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Home My WebLink AboutCC PACKET 04261994 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103107 Box: 30 Folder. CC PACKETS 1990-1994 Document: CC PACKET 04261994 . H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY • CONTINUATION OF BOARD OF REVIEW APRIL 26, 1994 6:30 p.m. I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF APRIL 12, 1994 BOARD Of REVIEW MINUTES. IV. CONTINUATION OF THE BOARD OF REVIEW. V. ADJOURNMENT. CITY COUNCIL AGENDA APRIL 26, 1994 7:00 P.M. City Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF APRIL 26, 1994 COUNCIL AGENDA. IV. APPROVAL OF APRIL 12, 1994 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Verified. City Council Meeting Minutes • April 26, 1994 Page 4 VII. REPORTS. A. Planning Commission - April 19, 1994. 1.. Darrin and JoAnn Mercil, for 311.2 Silver Lake Road, setback variance request. B. Mayor. C. Councilmembers. D. Interim City Manager. VIII. PUBLIC HEARINGS - None. IX. NEW BUSINESS. • A. Resolution 94-031 , re: Call for sale of General Obligation Improvement Bonds, Series 1994A. Bob Thistle from Springsted, Inc. will be present. B. Resolution 94-029, re: Public Works 1994-1995 Union Agreement. X. UNFINISHED BUSINESS - None. XI. ADJOURNMENT. • 1 CITY OF ST. ANTHONY 2 3 BOARD OF REVIEW MEETING MINUTES 4 5 APRIL 12, 1994 6 7 I. CALL TO ORDER 8 9 The Board of Review was called to order at 6:30 P.M. by Mayor Ranallo. 10 11 II. ROLL CALL 12 13 Council Present: Mayor Ranallo, Councilmembers Marks, Enrooth, Fleming and 14 Wagner. 15 16 Staff Present: Interim City Manager Hamer, Finance Director Larson, City Attorney 17 Soth, and Hennepin County Assessor Miller. 18 19 Mayor Ranallo emphasized that this meeting is strictly to review the market value of 20 properties in St. Anthony and not taxes. This involves a process. Individuals can 21 request a County Assessor to reassess their property. The Board of Equalization is 22 June 13, 1994; or you may choose to go to Tax Court. In either case you must pay 23 your first half taxes by May 15. 24 25 Hennepin County Assessor Miller talked about the assessment process. After the 26 Board of Review, the County will notify the taxpayer of what will follow. 27 28 Mayor Ranallo cautioned everyone that if a reappraisal is done on their home, the 29 market value could possibly increase. The two choices are the Board of Equalization 30 or Tax Court. 31 32 Motion by Marks, second by Enrooth to approve a County reappraisal of the property 33 owned by Jim Murray, 3021 Harding St. NE, PIN 06 029 2334 0012, as requested. 34 35 Motion carried unanimously 36 37 Motion by Marks, second by Enrooth to approve a County reappraisal of the 38 property owned by John J. Jadinak, 2805 27th Ave. NE, PIN 07 029 23 210115, as 39 requested. 40 41 Motion carried unanimously 42 43* 44 • 45 BOARD OF REVIEW APRIL 12, 1994 PAGE 2 1 Motion by Marks, second by Wagner to approve a County reappraisal of the property 2 owned by Lu Yorpahl, 2609 27th Ave. NE, PIN 07 029 23 210123, as requested. 3 4 Motion carried unanimously 5 6 Motion by Marks, second by Wagner to approve a County reappraisal of the property 7 owned by Nancy and George Soldatow, 3217 32nd Ave. NE, PIN 06 029 2342 0100, 8 as requested. 9 10 Motion carried unanimously 11 12 Motion by Marks, second by Wagner to approve a County reappraisal of the property 13 owned by Arthur Johnson, 3100 Townview Ave NE, PIN 06 029 23 42 0068, as 14 requested. 15 16 Motion carried unanimously 17 18 Motion by Fleming, second by Wagner to approve a County reappraisal of the 19 property owned by Ronald L: Hansen, 2704 32nd Ave. NE, as requested. 20 21 Motion carried unanimously 22 23 Helen Erickson, 2518 33rd Ave. NE, will pass on an appraisal this time. No action 24 requested at this time but she may go to the Board of Equalization. 25 26 Lester A. Anderson, 3117 32nd Ave. NE, requested no action at this time. Records 27 show he made an appearance before the Board of Review. 28 29 ThuVan Nyugon, 2904 Rankin Road, asked how the fair market value for the homes 30 was determined or calculated. Assessor Miller will send her some information in the 31 mail. Records will show she made an appearance before the Board of Review. 32 33 Motion by Marks, second by Wagner to approve a County reappraisal of the property 34 owned by Ralph Amundsen, 3424 Highcrest, PIN 06 029 241400 26, as requested 35 36 Motion carried unanimously 37 38 Motion by Marks, second by Fleming, to approve a County reappraisal of the 39 property owned by Don Badger, 2820 Roosevelt St, PIN 07 029 23 22 0014, as 40 requested. 41 42 Motion carried unanimously 43 44 45 BOARD OF REVIEW APRIL 12, 1994 PAGE 3 • 1 Margaret Drake, Betty Zeimes, Elsie Henry and John Gazda, all from Kenzington, 2 were present. This complex is in a Tax Increment Finance District. The purchasers 3 believed the condominium value would not be less than what was stated in the 4 original covenant. The realtors did not clarify the assessed valuation of each unit as it 5 was sold. Mayor Ranallo indicated that at the Grand Opening he mentioned that the 6 assessed value was,set at the time of closing. Sixty properties were sold. City 7 Attorney Soth has copies of the agreements. Soth said the buyers should review their 8 agreements. There is nothing the Assessor can do to change this situation. The Mayor 9 suggested they check with their Home Owners Association. Soth stated Minnesota 10 assessed value applies at this time. 11 12 Motion by Wagner, second by Marks to approve a County reappraisal of the property 13 owned by Richard Scovil, 3608 33rd Ave. NE, PIN 06 029 2341 0078, as requested. 14 15 Motion carried unanimously 16 17 Motion by Marks, second by Enrooth, to approve.a County reappraisal of the 18 property owned by Thomas J. Biernat, 2516 27th Ave. NE, PIN 07 029 2323 0020, 19 as requested. 20 21 Motion carried unanimously 22 23 Motion by Marks, second by Wagner, to approve a County reappraisal of the 24 property owned by Ed Fehr, 3008 29th Ave. NE, 07 092 231 20039, as requested. 25 26 Motion carried unanimously 27 28 Motion by Marks, second by Wagner, to approve a County reappraisal of of the 29 property owned by Dave Louiselle, 2905 32nd Ave., 06 029 2331 0103, as requested. 30 31 Motion carried unanimously 32 33 Marguerite and Justin O'Connell, 3201 Bell Lane, PIN 06 029 2343 0075, made an 34 appearance here and may go to the Board of Equalization. 35 36 Motion by Marks, second by Enrooth to approve a County reappraisal of the property 37 owned by Lois C. Krebs, 3009 Silver Lake Road, 06 22 92343 0113, as requested. 38 39 Motion carried unanimously 40 41 Motion by Marks, Second by Enrooth to approve a County reappraisal of Warren 42 Mesenbring, 2817 Anthony Lane, PIN 07 029 23 110014 and 07 029 23 110031, of 43 his commercial properties as requested. • 44 Motion carried unanimously 45 BOARD OF REVIEW APRIL l2, 1994 PAGE 4 1 • 2 James Wiehoff, 3508 Coolidge St. NE, had to leave the meeting early but left his 3 name with City Attorney Soth. The record will show he made an appearance today. 4 5 Motion by Marks, second by Fleming to approve a County reappraisal of the property 6 owned by Bob Levandowski, 2715 Coolidge NE, PIN 07 029 77 0124, as requested. 7 8 9 Motion carried unanimously 10 11 Mayor Ranallo received two letters from Marilyn H. Dregger, 3304 33rd Ave NE 12 and Marlow Francis, 3016 Rankin Road, requesting an appraisal on their properties. 13 14 Motion by Wagner, second by Fleming to approve the County reappraisal of their 15 properties. 16 17 Motion carried unanimously 18 19 Mayor Ranallo stated the date for reconvening the Board of Review will be April 26, 20 1.994, at 6:30 P.M. 21 22 Motion made by Marks and second by Wagner to reconvene on that date. • 23 24 Motion carried unanimously 25 26 Motion by Marks, second by Enrooth to adjourn the Board of Review at 7:40 P.M. 27 28 Motion carried unanimously 29 30 31 Respectfully Submitted, 32 33 34 35 . Karen M. Long 36 37 Council Secretary 38 39 40 41 42 Attest 43 City Clerk 44 • 45 • 1 ' CITY OF ST. ANTHONY 3 4 CITY COUNCIL MEETING MINUTES 5 APRIL 12, 1994 6 7 8 9 10 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 11 12 The meeting was called to order at 7:50 P.M. and the Pledge of Allegiance was led 13 by Mayor Ranallo. 14 15 II. ROLL CALL 16 17 Council Present: Mayor Ranallo and Councilmembers Marks, Enrooth, Fleming and 18 Wagner. 19 20 Staff Present: Interim City Manager Hamer, Finance Director Larson and City 21 Attorney Soth. • 22 23 24 III. APPROVAL OF APRIL 12. 1994, AGENDA 25 26 Motion by Marks, second by Wagner to approve the Agenda for the April 12, 1994, 27 Council Meeting with the addition of the sale of Tootsie Rolls by the.Knights of 28 Columbus. 29 30 Motion carried unanimously 31 32 IV. APPROVAL OF MARCH 22. 1994 COUNCIL MEETING MINUTES 33 34 Motion by Fleming, second by Wagner to approve the March 22, 1994, Council 35 meeting minutes with the following changes: 36 37 Page 5, line 15: Change to read: She also shares the concerns of the St. 38 Anthony Health Care Facility regarding the need for an 39 addition which would include an Alzheimer area. 40 Page 5, line 20: Insert the words "Mission Statement" instead of"resolution". 41 Page 6, line 4: Change to read: the Sunday morning Pancake Breakfast even. 42 though it will not be a part of the scheduled VillageFest 43 activities. 44 Motion carried unanimously 45 REGULAR COUNCIL MEETING APRIL 12, 1994 PAGE 2 1 Mayor Ranallo introduced the Knights of Columbus representative. The Knights are • 2 sponsoring a Tootsie Roll Drive to benefit retarded citizens. Mayor Ranallo 3 encouraged everyone to support the Tootsie Roll Drive in St. Anthony, April 22, 23, 4 24. 5 6 Motion by Fleming, second by Enrooth to support the sale of Tootsie Rolls by the 7 Knights of Columbus in the City of St. Anthony on April 22, 23, and 24. 8 9 Motion carried unanimously 10 11 V. LICENSES/PERMITS/PETITIONS. 12 13 Motion by Enrooth, second by Fleming to approve the request for the sale of 3.2 Beer 14 and Wine during the VillageFest, August 5 and 6, 1994. 15 16 Aye: Ranallo, Fleming, Wagner, Enrooth 17 Nay: Marks. 18 19 Motion Carried 20 21 - Motion by Fleming and second by Wagner to approve the following licenses/permit 22 applications: 23 • 24 Amusement Devices: 25 Minneapolis Bowl-O-Mat, Inc, Apache Plaza(14.Amusement Devices) 26 Slick's Alternative, 2450- 38th Avenue NE 27 28 3.2 Beer Off-Sale 29 Town & Country Foods, St. Anthony Village Shopping Center 30 Fuel.Mart, 3813 Stinson Boulevard 31 Minneapolis Bowl-O-Mat, Inc., Apache Plaza 32 Stop'NSave, 3259 Stinson Boulevard 33 Berggren's Market Enterprises Inc., 2508 - 38th Ave. NE 34 35 Cigarette Licenses: 36 Slick's Alternative 37 Town & Country Foods 38 Fuel Mart, Inc. 39 Stop'N'Save 40 Apache New Market 41 Snyder's Drug Stores, Inc. 42 43 Bowling_Alle . 44 Minneapolis Bowl-O-Mat, Inc., Apache Plaza 45 • REGULAR COUNCIL MEETING APRIL 12, 1994 PAGE 3 • 1 Contractors License: 2 Suburban Lighting Inc., Stillwater, MN 3 Belair Builder's Inc.,New Brighton, MN 4 Construction Labor Force Inc., Lino-Lakes, MN 5 6 Juke Box: 7 Slick's Alternative 8 9 Service Station License: 10 Fuel Mart, Inc. 11 Stop'N'Save 12 Dick's St. Anthony "66" 13 St. Anthony Unocal, Inc. 14 15 Vending Machines License: 16 Wendy Quammen(1) 17 Minneapolis Bowl-O-Mat(2) 18 Pizza Hut(3) 19 T. J. Enterprises(1) 20 21 Heating License: • 22 Boehm Heating Company 23 24 Garbage Haulers: 25 Lightning Disposal, South St. Paul (Commercial) 26 27 Motion carried unanimouslx 28 29 Motion by Fleming, second by Enrooth to approve the Temporary 3.2 Beer and Wine 30 License to St. Charles Borromeo Church, for their annual Style Show and.Luncheon 31 on Saturday, April 23, 1994. 32 33 Aye: Ranallo, Fleming, Wagner, Enrooth 34 Nay: Marks 35 36 Motion Carried 37 38 VI. PRESENTATION OF CLAIMS 39 40 Motion by Marks, second by Wagner to approve the following claims: 41 42 A. Government Training Service-Payment in the amount of$1.912.10 to 43 Government Training Service for consultant's fee plus mileage for Council Retreat 44 February 25 - 26, 1994. 45 REGULAR COUNCIL MEETING APRIL 12, 1994 PAGE 4 1 B. Hance& LeVahn. Ltd. - Payment in the amount of$2,400 to Hance& LeVahn • 2 for professional services rendered for the month of April, 1994. 3 4 C. Verified Claims - Payment of four pages of verified claims as submitted by the 5 Finance Director. 6 Motion carried unanimously 7 8 VII. REPORTS 9 10 A. Mayor Ranallo 11 12 1. A motion by Marks and second by Enrooth to proclaim Arbor Day, April 13 29, 1994, and the month of May, 1994, to be Arbor Month in St. Anthony 14 Village. 15 16 Motion carried unanimously 17 18 Mayor Ranallo praised the St. Anthony Civic Orchestra for their free playing 19 for the public. They will have a fund raiser on April 29, 1994. They are 20 looking for prizes for their Silent Auction. 21 22 Mayor Ranallo said there will be a new cable channel (#62) added. They will • 23 advertise community events. 24 25 B. Council 26 27 Councilmember Wagner 28 Wagner noted he and Interim City Manager Hamer will meet with the architect, 29 The Alliance, to discuss a City building renovation on Friday, April 15. 30 31 Councilmember Fleminn 32 Fleming met with the Library Task Force which was formed to keep the St. 33 Anthony Library open and keep expansion going. Mayor Ranallo and 34 Councilmember Fleming agree that timing is important for this issue. 35 36 The Council directed staff to develop a resolution stating their concerns 37 regarding additions to the St. Anthony Health Care Center for Alzheimer 38 patients. Staff will forward the resolution to the City's State Senator and 39 Representative. 40 41 Motion by Fleming, second by Ranallo to approve the resolution concerning an 42 addition to the St. Anthony Health Care Center. 43 44 Motion carried unanimously • 45 REGULAR COUNCIL MEETING APRIL 12, 1994 PAGE 5 • 1 Councilmember Fleming noted that resident payment of their entire assessment 2 for 1993 road improvements is not clear. Pat Taylor, a resident whose property 3 on Rankin Road is affected by the assessment, spoke about her confusion as to 4 when she could pay the assessment in its entirety. The Finance Director stated 5 that this was a "first time" for staff to do such a project and much was learned. 6 For future projects of this type, the Finance Director in a bill will be sent 7 along with the letter notifying residents of their final amount due and clarifying 8 payment procedures. 9 10 Councilmember Marks 11 Marks reported on St. Anthony's Sister City, Salo, Finland. 12 13 Marks reminded those present of the School Referendum on Tuesday, April 14 19th. 15 16 Councilmember Enrooth 17 Enrooth discussed plans for the VillageFest festivities on August 5 and 6. There 18 are still some concerns about the parade and some of the activities. 19 20 Enrooth noted that there will be only one City-wide Clean Up Day this year on 21 May 7th. Some of the fees will be increased. 22 • 23 C. Interim City Manager Hamer 24 25 1. Insurance for Open Meeting Law. Hamer introduced Mark Flaten from 26 American Risk Services, Inc. Mr. Flaten presented information on the Open 27 Meeting Law. 28 29 Motion by Marks, seconded by Enrooth to approve purchase of Open Meeting 30 Law insurance from the League of Minnesota Cities Insurance Trust, with the 31 cost not to exceed $1,000. 32 33 Motion carried unanimously 34 35 2. Fire Department 1993 Annual Report. Chief Johnson reported Chandler 36 Place and Kenizington received 25% of the runs. Calls-to single family 37 neighborhoods increased. Chief Johnson noted that triage is much better in 38 the nursing home. Nursing home residents are not calling as often. They 39 used to call for the Fire Department to take patients to doctor's 40 appointments. 41 42 Mayor Ranallo suggested to Chief Johnson to look for ways to reduce the Fire 43 Department's costs. The Chief said that 95%of the costs are personnel related 44 and that it would be difficult to trim costs without reducing staff. 45 REGULAR COUNCIL MEETING APRIL 12, 1994 PAGE 6 1 Mayor Ranallo stated that the Council and the residents appreciate all that the . 2 Fire Department does. 3 4 3. Recycling Center. Interim City Manager Hamer stated the Environmental 5 Quality/Recycling Task Force passed unanimously to recommend that the 6 City Council close the Recycling Center effective June 30, 1994. The City 7 lost grant money and residents should not have to pay for both curb side pick 8 up and a drop off center. Cost to keep the center open would be 9 approximately $10,000 during 1994. Councilmember Enrooth indicated the 10 proposed closure is not deliberate. The City was the first to start the service 11 and will be the last to close. 12 13 The Mayor said the public needs to be kept informed'of the closure, i.e., press 14 releases, signage at the site and notification on the water utility bills. The City 15 Council will vote on the issue May 10. 16 17 4. Peddlers. Mitch Fine from Gems and Stems requested Council approval to 18 sell flowers at the Amoco Service Station on 37th and Silver Lake Road and 19 approval of a 20' x 20' canopy. The sale would be for Mother's Day. Mr. 20 Fine was.told not to place anything on the right-of-way. His hours will be 21 6:00 A.M. until sundown. City Attorney Soth discussed the registration form 22 for peddlers which had been included in the packet and indicated Council's 23 approval of this request is appropriate. 24 25 VIII. PUBLIC HEARINGS - None. 26 27 I:X. NEW BUSINESS 28 29 A. Motion by Marks, second by Wagner to approve Change Order#1 for 1994 30 Street Improvement Project. 31 32 Motion carried unanimously 33 34 B. Motion by Fleming, second by Enrooth to approve Resolution 94-028 regarding 35 the Safety Program and By-Laws for City employees. 36 37 Motion carried unanimously 38 39 40 C. Motion by Marks, second by Wagner to approve Resolution 94-027, regarding 41 Deferment of Special Assessments for 1994 Street Improvement Projects as requested 42 by Willard Mohn and Conrad and Dorothea Kjeldahl, both meeting the requirements 43 of this request. 44 Motion carried unanimously • 45 REGULAR COUNCIL MEETING APRIL 12, 1994 PAGE 7 1 D. Motion by Enrooth, second by Marks to approve Resolution 94-026 regarding the 2 1994-1995 Fire Fighters Union Agreement. . 3 4 Motion carried unanimously 5 6 A special thanks was given to Mr. Hamer who worked on it. 7 8 X. UNFINISHED BUSINESS 9 There was no unfinished business. 10 11 XI. ADJOURNMENT 12 Motion by Marks, seconded by Ranallo to adjourn the meeting 9:45 P.M. 13 14 Motion carried unanimously 15 16 17 18 Respectfully Submitted, 19 20 21 22 Karen M. Long 23 Council Secretary 24 25 26 Mayor 27 . 28 Attest 29 City Clerk 30 31 32 33 34 _. _.. . 35 , 36 37 38 39 40 41 42 43 44 45 'n tho ill e DATE: April 26, 1994 APPROVAL TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Contractors License: Albrecht Company, Roseville, MN Reliable Tree Service, Fridley, MN Asphalt Driveway Company, St. Paul, MN • Heating License: Suburban Air Conditioning Company BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 17/-94 10.35 Chc-rk�__Rac3i stpr C;L54QR-V_04_15-PgGE 1 �NK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 000236 A- -& T 625-4 04/1,�4- 3.4_13 000235 A T & T INFORMATION SYST 6255 04/13/94 769.39 000020 AA BATTERY CO 6256 04/13/94 72.95 -_0000-58 AI-RS-IG-NAL-INC 6-�5-7-04-/13/94 ---- 000120 AMERICAN LINEN 6258 04/13/94 26.60 005201 AMERICAN STORES 6259 04/13/94 9. 12 00.0320 RFI-SSlaF-NG.ER-ARRI ANCE 6260-04/13/94 R -40 008153 BOB 'S PERSONAL COFFEE SE 6261 04/13/94 82.96 - 000380 BOUSTEAD ELECTRIC 6262 04/13/94 295.05 o^L��16¢ vO-YER-TRlJCY1 P-AR-Tc A263-44113/94 65 06 007253 BRAKE & EQUIPMENT WAREHO 6264 04/13/94 10.01 000520 BRYAN ROCK PRODUCTS 6265 04/13/94 547 . 53 0(]E311-7R�1G1GINESS-RECORD-S_CORR -F 6266 04/13/94 000610 CATCO CLUTCH .& TRANS SVC 6267 04/13/94 1 .28 002335 cELLULAR. ONE 6268 04/13/94 215.60 0051-S3S=-GE14T-RAL LOC JR 1_3AFE c9 ��o n�� x/94 �-23-.-54 000670 CITY COUNTY CREDT UNION 6270 04/13/94 378.85 008184 CITY OF BLOOMINGTON 6271 04/13/94 135.00 008.108 CITY OF ST PAl1L 6272 04/13.194. 1 ,QQO_.QQ 000685. COAST- .TO COAST 6273 04/1.3/94 303:99 ...: .008180. - DANKO. EMERGENCY EQUIPMENT,.' .6274`:04/13/94 111266:07_ - 00807, n-rAM9ND---VOG€1 PA,i rc 275- 0411 -3/94- 485.b4 `- 000810 DICKSON ELECTRIC 6276 04/13/94 1 ,095.00 , .00001 DONNELLY/DAVID 6277 04/13/94 50.00 00002 DONNE' ' WRORERT 627-g 04,11 3/94 Sp_00 005122' . DRUSCH/DONALD. .:,6279. 04/1.3/94 3364.:. OQ0920 FEED RITE CONTROLS : " 6280 04/13/94 1,983.03 000.980-=-.z E---RIPE T-90 L GD 04/13/94 .30-4-00 001025 G & K SERVICES 6282 04/13/94 151 . 13 001030 G & K SERVICES 6283 04/13/94 232.93 nQ120-O GGRH.ER-HEARING_ 6.284 04113 19A 46.762 001250 GRAINGER INC/W W 6285: 04/13/94 . 51 .96 .00001 GRINNEL.L CORPORATION` .62816 %04/1394 188.51 ---007126--HAN-5--ROSACKER GO 6,257-04k13/Q4 40:45 001505 HENN CO SHERIFF 6288 04/13/94 414.99 008113 HENN . COUNTY TREASURER 6289 04/13/94 226.00 0Q150_ HF NN.EP...I.N_C-OUNTY TREASURE 6240-04/-L .194 2-59 .005017 HENNEPIN COUNTY TREASURE- - 6291 04/13/94 1 ,650.00 007066 HENNEPIN TECHNICAL COLL. 6292 .04/13/94 260. 10 00-7-326 ,€NRY-&-ASS�IGIA�€S 62-93-94/--1-3,/94 971-.81 001680 J C AUTO SUPPLY 6294 04/13/94 8.94 007259 JANI-KING 6295 04/13/94 947.85 0-0802-4 TEMS, 62_9"4j13l94 ___38.47 008181 KEA, INC.. 6297 04/13/94, ; 103:30 .00003 KELLY SERVICES, INC: 6298 04/13/94 '; 458.40 __0084-82 --- -L-€AGU-E-0f -MN- RUMAN-RGTS 4 50100--- 002040 0np -_,._002040 LILLIE SUBURBAN NEWSPAPE 6300 04/13/94 175.70 �� 001981 LMCIT 6301 04/13/94 952.88 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE -A3 /-94 10`;35 C-heck-Reg-stor -ter_L-5 4 0 R-V 0 4 15 P A G&----2_ ON K VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 002 4-� ME�Ra-CHIEF--- IRS-©F-F-�GER --X30.2-04 3/9, 60100 008175 MICROFLEX 6303 04/13/94 65.00 000045 MIDWEST BUSINESS PRODUCT 6304 04/13/94 725.27 v^^08045--rN-GeUN-TSF ATTYS P-SSN 6_3,95-4)4-/-1-3-/-94 __67--w w 40 ----- 008183 MN . SUN PUBLICATIONS 6306 04/13/94 80 . 75 005232 MURPHY RADIATOR 6307 04/13/94 32.00 C107144m y ER-SWIL i -AM 63,8--04,L13/94 4Z -2-5- .00004 NAT. FIVE-DIGIT ZIP CODE 6309 04/13/94 . 14.00 008138 NEHRING/ROBERT 6310 04/13/94. 25.00 .02630 -eR4-H-STAR-Tk}R-F ANG 6 z 1 GA-/-W-9 4 -44. 7 002680 NORTHERN STATES POWER 6312 04/13/94 5,748.56 007043 NORTHERN STATES POWER 6313 04/13/94 2,312.26 -0452-14 QPM-I-N€GRMA-T-1-0M-S-YST-EMS 63-1-4-44/_1.3/_94 1-35-.-00 007217 PARTS PLUS 6315. 04/13/94 116.08 002880 PITNEY BOWES INC 6316 04/13/94 59.91 007314 GS-TMA-S-TER 6317 04/13/94 .00003 ROSEVILLE CHRYSLER 6318 04/13/94 247.23 007047 SCHUTTA'S HARDWARE 6319 04/13/94 3.28 9�1o31a�--�ER�9 L- T0-T0 I 632 04/13/94 360-�00 -003460 SPRING. LAKE :PARK."LUMBER' " 6321.. 04/13/94 21-.31 002420 STAR TRIBUNE,` 6322° 04/13/94 371 .88 034BGQ-ZAT-E-T EA£H&ER 6323-n- 3/94 161'. 003490 STREICHER 'S 6324 04/13/94 36.00 .00005 TIEDE/KIM 6325 04/13/94 50.00 0 AC4--P-R LN T I N G biz? 04/13/94 ;00002 TRI STATE BOBCAT., INC. 6327 .04/13/94 178.51 003655 TWIN CITY OXYGEN. . : 632804/13/94 45.00 N--FRMS--JJNL-lMD 6329 n4/94 ? 33.83 002700 US WEST COMMUNICATIONS 6330 04/13/94 620.92 003735 WASTE MGMT 6331 04/13/94 181 .45 0052555€LLS 6332-041.3/-94 16560" 003820, ZAHL..EQUIPME_ NT ..COMPANY ..-,6333. 04/1,3/94 15.98 .00006 ZIP+4 STATE DIR, ORDERS 6334. 04/13/94 15.00 FIRSTAR ST. ANTHONY CHECKING 29, 564.07 *** BRC FINANCIAL SYSTEM CA^SLT� . ANTHONY VILLA -•-�"V4 07794 1-n Geek e�F - - G- 40R'..VO4 . t G PAGE- BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 000135 AMERICAN RISK SERVICES I 6337 04/27/94 377.00 005201 AMERICAN STORES 6338 04/27/94 12.27 1138 At eON_TRfl L m 6-3-&9-04/-Z7-/-94 180:fl0 007201 APACHE GROUP 6340 04/27/94 224.40 000010 AT & T CONS PROD DIV 6341 04/27/94 34.20 nn0320 BETc+S }��FGER A�P61ANGE `.342-04/-27/-94- 3:7 007302 BRAKE & EQUIPMENT WAREHO 6343 04/27/94 10.97 007315 BROWNING-FERRIS INDUSTRI 6344 04/27/94 774.80 7t6 N- SME 04/2`t7 - 000625 COPY DUPL PRODUCTS 6346 04/27/94 75.00 008180 DAN�KO pEMERGENCY EQUIPMEN 6347 04/27/94 13.05 _...� . "6349- 04/27/94 24'.00 008139 DORADOS: CORP w,- 005048. °`DPC. INDUSTRIES. INC 6350 04/27/94 366:93 FOCUS NEWS 6351 04/27/94 .99- 001025 G & K SERVICES 6352 04/27/94 111 .68 001030 G & K SERVICES 6353 04/27/94 154. 10 00 057 Grury _ . 001145 GLENWOOD . INGLEWOOD, :`6355'04/27/94 _39:45 001601 INGMAN LAB..:. 6356' 04/27/94-: 82.50AOL- , -:. 00' bTO-SUP•P .f 9 7-35 .00001 KELLY SERVICES, INC. 6358 04/27/94 458.40 001810 KIWANIS CLUB 6359 04/27/94 62.50 42---K-R9EPL-IN7169Ni+lr 6_360-04-k2-7/94 04--2-7/9 fir- 001981 LMCIT. ..._: 6361: 04/27/94 136.37 008162 MEREDITH CABLE 6362 04/27/94 2. 16 �W€3T=ASPH AtT-COR 4/`277 9 .44- 000045 MIDWEST BUSINESS PRODUCT 6364 04/27/94 187.92 002380 MINNEGASCO INC 6365 04/27/94 4,931 .29 02960-M-1-NNESGTA-8E)LT- & P U�-6 M ., 366-0412-7/-94 - - - "49--. 12 . 005084 . : . . N.:.S° R... M A..A. _6367.`.04/27/94 . -.:..150:00. 007327 NORTHEASTER &' NORTHNEWS 6368 04/27/94 36.00 . 02680--NIDR-THERN--STPrTE3-POWE 6369-047"Z7-/94 X589:28 .00002 NOTARY LAW INSTITUTE 6370 04/27/94 70.00 007217 PARTS PLUS 6371 04/27/94 28. 11 00&1.58 RAMSEY-eOU� 72-fl4/-2�94--- 716:71 :.: :. :. .:`-005293 ROAD RUNNER 6373: 04/27/94 14. 10 003080 ROLLINS OIL CO : 6374' 04/27/94 6.24 3`315--SERCO-tABORA-TOR-T£ 5-04t2'7-/94 is.00-- 005285 SROGA'S 6376 04/27/94 50.00 003260 T A SCHIFSKY &- SONS 6377 04/27/94 179.88 0356 PRINTit� x-02 620--- 003600 : " TURF SUPPLY COMPANY . ., "6379. 04%27/.94 888:96 007044 % '•TWLN CITY_ JANITOR -SUPPLY': ='`. ` 6380 _:: 04/27/94 121: 72; . .o y>...... . 08()10--U TfORMS-UNt-IMi-TE .. 8T=4472-7-/9 ._85-:750 002700 US WEST COMMUNICATIONS 6382 04/27/94 931 .30 003710 VAN 0 LITE INC 6383 04/27/94 65.49 57 FIRSTRR_';ST•A"ANTHON_Y-. CHECICINC3 ,>='='-- - 15,740. 1 CITY OF ST. ANTHONY 3 PLANNING COMMISSION MINUTES 4 5 April 19, 1994 6 7 Chair Gondorchin opened the meeting at 8:02 P.M. with the Pledge of Allegiance. 8 9 Commissioners Present: Gondorchin, Faust, Bergstrom, Makowske,Thompson, and Horst. 10 11 Commissioners Absent: Franzese. 12 13 Also present: .Larry Hamer, Interim City Manager 14 William Soth, City Attorney 15 16 APPROVAL OF FEBRUARY 15, 1994 PLANNING COMMISSION MINUTES. 17 18 Motion by Faust and seconded by Makowske, to approve the February 15, 1994 Planning .19 Commission minutes with the following changes: 20 21 Page 2, line 20: Change "1994" to "1993" after the word "October". 22 Page 2, line 21: Insert the word "been"-after"would have". Page 2, line 29: Insert the word "was" after "StrategiCare". 4 25 Motion carried unanimously. 26 27 DESIGNATION OF.COMMISSION REPRESENTATIVE TO THE MAY 10, 1994 28 CITY COUNCIL MEETING. 29 30 Commissioner Thompson will represent the Planning Commission at the City Council's May 31 10, 1994 meeting. 32 33 PUBLIC HEARINGS 34 35 Darrin and JoAnn Mercil. setback variance for 3112 Silver Lake Road 36 37 Chair Gondorchin opened the public hearing at 8:04 p.m. for a petition for a setback variance 38 request for Darrin and JoAnn Mercil, 3112 Silver Lake Road. Notices of the public hearing 39 had been published in the St. Anthony Bulletin on April 6, 1994 and mailed to property 40 owners within 200 feet of the subject property. 41 42 Staff Report 43 4P5 Interim City Manger Hamer told the Commissioners of the previous hearing at which Mr. Mercil requested a variance to put his house five feet from his property line at a 23 foot 1 Planning Commission Minutes 2 April 19, 1994 • 3 Page 2 4 5 setback. Mr. Hamer noted that this is not a pre-determined variance by the City Council as 6 is being rumored. Mr. Mercil had requested a five foot setback off the back property line and 7 23 feet from front property line. Mr. Mercil did not receive the results of his survey until 8 after the initial variance had been granted. This survey shoved that the City owns a 66 foot 9 right-of-way rather than a 60 foot, and all of it is on his side. His house would, based on this, 10 be set five feet from his property line, which would result in 9 feet to his neighbor's house. 11 Mr. Mercil, due to being at risk of losing his financing, put in the foundation, with the 12 Council's approval, with the written statement that he would remove it if the variance is not 13 granted. The house right now is sitting at a 23 foot setback which was granted at the last 14_ variance. The request is 8 feet, which brings it 15 feet to the property line. 15 16 Commissioner Faust asked how this differs from the previous request. The Interim City 17 Manager stated that the garage was the last variance request. The change in the variance 18 request is due to the change in the 6 feet of right-of-way, which would put the house closer 19 to the neighboring house. 20 21 Mr. Mercil addressed the Commissioners, stating that what was requested the last time 22 turned out not to be the case and he believes that all the Commissioners are familiar with the 23 story. The problem occurred when the survey came back at the time they were ready to 24 begin building, and he was in danger of losing his financing. The Mercils approached the 25 City Council to request changing the variance. The City Council stated the Mercil's would 26 have to re-apply for the variance. The Mercils are doing this now, but due to time 27 constraints, they have had to put in the full foundation, which has been done in accordance 28 with the 23 feet of the original variance. This will be removed if the variance is not granted. 29 30 Mr. Mercil produced two pictures which were presented to the Commission members which 31 showed markings between his home and the south house on the current variance. It would 32 be close enough to present a drainage problem and would produce more of an "inner city" 33 rather than suburban appearance. Moving the house 9 feet away (the current request) would 34 resolve the drainage and appearance problems. Mr. Mercil showed two more pictures to 35 Commission members. Measurements were taken on the other two sides and they have 36 looked at the homes on the west and east. The City has restricted the Mercils to having the 37 garage facing Townview,which leaves them with no back yard, so the house was designed 38 to use the side yard as part of the back yard. Tucking the garage under and extending it out 39 an additional eight feet, they gain a full garage. Putting the garage on the left side of the 40 home would have eliminated any possible side yard on the lot. If the garage had to be placed 41 on that,side,the lot would have been unusable for their home. Mr. Mercil passed three more 42 pictures to Commission members showing that the other homes approximately line up. Also 43 included was a picture of the white house to the east across Townview, showing that it is 44 closer to the Townview street than his whole project. Also, if the proposed home had been • 45 located without the new variance, they would not have had to touch the little yellow house 1 Planning Commission Minutes April 19, 1994 3 Page 3 4 5 previously on the lot. One of the pictures showed stakes indicating the lot line and the 6 previous location of the little yellow house. Mr. Mercil wishes to build in a manner to 7 enhance the community. He welcomed any questions by the Commissioners. 8 9 Commissioner Makowske asked Mr. Mercil if relocating the house according to the new 10 variance request would alleviate the drainage problem. Mr. Mercil stated that by moving the 11 house they would be able to drain adequately down their own property. 12 13 Commissioner Horst requested clarification that the original variance was to move the house 14 forward on the lot, and the current variance request was to move the house north 8 feet, and 15 requested what difference in space this would make. Mr. Mercil answered that the previous 16 distance between houses was 9 feet, and this variance would make that distance 17 feet. 17 18 Chair Gondorchin asked if there were any opposing questions. 19 20 Mr. Earl H. Dahl, 2920 Townview, asked why the new survey changes the old one. Chair 21 Gondorchin asked Mr. Mercil for clarification between the old and new surveys. Mr. Mercil 22 said two of the markers had been found by the surveyor. Mr. Dahl stated that his house, according to the new survey, is not 7 feet from the lot line. Interim City Manager Hamer 4 stated that in the 40's to early 50's,when Mr. Dahl's house was built,the City did not receive 25 surveys on the houses, so the City doesn't have anything to compare the current survey to. 26 Mr. Dahl stated that if he tried to claim his full 68 feet of lot,he'd cut into his next neighbor's 2 7 property. Mr. Hamer stated that the surveying company can redo the survey to explain the 28 differences or find any mistakes. The surveys are certified, and clearing up difficulties 29 should be part of that fee. 30 31 Commissioner Faust stated that the survey could very well be accurate, but that the builders, 32 while craftsmen, weren't necessarily accurate at placement of the building on the lot. Mr. 33 Dahl stated that back then there wasn't even a street. Mr. Faust suspects that Mr. Dahl still 34 has the proper lot size, but that-the house is simply misplaced on the lot. He suspects that 35 the builders told Mr. Dahl his house was 7 feet from the lot line when it was really 5 feet. 36 37 Mr. Dahl asked where the survey starting point was. Mr. Hamer asked Mr. Mercil where the 38 markers were found, and Mr. Mercil agreed with Mr. Hamer that he believes they were the 39 markers next to Silver Lake Road. Mr. Hamer said that typically surveyors need to do the 40 entire block when they do a survey. 41 42 Mr. John Mudek,2916 Townview, stated he is concerned about the salability of Mr. Dahl's 43 home in the future, although this does not directly affect him. Mr. Dahl's lot line is now on his sidewalk. Although this does not affect Mr. Mudek directly, he feels the Planning 1 Planning Commission Minutes 2 April 19, 1994 • 3 Page 4 4 5 Commission should be aware of this. In fact,the lot line runs down the center of Mr. Dahl's 6 sidewalk,which is against the side of his house. Chair Gondorchin stated there is no change 7 in lot line,just in where the house actually sits on the lot. 8 9 Mr. Dahl had been concerned about encroaching on Mr. Mudek's property for his full 66 feet. 10 Mr. Mudek understands that Mr. Dahl's house is just situated differently than was thought. 11 Mr. Mudek requested that the survey be redone to be sure that everything is accurate. Mr. 12 Hamer stated that when surveys are done on residential properties, the buyer usually surveys 13 before purchasing the house. Since nobody in this case did that, the problem is surfacing 14 now. Mr. Hamer stated the example of people having lot lines strung by the monuments 15 when they go to build a fence, and finding that a neighbor's fence is actually on their lot. 16 Letters are then sent by the City to the fence owner asking that the fence be removed to the 17 proper place and a proof available that this has been done. Some people have simply given 18 the misplaced fences to the people who own the property the fence is on rather than move 19 them. Mistakes in surveys do happen, and lot lines aren't always where people think they 20 are. 21 22 Chair Gondorchin asked if there were anymore comments. The Public Hearing was closed 23 at 8:28 p.m. He asked the Commissioners for their discussion. 24 25 Commissioner Horst stated he had reviewed the site and that it does have a unique situation 26 due to the extra 6 feet of setback,which only occurs on that block and one other block in the 27 City. The street is actually what causes the house to be out of compliance. If it wasn't for 28 the extra 6 feet,the question would only be over a 2 foot variance. 29 30 . Commissioner Faust stated that there were two issues with the first variance: 1) that there . 31 was no survey,-and 2)there was no knowledge of the extra 6 feet of right-of-way. He feels 32 that this variance request is actually an improvement over the first. He would definitely be 33 in favor of recommending the approval. 34 35 Chair Gondorchin stated he does not feel the plight was created by the owner. This is a 36 requirement for approving the variance. Also, the redevelopment will greatly benefit St. 37 Anthony. The lot can't be put to use by today's standards any other way. He would only add 38 to the motion that the survey be rechecked to satisfy Mr. Dahl and any other neighbors. 39 40 Commissioner Makowske moved to approve the variance to send it to the City Council with 41 the original conditions plus the condition added here. It was suggested that the original 42 conditions be stated for inclusion in the minutes as well as the new condition and the 43 addition of the extra 6 feet of right-of-way which applies to all the houses on this side on this 44 block. • 45 1 Planning Commission Minutes April 19, 1994 3 Page 5 4 5 Makowske amended his motion. 6 7 Motion by Makowske, second by Berg to recommend Council approval of the variance 8 request from Darrin and JoAnn Mercil, for 3112 Silver Lake Road, as follows- (1) the lot 9 limits the position of the home; (2)the City requires that the garage face Townview Avenue; 10 (3) the lot is platted and buildable, but the previous home was small and not of today's 11 standards; (4)because of the additional 6 feet right-of-way along street there is an additional 12 circumstance that is found in almost no other place in this City; and (5) that the survey be 13 rechecked to satisfy the neighbors. 14 15 Motion carried unanimously. 16 17 18 Conditional use permit and setback variance request by Merlin Olson, for 2700 - 37th 19 Avenue N.E. 20 21 Notice of the public hearing had been published in the St. Anthony Bulletin on April 6, 1994 �22 and mailed to property owners within 350 feet of the subject property. 24 Staff Report 25 26 Interim City Manager Hamer reported that C.M. Corp was requesting a variance of 9 feet to 27 the front on 37th Avenue N.E. and 5 feet to the side facing Stinson Boulevard and a building 28 variance of-11 feet. They are planning to tear down the existing gas station and put up a 29 convenience store with gas pumps and a canopy. This would bring the building 30 approximately 9 feet 6 inches to the property line,the setback to residential is 20 feet. The 31 canopy is off by the street setback of 35 feet. 32 33 Chair Gondorchin asked if a comprehensive sign plan had been submitted. Mr. Hamer stated 34 it had not been submitted. Bill Martin, representing Mr. Olson, stated that the sign on the 35 elevation drawing was not the one which would be used, but that one on a pole would be 36 used, not a monument type. 37 38 Chair Gondorchin asked what site differences exist between the blueprints that Mr. Martin 39 had with him and the drawing submitted to the Commissioner members. Mr. Hamer stated 40 that all gas stations are conditional uses, and since the present structure will be torn down 41 and new construction done on the property,any conditions the Commissioners desire can be 42 placed on the project. Mr. Martin stated that to the best of his knowledge there were no 43 differences between his blueprints and the elevation drawing. Chair Gondorchin again asked about the planned sign. Mr. Martin stated that they are requesting a pedestal sign mounted on a pole, but it would not be a high-rise sign. Mr. Martin requests a sign as pictured in 1 Planning Commission Minutes 2 April 19, 1994 • 3 Page 6 4 5 front. There were earlier drawings with more than one sign,but the owner has now decided 6 to go with one sign, such as the one on the picture, with brick. Commissioner Horst asked 7 if the proposed sign complied with the City's ordinance, and Mr. Martin stated lie was not 8 sure. Mr. Hamer stated that the sign had not been presented vet, but must be presented with 9 all measurements, and location, and if the sign was too big, they would have to come back 10 with a new plan. 11 12 Chair Gondorchin suggested that Mr. Martin submit a short dissertation on the entire 13 concept, including traffic flow, hours of operation, etc.. Mr. Martin stated he thought that 14 the hours of operation would be 6 a.m. to 11 p.m.. Mr. Olson, according to Mr. Martin, 15 operates two other convenience stores. He also explained the request to close 2 existing 16 approaches, the need by today's standards for a canopy, sufficient space for traffic flow of 17 cars and parking. Chair Gondorchin asked the projected size of the new building. 18 Convenience stores today are starting at approximately 3,000 square feet, whereas this plan 19 will provide a bare minimum of 2,500 square feet (60 feet by 36 feet). Chair Gondorchin 20 stated that he and Commissioner Franzese had wondered about the proposed driveways, i.e., 21 would the driveway on 37th Avenue be a right turn only on exit, given the traffic from the 22 stoplight at 37th and Stinson? Mr. Martin stated that part of the reason for changing the 23 driveways was to increase safety while maintaining flow, but that they had not considered 24 making the 37th Avenue exit a right turn only. Mr. Hamer stated that stations historically 25 are on corners and their driveways are close to the intersections. 26 27 Commissioner Makowske stated that he sees two issues, the conditional use permit and the 28 variance request. He thinks they can be taken together during the process. Part of the 29 requirement for recommending approval for a variance is that there must be a hardship due 30 to the land or to convect extraordinary circumstances, and the submitted documents address 31 the conditional use more than the hardship question. The only thing Mr. Martin can see as 32 far as hardship, is that the owner could operate with the existing building, which Mr. Martin 33 assumes is well within the setbacks,but the operation would not be-profitable. Mr. Martin 34 again stated the layout must be directed by customer flow, and that the proposed plan is the 35 most convenient for a convenience store. 36 37 Commissioner Faust asked Mr. Martin how long Mr. Olson had owned the property. Mr. 38 Martin stated that he understood that Mr. Olson bought the station last fall and promptly 39 painted it. Commissioner Faust asked where Mr. Olson's other two stations were;Mr.Martin 40 answered that they are located on University Avenue N.E. in North Minneapolis, and 41 Johnson Street N. E. in North Minneapolis. Commissioner Faust confirmed that the name 42 of the store is Stop N Go, and asked what kind of gas they handled. Mr. Martin thought it 43 was Phillips 66, but Commissioner Thompson thought it was Conoco, in which case there 44 would be a competitor within a few blocks. Commissioner Faust wondered if more building • 45 plans had been done. Planning Commission Minutes 3 April 19, 1994 4 Page 7 5 6 Chair Gondorchin stated that the Commission is more accustomed to seeing additions to 7 existing structure rather than new construction. Since this is a new project,they want a better 8 idea of scale. Mr. Martin asked if what the Commission was asking for was more building 9 plans. Chair Gondorchin stated that he did not want to stall the project,but he wanted to poll 10 the Commissioners as to whether this should be delayed until more comprehensive plans 11 arrive. Chair Gondorchin stated there was no time line in the request. He doesn't feel the 12 request is unreasonable, and that the variance could be granted.due to the facility being 13 outmoded by today's standards. 14 15 Commissioner Makowske agreed with Chair Gondorchin, but felt that more details are 16 needed. He has no problem with the conditional use permit, although he feels the 17 Commission should hold off on-that until the variance is settled. His biggest concern is that 18 a hardship should really be caused by the land,and since it is conditional use,he'd like to see 19 it upgraded. He's not sure there is a case for hardship there with reference to how the land 20 is zoned or other situations like that. Chair Gondorchin stated that, having been a patron of 21 the previous facility, a retail facility could not be operated there due to lack of parking, and 22 that is a hardship. Commissioner Makowske stated that parts of the plan that are sketchy 0 include the sign, to make sure that it is conforming. Commissioner Faust stated that he 24 would like to see Mr. Martin return to Mr. Olson, who has previously dealt with the 25 Commission,and make sure nothing is forgotten, e.g.,the lighting, signage on the canopy, 26 etc.. -Commissioner Faust thinks the conditional use and variance should be done together 27 for the good of the project. However,unless the Commission is very definitive on what the 28 conditions and requirements are, the Commission will be surprised later on and more 29 variance requests will come in. Chair Gondorchin stated that this had been presented as a 30 concept review, the Commission likely would have said "great, now get us some detail." 31 He asked Mr. Hamer about the conditional use aspect, especially hours of operation. Mr. 32 Hamer stated that 12 midnight was the limit. 33 34 Commissioner Faust stated that because of the gas station use, there are some potential 35 pollution problems, and that if they tear down the old building they'll have to bring it up to 36 current standards. Mr. Martin stated that the property already has been impacted and there 37 is an environmental consultant working on it. Commissioner Makowske asked if this meant 38 contaminated soil removal, and Mr. Martin stated that this was already scheduled. 39 Commissioner Faust stated that was an example of the kind of condition the Commission has 40 to put on the project, even though it's already being done, to protect the community. 41 Commissioner Thompson asked about the current underground tanks, and Mr. Martin stated 42 they had already been removed. Chair Gondorchin stated that the elements that need 43 consideration include the hours of operation, contaminated soil, lighting consistent with similar operations; the canopy, including lighting,direction, and signage. The City does not 45 1 Planning Commission Minutes 2 April 19, 1994 • 3 Page 8 4 5 intend canopies to be billboards. Mr. Martin asked if this could be tabled until next 6 meeting,and he'd bring more information. 7 8 Chair Gondorchin asked the consensus of the other Commissioners regarding the concept. 9 Commissioners Bergstrom, Thompson, and Faust supported the concept. Commissioner 10 Horst stated he had a problem conceptually with the building itself and only 9-1/2 feet to the 11 property line,and the impact it would have on the neighbors. Mr. Hamer stated that mailings 12 had been sent to the neighbors and no one is at the meeting. Mr.Martin stated he had spoken 13 with the neighbors on both sides(the occupants, not the oNNmers)and explained the proposed 14 landscaping and that they had no problems with it. Commissioner Horst again asked what 15 the variance should be based on. He asked Mr. Martin if there was any other design that 16 _ could be used here. Mr. Martin stated that they could draw plans based on the current 17 setbacks, and try to build within them, but it usually doesn't work. Commissioner Horst 18 stated that he would like to see that, that he doesn't have a problem with the front of the 19 property, but with the building being so near the back. 20 21 Commissioner Makowske agreed that a hardship other than economic must be proven to 22 approve the setback. Other than the question of hardship,he's in favor of the project. Mr. 23 Martin stated that the next set of drawings would have more detail. Chair Gondorchin asked • 24 if next month's appearance should be a concept review. Commissioner Faust is concerned 25 that the Commission not thwart the owner's efforts and he feels that the decision should be 26 made next time, rather than do a concept review. 27 28 Chair Gondorchin stated that he does not have as much of a problem with the size of the 29 building as with whether or not the package is to the current standard. There is no strict 30 regulation as to how near it is to the lot line, especially with respect to granting a variance. 31 Commissioner Horst questioned Mr. Martin as to standard sizes of convenience stores. Mr. 32 Martin reiterated that the general market currently has convenience stores at 3,000 feet. 33 Commissioner Horst asked if this was a realistic goal given the size of the lot, and Mr. 34 Martin stated yes. The Commissioners discussed Mr.Martin's difficult position speaking for 35 Mr. Olson,and the Commission making recommendations based on Mr.Martin's statements. 36 Mr. Hamer suggested Mr. Martin that Mr. Olson should attend the May 17th meeting. There 37 was some question as to Mr. Olson possibly desiring 24 hour operation in the future. 38 39 Chair Gondorchin asked about the building size. He asked the Commissioners if there was 40 a size they had in mind. There was debate about different building sizes between 700 square 41 feet and the proposed 2,500 square feet. Commissioner Horst wondered how a variance 42 could be granted if there's no hardship and if there's nothing special about the lot. .43 Commissioner Makowske stated that technically the Commissioners could be liable for their 44 decision and had to have a good basis for that decision. Commissioner Bergstrom asked if • 45 Planning Commission Minutes April 19, 1994 3 Page 9 4 5 6 the conditional use could be used to set the hardship. Commissioner Horst stated that the 7 person using the property can't create a condition. 8 9 There was further discussion,with the consensus that Mr.Martin should take back for further 10 detail: lighting, signage (canopy and monument), landscaping, screening, outside trash 11 (fenced or merely screened). With regard to landscaping, with only 9 feet 6 inches, there 12 isn't a lot of space to work with, and what can be put in that won't offend the neighbors. 13 Some of this is aesthetics, but needs to be addressed. 14 15 Mr. Martin was informed of the date of the next Planning Commission meeting is May 17th. 16 There was discussion as to the Commission's responsibility to notify owners in the vicinity 17 of the property. The neighboring properties are rentals, and the notice is sent both to the 18 renter and the owners. Discussion was held concerning using certified mail to notify owners, 19 and how the public notice in the paper constitutes notice. 20 21 Motion by Makowske, second by Horst, to table this request until the next Planning y2 Commission meeting on May 17, 1994. 24 Motion carried unanimously. 25 26 Miscellaneous 27 28 Interim City Manger Larry Hamer reported the he met with the Development/Redevelopment 29 Task Force and that they are splitting up into groups and looking into different properties 30 which they identified as needing redevelopment or development. They suggested at the 31 meeting that Planning Commission members become involved in the meetings, perhaps 32 observe in some of the committees as to recommendations of what to do with some of the 33 properties. Commissioner Makowske stated he did arrive for the March meeting, but it had 34 apparently been canceled. He is, however, still interested in being a member of the Task 35 Force. 36 37 Commissioner Bergstrom reported on the Environmental Quality/Recycling Task Force met 38 last week and chose a two-fold path: 1) take last year's lessons and convert them to action 39 and 2)be open and flexible on new issues. Tasks being developed are: 1)public education, 40 2)homeowner conservation, 3) surface water quality,especially regarding Silver Lake. The 41 Task Force has broken up into sub-groups which will, over the next two months, define a 42 specific, achievable goal for the next 12 months. 3 Commissioner Faust asked Mr. Hamer about progress with Cub Foods at Apache. Mr. 45 Hamer indicated he spoke with Dennis Cavanaugh of C. G. Rein, Co., managers of Apache 1 Planning Commission Minutes 2 April 19, 1994 • 3 Page 10 4 5 6 Plaza. There was further general discussion of the situation. The status of the Apache New 7 Market was also discussed. 8 9 Commissioner Horst stated that he and Commissioner Bergstrom had attended Planning 10 Commissioner training. They both found it very valuable, although Commissioner Horst 11 was forced to miss the second half .He would like an opportunity to attend the second half 12 at a future date. 13 14 Commissioner Makowske stated that he is still interested in the Economic Redevelopment 15 Task Force. He also found the,GTS meeting very beneficial,especially Peter Bennett's help 16 with questions. The meeting stated that planning commissions should be working 90% in 17 the future and 10%the kinds of things the Planning Commission dealt with.at this meeting. 18 He's not sure how applicable that is to this Commission, considering the state of 19 development of the city. 20 21 Chair Gondorchin asked Mr. Hamer about the Road Task Force and where they are with 22 sidewalks and paving paths. Mr. Hamer stated that the Task Force is in the process of 23 prioritizing these projects, but it is a slow process. 24 25 Chair Gondorchin asked about a zoning news subscription flyer he had received in his 26 meeting packet. After discussion and comparison it was decided that this was for the 27 national version of a newsletter the City currently subscribes to. Both are published '2 8 by the American Planning Association; St. Anthony subscribes to the Minnesota chapter's 29 newsletter. Mr. Hamer will look through his mail to see if he can find it, and will pass 30 anything interesting on to the Commission members. 31 32 Commissioner Horst thanked Mr. Hamer for the new chairs. 33 34 Chair Gondorchin stated he really enjoyed the program at the Volunteer-Dinner. Cal Stoll 35 was very informative and entertaining. He supports the idea of volunteering and appreciates 36 the people who do it. . 37 38 Motion by Faust, second by Makowske to adjourn the meeting at 9:45 P.M.. 39 40 Motion carried unanimously. 41 42 Respectfully submitted, 43 44 Lois Bjelke. • 45 Secretary • STAFF REPORT DATE: March 25, 1994 TO: Planning Commissioners FROM: Larry Hamer, Interim City Manager ITEM: SETBACK VARIANCE REQUEST FROM DARRIN MERCIL FOR 3112 SILVER LAKE ROAD • Darrin and JoAnn Mercil were granted a variance on November 9, 1993 for the property at 3112 Silver Lake Road. A survey was subsequently done and they discovered that if their home were placed where they had indicated at the time the first variance was requested, it would be only 9 feet from the back of their house to the back of their neighbor's home. The original variance was for 23 feet to the front yard property line(a 7 foot variance) and 5 feet to the back property line (a 20 foot variance). The Mercil's are requesting 15 feet to the front property line (a variance of 15 feet) and 13 feet to the rear property line (a 12 foot variance). Granting this variance would place their home 23 feet from the property line and the garage will extend to the north 8 feet. Placement of the home will be equal to the adjacent home and the garage will extend 8 feet in front of the adjacent structure to the west. CITY OF ST. ANTHONY NOTICE OF HEARING SETBACK VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, April 19, 1994 at 7:05 P.M., or as soon thereafter as possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Applicant: Darrin and JoAnn Mercil Property Address: 3112 Silver Lake Road; R-1 zoning classification Proposal: Petition for the following variances: front yard setback variance of 15 feet and back yard setback variance of 12 feet. The request • would allow the redevelopment of a platted and buildable lot where hardship is caused by City Ordinances created after the lot was platted. Anyone wishing to be heard with reference to the above matter will be heard.at said time and place. Questions regarding this matter may be referred to the Interim City Manager, 789- 8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Larry Hamer Interim City Manager . Publish: Bulletin, April 6, 1994 ( . 0 Other.........$100.00) CIN OF ST. ANTHONY • Petition for Variance Applicant: J Address: Phone: Status of applicant (owner, buyer, renter, agent, etc.): Street address and/or legal description of property petitioned for variance: fi.` - Zoning district in which property is located: - 1 Request: < r� ., `. ,fir•• 1RziU.+'CA� :(,kcx c PCC-+ n.Jd 1°itA Minnesota dtatutes G 9�LGl l�� ► t'fr t f- and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinityor zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Signature of Applic t 1. The granting of this variance would relieve an undue hardship. The following hardships are: (1) the topography of the lot limits the positioning of the home; (2) the City requirement of the garage facing Townview Avenue; and (3) the lot is platted and buildable, but the previous home was small and not'of today's standards. 2. The granting of this variance would correct extraordinary circumstances applicable to this property, but not other properties. Most lots are of the appropriate size. There are some that are smaller, and by not granting the variance, redevelopment could not occur. 3. The alleged difficulty or hardship has been caused by City Ordinance, as the City is requiring the front and back yard to be defined in a manner that leaves little.%%idth in a building envelope. In addition, the City Ordinances requirements of setbacks and lot area and width came after the lot was platted. By following the Ordinance, lot would not be redevelopable. The City is interested in redevelopment, as the H.R.A. acquired this property for this purpose. 0592TIFICATE of SURVEY FOR: LARRY BEACH HOMES • • NORTH S4�• R;f ,. S"' .C•�q1•' --Qµ it -f FlSS 100. I =—_ -- �IaJ• N TOUJNVI w ENUE N / 84-Z 160 97-L '��• ` a 12.1 ao I o S�3o 3�4�7P, l N ' a' o f 9�C`6as• I oub LEI. . g4•.9 ®---- ------------------ =p 24 00.4 95• ..e— --- �Tuc °o --- ------ to (o . . 2.0 i 10 uGnKder� I 32 31 . , ar. , Prop. 13 13 M i o ..r _ ---------J House I I I I r,% ftreplcce- 56 90.0 Sid walk. �_ •, •, ®---- 92.7 S 06 1 0. 160 Ilk DIAD: 78 X 38 = 86.8 PROPOSED ELEVATIONS: DENOTES PROPOSED ELEVATION. GARAGE FLOOR = 893.0 (�,,CkWJQI� X1011.2 DENOTES EXISTING ELEVATION. TOP OF BLOCK = 101. 1 DENOTES DIRECTION OF DRAINAGE. LOWEST FLOOR = 893.2- DENOTES WOOD HUB AT 11 FOOT OFFSET. Lot 6, Block 2, BONNIE—VIEW HEIGHTS, Hennepin County, Minnesota. Scale 1 O Denotes Iron Mon.I Bearing Datum: Assumed I Job No. 94113HS Drwg By kb Disk"S We hereby''certify that this is a true and correct representation of E. G. RUD 4 SONS, I a..s&%vey.,of,.the. boundaries of the above described land and of the LAND SURVEYORS location;:,of. all buildings, if any, thereon, and all visible encroachments, SISO LEXINGTON AYE. NO. if any,.: from--or on: said land. E. G�U � CIRCLE PINES, MINNESOTA �'y By. CA-0641 66m14-3626 TEL. ISS-6666 Dated .this:l�day of 1994 Minnesota Reg. No.� CITY OF ST. ANTHONY RESOLUTION 94-031 A RESOLUTION CALLING FOR THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994A BE IT RESOLVED, by the City Council of the City of St. Anthony (the City) as follows: Section 1. impose. The City Council has.ordered the 1994 Road Improvement Project under Minnesota Statutes, Chapter 429, consisting of street reconstruction on 32nd Avenue N.E. from Rankin Road to Silver Lake Road; street reconstruction on Hilldale Avenue N.E. from Rankin Road to Silver Lake Road; bituminous overlay on Croft Drive from 32nd Avenue N.E. to 33rd Avenue N.E.; bituminous overlay on Skycroft Drive from 32nd Avenue N.E. to 33rd Avenue N.E.; bituminous overlay on 31st Avenue N.E. from Rankin Road to Silver Lake Road; bituminous overlay on Rankin Road from 32nd Avenue N.E. to 33rd Avenue N.E.; and bituminous overlay on 32nd Avenue N.E. from Croft Drive to Rankin Road (collectively the Improvements). To finance the Improvements, it is determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1994A in the principal amount of$525,000 (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for sale of the Bonds, which is attached hereto and hereby approved and shall be placed on file with the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisors, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meeting. This Council shall meet at the City Hall on Tuesday, May 24, 1994 at 7:00 o'clock P.M. for the purpose of considering sealed bids for the purchase of the Bonds, and of taking such action thereon as may be in the best interests of the City. Section 4. Reimbursement of Costs from Proceeds of the Bonds. All or a portion of the costs of the Improvements may be paid by the City prior to the issuance of the Bonds to finance the Improvements, and to the extent such costs are paid by the City prior to the issuance of the Bonds, it is the reasonable intent of the City to reimburse all of a portion of the costs of the Improvements paid by the City prior to the issuance of the Bonds from the proceeds of the Bonds. Resolution 94-031 is Page 2 Adopted this day of , 1994. Mayor ATTEST: City Clerk Reviewed for administration: City Manager THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • TERMS OF PROPOSAL $525,000 CITY OF ST. ANTHONY, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994A Proposals for the Bonds will be received on Tuesday, May 24, 1994, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Cer'ral Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated June 1, 1994, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1995. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 1.5th day of the immediately preceding • month. The Bonds will mature February 1 in the years and amounts as follows: 1996 $10,000 2000 $30,000 2004 $35,000 2008 $45,000 1997 $25,000 2001 $30,000 2005 $40,000 2009 $45,000 1998 $30,000 2002 $35,000 2006. $40,000 2010 $50,000 1999 $30,000 2003 $35,000 2007 $45,000 OPTIONAL REDEMPTION The City may elect on February 1, 2003, and on any day thereafter, to prepay Bonds due on or after February 1, 2004. Redemption may be in whole or in part and if in part; at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used for street and utility improvements in the City. TYPE OF PROPOSALS Proposals shall be for not less than $517,650 and accrued interest on the total principal amount • of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $5,250, payable to - i - the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to • Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, .then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bc ,ds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals • without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey-& Whitney of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, • the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. - ii - OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 20 copies of the Official Statement and the addendum or addends 'Described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 26, 1994 BY ORDER OF THE CITY COUNCIL /s/Connie Kroeplin City Clerk • - iii - DOFLSEY & WHITNEY A Pwm.-11 1-L1--PYOIC96.-Cosrov. . 220 SOUTH SIXTH STREET *fINNEAPOLIS, MINNESOTA 5 5402-149 8 (612) 340-2600 TELEX 29-0605 FAX(612)340-2868 City of St. Anthony St. Anthony, Minnesota Re: $525,000 General Obliga' '-)n Improvement Bonds, Series 1994A City of St.' Anthony, Hennepin and Ramsey Counties, Minnesota Ladies and Gentlemen: As Bond Counsel in connection with the authorization, issuance and sale by the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota (the "City"), of its General Obligation Improvement Bonds, Series 1994A dated, as originally issued, as of June 1, 1994, in the total principal amount of $525,000 (the "Bonds"), we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds. As to questions of fact material to our opinion we have assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits and certificates, and based upon laws, regulations, rulings and decisions in effect on the date hereof, it is our opinion that: 1. The Bonds are valid and binding general obligations of the City enforceable in accordance with their terms. 2. The principal of and interest on the Bonds are payable from special assessments which the City has levied or agreed to levy on the property specially benefited by the improvements financed by the issuance of the Bonds and ad valorem taxes levied on all taxable property in the City, and, to any extent not so paid, from additional ad valorem taxes required by law to be levied on all taxable property in the City without limitation of rate or amount. 3. Interest on the Bonds (a) is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates or trusts for Minnesota income tax purposes; (b) is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; DORSEY, & WHITNEY $525,000 General Obligation City of St. Anthony, Hennepin, Improvement Bonds, Series 1994A and Ramsey Counties, Minnesota -2- (c) is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts; and (d) is includable in adjusted current earnings of corporations in determining alternative minimum taxable income for purposes of the federal alternative minimum tax imposed on corporations. 4. The City has designated the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and, financial institutions described in Section 265(b)(5) of the Code may treat the Bonds for purposes of Section 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired on August 7, 1986. The opinions expressed in paragraphs 1 and 2 are subject as to enforceability to the effect of any state or federal laws relating to bankruptcy, insolvency, reorganization, moratorium or creditors' .rights and the exercise of judicial discretion. The opinions set forth in paragraphs 3 and 4 are subject to the condition that the City comply with all .the requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes, and the Bonds be and continue to be qualified tax-exempt obligations. The City has covenanted in the resolution authorizing the issuance of the Bonds to comply with these continuing requirements. Failure of the City to comply with these requirements may result in the inclusion of interest on the Bonds in federal gross income and in Minnesota taxable net income, retroactive to the date of issuance of the Bonds. Except as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to owners of the Bonds. We have not been asked, and'have not undertaken, to review the accuracy, completeness or sufficiency of any offering materials relating to the Bonds, and accordingly, we express no opinion with respect thereto. Dated: June , 1994. Very truly yours, CITY OF ST. ANTHONY RESOLUTION 94-029 A RESOLUTION RATIFYING THE 1994-1995 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #49, REPRESENTING THE ST. ANTHONY PUBLIC WORKS DEPARTMENT BE IT RESOLVED, that the 1994-1995 Agreement between the International Union of Operating Engineers, Local #49, representing the St. Anthony Public Works Department, and the City of St. Anthony is hereby ratified and the Mayor and Interim City Manager are authorized to execute the Agreement on behalf of the City. Adopted this day of , 1994. Mayor ATTEST: City Clerk Reviewed for administration: Interim City Manager s CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA APRIL 26, 1994 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF APRIL 26, 1994 H.R.A. AGENDA. IV. APPROVAL OF MARCH 22, 1994 H.R.A. MINUTES. V. PRESENTATION OF CLAIMS. A. PINK $2,382.87. VI. DISCUSSION OF A TAX INCREMENT FINANCING DISTRICT. Bob Thistle from Springsted, Inc. will be present for this discussion. VII. ADJOURNMENT. 1 CITY OF ST. ANTHONY `L HOUSING AND REDEVELOPMENT AUTHORITY MINUTES 3 MARCH 22, 1994 4 I. CALL TO ORDER. 5 The meeting was called to order by Chair Ranallo at 9:55 P.M.. 6 II. ROLL CALL. 7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Treasurer Marks and 8 Commissioners Fleming and Wagner. 9 Staff Present: Interim City Manager Hamer. 10 III. APPROVAL OF MARCH 22, 1994 H.R.A. AGENDA. 11 Motion by Wagner, seconded by Marks to approve the H.R.A. agenda for March 22, 1994. 2 Motion carried unanimously. 13 IV. APPROVAL OF FEBRUARY 22, 1994 H.R.A. MINUTES. 14 Motion by Fleming, seconded by Wagner to approve the H.R.A. minutes of February 22, 15 1994 as presented. There were no changes. 16 Motion carried unanimously. 17 V. CLAIMS. 18 Motion by Marks, seconded by Enrooth to approve the following claims: 19 A. American National Bank in the amount of$260.53 for fees and expenses for GO 20 refunding bonds dated 1-1-91.- 21 B. Stuart J. Bonniwell in the amount of$1,775.00 for services rendered in connection 22 with the audit and preparation of financial report of the H.R.A. for year ended 23 December 31; 1992. s I Housing and Redevelopment Authority Meeting 2 March 22, 1994 3 Page 2 4 C. Dorsey & Whitney in the amount of$2,100.00 for legal services rendered in 5 connection with the $215,000 GO Tax Increment Refunding Bonds, Series 1994A. 6 Motion carried unanimously. 7 VI. ADJOURNMENT. 8 Motion by Marks, seconded by Enrooth to adjourn the H.R.A. at 9:57 P.M.. 9 Motion carried unanimously. 10 Respectfully submitted, 11 Connie Kroeplin 12 City Clerk 13 14 ORIGINAL INVOICE PLEASE RETURN DUPLICATE COPY WITH REMITTANCE t INVOICE INVOICE NO. 631817 AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER PLEASE REMIT TO: THE PINK COAF�PANIES SOB 379861 I P.O.BOX 4DO PINK13x05 Futh.Mmnh M"mAgnwKonN MINNEAPOLIS,h41 55440 PtymDtsoL 55AST 5.2 553.8200 SOLD CITY OF ST ANTHONY SHIP CITY OF ST ANTHONY TO 3301 SILVER LAKE RD TO 3301 SILVER LAKE RO ST.ANTHONY 55419 ST ANTHONY MN 55418 LARRY HAMER -789-8891 INVOICE DATE ACCT.NO. CUSTOMER ORDER NO. F.O.B. TERMS SALESPERSON m0 4/05194 23762 34 5DELIVERED NET 10 -DAYS ROSANNE FARRELL/LAK ITEM NO. AND DESCRIPTION J01 8.00 8.00 .00 EA SEATING-ME 279.690 2237.44 RISC. , SEATING-METAL HARVARD DELUXE 300 SERIES EX- HIS. CHAIR-CK1P135-BK-!TD-UP-6K-V54 FASRIC;GR II V54 SING CHERRY. FINISN;BLACK TAG;COUNCIL CHAMBER C-7 } 1 f . I SUBTOTAL TAX FREIGHT DELIVERY MINIMUM CHARGE MISC.CHARGE INVOICE TOTAL 2237.44 145.43 .00 .00- .00 .00 PLEASE .2382.87 PAY AILURE TO MAKE PAYMENT IN FULL WITHIN OUR TERMS SUBJECTS THE AMOUNT OVERDUE TO A LATE ANY MERCHANDISE ACCEPTED BY THE CARRIER IN GOOD CONDITION IS THE 'AYMENT CHARGE OP 1%%PER MONTH PLUS ANY COLLECTION FEES THAT MAY RESULT. RESPONSIBtUTY OF THE PURCHASER. ALL CLAIMS FOR DAMAGED GOODS NVOICE TOTAL ODES NOT REFLECT DEPOSITS,DOWN PAYMENTS OR ONE-PAYMENT.TITLE TO THE ABOVE M=.CMO.CODES MMOL SY EEIL Olt FACTOR" SHOULD BE MADE VATH THE DELIVERING CARRIER. MERCHANDISE IS NOT MERCHANDISE WITH THE RIGHT OF REPOSSESSION IS RESERVED BY THE PINK COMPANIES UNTIL TME 1.HAHDUMO OIO A KI PAOONO OSUBJECT TO RETURN WITHOUT OUR WRITTEN CONSENT.DISCREPANCIES MUST :ULL PRICE IS PAID,BUT ALL RISK OF LOSS AND DAMAGE IS UPON THE BUYER AFTER DELIVERY. S UHDER mmmvw C11O, SCMM"C.Q. BE REPORTED WITHIN TEN DAYS FROM DATE OF INVOICE. 1 SROKJAI CAM OILL S INSURANCE 01a SPRINGSTED 120 South Sixth Street PUBLIC FINANCE ADVISORS Suite 25 5 :f�.. Minneapolis, MN 55402.1800 (612) 333-9177 Fax: (612) 349-5230 • Home Office 85 East Seventh Place 16655 West Bluemound Road Suite 100 Suite 290 Saint Paul, MN 55101-2143 Brookfield. WI 53005-5935 (612) 223-3000 (414) 782.8222 Fax: (612) 223-3002 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345.1770 April 12, 1994 1800 K Street NW Suite 831 Washington, DC 20006-2200 (202) 466.3344 Mr. Roger Larson Fax: (202) 223-1362 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: St. Anthony Condominiums Request for Tax Increment Financing (TIF) Assistance Dear Roger: At your request, Springsted has done a preliminary review of the information submitted by' John Beal of Burnett Realty. Based on our review, I offer the following observations: • 1. The proposed Assessed Value of $3,060,000 equals the proposed Sales Value of the project. Typically, there is some amount of downward adjustment made by the assessor when valuing the property. I would suggest that the developer take his project information and meet with the assessor to get a more accurate reading of the proposed market value and corresponding taxes that might be paid. 2. When calculating the proposed real estate taxes and estimating the size of the Tax Increment, a tax rate of 2% was applied to the entire assessed value. For homestead property, the first $72,000 of value is taxed at 1.0%. Using the amounts and method used by the developer in determining the annual taxes, the related Tax Increment would then be $30,645. After deducting the City's 10% administrative costs, the available Tax Increment would be $27,580. I would caution that, until this project has been reviewed by an assessor and some tax estimates have been obtained, the Tax Increment amounts referenced above are speculative. 3. The.Profit and Risk at $13,524 per unit is more than double the amount we are used to seeing on a development project with of this type when there is public assistance. 4. 1 am not clear about how much TIF the developer is requesting nor how he wants to receive it (i.e., upfront vs. pay-as-you-go). . It appears the developer is requesting assistance for the following items: • Demolition $ 35,000 Utilities $ 25,000 Land Write-down $265,839 City of St. Anthony, Minnesota April 12, 1994 Page 2 • 1 assume the demolition and utility numbers will be verified by an engineer estimate and finalized with bids. The developer is purchasing the land for $13,375 per unit and representing that the project can only support $2,298 per unit for the land which would require a write-down of$11,077 per unit. This appears to be an area which needs further discussion. 5. If the developer would like an upfront subsidy, you could either sell bonds for the project, use other available City funds, or use up to 25% of the excess increment generated by the Kensington Project. If the developer would like a pay-as-you-go subsidy, a structure could be negotiated based on the amount of annual Tax Increment received by the TIF District. However, I am not sure how a pay-as-you-go TIF would work on a for-sale condominium project. This would be an unusual structure as there would be at least 24 separate owners, the condominium association paying the taxes, and a different non-related entity receiving the TIF assistance. To move this project forward, I would suggest the developer pursue discussions with the assessor and then meet with you and representatives from our office to further define the request and discuss a final structure for the project. Yours truly,,, ktar_�" Robert D. Thistle Vice President pip /Saint Paul Office cc: Mr. Larry Hamer, Acting City Manager, St. Anthony Keith Jans, Senior Finance Manager, Springsted Incorporated •