs is not the only
7 neighborhood dog that barks and that they are being unfairly
8 singled out by Mr. Preussner. Mr . Oswald expressed his
9 embarrassment at being called on by the police at a time
10 when they happened to have company . Mr . Oswald stated that
11 if Mr . Preussner had tried to talk to him civilly they might
12 have come to terms regarding the dog. He alleged that Mr.
13 ?reussner behaves is a threatening manner and and will not
14 communicate reasonably .
15
16 ',•tr . Oswald told the Council that Mr . Preussner had
17 distributed flyers to the neighborhood but did not deliver
18 one to them. He stated that Mr . Preussner ' s behavior
19 frightens them and makes Mr . Oswald angry . He fears that
20 Mr . Preussner will shoot their dog or shoot randomly at
21 their house . Mr . Oswald asked for assurances from Mr .
22 ?reussner that lie will not point a shotgun in their
23 direction, that he will stop calling the police on the
24 Oswalds whenever he hears a dog barking, and that he will •
25 leave the Oswalds alone .
26
27 mayor Pro Tem Ranallo then invited Mr . Preussner to address
28 the Council , but cautioned the parties that the City Council
29 is not a .judi.cial body and could not entertain lengthy
30 arguments in an attempt to settle the issue at the meeting.
31_ He informed the parties that , if they were unable to settle
32 the issue between themselves , the City Manager would assist
33 them at a later date or that mediation might be necessary .
3d_
35 Mr . Preussner asked Mr . Oswald whether his doa is licensed,
36 and Mr . Oswald replied that it is . Mr. Preussner informed
37 the Council that he had examined the record of dogs licensed
38 and failed to discover Mr . Oswald ' s dog on the list .
39
40 Mr . Preussner then stated that only about 100 dogs are
41 licensed in the City, that the City takes in roughly $450
42 per year in dog licenses , but that the dogcatcher costs the
43 City $2, 500 per year . He expressed the opinion that it is
4d_ unfair to the residents of St . Anthony who do not own dogs
45 to bear the majority of the cost of the dogcatcher . Mr .
46 Oswald informed the Council that since the last meeting at
4.7 which he appeared he has received 17 calls regarding the dog
48 issue, that one of the callers called him a name although
49 the other 16 ,were supportive , and that only one caller from
50 Rankin Road identified himself .
Q
3 RESIDENT REQUEST FOR MORE THAN TWO DOGS IT; HIS HOME .AT 3209
r 36th AVENUEr14ORTHEAST
6 Mayor Pro Tem Ranallo called on Richard Bartel and Duane
Hodges to address the City Council . Mr . Bartel stated that
he and Mr . Hodges are new residents of St . Anthony and wish
to obtain a variance to have three dogs at their property .
10 The dogs are a golden retriever he has owned for five a and
11 a half years , a spaniel mix he has owned for three years ;
1- 2 and a labrador puppy. The dogs were described as indoor
13 dogs who are never outside without supervision . Mr.
14 Bartels stated that the dogs ' barking is controlled and that
15 their waste is picked up regularly. He offered to the
16 Council letters from two of his previous neighbors
=7 expressing their satisfaction with Mr . Bartels ' s responsible
1. 3 dog ownership.
, 9
70 City Manager Burt noted that one of the neighbors who
21 orignally registered a negative comment with the City
22 regarding the variance has changed their opinion to a
• 23 positive one .
25 Council Member Enrooth asked for clarification of the dog
- 26 ordinance . City Attorney Bill Soth stated that the request
77 is not' actually a variance but that it is an approval . He
28 further stated that , although the ordinance does. not give
29 guidelines for approval , the Council should consider the
30 dogs ' home and neighborhood environment before giving- its
31 approval . Mayor Pro Tem Ranallo quoted from the ordinance;
32 Section 1015-05, "Keeping of Certain Animals , " for the
33 benefit of the Council members and the citizens . The
34 ordinance includes a clause whereby the Council is entitled
35 to obtain a report from a public health officer prior to
36 giving its approval . Council Member Enrooth asked whether
37 approval could be withdrawn once it was given , and Mr . Soth
38 replied affirmatively.
'9
40 Council Member Makowske asked Mr . Bartel to describe the
41 sizes of the dogs in question . Mr . Bartels replied that the
42 golden retriever is approximately 85 pounds , the spaniel mix
43 is approximately 80 pounds , and the labrador is a puppy but
4-4 might reach 80 or 85 pounds in size . Council Member Marks
45 asked whether the breeds of dogs owned by Bartel and Hodges
46 were fairly tame dogs . Mr. Bartel replied that the dogs are
47 not guard or attack dogs .
^8
49 Council Member Makowske stated that one of the neighbors who
50 disapproved of three dogs in the home had expressed the
10 •
1 concern that three dogs in the house might result in
2 deterioration of the real estate. Mr . Hodges objected to
3 that conclusion, and stated that their previous home in
4 St . Paul was maintained well and sold for a profit and that
5 thev intend to maintain and improve their property in
6 St . Anthony. Mayor Pro Tem Ranallo reminded the Council
7 that they have the right to a report by a public health
8 officer. Council Member Enrooth added that , should a
9 problem develop, approval could be withdrawn .
10
11 Council Member Ma'{owske asked at what time the neighbors '
12 comments were solicited, and was informed that the comments
13 were received near the end of October, shortly after Hodges
14 and Bartel moved 'in. Mr . Hodges stated that two of their
15 neighbors exnr. essly welcomed them and their dogs to the
16 neighborhood when they moved in . He commented that he and
17 Mr . Bartel investigated the issue with the City immediately
18 upon moving to the neighborhood in an effort to cooperate
19 with community requirements .
20
21 Motion by Marks , seconded by Enrooth , to approve three dogs
22 in the home at 3219 36th Avenue Northeast subject to the
23 condition that the dog ordinance is not violated and the •
24 dogs become a nuisance .
25
.26 Council Member Makowske stated that she originally -intended
27 to vote in favor of approval but would- vote against it
28 because the majority of neighbors (five out of nine) who had
29 expressed an opinion expressed opposition to three dogs in
30 the household , although she recognized and appreciate3 '
31 Hodges ' s and Bartel ' s cooperation .
32
33 Aye : Enrooth, Marks , Ranallo .
34 ?day: Makowske .
35
36 Motion carried
37
38 Bernhard Pr.eussner asked what the penalty is for an
39 unlicensed dog, and Mr . Soth replied that as a misdemeanor
40 it carries a penalty of up to 90 days in jail or a $700
41 'fine .
42
43 Council Member Marks commented that at the last Council
44 meeting a statement was made concerning the large number. of
45 unlicensed dogs in St. Anthony but that. he personally is
46 unaware of sucha situation . Mr . P.reussner stated that he
47 estimates there are at least 500 dogs in St . Anthony but
48 that fewer than 100 are actually licensed . Mayor Pro Tem
49 Ranallo remarked that at the last Council meeting it was •
50 decided that the dog ordinance should be studied . He asked
11
I Mr . Soth for clarification of the dog licensing fee
2 structure . Mr. Soth stated that the fee charged for a dog
3 license is meant to cover the only the administrative cost
4 of the transaction and is not meant to be a profitable
5 enterprise .
6
7
8 ROAD SEALCOATING EOUIPMENT .BIDS
9
10 Motion by Marks , seconded by Enrooth , to accept the bids
11 according to the staff recommendations .
12
13 Motion carried unanimously.
14
15
16 RESOLUTION 89-029 , RE: HFNNEPIN COUNTY ASSESSI?JG SERVICES
17 FOR 1991 , 1992, 1993 , AND 1994
18
19 Council Member Fnrooth stated that since the agreement does
20 not expire until July 31 ; 1990 , he would like to delay
21 action until he has a chance to meet with representatives of
• 22 Hennepin County and report back to the City Council .
23
24 Motion by Enrooth , seconded by Makowske , to table .
25
26 Motion carried .
27
28
29 INSTITUTIONAL FEE ON THE LEAGUE OF MINNESOTA CITIES
30 INSURA14C.E TRUST
31
32 Mavor Pro Tem Ranallo noted that a letter was received by
33 St . Anthony from the president of the League asking for
34 St . Anthony ' s support of the fee . He commented that he
35 would be in favor of sending a letter to the League
36 supporting the fee rather than passing a resolution.
37
38 Motion by Makowske , seconded by Marks , to send a letter to
39 League of Minnesota Cities Insurance Trust in support of the
40 1 . 5% institutional fee to fund League projects .
Al
42 In response to a question by Council Member Enrooth , Mayor
43 Pro Tem Ranallo described the background of the I,MCIT, and
44 stated that the League of Minnesota Cities began a fund to
45 obtain an insurance program to which its members could
46 subscribe at a time when many communities found it difficult
A-7 if not impossible to obtain insurance at reasonable cost .
48 He stated that the City' s experience with that insurance
49 program has been excellent . The League is asking for an
50 institutional fee rather than charging a larger membership
12 i
1 fee in order to fund League projects , in the same way that
2 the insurance project was funded .
3
4 Council Member Enrooth commented that if the Council. were to
5 make a recommendation , he would prefer that it be one that
6 would have. positive impact on the City of St . Anthony, such
7 as one that would result in a reduction of the dues that
8 St . Anthony pays to LMCIT. Mavor Pro Tem Ranallo replied
9 that the City could, rather, take advantage of LMCIT
10 projects . The projects currently to be funded by the fee
11 include a computerized tax model to provide information to
1.2 member cities about taxation throughout the state and
13 country; and a personnel program including wage, and salary
14 surveys .
15
16
17 ldotion carried unanimously .
18
19
20 ADJOURNMENT
21.
22 ?lotion by Marks , seconded by Enrooth , to adjourn the meeting •
23 at 9 : 06 p.m.
24
25 Motion carried >>nanimously.
26 r
27
28
29 Respectfully submitted ,
30 &LAO
31.
32 Doris Hoskin
33 Council Secretary
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LAWOFFICES STATEMENT OF ACCOUNT
HANCE & LEVAHN
10SAINT ANTHONY NATIONAL BANK BUILDING,SUITE 200 DATE:
December 1, 1989
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS,MINNESOTA 55418
Ms. Sue VanderHeyden PLEASE DETACH AND RETURN THIS
City Administrator PORTION WITH YOUR REMITTANCE.
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418 (14) a AMOUNT REMITTED $
RE: Village Prosecutions
--------------------------------------------
DATE DESCRIPTION • $ 41800.00
11-16-89 PAYMENTS Received $2,400.00 2,400.00 CR
CREDITS & ACCOUNT ADJUSTMENTS
UNPAID PREVIOUS BALANCE .00
FINANCE CHARGE
PROFESSIONAL SERVICES 2,400.00
Legal services rendered for the month of
December, 1989, relative to St. Anthony prosecutions.
CURRENT FEES
$ ��—
MINIMUM PAYMENT DUE $
i
Accounts due upon presentment of statement.A FINANCE CHARGE ata periodic rate of 1-1/3%per month,equaling an ANNUAL
PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than $1.00, with a minimum FINANCE
CHARGE of$0.50.The FINANCE.CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for
that billing cycle was not paid in full within 30 days.
NOTICE: See reverse side for important information. HANCE & LEVAHN
ORDER F 0 on ,
INVO!CE NUMBER
7545 Golden Triangle Drive, Eden Prairie, MN 55344-3737
i a 5� _7170-00
(612)941-2837 FAX (612)9415794 FED. I.D. 86-0276299, /
OFFICE & COMPUTER FURNITURE AT DISCOUNT PRICES
BO/
SOLD CUST # 55SK1 SHIP PAGE : 1
TO ST . ANTHONY FIRE DEPT . TO PICKED UP
2900 KENZIE TERRACE
ST,. ANTHONY MN 55418 MINNEAPOLIS MN 55401
ATTN : ACCOUNTS PAYABLE ATTN :
Invoke Date Customer Order No. Terms Ship Via:
11/16/89 2380 NET 30 S/P PPD & ADD PICKED UP
QUANTITY IMODEL NO. DESCRIPTION QTY. B/O I UNIT PRICE- ITOTALPRICE
5 65186 18"X72" FOLDING TABLE 0 49.95 249 . 75
5 65188 18"X96" FOLDING TABLE 0 57 . 95 289 . 75
30 3063Z STACKING ARM CHAIR 0 52 . 50 1575 . 00
MUSHROOM
INVOICE TOTAL : 2114 . 50
INVOICE DATE PAGE
ie1�rJ,� a i Ic oinran� I
ERIE,PA 16553 �
P.O.BOX 8495
1738 West 20th Street �' v Erie, PA 16502 101 -89 1
(814) 455-8023 i
SHIP DATE PERIOD INVOICE NUMBER
I
11-30-89 08 9593E
CUSTOMER NUMBER CUSTOMER NUMBER
031 -8168 031 -8168 i
SOLD TO SHIP TO
SAINT ANTHONY, CITY OF SAINT AN"PHONY, CITY OF
3301 SILVER LAKE ROA[ PUCL.IC WORKS GARAGE INVOICE
SAINT ANTHONY MN 55418 • 801 CHANDLER DR.I'v'E
ATTN : ACCOUNTS PAYABLUSUE V . SAINT ANTHONY MN 55418
FGF : ERIE
SHIP VIA : DART—PREPAID
NET
p �}r7 fir_
CUSTOMER ORDER NUMBER • . TE44S SALES O 60'NUMBER
QUANTITY ITEM PRODUCT NUMBER UNIT UNIT PRICE EXT.PRICE SHIP DATE TAXABLE
DESCRIPTION
0001 RB-18 PEPSI EA 512000 NO
18 GAL SINGLE TUB RECYCLE ERIN
21500 0001 ; , 0001 CIO I 1 — ire—.8
>r TOTAL ► + ty tl04 . 00
TERMS : NET 30 DAYS
ORIGINAL
LAW OFFICES
HANCE FB LE VAH N, LTD.
FIRSTAR 5T.ANTHONY BANK BUILDING, SUITE 200
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS, MINNESOTA 55418
TELEPHON E:(612) 761-48SB
EDWARD J. HANCE • FACSIMILE:(612) 781-4858 EXT.210
LEGAL ASSISTANTS
JOEL T. LEVAHN
TERESA H. CRAVEN
ALLEN R. DESMOND KATHRYN A. DAILEY
• Civil Trial Specialist certified by
the Wrinesote State Bar Association
November 21 , 1989
Ms. Susan VanderHeyden
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Captain Richard Engstrom
St. Anthony Police Department
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Chief Donald Hickerson
St. Anthony Police Department
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Ladies and Gentlemen:
Enclosed herewith please find copies of reports indicating
. various matters conducted at the Hennepin County District Court
up to and including November 15 , 1989.-
Should you h,a any questions or comments, please contact me.
Yours ve•
E�i�nJ1�RD� HANCE
Enclosure
EJH/kd
ST. ANTHONY 'PROSECUTION ACTIVITY
November 15 , 1989
HANCE & LEVAHN, LTD.
Edward J. Hance
Prosecuting Attorney
Submitted By: Allen R. Desmond
Assistant Prosecuting Attorney
2401 Lowry Avenue N.E. , Suite 200
Minneapolis, Minnesota 55418
Telephone: (612) 781-4858
A R R A I G N M E N T S - The Honorable Ann Alton
DEFENDANT CHARGE/PLEA SENTENCE
Anderson, Robert Edward Charged with DWI and alcohol
108, 119 concentration of .10 or more
within two hours ( .15) ; Pre-Trial
set for December 20 , 1989 .
Bergquist, Michael David Charged with operating motor Fine- $100 .00 .
108 vehicle without required
insurance and expired license
plate tabs (8-13-89 charges) ;
Pled guilty to operating motor
vehicle without required
insurance; Other charge dismissed.
Bergquist, Michael David Charged with intent to escape Jail - 10 days. .
108 , 116 payment of tax (gross
misdemeanor) , possession of
stolen property, and operating
motor vehicle without required
insurance (10-8=89 charges) ;
Pled guilty to intent to escape
payment of tax ; Other charges
dismissed.
Eastman, Bruce George Charged with operating motor Fine - $50.00.
108 vehicle without required
insurance, failure to provide
proof of insurance coverage
within 14 days, and defective
headlight; Pled guilty to
failure to provide proof of
insurance coverage within 14
days; Other charges dismissed.
Flood, Thomas Robert Charged with DWI, alcohol
108 , 118 concentration of . 10 or more
within two hours ( .19) , and
open bottle; Pre-Trial set
for December 20 , 1989.
Garbeson, Rodney Paul Charged with operating motor Fine - $50 .00.
118 vehicle without required
insurance; Pled guilty.
Granger , Blandon Joseph Charged with expired license Fine - $20 .00 .
114 plates (8-16-89 charge) ;
Pled guilty.
Granger , Blandon Joseph Charged with speeding (8-25-89 Fine - $40 .00 .
116 charge) ; Pled guilty.
Graves, Barbara Jean Charged with trespassing-
113 , 114 in stolen motor vehicle and
vagrancy near structure;
Jury Trial set for December 18 ,
1989, at 9:15 a.m.
Hofstra, Randall Jay Charged with DAR on 6-1-89 and
108 , 116 DAR and operating motor vehicle
without required insurance on
6-1-89 (two separate incidents) ;
Pre-Trial set for December 20 , 1989.
Kemp, John Warren Charged with owner allowing
108 uninsured motor vehicle to
be operated and failure to
provide proof of insurance
coverage within 14 days;
Jury Trial set for January 10 ,
1990 , at 9 :15 a.m.
Maahs, Karin Thea Charged with operating motor Fine - $20 .00; Operating motor
117 vehicle without required vehicle without required insurance
insurance and expired license charge continued one year for
plate tabs; Pled guilty to dismissal on condition of no
expired license plate tabs insurance violations for one year.
charge; Other charge continued
one year for dismissal as
Defendant had no knowledge
or reason to know that the
vehicle was uninsured, as
her husband was responsible
for paying the insurance
premiums but failed to renew -
the insurance policy and did
not advise the Defendant that
he failed to do so.
Nelson, Christopher Anton Charged with operating motor Operating motor vehicle without
117 vehicle without required required insurance charge continued
insurance and speeding ; one year for dismissal on condition
Defendant had paid the of payment of $50.00 in court costs.
fine on the speeding charge
prior to arraignment; Other
charge continued one year
for dismissal as the vehicle
did not belong to the Defendant,
and Defendant had no knowledge
or reason to know that it was
uninsured, as Defendant' s girl-
friend had bought the vehicle from
his cousin the day before and
Defendant thought the vehicle
was still covered under his
cousin's insurance policy.
Nygaard, Todd Charles Charged with DAS, operating Fine - $150 .00; Jail - 30 days, 30
108 motor vehicle without required days stayed one year; On condition of
insurance, illegal use of no insurance violations for one year.
another vehicle 's license
plate tabs, and expired
registration; Pled guilty to
operating motor vehicle without
required insurance_; Other charges
dismissed.
Reid, Steven Michael Charged with disorderly Fine - $20 .00.
117 conduct; Pled guilty.
Taft, Jeffrey Alexander Charged with operating motor
114 vehicle without required
insurance and speeding ;
Pre-Trial set for January 3 , 1990.
Vanek , Doreen Marie Charged with DWI and alcohol
114 , 117 concentration of .10 or more
within two .hours ( .17) ; Pre-Trial
set for January 17 , 1990.
Walz , Brad Jay Charged with DWI and alcohol
108 , 118 concentration of . 10 or more
within two hours ( .17) ;
Arraignment continued to
December 6 , 1989.
Washington, Kenneth Jerome Charged with driving without
113 a valid Minnesota driver ' s
license and failure to yield
right-of-way; No appearance
at November 15 , 1989 ,
arraignment; Bench warrant
issued - $1,000.00 bail.
Woods, Randyl Lee Charged with DAS and failure to Fine - $100.00.
118 change address on driver 's
license; DAS charge amended
to driving without a valid
Minnesota driver ' s license, as
the DAS charge arose out of a
suspended out-of-state license
and would have been difficult
to prove; Pled guilty to
driving without a valid
Minnesota driver 's license;
Other charge dismissed.
Younkin, Richard Robert Charged with operating motor Fine - $150 .00; Jail - 30 days, 30
108 vehicle without required days stayed one year; On conditions
insurance; Pled guilty. of payment offine and no insurance
or driver 's license violations for
one year.
P R E - T R I A L S - The Honorable Ann Alton
DEFENDANT CHARGE/PLEA SENTENCE
Anderson, Steven Gotfred Charged with operating motor Charges continued one year for
113 vehicle without required dismissal on conditions of no
insurance and failure to provide insurance violations for one year.
proof of insurance coverage
within 7 days; Both charges
continued one year for dismissal
as Defendant provided proof that
his vehicle was insured on the
date of the stop.
Buskirk , David Robert Charged with gross DWI, gross Fine - $1,000.00; Jail - 365 days,
103 , 113 alcohol concentration of . 10 335 days stayed two years, credit for
or more within two hours ( .18) , 2 days already served; On conditions
aggravated DWI, and DAR; Pled of no alcohol- or drug-related
guilty to gross alcohol offenses and no insurance or driver 's
concentration of . 10 or more license violations for two years,
within two hours; Other charges attendance at AA meetings weekly for
dismissed. two years, completion of 200 hours of
community service, and attendance at
M.A.D.D. victim seminars.
Dawson, Kurt Darryl Charged with gross DWI and Fine - $300.00; Jail - 365 days, 355
113 , 116 gross alcohol concentration of days stayed two years; On conditions
.10 or more within two hours of no alcohol-related offenses, no
( .14) ; Pled guilty to gross registration violations, and no
alcohol concentration of . 10 insurance or driver 's license viola-
or more within two hours; tions for two years, completion of
Other charge dismissed. 3Rs treatment program, attendance at
M.A.D.D. Victim Impact Panel, and
payment of $75.00 alcohol assessment
fee.
Gustafson, Keith Francis Charged with gross DWI and Fine - $300.00; Jail - 365 days, 355
116 , 118 gross alcohol concentration days stayed two years; On conditions
of .10 or more within two of no alcohol-related traffic
hours ( .19) ; Pled guilty to offenses for two years and Defendant
gross alcohol concentration following recommendations of proba-
of .10 or more within two tion officer as to treatment program.
hours; Other charge dismissed.
Houn, Michael Herman Charged with DWI, alcohol Fine - $300 .00; Jail - 90 days, 85
113 , 119 concentration of . 10 or more days stayed one year; On conditions
within two hours ( .11) , open of attendance at AA meetings weekly
bottle, careless driving , for one year, attendance at M.A.D.D.
and DAS; Pled guilty to Victim Impact Panel, Defendant
alcohol concentration of . 10 following recommendations of proba-
or more within two hours; tion officer as to treatment and
Other charges dismissed. aftercare programs, and payment of
$75.00 alcohol assessment fee.
Jensen, Kurtis Lee Charged with aggravated DWI,
Thoemke, 113 , 114 DWI, alcohol concentration of
.10 or more within two hours
( .17) , and DAR; Pre-Trial
continued to December 6 , 1989.
. Lemon, Michael Dean Charged with DAR, operating
108 motor vehicle without required
insurance, and failure to provide
proof of insurance coverage
within 7 days; Pre-Trial continued
to December 6 , 1989.
Lindsey, David Allen Charged with DAS, operating
117 motor vehicle without required
insurance, and speeding; Jury Trial
set for January 22 , 1990 , at
9 :15 a.m.
Pashby, Larry Dean Charged with DAR and speeding; Fine - $150 .00; Jail - 30 days, 30
108 Pled guilty to DAR; Other charge days stayed one year; On conditions
dismissed. of payment of fine and no insurance
or driver ' s license violations for
one year.
Peach, Jeffrey Scott Charged with careless driving ,
108 driving without valid Minnesota
driver ' s license, open bottle,
and possession of marijuana in
a motor vehicle; Pre-Trial
continued to December 6 , 1989.
Solvin, Henning Melvern Charged with gross DWI, gross
108 , 117 , 119 alcohol concentration of . 10
or more within two hours ( .12) ,
DAR, and operating motor vehicle
without required insurance;
Pre-Trial continued to
December 20 , 1989 .
Zimmerman, Christopher Charged with fifth degree assault;
Bryan No appearance at November 15 ,
Thoemke, 103 , 117 , 119 1989 , Pre-Trial; Bench warrant
issued but execution stayed until
December 6 , 1989.
J U R Y T R I A L S
DEFENDANT PLEA SENTENCE
Costigan, James Earl Charged with DAR, operating Fine - $100 .00 , $100 .00 stayed one
108 motor vehicle without year; Jail - 90 days, 80 days _stayed
required insurance, and one year; On conditions of no
defective headlights; Pled insurance or driver' s license viola-
guilty to DAR. charge on tions for one year and Defendant
November 14 , 1989 , before producing proof of insurance coverage
The Honorable Cara Lee Neville; within ten days.
Other charges dismissed.
M I S C E L L A N E O U S
DEFENDANT PLEA SENTENCE
Allen, Jr. , Steven Guy Charged with gross DWI, gross Jail - 365 days, 305 days stayed two
108 alcohol concentration of . 10 years; On conditions of no alcohol-
or more within two hours ( .14) , related traffic offenses for two
aggravated DWI, and operating years, Defendant abstaining from mood
motor vehicle without required altering chemicals for two years,
insurance; Pled guilty to weekly attendance at AA meetings for
aggravated DWI charge at two years, and Defendant following
November 6 , 1989 , revocation probation officers recommendations
hearing before The Honorable as to treatment and aftercare
Eugene J. Farrell; Other programs.
Charges dismissed.
C O M P L A I N T S
DEFENDANT COMPLAINANT/OFFICER CHARGE
Blue, John Patrick Officer Timothy Briski Charged with operating motor vehicle
without required insurance, failure
to transfer title, violation of
restricted driver 's license, and
speeding-.
Hawkins, Robert James Officer Jeffrey Scholl Charged with possession of drug
paraphernalia.
Hulbert, Gregg Allison Officer John MacQueen Charged with operating motor vehicle
without required insurance, failure
to provide proof of insurance
coverage within 14 days, and defec-
tive exhaust system.
Lasser, Casey Joseph Captain Richard Engstrom Charged with gross misdemeanor
Officer Todd Johnson giving false name and date of birth
to police officer.
Longie, Todd Jonathan Captain Richard Engstrom Charged with harassing telephone
calls and fifth degree assault.
Miller, Cory Calvin Officer Todd Johnson Charged with possession of alcoholic
beverage by underage person and
objects suspended between driver and
windshield.
Taylor, Linda Elaine Captain Richard Engstrom Charged with gross misdemeanor theft
(theft of more than $200 .00 but not
more than $500.00) and gross
misdemeanor issuance of worthless
checks.
D I S M I S S A L S
DEFENDANT/COMPLAINANT CHARGE REASON FOR DISMISSAL
DeSutter , Michael Andrew Charged with issuance of The City Prosecutor examined a con-
Citizen's Complaint worthless check . siderable amount of correspondence
(F. W. Woolworth) and records from the Defendant and,
after further investigation by the
St. Anthony Police Department, it was
determined that the actual signature
of the Defendant did not match the
signature on the check. It was also
determined that the check which was
issued had been stolen from the
Defendant, and the Defendant had
filed an Affidavit of Forgery to that
effect. Under those circumstances,
the charge was dismissed.
� e
SPRI14GSTED
PUBLIC FINANCE ADVISORS
• 85 East Seventh Place, Suite 100
Saint Paul, MN 55101.2143
612.223.3000
Fax: 612.223.3002
MEMORANDUM
TO: Members, City Council
Mr. Tom Burt, City Manager
Ms. Susan Vanderheyden, Assistant to the City Manager
City of St. Anthony
FROM: Robert D. Thistle
Barry W. Fick
Springsted Incorporated
DATE: November 22, 1989
RE: LaNel Financial Group Request
Background
LaNel Financial Group has requested that the City of St. Anthony allow LaNel to retain some
• of the property taxes due on their project in the event that the assessed value is higher than
expected and the taxes due on an individual unit basis exceed an amount around $1,200.
We have met with LaNel to discuss their concerns. We have received information from LaNel
on their projected 1992 cash flow from the development based on varying tax payment
assumptions. We have also received an informal survey of rents from comparable type
apartment complexes.
Facts and Analysis
The St. Anthony development is located in a tax increment district. The development is
subject to a redevelopment agreement dated August 4, 1988.
Article VI of that agreement deals with the tax increment district. Section 6.1 notes that the
minimum amount of tax increment generated by this project will be $1,100 per unit. This
works out to $221,100 based on 201 units in the development. If the actual increment is less
than this amount, the redeveloper (LaNel) agrees to pay the difference on an annual basis,
subject to some restrictions, to the HRA in order to pay off the bonds issued for the project.
Article II, Section 2.2(c) states that the Minimum Improvements will be constructed so as to
have an Assessed Value of at least$5,700,000.
Minnesota Statutes, section 273.13, Subdivision 25 defines the maximum tax capacity (class
rate) that is payable by apartment complexes such as this one. At the time the
• Indiana Office: Kansas Office: Wisconsin Office:
135 North Pennsylvania Street 6800 College Boulevard 500 Elm Grove Road
Suite 2015 Suite 600 Suite 101
Indianapolis, IN 46204.2498 Overland Park, KS 66211.1533 Elm Grove, WI 53122.0037
317.684.6000 913.345.8062 414.782.8222
Fax: 317.684.6004 Fax: 913.345.1770 Fax: 414.782.2904
City of St. Anthony, Minnesota
November 22, 1989
Page 2
• redevelopment agreement was entered into, the class rate for residential real estate
containing four or more units was 4.1%.
Based on the Minimum Improvements agreed to and the tax capacity rate in effect at the time
the redevelopment agreement was entered into, the tax capacity of the improvements would
be $233,700. This equates to a per unit tax liability on improvements of$1,163.
LaNel Financial is concerned that the Hennepin County Assessor will value the
improvements that are made to the project at an amount that will be substantially in excess
of the minimum improvements required under the contract. The fear is that the valuation
could be so high as to cause a tax liability on a per unit basis of $1,750. According to LaNel,
this would cause them to suffer a negative cash flow, require LaNel to raise rents to a level
that is substantially above the market rate. In the alternative, if rates are not raised, LaNel
would suffer a negative cash flow on the project.
LaNel has supplied us with 2 sheets titled St. Anthony Rent comps. These sheets show the
1989 and projected 1992 rents for comparable apartment complexes. The 1989 average
rents range from a low of $520 to a high of $800. LaNel is using 1989 rents of $550 for a 1
bedroom and $675 for a two bedroom apartment as their benchmark. The rates used by
LaNel appear to fall squarely within the range of comparable apartment complexes.
For 1992 projected rents, the comparable projects show a range from a low of$630 to a high
of $1052.50. LaNel is using 1992 rents of $619 for a 1 bedroom and $760 for a 2 bedroom
apartment as their benchmark. The rates used by LaNel again appear to fall squarely within
the range of comparable apartment complexes.
• LaNel has requested that the City of St. Anthony agree to subsidize the tax liability if it is so
high as to require raising of rents in order to recoup the cost of the higher than anticipated
taxes. This would allow LaNel to keep rents at their predicted level.
LaNel has prepared projections showing the adverse effect of higher taxes on the project,
other things being equal. The base case projection shows an anticipated tax liability of
$244,200, or $1,200 per unit. This is quite close to the tax liability generated by the minimum
improvements as detailed above.
Using the base projections, LaNel would have a positive cash flow on the project. Based on
the projection where taxes are imposed at a $1,750 per unit basis, the project shows a
negative cash flow for LaNel.
Subsequent to the signing of the Redevelopment Agreement and the preparation of the
projections, the Minnesota State Legislature amended the property tax law. Part of the
amendment reduced the tax capacity percentage, now called the "class rate", that is paid by
residential real estate containing four or more units. The rate was reduced from 4.1% to
3.6%, effective for taxes payable in 1990
Based on the Minimum Improvement value of $5,700,000, the new tax capacity will be
$205,200, or $1,021 per unit. This amount is less than the Article VI, Section 6.1 Tax
Increment Guarantee amount of$221,100.
•
City of St. Anthony, Minnesota
November 22, 1989
Page 3
• The projection prepared by LaNel using a tax per unit of $1,750 gives an assessed value of
$8,579,268, using the old 4.1% class rate. Using the new 3.6% class rate, the total tax is
reduced to$308,854, or$1,537 per unit.
This reduces the negative cash flow to around $10,100, or $50 per unit, or $4 per unit per
month.
A copy of the legislation and related documentation showing the change in class rates is
also attached to this memorandum.
Findings
The reduction in class rates will reduce the amount of tax payable for the complex. This
reduction should allow LaNel to maintain a positive cash flow with only a small adjustment in
rents. Even after adjusting rents, the project rents will remain within the projected rents for
comparable projects, as computed by LaNel.
In the event that the assessed value of the completed project still causes excessive taxes,
LaNel should first exhaust all administrative and legal remedies to obtain a reduction in the
assessed value prior to asking the City of St. Anthony to subsidize the taxes. The
Redevelopment Contract in Article VI, Section 6.2 only prohibits the Redeveloper from
seeking administrative or judicial review of the assessment in the event that the adjusted
assessment would be contrary to the minimum value of$1,100 in the agreement. It does not
prohibit administrative or judicial action on the part of the redeveloper to reduce taxes that
• are in excess of the minimum amount.
At the conclusion of the tax increment district, the City subsidy (if one is granted) would
cease. Then LaNel would be required to pay the full tax liability. Their remedy would be to
raise rental rates to recoup the additional tax cost. This would put them in no different
position than if they raised rental rates in 1992 and paid the full amount of taxes then due
and owing. The City subsidy would only delay the date when rental rates would have to be
raised. As is shown above, the reduced class rate should result in a minimal rent increase to
compensate LaNel for its increased costs. Even with a rent increase, the projected 1992
rents are not higher than the comparable ones shown by LaNel themselves.
We have provided this information to LaNel for their comment. After their review, we were
informed by Mr. Greg Bronk of LaNel that their position has not changed and that they would
like to see taxes to be held to a per unit basis of$1,200.
Conclusions
The City of St. Anthony should decide if it wants LaNel to pay the minimum tax amount of
$1,100 as stipulated in Article VI, Section 6.1 of the Developers Agreement. LaNel should be
notified of any decision the City makes on this issue.
In a letter dated August 31, 1989, we described a brief history of the HRA projects and
responses to certain questions posed by the Council. As was noted in that letter, there is
sufficient minimum tax revenue from the LaNel project to meet the payment schedule of the
tax increment bonds issued for the project.
City of St. Anthony, Minnesota
November 22, 1989
Page 4
• Based on the information we have examined, it is not necessary at this time to consider
granting LaNel Financial's request for an additional subsidy. Until the actual final
assessment is made on the property that LaNel is concerned with, the necessity of granting
LaNel's request is premature.
The City Council may wish to review this issue on when additional information on the actual
assessed value and tax capacity amounts are finally determined.
mmr
Attachments
•
r .►
RESOLUTION 89-031
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN
RAMSEY COUNTY AND THE CITY OF ST. ANTHONY
FOR ROAD MAINTENANCE
BE IT RESOLVED, that the Mayor and City Manager .are authorized
to sign the Agreement between Ramsey County and the City
of St. Anthony for road maintenance services on behalf
of -the City of St. Anthony.
• Adopted this day of 1989 .
Mayor Pro Tem
ATTEST:
City Clerk
Reviewed for administration:
City Manager
AGREEMENT NO. 89035
AGREEMENT FOR WINTER ROAD MAINTENANCE SERVICES
This agreement is entered into between the City of Saint Anthony, Minnesota,
a municipal corporation, hereinafter referred to as the "City," and the County of
Ramsey, a political subdivision of the State of Minnesota, hereinafter referred to as
the "County."
WHEREAS, the County, through the Ramsey County Public Works Department,
is responsible for the maintenance of certain roadways within the City; and
WHEREAS, the City has the staff, equipment and proximity to these roadways
to provide the winter maintenance necessary on the roads.
The parties mutually agree as follows:
1. Services: The services which the City shall perform are as follows:
a. The City shall provide winter maintenance on .48 miles of County
roadways, more particularly described below.
Silver Lane from Stinson Boulevard to Silver Lake Road .48 mile
b. The term "winter maintenance" includes but is not limited to
snowplowing, salting and sanding.
• c. The City shall furnish all equipment, materials and staff necessary to
provide winter maintenance.
d. The City shall provide winter maintenance beginning on the date of
December 1, 1989 through March 31, 1990 and December 1, 1990 through
March 31, 1991.
2. Payment: The County shall pay the City as follows:
a. The County shall pay the City at the rate of $2,538.00 (approximate)
per mile per season, December 1, 1989 through March 31, 1990, and
December 1, 1990 through March 31, 1991 and the total cost to the
County shall be $1,218.00 per year.
b. The County shall pay the City for these services on submission of a
billing at the end of the winter maintenance season or by June 15 of
each year.
3. Relationship between the parties:
a. The parties agree that the relationship between them created by this
contract is that of employer (the County) - independent contractor (the
City). No agent or employee of the City shall be deemed to be the
agent or employee of the County.
b. The City agrees to save, defend and hold the County harmless from all
claims, demands, costs or judgments caused by or arising out of the
negligence of the City, its officers, agents or employees in the
performance- of this contract.
IN WITNESS WHEREOF, the parties hereto have. caused this agreement to be
executed.
CITY OF SAINT ANTHONY THE COUNTY OF RAMSEY
By By
Chairperson
Its Board of County Commissioners
By Attest:
Chief Clerk-County Board
Its
Date
Date
Approved as to Form:
Assistant County Attorney
Recommended for Approval:
Kenneth E. Weltzin, Director
Ramsey County Public Works Department
•
DORSEY & WHITNEY
A PAI-85HIY INCLO WG PNO SSIC—COH—TIONN
050 PARK AVENUE 2200 FIRST BANK PLACE EAST Sao FIRST NATIONAL BANK BOILDtNO
NEW YORK,(PJ0 NBw YORK 10022 MINNEAPOLIS, MINNESOTA 35402 eocaa9Ts0O7 77900
(21e)ms-9eoo ( )2888-01566
1330 CONNECTICUT AVENUE,N.W. 612) 340-2600 313 FIRST NATIONAL BANK HUTLDING
WABODIGTON,D.C.20036 TELEX 29-0605 WAYZATA,MINNESOTA 55391
(e02)a5?-0700 FAX(612)340-2868 (612)475-0373
3 GRACECHURCH STREET 1200 FIRST INTERSTATE CENTER
LONDON BCBV OAT,ENGLAND BILLINGS,MONTANA 59103
01-929-3334 (406)282-3600
36,BUB TRONCRET WILLIAM RSOTH, P.A. 201 DAVIDSON BUILDING
R.75009 PARIS,PRANCE - GREAT FALLS,MONTANA 59401
01-42-66-59-49 (612) 340-2969 (406)7e7-3632
FAR.EAST FINANCE CENTER 127 EAST'FRONT STREET
HONG KONG MISSOULA,MONTANA 59802
852-5-8612555 (406)721-6023
August 29 , 1989
Ms . Susan L. VanderHeyden
Acting City Manager
City of St. Anthony
3301 Silver Lake Road
St.. Anthony, Minnesota. 55418
Re: Ordinance Codification
Dear Sue:
• Enclosed is a proposal from the City Lawyer Exchange
and Repository ( "CLEAR" ) , an organization affiliated with
the League of Minnesota Cities, for codification of the
City' s ordinances, for a fee of $5, 488 .
I have worked with CLEAR doing ordinance codifications
for two other cities, and have been pleased with the job
they have done. You should understand, 'however, that their
work really amounts to a process of putting your existing
Code on a word processor with some minor amount of
reorganization. Once it is on a word processor, I would
do a substantial amount of editing, shortening, and rewriting
in an effort to make your Code clearer and more concise.
Our fees for this would depend upon the extent to which
you wanted to make substantive changes during the process
of redrafting the Code. If it was a matter of rewriting
the Code without much drafting and redrafting of new ordinances,
I would estimate our fees to be in the range of $10, 000
to 15, 000 .
Although it is not mentioned in the letter from
CLEAR, they understand that the fees to be paid to them
upon submission of their drafts would be paid in 1990, out
of the 1990 Community Development Block Grant funds. I
could also arrange to defer our fees until 1990. According
•
DORSEY & WHITNEY
•
to the proposal, CLEAR would want the $500 paid upon
acceptance. They would then start work on the Code, and
would begin with any particular sections you would like
to start with.
If you or the Council would like to discuss the
process further, please let me know. If the proposal is
acceptable, a resolution should be adopted approving the
contract and authorizing you and the Mayor to sign it.
Three copies of the CLEAR letter may then be signed and
you should keep one copy and return two to me. I will then
return one copy to CLEAR.
Ver t my yours,
I
W am R. Soth
WRS:gle
Enclosure
I[I'! AUG 2 8 1989
183 University Ave.East
• St.Paul,MN 55101.2526
League of Minnesota Cities (612)227.5600(FAX:221.0986)
August 23, 1989
Mayor Robert Sundland
Members of the City Council
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Ordinance Codification Hid
Dear Mayor Sundlund and Members of the Council:
This letter contains our bid for .the codification of
St. Anthony's city .ordinances. CLEAR agrees to provide the
following services:
Codification of the currently existing ordinances
for $5,488. This is based on an estimate of 196
• hours of work, including travel time for two trips
to St. Anthony, at a rate of $28 per hour.
(1) Drafting of the code of ordinances, a table or
tables of contents, and an index.
(2) Consultation with your City Attorney regarding
any suggested changes or new ordinances he or
we may recommend.
(3) Preparation of any new ordinances, based upon
models or specimens in League files, to update or
replace existing ordinances.
(4) Consultation with your City -Attorney regarding
his comments and suggestions on the drafts prepared
by us.
(5) Revisions of our drafts as requested by the
City.
Any new material passed after this bid will be
codified at the rate of $28 per hour. The
compensation for our attendance at any Council
meetings in excess of two will also be $28 per
hour,. plus mileage and preparation time.
Any updates you would like will be done at $28 per
hour, or our then current rate.
a:
This quote includes one copy of the completed code.
The copy will be in high quality photoduplication print from
typed manuscript on one side of 8 1/2 x il" white paper in a
vinyl covered stiff 3 ring binder. We will charge $40 for each
additional copy.
It is understood that your City Attorney will be
responsible for supervising the work done by CLEAR and for
reviewing the final product.
Payment for the work will be .as follows:
$500 upon your acceptance of this proposal.
$1,663 to CLEAR upon submission of the first draft
of the codification to the City, $1,663 when the
second draft is delivered to the City and the
reminder ($1,662) to be .paid -after the final draft.
It is understood that if -the actual amount of time
necessary to complete this project varies from the above
estimate, CLEAR will receive no additional compensation.
Correspondingly, if the hours spent are less than those
estimated, CLEAR will receive the full amount specified above.
If you have any questions, comments -or revisions of
the above arrangements, please telephone Stan Peskar, Tom
Grundhoefer, Carla Heyl or myself. If the arrangements are
acceptable, please sign and return one of the enclosed copies of
this letter and keep the other executed copy for your files.
Sincerely,
Merideth Chelberg
CLEAR Administrator
• The terms contained herein are accepted and the above constitutes
a contract between CLEAR, City Lawyer Exchange and Repository,
and the City of St. Anthony.
City Lawyer Exchange City of St. Anthony
By By
Its Administrator Clarence Ranallo, Mayor
Pro Tem
Thomas D. Burt,
City Manager
•