HomeMy WebLinkAboutCC PACKET 05242005CITY OF ST. ANTHONY
Our Mission is to be progressive and livable community, a walkable village, which is safe and secure.
CITY COUNCIL MEETING AGENDA
May 24, 2005
7:00 pm Council Chambers
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the following items:
I. Approval of the May 24, 2005, City Council Meeting Agenda,. (action requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a
Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of May 10, 2005, Council Meeting Minutes. (pp. 1-10)
B. Licenses and 'Permits. (p. 11)
C. Claims. (pp. 12-13)
D, Resolution 05-41; Joint Cooperation Agreement with Hennepin County (pp.14-23)
IV. Public Hearings.
A. For Intoxicating liquor license for St Anthony Restaurant Group, dba Huskies
Restaurant and Bar. (pp. 24-36)
V. Reports from Commission. (Victoria Young, planning commissioner presenting.)
A. Resolution 05-42; A lot coverage variance for the property at 3217 — 315t Avenue NE.
(pp. 37-38)
B. Resolution 05-43; A text amendment change to the Ordinance to allow cemeteries and
funeral homes in Zoning district R-1 as a conditional use. (pp. 39-42)
(pages 43-49 address items C- F)
C. Resolution 05-44; A Conditional Use Permit to allow a restaurant within 250 feet of a
residential property for the development located at 2714 Highway 88.
D. Resolution 05-45; A variance for building setback for the development located at 2900
Kenzie Terrace.
E. Resolution 05-46; A variance for parking for the development located at 2900 Kenzie
Terrace.
F. Resolution 05-47; A Conditional Use Permit to allow a drive-thru on the development
located at 2900 Kenzie Terrace.
G. Resolution 05-48; Approving intoxicating liquor license for St. Anthony Restaurant
Group, dba Huskies Restaurant and Bar. (pp. 50-51)
FACouncil Meetings1052420051agenda.doc
P
CITY OP ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MAY 10, 2005
4
5 CALL To ORDER.
6 Mayor Faust called the meeting to order at 7:00 p.m.
7
8 PLEDGE. OF ALLEGIANCE.
9 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
10
I 1 ROLL CALL.
12 Present: Mayor Faust; C,ouncilmembers Gray, Horst, Stille, and Thuesen.
13 Absent: None.
14 Also Present City Manager Mike Mornson.
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17 CONSIDERATION, DISCUSSION, AND POSSIBLE AC'T'ION ON ALL OF'rHE FOI,LOWING
18 ITEMS.
19
20 L APPROVAL OF MAY 10, 2005 CITY COUNCIL MEETING AGENDA.
21 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve the City
22 Council Meeting Agenda of May 10, 2005.
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24 Motion carried tsoranimously.
25
26 IL PROCLAMATIONS AND RECOGNITIONS.
27 None.
28
29 HL CONSENTAGENDA.
30 A. Consider April 26, 2005 Council niectingirunutes.
31 B. Consider licenses and permits.
32 C. Con i .C.r-paymcnt of claims.
33
34 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the Consent
35 Agenda items.
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37 Motion carried unanimously.
38
39 IV. PUBLIC HEARINGS.
40 None.
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42 V. REPORTS FROM COMMISSION AND STAFF.
43 None.
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45 VI. GENERAL POLICY BUSINESS OF THE COUNCIL.
46 A. Silver Lake Road hnprovements — Jim Grube, Hennepin County Director and Engineer.
47 Mark Stenglein, Hennepin County Board Commissioner, stated that he would like to discuss the
48 envisioning of Silver Lake Road. He noted it is a main thoroughfare of the city. It is a County
49 Road and is designed to move traffic. He warned that the county engineers are good at moving
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City Council Regular Meeting Minutes
May 10, 2005
Page 2
traffic as efficiently as possible. In such reconstruction projects, the fact that these are residential
roads can be sidelined. He stated that Mr. Grube's department is very good at working on these
roads. He noted that Lyndale Avenue was a County Road and has become a good blend of a
larger road while keeping the neighborhood.
Jim Grube, Hennepin County Director and Engineer, gave a background on his career. I to said
he was an Assistant City Engineer in Fairmont, and then became the City Engineer in Brooklyn
Center. He then worked as the City Engineer in St. Louis Park before working for Hennepin
County. In assessing Silver Lake Road, he said that from curb to curb itis about as wide as it is
going to be. He noted there is a narrow walk on the side of the street. He said lie thinks the
citizens know the road well, and know the room for sidewalk is precious. He said most people
would probably be looking for parking on the side of the street for the visitors. Also, he said
citizens would likely say the traffic moves fast for a residential street. He explained his dilemma
is how to balance moving people and goods, while letting people out of driveways and side
streets in an acceptable manner. He indicated that the reconstruction is worth taking a look at
and talking to his staff and department to get a vision for what the road should be. There is only
one lane in each direction and he stated he thought this is acceptable. He explained that the
parking on the street would be desirable for two reasons. One reason is for people visiting, and
the other is a concept that if there is parking on the street, the traffic will be slower. However,
there are occasional speeders for various reasons.
Mr. Grube indicated Hennepin County has a program of incentives to cities called the Roadside
Enhancement Partnership Program. He said that type of financing was used on Golden Valley
Road. The poles that were in the middle of the sidewalk were changed so that there was room to
walk around them. Hennepin County offers to pay between one-third and one-half the cost of
undergrounding the poles. He urged the Council to consider this program. Hennepin County
offers to help pay for the cost in order to be seen as partners in such projects. He noted that
Commissioner Stenglein was able to commission getting street lights on Golden Valley Road
and moving the poles. He indicated his office has completed similar projects in Minnetonka,
Richfield, and Minneapolis, and have experience all over the county.
Mr. Grube suggested the Council discuss the issues of creating a design to move the poles out of
the way, whether the sidewalk will be on one side of the street, and how to handle parking on the
street. He said lie would spend time with the Council and discuss ideas of what the resolution
could be. He said the Council should take it in a proper time perspective as well. A project like
this would take a couple years in terms of conversations with neighbors and design before
getting to construction. The Council should be thinking of somewhere in the year of 2007/2008
for construction at the earliest. Financing is always a hurdle. He said they are putting the pieces
together for their capital financing program. Ile said the first thing the Council has to do is
invest in getting the design moving and getting the construction going.
Commissioner Stenglein asked what kind of visioning has been done. Mayor Faust said
meetings will be held and a task force will be formed. There is a lot of energy in the community
and there has been significant conversation that the road does not provide what the community
wants it to. Sidewalks are terribly important. He said that burying the utilities underground will
be an enhancement. He noted that no discussions have been held as of yet. He suggested
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City Council Regular Meeting Minutes
May 10, 2005
Page 3
discussions could start in the late fall, and ideas could possibly be agreed upon for construction
in 2007.
Councilmember Thuesen said that in the past, important projects have been taken on quickly and
have moved quickly.
Mr. Mornson said that 2007 may be obtainable; however, he would like to keep it flexible for
construction in 2008. FIe said the City must look at its financial obligations, and how this project
would be funded. IIe asked if the Commissioner would have a staff member participate with the
City staff and the community.
Commissioner Stenglein said his staff would work with the City from the beginning.
Mr. Grube pointed out that lie is frequently asked in similar projects whether the road would
become a four -lane road with some residences removed. He said Ile wants to make sure others
know he is aware of that concern and that is not in the plans currently.
Councilmember Horst said there have been discussions in goal setting sessions. This project was
moved to the top due to the small sidewalks, the poles and the lighting. He said the current two-
lane design is satisfu tory. Most people would agree that the walkability needs to be improved
and utilities need to be buried. Where and how to extend the sidewalks seems to be the problem.
There would be some encroachment into yards and that must be discussed.
Commissioner Stenglein stated that having lived here, he knows some of the people may be
resistant to change. He said community involvement will be requested.
Councilmember Thuesen said a major issue is how to get people from one side to the other. An
adult resident raised the issue that crossing the street to get to City Hall is difficult. It is difficult
for kids to cross the street to get to the community center. He asked if there are things to do to
encourage safer pedestrian crossing areas.
Mr. Grube pointed out the expectation of the driver must be considered. He said the driver is in
a big vehicle and if there isn't an obvious pedestrian statement being made, the driver doesn't
have the sensitivity to the pedestrian in the crosswalk. h1 front of this building, there is a
crosswalk in the middle of the block From the driver's standpoint there are not a lot of clues to
know that it is coming. You have to give the motorist a proper cue to understand so that they
will yield. A bump out at the street crossing gives a little better cue to the motorist.
Councilmember Stille suggested looking at the Comprehensive Plan, because the design may
already be in there. He asked what other roads are comparable to look at to get an idea of what
can be done. Mr. Grube said Golden Valley Road is a good example of working with what was
there and refurbishing it.
Mr. Grube indicated that the Roadside Assistance Fund does provide help in planting trees to
beautify a corridor.
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May 10, 2005
Page 4
Mayor Faust thanked the Commissioner and Director for speaking and said the City will be in
touch.
B. City Engineer Report - Todd Hubmer,_WSB
Mr. Hubmer stated that his staff met with Mr. Grube approximately a month ago and discussed
funding options for Silver Lake Road. He noted the City will try to maximize the County's tools
available to the City and the financing options available to the City. The first project will start
the following day, which is the 2005 street improvement project.
10 1. 2005 Street Improvement Proiect.
I I Mr. Hubmer noted the first phase will be 31" Avenue and Edward Street. Phase lI will be
12 Roosevelt Street and Edward Street. The contractor is S.M. Hentges. He directed questions to
13 Tim Andler at 612-360-1693, noting that lie is the first contact person and is on-site every day.
14 Mr. Hubmer offered his number of 763-287-7182 and said he could also answer questions. He
15 said Jay Hartman can also be contacted with questions at 612-782-3314.
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17 Councilmember Stille asked what the procedure is for putting in new driveways. Mr. Hubmer
18 explained the contractor can complete such projects at the owner's request. Ile indicated the
19 driveway would be reconstructed up to the garage, and the garage would not be dealt with at all,
20 in the rare case that the foundation of the house is attached. He suggested calling Mr. Andler
21 with questions and for quotes. The homeowner can hire their own contractor, as well. He
22 explained the City does participate in that reconstruction. For the portion of the driveway the
23 City would reconstruct, the City rebates for the footage that it would work on. He said they
24 would rather not have two contractors in the sauce driveway. He said he would like to have one
25 contractor, one warranty, and one place to go with questions.
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27 Councilmember Stille raised the issue of the problems encountered in 2004. Mr. Hubmer
28 explained that if there are any related construction problems, his office should have been
29 contacted by last Friday. The list of repairs was sent to the contractor yesterday and lie
30 anticipated that the contractor would be out in the next month to do some repairs. There was a
31 lot of moisture last winter and there were more cracks, etc. related to that. He said it will all be
32 handled; is all warranty work.
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34 2. Schedule for 39"' Avenue Improvements.
35 Mr. Hubmer explained the first ad will be in the papers May 13. The bid opening is June 9,
36 2005. He anticipated the bid award will be June 28, but there are some things that must be
37 handled in the meantime. He said he anticipated construction to start the week after the fourth of
38 July; approximately July 11. He said the street will likely be completely closed during
39 construction. He noted that he will tweet with all the businesses along the street regarding access
40 to their business during construction. This project is expected to be completed in October of
41 2005.
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43 3. Sidewalk Street Lighting Plan and a Draft Analysis of Concrete versus Asphalt.
44 Mr. Hubmer stated his staff has completed a sidewalk evaluation. The sidewalks that are in good
45 condition are: St. Anthony Boulevard (west of Silver Lake Road); 29°i Avenue; 33rd Avenue;
46 39°i Avenue; Silver Lake Road (north of 37°' Avenue). There are sidewalks in need of repair and
47 maintenance which are: Kenzie Terrace; 37°i Avenue (north side); Stinson Boulevard (south of
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City COUnciI Regular Meeting Minutes
May 10, 2005
Page 5
St. Anthony Boulevard); St. Anthony Boulevard (east of County Road 88). Mr. Hubmer noted
that Silver Lake Road is in need of replacement. He noted there are proposed new sidewalks of
39°i Avenue (East of Stinson Boulevard); Higherest and Old Highway 8 (29°' Avenue to 371'
Avenue); 37°' Avenue (south side — Silver Lake Road to Higherest); Stinson Boulevard (Silver
Lane to St. Anthony Boulevard); Silver Lane (Stinson Boulevard to Oakwood Drive)
He noted the existing street lighting was evaluated. The street lighting that is in good condition
is on 29°i Avenue NE; St. Anthony Boulevard; 39°' Avenue and Silver Lake Road (north of 37°'
Avenue). The proposed decorative street lighting locations are 39° Avenue; Kenzie Terrace;
Silver Lake Road (south of 37°i Avenue); 37"' Avenue; Silver Lane and Higherest Road; and Old
Highway No. 8.
Mr. Hubmer indicated the anticipated cost of sidewalk improvements is $2 million. Street
lighting improvement is $1 million. This amount is possibly eligible for some of the funding
through Hennepin County. The most practical timeline at this point looks as though the project
should begin in 2005 and be completed by 2010. He said his department is exploring finding
options through Hennepin County for Silver Lake Road as mentioned, also using Municipal State
Aid Funds, Public Improvement Bonds, Street Light Utility, and Special Assessments. tic
suggested a task force could be used for policy recommendations. "['here are a number of
alteratives, and having a task force will allow the ability to explore options and elicit ideas from
the residents. Ile said he invites public input.
Mr. Morrison clarified that the estimate is $3 million for all sidewalks and lighting. Mr. Ilubrner
answered that is correct. He clarified that about $300,000 of that would be for lighting. He
indicated that burying utilities would be a separate cost. He suggested the utility company be
requested for a quote for burying the utilities.
Mayor Faust said these projects are all inter -related. However, there are three different groups of
citizen involvement. One group is for Silver Lake Road. A task force for sidewalks and street
lighting for the rest of the city should be formed. The concrete versus asphalt streets is a third
issue that should be discussed via task force.
Mr. Hubmer said that the hardest part is coming up with the funding sources, what the costs will
be and what the impact will be to the Village for using those funds, along with the expectations
for reasonable costs for the citizens. These improvements do come with a fairly high price tag
but do provide benefits to the City. He stated that prioritizing and coming up with funding
sources and a livable timeline necessitates citizen involvement.
Mr. Morrison said that forming these task forces is an idea. He listed other task forces that were
used for projects. One of the things Staff needs to talk about is whether there is enough people to
be on these task forces. He suggested shifting around the priorities based on the information
given at this meeting.
Councilmember Horst questioned the $1 million amount for Silver Lake Road, not including the
utilities. Mr. Hubmer said there are new standards for storm water design for County Roads.
There are utilities under the roadway that are aging, and he said he wanted to make sure the
infrastructure is in tact. There is watermain and sanitary sewer and he said he will want to
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City Council Regular Meeting Minutes
May 10, 2005
Page 6
investigate to make sure they are satisfactory. He noted the cost for Silver Lake
Road improvements will be expensive. He explained the $1 million amount was just for
sidewalk and street lights and not for utilities. Councilmember Horst said it sounded very
reasonable.
Mr. Ilubmer stated that between 1996 to 2008, the City will have completed 10.2 miles of
Asphalt Roadway Reconstruction; 10.2 miles of Watermain Replacement; and 8.5 miles of
Sanitary Sewer Replacement. 2008 will complete the reconstruction of asphalt streets west of
Silver Lake Road. He noted that beginning in 2009 or 2010, street and utility replacement on
concrete streets may begin. Fie said that asphalt is less expensive to build initially and expensive
to maintain, whereas concrete is expensive to build and less expensive to maintain. fie said his
staff is evaluating the benefits of each. He said the possibility of using a task force was brought
Lip for this. The residents may wish to pay extra money to build a concrete street and maintain
that. He said he would like to solicit input from the public on this.
Mayor Faust noted that the costs need to be fair and balanced due to perceptions. He said he
would not want any citizens that help pay for improvements to feel as if any part of it is unfair.
Councilmember Horst asked if the concrete roads that exist have ever been replaced. Mr.
Ilubmer said there has been no replacement, but only spot maintenance.
Councilmember Horst asked if construction methodology has improved to keep concrete roads
smoother. The bituminous roads have been very smooth and not settling in spots. He asked if a
concrete road would have the same quality of smoothness.
Mr. Ilubmer said there is technology to allow contractions and expansions in a concrete street.
He said it will be a rougher road for a residential street. He said continuous millwork may need
to be done. This is something to take into consideration.
Mayor Faust said he would suggest they look at street sweeping and snowplowing. As the roads
heave and change, it must have some detrimental effect with the street sweeper as well.
Councilmember Stille asked for a history of why some streets are bituminous and some are
concrete. Mr. Hubmer said lie is not aware of the reasoning. He said it could be that the
concrete was a better price at one point.
4. I —1 Program.
Mr. Hubmer noted the sanitary sewer system is part of the residents' water bill. The city's bill
with the Met Council is higher than it needs to be. The Met Council has set a goal for the city
for the flow into the storm water system. The largest source is from the residents that do not
have sump pumps. A citywide educational program was completed in 2004. This problem was
discussed with residents in the program. The City did complete an inspection. There was a
Point -of -Sale foundation drain removal. He said there will be 8.5 miles of clay sanity sewer
replaced by 2008. He noted that flood reduction programs are in place. He said they have been
in discussions with the Met Council. There will be a monetary penalty for when a goal is
exceeded. There will be fines involved for exceeding a goal. This fine would be held in an
escrow account and if a program is implemented to reduce the 1/1, the money would be refunded.
City Council Regular Meeting Minutes
May 10, 2005
Page 7
He said he talked to Met Council and they didn't feel that the City's goal was exceeded enough
to be fined.
4 Councilmember Thu esen inquired whether there are any figures of illegal hookups or of those
5 that had the buried program discovered at the Point -of -Sale. Mr. Hubiner said that it was thought
6 that 70 percent of homes in 1997 had the driveway drains, and it was required that sump pumps
7 be put in.
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COUllCllmember Thuesen asked if the Met Council acknowledged communities that attempt to
deal with the problem and if thcy are granted a little slack. Mr. Hubmer answered that St.
Anthony was ahead of the curve. He added that the Met Council may have some grant monies
available.
Mayor Faust commented that the City is waiting for the Met Council flow rate so the City can
determine where it is. He reiterated that there is an Ordinance that states hook ups are illegal.
He noted that there are residents that cannot afford to unhook at the cost of $2,000 to $5,000 and
there are any figures of how many illegal hookups there are.
5. Automatic Water Meter Readiiu�_
Mr. Hubmer stated the City is currently evaluating various remote water meter readers.
Mayor Faust said explained that the system currently is that residents fill out a card and mail it
into City Hall and a City bill is generated. There is the potential for error on both ends.
Automatic water meter reading will preclude the potential for error.
Mr. Hubmer explained there arc four steps in the process of generating a water bill. In the
automatic system, a device is in the car and the Village could be covered in a few hours. This
information is downloaded into a computer system and a bill is automatically generated. The
City is evaluating the various wireless water meter readers. He indicated his office has estimated
the cost to install a wireless system for 2155 meters. He reviewed the potential benefits of a
wireless system, including the improvement in the accuracy of readings. There are fewer
employee hours, and lost water will be recovered. The meters are 20 years old and getting
toward the end of their life cycle. He said his department is discussing the option of viewing the
process in a city that has already been through the conversion.
Councilmember Thuesen asked if the quality or the technology of meters has improved in recent
years. Mr. Hubmer responded that they work very well. They have not changed very much.
The wireless technology is the cutting edge and does save effort. There is the technology that
this could be used on existing meters. Cities that have tried it, suggested replacing all meters in
the city.
6. St. Anthony Fire Station Flashing Beacon Justification.
Mr. Hubmer stated that ways to improve the visibility of the Fire Station have been discussed.
He said his department looked at installing remote -operated warning lights. The signs are being
considered for the Silver Lake Road site. He proposed that a remote such as a garage door
opener inside the trucks would be more feasible. He said they looked at a wired system, and this
would require tunneling under the road and would be more expensive. He said the anticipated
City Council Regular Meeting Minutes
May 10, 2005
Page 8
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cost is between $23,000 and $25,000. He noted they are looking for some direction on this from
the Council.
Councilmember Thuesen asked if there may be some insurance savings if this were installed due
to increased safety. Mr. Momson said he isn't ware of any reduction in cost.
Mr. Hubmer noted this is a minor solicitation of City funds, and lie said they would request three
bids from vendors.
Councilmember Stifle questioned what the lights would do. Mr. Hubmer said that the
expectation is that when the lights went on, the vehicles would slow down. They are warning
lights and would flash yellow.
Mr. Morrison suggested soliciting three bids, and bringing them back to the Council. The
Council would then authorize the bid.
Mayor Faust said the Council is directing Mr. flubmer to solicit three bids and bring them back
for consideration.
7. Other Updates
Vtr. Ilubmcr stated that the final dcsign for Shamrock Ponding improvements is due May 31. He
said there is sufficient funds to move forward with this project. A neighborhood meeting will be
held in ,June. The construction will begin in July, and the estimated completion date is
September 2005.
Mr. Hubmer said the City's Well Protection Plan has been completed and sent to the Minnesota
Department of Health. Their comments will be reviewed and accepted as a formal document in
the July meeting. He added that Ramsey Conservation District completed the plan for the Silver
Lake Village District.
Feasibility studies for the Foss Road Lift Station will likely be completed in the fall. The funds
for this project are being collected.
Councilmember Stille noted that Mr. Hubmer has been made partner with WSB and
congratulated him. Mr. Hubmer recognized the City for this accomplishment. He added that this
community is special and the residents are very involved. He commented it is a joy to work for
St. Anthony Village.
REPORTS FROM CITY MANAGER AND COUNCILNIEIO BERS.
City Manager Mornson reported the following:
® The steps are in at Central Park Pavilion.
® Jay has been working with the Park Commission to set up a process to interview
consultants to evaluate issues in the community. The committee will interview three and
recommend one at their next meeting on June 13 and bring the results to the June 14
meeting.
® The Police Chief is on medical leave for a knee replacement. Surgery was successful.
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May 10, 2005
Page 9
COuncilmember Gray had no report.
Councilmember Hoist had no report.
Councilmember Stille reported he participated in Clean Up Day this past Saturday and noted it
was very organized.
8 Councilmember Thuesen reported he attended his son's baseball team tournament at Central
9 Park the previous weekend. He said he enjoyed seeing how the park can be utilized.
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I I Mayor Faust indicated that on April 28, he and the City Manager attended the Best in Real Estate
12 Awards Ceremony. Silver Lake Village was awarded the winner in mixed use development. It
13 was featured in the Twin Cities Business Journal.
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15 Mayor Faust noted that Councilmember Gray is a Board Member of Northwest Youth and
16 Family Services, and he, along with Mayor Faust and the City Manager, attended a luncheon.
17 Don Shelby was the speaker and addressed the question of "what have you done for a child
18 today". He said it was an outstanding event.
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20 Mayor Faust commented that Clean Up Day was the 7"' of May. He thanked Mr. Hartman and
21 Mr. Paschke for the orderly manner and organization that went on at the Public Works
2.2 Department. He noted that pride of ownership is evident in that the dumpst:ers were on 2x6s so
23 they did not damage the asphalt.
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25 Mayor Faust said he was asked by his neighbor to go to "bring a grandparent to lunch" at
26 Wilshire School, which he enjoyed.
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28 Mayor Faust attended a Minnesota Water Management Workshop meeting, and will discuss
29 grants with Mr. Hub ncr.
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31 VIII. COMMUNITY FORUM.
32 Mayor Faust invited residents to come forward at this time and address the Council on items that
33 are not on the regular agenda.
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35 Hearing none, Mayor Faust moved forward with the agenda.
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37 IX. INFORMATION AND ANNOUNCEMENTS.
38 Mayor Faust said the history of St. Anthony with the historian was May 10, and she said that a
39 lot of information was given. He also noted that the new City web site is up and running, though
40 not all the pages are complete. He warned the residents that if they had bookmarked the page to
41 complete their water meter reading, it will now give an error. This must be done on the home
42 page.
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44 Mr. Mornson said that the Liquor Manager will accept an award on May 22 and 23. He noted
45 that the City was nominated for an EDAM award for Silver Lake Village. The City will be
46 notified on June 22 and 23 if it receives the award.
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Mayor Faust read a letter from a resident written May 3, thanking the police for their quiet,
responsible manner in which they responded to an emergency call for her husband's chest pain.
X. MISCELLANEOUS IPII+ORMATIONAL DOCUMENTS.
None.
XI. ADJOURNMENT.
Mayor Faust adjourned the meeting at 9:00 p.m.
Respectfully submitted,
Chris Moksncs
Time,%ver Off Site Secretarial, Inc.
ATfI ST:
City Clerk
Mayor
Motion carried uo�animoas[y.
DATE:
May 24, 2005 Approved:
TO:
Mayor and Councilmembers
FROM:
License Cleric
ITEM:
License and Permits .for Approval:
Heating Contractor License:
B & B Sheet Metal & Roofing, Inc., Buffalo, MN
KB Mechanical, Inc., Bloomington, MN 55420
Contractor License:
A + Tree Service, 10 Rice Creek Way, Fridley, MN 55432
Multiiple Dwell_ in,; License:
Caravelle Apartments 3713, 3720, 3721, 3727, Foss Road Apartments
_Temporary 32 Bccr_Permit:
Molly McClanahan, 3507 Roosevelt Street NE
Central Park / July 8, 2005 / 5:001)m -- 10:00pm
Elizabeth McGinnity, 3108 — 29° Avenue NE
Central Park / June 10, 2005 / 3:OOpm — 9:OOpm
IV
ACS FINANCIAL SYSTEM
ST.
ANTHONY
VILLAGE..
05/19/2005
1.3: Check Register
GL540R-VO6.GO
PAGE
1
BANK
VEND0R
CHEM)
DATE
W40UN'T
FIRS BREMER
BANK NA
008964
ACCLAIM BENEFITS
25013
05/25/05
1'79.24
007252
ALBRECHT
25014
05/25/05
469.04
009176
M42RICM LOCKER
25015
05/25/05
4,841.01
005089
AMERICAN PUBLIC WORKS AS
25016
05/25/05
122.00
008909
ARCH WIRELESS
25017
05/25/05
29.81
009168
AVENE'P, LLC
25018
05/25/05
75.00
009018
BCA - HIS
25019
05/25/05
270.00
000320
BEISSWENGER APPLIANCE,•'
25020
05/25/05
29.78
008555
RIFFS, INC.
25021
05/25/05
243.50
007253
BRAKE & EQUIPMENT RARING
25022
05/25/05
05.99
000520
BRYAN ROCK PRODUCTS
25023
05/25/05
471.69
.00001
CANADIAN PACIFIC RAILWAY
25024
05/25/05
278.48
000610
CATCO
25025
05/25/05
3.51
002380
CENTERPOINT ENERGY MINNE
25026
05/25/05
8,100.47
.00001
CITY OF EXCELSIOR
25027
05/25/05
28.50
.00002
CI'T'Y OF RAMSEY
25020
05/25/05
5.00
000185
BALCO
25029
05/25/05
132.06
000800
DAVIES WATER EQUIP CO.
25030
05/25/05
850.51
001145
DEEP ROCK WATER COMPANY
25031
05/25/05
64.37
004110
DICKSON ELECTRIC
25032
05/25/05
300.00
008251
FAUS'P/JERRY
25033
05/25/05
138.55
008153
FILTERFRSH
25034
05/25/05
63.98
.00002
FITNESS CROSSROAD
25035
05/25/05
61,353.56
008647
FRATTALLONE'S HARDWARE
25036
05/25/05
40.15
001030
G & K SERVICES INC
25037
05/25/05
322.00
001300
HACH COMPANY
25038
05/25/05
194.10
0051.21
HARTMAN/SAY
25039
05/25/05
495.32
008944
HENN CN'PY INFO TECH DEPT
25040
05/25/05
2,140.23
008376
HENNEPIN CNTY SHERIFF'S
25041
05/25/05
61.2.21
008252
HOME DEPOT CREDIT SERVIC
25042
05/25/05
33.47
0091'29
HUDSON MAP
25043
05/25/05
1109.97
008832,
I -STATE TRUCK CENTER
25044
05/25/05
46.80
008G58
INSTRUMI',NTAL R13.SEARCH, I.
25045
05/25/05
81.00
009026
JAMES/VICKY
25046
05/25/05
15.39
007392
LARSON COMPANIES
25047
05/25/05
27.35
001980
LEAGUE, OF MN CITIES
25046
05/25/05
20.00
002040
LILLIE SUBURBAN NE.WHPAPE
2SO49
05/25/05
75.18
008229
LOF'FLER BUSINESS SYS'T'EMS
25050
05/25/05
360.00
002125
MALENICK/JOHN
25051
05/25/05
36.11
008'110
MATES MEDICAL, INC.
25052
05/25/05
1,568.96
008455
METRO ATHLETIC SUPPLY, I
25053
05/25/05
131.64
007835
METROCALL
25054
05/25/05
22.91
008766
MINNESOTA OCCUPATIONAL H
25055
05/25/05
22.00
008198
MORNSON/MICHAEL
25056
05/25/05
120.00
002395
M'PI DISTRIBUTING, INC
25057
05/25/05
89.42
009178
MUL'PI-REGIONAL TRAINING
25058
05/25/05
25.00
007370
I4YERS TIRE SUPPLY COMPAN
25059
05/25/05
21.21
008326
NEWMAN TRAFFIC SIGNS
25060
05/25/05
375.41
008993
NEXTEL COMMUNICATIONS
25061
05/25/05
252.52
008959
NORTH SUBURBAN ACCESS CO
25062
05/25/05
491.07
008820
NORTHERN TRAFFIC SUPPLY,
25063
05/25/05
175.173
000045
OFFICE DEPOT
25064
05/25/05
635.74
001230
ONE CALL CONCEPTS, INC.
25065
05/25/05
279.00
008528
PACE ANALYTICAL SERVICES
2.5066
05/25/05
311.00
007217
PARTS PLUS
25067
05/25/05
7.07
008768
POLICE
25060
05/25/05
25.00
008851
P0WERPLAN
25069
05/25/05
133.13
009180
PROFESSIONAL TURF & RENO
25070
05/25/05
734.05
004492
QUEST
25071
05/25/05
366.21
008462
RAMSEY COUN'T'Y
25072
05/25/05
144.00
003350
SpH
25073
05/25/05
528.09
001810
ST. ANTHONY VILLAGE NINA
25074
05/25/05
218.00
003490
S'T'REICHER'S
25075
05/25/05
3,072.90'.
007337
'T'IMESAVER OFF SITE SECRE
25076
05/25/05
121.55
007365
TOLL GAS & WELDING SUPPL
25077
05/25/05
20.19
009181
TURFWERKS, INC.
25018
05/25/05
366.36
000859
U.S. BANK
25079
05/25/05
250.00
008561
UNITED RENTALS COMPANY
25080
05/25/05
53.01
008270
UNITED STATES POSTAL SER
25081
05/25/05
600.00
009023
ITS INTERNET
25082
05/25/05
62.50
009177
UTILITY SOURCE
25083
05/25/05
400.00
.00003
VASKO
25084
05/25/05
640.00
008227
VERIZON WIRELESS, BELLEV
25085
05/25/05
60.06
004494
WASTE MANAGEMENT - BLAIN
25086
05/25/05
405.69
009042
WORKFLOW
25087
05/25/05
105.54
002680
XCEL ENERGY
25088
05/25/05
5,891.29
007325
YOCUM OIL COMPANY, INC.
25089
05/25/05
12,828.82
BREMER BANK NA 114,901.20
m
ACS FINANCIAL SYSTE14 ST. ANTHONY VILLAGE
05/18/2005 13: Check Register GL540R-V06.60 PAGE 1
BANK VENDOR CHECKJJ DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
008964
ACCLAIM BENEPI'PS
24493
05/25/05
39.63
004014
ALLIED PAPER CO.
24494
05/25/05
63.50
008994
ARCTIC GLACIER INC.
24495
05/25/05
439.89
009122
AROMA WINE INC
24496
05/25/05
400.50
004293
BELLBOY CORP.
24499
05/25/05
4,183.84
009100
CAT & PIDDLE BEVERAGE
24498
05/25/05
422.00
002380
CENTERPOINT ENERGY MINNE
24499
05/25/05
96.46
004080
CHISAGO LAKES DIST. CO.,
24480
05/25/05
2,685.81
004106
CREATIVE MARKETING
24481
05/25/05
298.20
009194
DAY DISTRIBUTING CO
24482
05/25/05
1,410.00
004120
EAGLE WINE. CO
24483
05/25/05
3,026.49
004125
EAST SIDE BEVERAGE CO
24484
05/25/05
21,633.10
004135
ELECTRO WATCHMAN INC
24485
05/25/05
194.90
009195
GLENWOOD INGLEWOOD
24486
05/25/05
69.12
009102
GRAND PERE WINES, INC
24409
05/25/05
1,568.00
004192
GRAPE BEGINNINGS, INC.
24488
OS/25/05
170 .SO
004195
GRIGGS COOPER & CO INC
24489
05/25/05
21,820.62
004209
HOHENS'PEIN'S, INC
24490
05/25/05
1,999.80
.00001
INTERWEAVE MINNESOTA LLC
24491
05/25/05
55.00
004220
JOHNSON BROTHERS LIQUOR
24492
05/25/05
34,918.84
004230
KUETHER DISTRIBUTING CO
24493
05/25/05
1.8,140.05
002040
LILLIE.. SUBURBAN NEWSPAPE
24494
05/25/05
295.00
009114
M. AMUNDSON LLP
24495
05/25/05
1,141.00
004265
MARK VII SALES INC
24496
05/25/05
16,990.92
OOBB81
MINNESOTA WINEGROWERS
24499
05/25/05
280.50
004299
MPLS. OXYGEN CO.
24498
05/25/05
5.43
008996
NEEDHAM DISTRIBUTING CO
24499
05/25/05
94.00
000083
NEW PRANCE WINE C014PANY
24500
05/25/05
311.00
004354
PAUSTIS $, SEND
24501.
05/25/05
3,1.06.85
004360
PHILLIPS WINE & SPIRITS
24502
05/25/05
36,996.99
004396
PRIOR WINK CO
24503
05/213/05
3,458.69
004385
QUALITY WINE CO
24504
05/25/05
19,235.10
004492
QVIEST
24505
05/25/05
297.15
009119
RECHECK
24506
05/25/05
119.00
009182
SAM'S CLUB
24509
05/25/05
00.20
009092
SPECIALTY WINDS & BEV. ]'.,
24508
05/25/05
91.6.00
008470
SUN NEWSPAPERS
24509
05/25/05
588.00
000290
UNITED STATES POSTAL SER
24510
05/25/05
100.00
008316
WINE COMPANY/THP.
24511
05/25/05
199.00
008310
WINE MERCHANTS INC
24512
05/2S/05
4,104.51
009126
WINE SOURCE INTERNAIONAL
24513
05/25/05
1,056.50
004499
WORLD CLASS WINES, INC.
24514
05/25/05
638.00
002680
XCEL ENERGY
24515
05/25/05
2,229.54
LIQUOR
CRACKING ACCOUNT
205,19'1.59
xax
ME
N�LIEMPJWVW�&W�j LIT -I
WHEREAS, the City of St. Anthony, Minnesota and the County of Hennepin have in
effect a Joint Cooperation Agreement for purposes of qualifying as an
Urban County under the United Stats Department of Housing and Urban
Development Community Development Block Grant (CDBG) an HOME
Investment Partnerships (HOME) programs; and
WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement
in order to continue to quality as an Urban County for purposes of the
Community Development Block Grant and HOME Programs.
BE IT THEREFORE RESOLVE=D, that a new Joint Cooperation Agreement between the
City and County be executed effective October 1, 2005 and that the Mayor
and City Manager be authorized and directed to sign the Agreement on
behalf of the City.
Given my hand and seal this 24t" day of May, 2005.
ATTEST:
City Clerk
Mayor
Review for Administration: _
City Manager
Contract No. A050448
JOINT COOPERATION AGREEMENT
URBAN Di3ENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of
N innesota, hereinafter referred to as "COUNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487, and
the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT,"
said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to
Minnesota Statutes, Section 471.59:
WITNESSETH:
COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that
COOPERATING UNIT shares its authority to carry out essential community development and housing activities
with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant funds
as an Urban County within the provisions of the Act as herein defined and, therefore, nr. consideration of the mutual
covenants and pro'm'ises contained in this Agreement, the parties mutually agree to the following terms and
conditions.
COOPERATING UNIT admowledges that by the execution of this Agreement that it understands that it:
May not also apply for grants under the State CDBG Program from appropriations for fiscal
years during which it is participating in the Urban County Program; and
2. May not participate in a IIOME Consortium except through the Urban Comity.
I. DEFINITIONS
The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated.
herein by reference and made a part hereof, and the terns defined in this section have the meanings given thein.
A. "Act" means 'Title I of the Housing and Community Development Act of 1974, as amended, (42
U.S.C. 5301 et seq.).
B. "Activity" means a CDBG-funded activity eligible under Title I of the Housing and Community
Development Act of 1974, as amended. Example: single family rehab activity.
C. "Annual Program" means those combined activities submitted by cooperating units to COUNTY for
CDBG funding as part of the Consolidated Plan.
D. "Consolidated Plan" means the document bearing that title or similarly required statements or
documents submitted to HUD for authorization to expend the sarnual grant amount and which is
developed by the COUNT' in conjunction with COOPERATING UNITS as part of the Community
Development Block Grant Program.
E. "Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation
agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each
Agreement.
F. "HUD" means the United States Department of Housing and Urban Development.
Cr. "Metropolitan City" means any city located in whole or inpart in Hennepin County which is certified
by HUD to have a population of 50,000 or more people.
11 "Program" means the HUD Community Development Block Grant Program as defined under Title I of
the Housing and Conmmnity Development Act of 1974, as amended.
"Program Income" means gross income received by the recipient or a subrecipient directly generated
from the use of C'DBG.
J. "Regulations" means therules and regulations promulgated pursuant to the Act, including but not limited
to 24 CFR. Part 570.
K. "Urban County" means the entitlement jurisdiction within the provisions of the Act: and includes the
suburban hiennepin County municipalities which are signatories to this Agreement.
11. PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to
undertake, or assist in undertaking, community renewal and lower income housing assistance activities and
authorizes COUNTY to eery out these and other eligible activities for the benefit of eligible recipients who reside
within the corporate limits of the COOPERATING UNIT which will be funded from arcual Community
Development Block Grant and HOME appropriations for the Federal Fiscal Years 2006, 2007 and 2008 and from
any program income generated from the expenditure of such funds.
111. AGREEMENT
The term of this Agreement is for a period commencing on October 1, 2005 and terminating no sooner than
the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2008, as
authorized by IfUD, and for such additional time as may be required for the expenditure of finds granted to the
County for such period. The COUNTY may notify COOPERATING UNITS prior to the end of the Urban County
qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either
party. Either the COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the
end of the Urban County qualification period. If the COUNTY or COOPERATING UNIT fail to exercise that
option., it will not have the opportunity to exercise that option until the end of a subsequent Urban County
qualification period. The COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be
excluded by the date specified by HUD.
This Agreement must be amended by written agreement of all patties to incorporate any changes necessary to
meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for
the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an
amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG
fiords allocated for use in the COOPERATING I NIT's jurisdiction.
M
Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the
program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act,
This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY
pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and
executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of
Housing, Community Works and Transit, and in no event shall the Agreement be filed later than June 30, 2.005.
COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the
applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act
of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the N air (lousing Act, Section 109 o'f Title I
of the Housing and Community Development Act of 1974; and other applicable laws.
IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to undertake and cavy out, within the
terms of this Agreement, certain activities eligible for funding under the Act. The COUNTY agrees and will assist
COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this
Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations
and other- relevant' Federal anal/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in
this Article shall be construed to lessen or abrogate the COUNTTY's responsibility to assume all obligations of an
applicant under the Act, including the dsvelopment of the Consolidated Plan, pursuant to 24 CFR Part 91.
COOPERATING UNIT further specifically agree as follows:
A. COOPERATING UNIT will, in accord with a COUNTY -established schedule, prepare ind provide to
the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant
Funds consistent with this Agreement, program regulations and the Urban Hennepin County
Consolidated Plan.
13. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), itis subject to the same
requirements applicable to subrecipients, includnrg the requirement for a written Subrecipient
Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation
requirements for each activity funded pursuant to this Agreement and shall be duly executed with and
in a form prescribed by the COUNTY.
C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated
in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant
to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party
Agreement shall be duly executed between the agency and COOPERATING UNIT in a form
prescribed by COUNTY.
D. COOPERATING UNITS shall expend all funds annually allocated to activities pursuant to this
Agreement within eighteen (18) months of the authorization by I -IUD to expend the basic grant amount.
1. With each annual program COOPERATING UNITS shall submit to the COUNTY activity
schedules for the completion and expenditure of funds within eighteen (18) months. COUNTY will
institute monitoring measures and provide technical or other assistance to insure activities are
proceeding on schedule.
2. Funds If or activities not expended within eighteen (18) months may be recaptured at the discretion
of the COUNTY and distributed by COUNTY as provided for in D. 4. Limited extensions to the
expenditure deadlines in this section may be granted by COUNTY upon written request only where the
authorized activity has been initiated and/or is subject to a binding contract which provides for the
expenditure to be completed within a time period acceptable to COUNTY.
3. Amendments to an amoral program by COOPERATING UNITS may be approved by COUNTY up
to fifteen (15) months after initial funding has been approved only when the new activity can be
completed and funding expended within six (6) months of the amendment approval. Funds not
expended within the six (6) month extensionperiod maybe recaptured and distributed by COUNTY as
provided for in D.A.
4. ,All funds recaptured by COUNTY will be transferred to a separate account for reallocation on a
competitive request for proposal basis at the discretion of the COUNTY where total of such funds is
$1.00,000 or greater. Amounts less than $100,000 shall be allocatedby COUNTY to other existing
activities consistent with timeliness requirements and Consolidated Plan goals.
E. COUNTY and. COOPERATING UNITS shall exp_ end all program income pursuant to this Agreement as
provided below:
1. Program income from housing rehabilitation activities administered by the COUNTY will be
incorporated into a pool at the discretion of the COUNTY. This provision is effective with the term of
this Agreement: commencing October 1, 2005. The pool will be administered by COUNTY and will be
used for housing rehabilitation projects located throughout the entire Urban County. When possible,
COUNTY will give priority to funding housing rehabilitation projects within the COOPERATING
UNIT where the program income was generated. Funds expended in this manner would be secured by
a Repayment Ao.Teement/Mortgage running in favor of the COUNTY. 'Program income generated by
certain COOPERATING UNITS that administer their own housing rehabilitation activities may be
retained bythe COOPERATING UNIT at its discretion, however such COOPERATING UNITS will
be bound by the conditions of D.2., above. Only COOPLRA'TING UNITS that were administering
their own activities pursuant to the Joint Cooperation Agreement pertaining to the HUD fiscal years
2003-2005 will be eligible to retain their program income.
2. COUNTY reserves the option to recapture program income generated bynon-housing rehabilitation
activities if said funds have not been expended within twelve (12.) months of being generated. These
funds shall be transferred to a separate account for reallocation on a competitive request for proposal
basis administered by COUNTY or, where the total of such funds does not exceed $100,000, shall be
reallocated by COUNTY to other existing activities consistent with timeliness requirements and
Consolidated Plan goals.
F. COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding
when such action further the goals of the Consolidated Plan and meets the expenditure goals.
G. If COUNTY is notified by HUD that it has not met the performance standard for the timely expenditure
of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by HUD according to its
policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met
its expenditure goal shall be reduced accordingly.
H. COOPERATING UNIT will take actions necessary to assist in accomplishing the community
development program and housing goals, as contained in the Urban Hennepin County Consolidated
Plan.
M
COOPERATING UNIT shall ensure that all activities funded, in part or in Rill by grant fiords received
pursuant to this Agreement, shall be undertaken affirmatively with regard to fair housing, employment
and business opportunities for minorities and women. It shall, in implementing all programs and/or
activities funded by the basic grant amount, comply with all applicable Federal and Minnesota Laws,
statutes, rules and regulations with regard to civil rights, affirmative action and equal employment
opportunities and Administrative Rule issued by the COUNTY.
COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or
that impedes actionby COUNTY to comply with its fair housing certification shall be prohibited from
receiving CDBG fielding for any activities.
K. COOPERATING UNIT shall participate in the citizen participation process, as established by
COUNTY, in compliance with the requirements of the Housing and Community Development Act of
1974, as amended.
L. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by MUD or
COUNTY to be ineligible.
M.. COOPER 1TING UNIT shall prepare, execute, and cause to be filed all documents protecting the
interests of the parties hereto or any other party of interest as may be designated by the COUNTY.
N. COOPERATING UNIT has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such nonviolent civil rights
demonstrations within its jurisdiction.
COUNTY further specifically agrees as follows:
A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis,
all plans, statements and program documents necessary for receipt of a basic grant amount under the
Act.
B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating
services to COOPERATING UNIT in the preparation and submission of a request for funding.
C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in
fulfilling its responsibility to HUD for accomplishment of the community development program and
housing goals.
D. COUNrTY shall, upon official request by COOPERATING UNIT, agree to administer local housing
rehabilitation activities funded pursuant to the Agreement, provided that COUN'T'Y shall receive
Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement
for costs associated with the administration of COOPERATING UNIT activity.
HE
E. COUNTY may, at its discietion and upon official request by COOPERATING UNIT, agree to
administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of
COOPERATING UNIT.
T. COUNTYmay,asnecessaryforclarificationandcoordinationo:fprograinadministration,developand
implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives,
and. administrative requirements of COUNTY.
V. ALLOCATION OF BASIC GRANT AMOIJNTS
Basic grant amounts received. by the COUNTY under Section 106 of the Act shall be allocated as follows
A. COtJNTY shall retain thirteen percent (13%) of the annual basic grant amount for the administration of
the program. Included in this administrative amount is funding for annual county -wide ],all- Housing
activities.
B. The balance of the basic grant aniount shall be made available by COUNTY to COOPERATING
I N1:TS in accordance with the formula stated in part C and the procedure stated in part D of this
section utilizing data provided by HUD. The allocation is for planning purposes only and is not a
guarantee of landing.
C. Allocation of funding will be based upon a formula using data supplied by IIITD thatbears the scale
ratio to the balance of the basic grant amount as the average of the ratios between:
1. 'rho population ofCOOPERATINGUNIT andthepopulationof all COOPER NFING UNITS.
2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all
COOPERATING UNITS.
3. ':Che extent of overcrowded housing by units in COOPERATING UNIT and the extent of
overcrowded housing by units in all COOPERATING UNITS.
4. In determining the average of the above ratios, the ratio involving the extent of povertyshall be
counted twice.
D. Funds will be made available to communities utilizing the formula specified in C of this Section in the
following manner:
I . All COOPERATING UNITS with aggregate formula percentages of greater than three and one
half percent (3.5%) of the total using the procedure in pail C. of this section will receive
funding allocations in accordance with the COUNTY formula allocations.
2. COOPERATING UNITS with aggregate formula percentages of three and one half percent
(3.5%) or less of the total using the procedure in pail C. of this section will have their funds
consolidated into a pool for award in a manner determined by COUNTY on a competitive
request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding
has been pooled will be eligible to compete for these funds.
0
E. The COUNTY shall develop these ratios based upon data to be furnished by -IUD. The COUNTY
assumes no duty to gather such data independently and assumes no liability for any errors in the data
furnished by HUD,
F. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the
amount not requested shall be made available to other participating communities, in a manner
determined by COUNTY.
VI. METROPOLITAN CITIES
Anymetropolitan city executing this Agreement: shall defer their entitlement status andbecome part ofUrban
Hennepin County.
'Phis agreement can be voidedif the COOPERATING UNIT is advised by ITUD, prior to the completion of the re-
qualification process for fiscal years 2006-2008, that it is eligible to become a metropolitan city and the
COOP'E'RA'T'ING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the
COOPERATING UNIT' S eligibility as a metropolitan city prior to July 8, 2005, the COOPERATING UNIT must
remain a part of the COUNTY program for the entire three-year period of the COUNT-' qualification.
VII. OPINION OF COUNSEL
The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby
opines that the terms and provisions of the Agreement are fully authorized. under State and local. law and that the
COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and publicly -assisted housing.
Assistant County Attorney
RE
VIII. FIENNEPIN COUNTY EXECUTION
The Hennepin County Board of Commissioners having duly approved this Agreement on May 3, 2005, and
pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be
bound by the provisions herein set forth.
COUNTY OF HENNEPI\t, STATE OF MINNESO'T'A
By:.____._ _
Chair of its County Board
And:
Assistant/Deputy/County Administrator
Attest: ----- —
Deputy/Clerk of the County Board
RECOMMENDl3D FOR APPROVAL,
Assistant: County Administrator - Public Works
APPROVED AS TO FORM Date:
Assistant County Attorney Director; Housing, Community Works and Transit
Department
Date: Date:
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
M
IX. COO"PERAI'ING UNIT EXECUTION
COOPERATING UNIT, having signed this Agreement, and the COOPERATIN G UNIT'S governing body having
duly approvedthis Agreement on --- ... ..__, 2005, and pursuant to such approval and the proper city official
having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint
Cooperation Agreement, contract A050448.
CITY OF
By; ----
Its Mayor
And:
Its City:vlanagcr
ATTFST: —_--
CITY M:US'I' CIIP:CK ONE:
The City is organized pursuant to:
___ Plan A Plan B _ __ Charter
24
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 17, 2005
Agenda Section: IV, A
Meeting Date: May 24, 2005
ITEM DESCRIPTION:
Resolution 05-048 — Approving intoxicating liquor license for St. Anthony
Restaurant Group, dba Huskies Restaurant & Bar.
MANAGER'S REVIEW:
In accordance with ordinance 1000.06; Consideration of Application; Public Hearing;_ the
City is required to hold a public hearing on all new on -sale intoxicating liquor license
following an investigation from the St. Anthony Police Department.
The SAPD conducted their investigation and no concerning items were discovered.
The action item to approve the liquor license is placed later on in the meeting agenda.
After the planning and zoning issues are approved,
After approval the license will be sent to the State of Minnesota for approval which can
take up to 30 days. No hearing is required for renewal or the transfer of a license. The
fees for said license are as follows:
$8,000.00 On -Sale Intoxicating Liquor
$ 200.00 Sunday On -Sale
gr
-Amwirdlll I I , Wh
IM .-
City Manager
CITY OF ST. ANTHONY
NOTICE, OF PUBLIC I II?ARING
TO WHOM IT[YIAY CONCERN:
Notice is hereby given that: the City Council will. hold a public hearing on
Tuesday, May 24, 2005, at 7:00 p.m., or as soon thereafter as possible, in the
Council Chambers of the City Hall, 3301 Silver Lake Road, for the following
purpose:
Petitioner: St. Anthony Restaurant Group, :Inc.
Subject: highway 88 and Kenzie Terrace;
Marketplace Sbopping Center
Request: Intoxicating Liquor and Wine License
Anyone wishing to be heard mth,refer•ence-to the above matter will be heard at
said time and place. Questions regarding; this matter may be referred to the City
Manager at 61.2-782-3301. Auxiliary aids are available upon .request with as least
96 hours advanced notice. Please call the City Clerk at 612-782-3313 to make
arrangements.
Michael J. iMornson
City Manager
Publish: St. Anthony Bulletin
May 1. 1, 2005
M
W
City of 5t. Anthony
3301 Silver Lake Road
St. Anthony, MN 55432
(612)789-8881
Fce:
intoxicating 11HIPL&Wine
Sunday
Tenn
Investi afivo Pee
finvcstinative I�ee
APPLICATION FOR ON -SALE
INTOXICA'T'ING LIQUOR & WINE LICENSE
S8 000
$ 200
One ear
i. 500 m-statenon-refundable)
$2 5 0 out-of-state to maximum of $1_010
Receipt #_--
License
MN Tax ID #
DKl'A P12IVACY NOTICti: The tata yon supply on this form will be used to assess your qualifications for the license. You no not legally ragnh'ed to
provide this data, bat we will not be able to grwit the license without it. If a license is granted, the data you have supplied will constitute a public record
nut copies may be issted Co anyone recpiutiug Them "I1ie requiecd data al lows its to distinguish you from other applicants; to identify you in our licomm
files; to verify that you are Ole person who applied for the license; to contact you if any addifional information is required; to doiciam ne whellrer you
meet any rninimmn age requirements; mud to dcmriakic if any conviction you may have on record might affect your suitability as a licenscholder. Your
residence address and telephone number will be considered public data unless you request this information to be private and provide an al1>anative
address and telephone number (sec below).
Manse slap below to indicate that you have read this motlmn
L./
I rexluest thatr sidcuw nitrous mid kelepLouc nunibor be wuside'edprivetc data. My nitenative address and telephomo nmrbee areas follows:
Address ---
1, GUYPETERSE(-_.—.—..
(Fust,middlemudlast uanre ofperson making apphrntion) (Individual owner, officer or i ium.)
Sl. ANTIMONY RESTAURANT GROUP, INC.
for and in behalf of
(individual/PwmershiplCorpotahon)
hereby submit dais application for an On -Sale Intoxicating Liquor & Wine License for:
located at ST. ANTHONY PKWY/HWY 88/KENZIE TERRACE..
for the sale of intoxicating liquor in accordance with the provisions of Minnesota Statutes, Chapter 340 and the St.
Anthony City Code, Cha ter 1000.
conunel � -- and ending
_ For:—
(Signa of Person Nia}aug Application (!Name of individual, Pailumbip, Corporation or Association)
Sone of Minnesota }
Count)ofHeunepin- } �7�
Sam—'r1bed, a tbR1ftC43 _ m f _ fu/
ERIC B. BREVER
NOTARY PUBLIC MINNEWA 13yo
i HENNEPIN COUNTY
Tn support of said application and iu accordance with the requirements asset forth in said Chapters, there is
attached hereto, in duplicate, all applicable parts and personal information forms, liability insurance policy,
workers compensation policy, bond, license and Investigative fees.
Directions: ink, if the application is by a natural person, by
This form must be filled out with use of a typewriter or by printing PP
such person; if by a partnership, by one of the partners; if by a corporation, by an officer, thereof; or if by an
unincorporated association, by the manager or managing officer thereof.
PART i - GENERAL Mi ®RA"HON
GUY L. PETERSEN
Name of applicant:" --"—"—
ST ANTHONY RESTAURANT GROUP, INC
Busuiess name:
Business addiess: 14693 WACO ST RAMSEY---
Business phone: 763-421-4209 —
Type of applicant: _ Natural Person
Partnership
X� Corporation
_ Association or Other
If business is to be conducted under a designation, name or style other than hill individual
name of the applicant, a copy of the Trade Name Certificate, as required by Mimiesota
Statutes Chapter 333 certified by the clerk of thio District Court must be attached.
Stare vlic exact legal description of the premises to be licensed. (Applicant must also submit a plot plan of the area
showing dimensions, location of buildings, sheet access, parking facilities, and the locations of the distances
To the nearest church building and public school grounds.)
ATTACHED AS EXHIBIT B
How are the premises classified under the St. Anthony Zoning Ordinance?
RETAIL
State full name, residence/business address and telephone niunber of owner or owners of the building wherein the
licensed business will be. located, if owner is other than the applicant
Individual or corporate name AMCON ST ANTHONY, LLC
Home or business address 2695 TOWN LAKE DR, WOODBURY, MN 55125
Phone number
Contact person TAMMY MEDINA —
Where the building is owned by otber thanapplicant, state in summary the conditions of the lease agreement, such as,
terms of lease, monthly rental, renewal privileges, etc. (A true copy of the lease shall be attached)
SEE ATTACHED AS EXHIBIT C
If building owned by individual applicant, partnership, corporation or assoc&on, state. (Attach a trice copy of the
Purchase Agreement)
Name and address of former owner:
NEW CONSTRUCTION
Date purchased:
Amount of down payment:
Who currently holds the mortgage— name and address:
Term of mortgage: ,__
Rate of interest on mortgage:
Purchase price: _ -----.—_---__--
Amount of Contract for Deed:. ------
Who currently holds contract for deed — name and address:
Terms of Contact for Deed:
Rate of interest ou Contract for Deed:
State monthly payment at which the mortgage and/or fine the payments on the mortgage and/or contact for deed
contract for deed is being liquidated: _____i___ up to date? __Yes -_—No
State the amount of the investment that the applicant has in the businoss premises, fixtures, furniture, stock in trade, etc.
(Attach supporfhrg proof of the source of such money)
Give the frill mules, date-of-birdi, addresses, telephone numbers of all persons, other than the apphcarrt, who have any
financial interest in the business, buildings, premises, fixtures, furniture, or stock in rade. State the nature of flee interest
amount thereof, and the terms for payment for or other rehnburseluent. (ibis shall include, but not be lunited to, any
lessees, lessors, mortgagors, lenders, lien holders, trustees, trustors and persons who have co-signed notes or Otherwise
loaned, pledged, or extended security for any indebtedness of the applicant.) A release form is necessary for all persons
who have financial interest in the business.
Full Name:: First Middle 111st DOB
Address:.--�—
Phone number:
Nature of interest, etc.
Full Name::
Fast
Middle Last DOB
Phone number
work
�— Home:
Nacre of interest, etc.
fulliv arne::
Fant
Middle Last Doli
—,.
Address:
-'—�.---'--
-----
Phone number
Wak
_
Nature of interest, etc.
If this Application is for premises either planned or under construction or undergoing substantial alteration, the
application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be
licensed.
W1
State the floor number, general area, and all rooms where intoxicating liquor is to be sold and consumed. (Applicant
shall attach a floor plan showing duneasions and indicadeg number of persons nSonded to be. served in said rooms.)
Whatpcnmirs required by the Federal Govermnent have been applied for or issued for the premises? In what name were
these applied for or issued and what is the nature of die permit?
What permits or licenses required by the State of Minnesota have been applied for or issued for the premises? In what
name were these applied for or issued and what is the nature of the permit or license?
Are way real estate taxes, personal property taxes, special assessments, or other financial claims of the City of St
Anthony delinquent or unpaid for the promises to be licensed? xio
If yes, give the details:
N the premises located with 300 feet of: any public school _yes X no any chinch yes -X—no
(This distances is as'measined in a straight line from the neaa:est point of building to building;)
If the premises is a hotel, is there a minv^num total building area of 5,000 sgtnaro feet, with a mvumum kitchen and
dining area of 2,000 square feet, with a minimum seating capacity of 130, open to the public? _yes ,_no
If the premises is a restaurant, is there a minun urn kitchen and dining area of 2,000 square feet, with a ininhnum seating
capacity of 130, open to the general public? X yes __no
Names, residence addresses, business addresses and telephone mnnbers of three persons, residents of the State of
Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, who
may be referred to as the applicant's character:
Full name
Both date
Home address
Phone mmriber
Business address
Phone number
Full name
Birth date
Home address
Phone number
-Business address
Phone number
rirse
Middle J.
zest FOSTER
9-78A-7Od4 T
2£355 ANTHONY LANQ4 ST�NY_MN�54113.__—_.__ _
rust LEON Middle G.
RITA rZ, a 11.il C IN V. AAA.
Last JENSEN
Full name rpt 1QSEpH Fuddle A. _ La -1 WENTZELL
Birth date _
Home address 2054 Pleasant View Drive NEWBRIGHTON
Phone number 651-631-2474 _-------
Business address _2855 ANTHONY I ANF G #2nn cr vNT-HON-Y--MN.5541i3 --
Phone number 612-436-3293
no
Individual
Full name
Home address:
Phone Number
Business Address
Phone Number
Date of Birth
PARr 11
AY V.L I v W V ilii
(To bo cgn.pleted by as Individual Owner)
l nt Middle Last
Manager, proprietor or other agent in charge of the individual owner's prernises to be licensed
lull name pint Middle Last
Slate of Birth
Home Address: —_
Phone Number lioa.c Work
PARTNERSHIP
(1b be co::xplete.d by a Panner)
List each member of the partnership and the member's interest
Full name Plast Middle Fast
ISome Ad«ess:
Phone Number home Work
Member's lirterest
Date of Birth
dullualne T`i'le �.T Middle Last
Home Address: _
Work
Phone Number
Member's Interest
Date of Birth
--------._ .—......_ —..__------'_'------
Dill nameThat A4.iddlc Last
Home Address:
_
Phone Number 1_omc------'— .—_—_ Work
Member's Interest
Date of Birth —_--„ _----- —
lull naive Fust M delle Last
Home Address: -----._.___--
Phone Number
Members Interest
Date. of Birth — — --- _.------.---_�.
The managing partner w ll be
Ful! Name -- __-- ----
The manager, proprietor or the agent in charge of the partnership's premises to be licensed:
Tull name Fust Middle Last --
Home address __ _---.---
Phone Number Tiom___e Work
Date of Birtlr ....__—. --
M
CORPORATION OR ASSOCIATION
(To be filled out by at Officer of the Corporation or Association)
List the name or corporation or association, St. Anthony address and phone number and home office address
NTdll7e ST, ANTHONY RESTAURANT GROUP, INC.
State of Inc. or Assoc.
Fridley address
Phone number
Home office address
Phone number
14693 WACO S -T RAMSEY,MN 55363
List the frill names, home addresses,
President GUY LE
Full name Fig
numbers and date -of -birth of all officers of saidcorporation or association.
Home Address: 1_4693 WACO ST RAMSEY'MN 55363 _ ,—
Phone Number Hom763-421-4209 worx763-433-0989
Date of Birth
---- ---------------------
Vice-Presidenf
Full name
Fiat WALTER
Home Address:
3962 ENCHP
PhooeNumbcr
Horne work
Datem"Birth
6/21/49
Secretary
Full name, Fiat
.[-Tome Address:
Phone Number _ Tor
Date of Birth
Treasurer
Middle WILLIAM Iut
gDOVER. MN 55304
—"--" Work 651-248-01"
Middie Last
Full name
Fi nGUY LEON PETERSENUdlo Last
Home Address:
PhoneNumber
Horne work
Date of Birth—
List the firll names, home addresses andphone numbers of all persons who singly or together with their spouse, parents,
brothers, sisters or children,
own or control .m interest in said corporation or association in excess of 5% and date. of
both.
Full name
Flat GUY Middlc LEON —_Last PETERSEN —_
I -Ionic Address:
__�_—.----
Phone Number
_ —
Work
-
Interest
_
Date of Birth
T'i lname
rust WALTER Middle WILLIAM ". FORSCHEN _
Home Address:
---
^worx
Phone Numbez
riome
—._._.------------
Date of Birth
Full name
First JEFFREY Middle FRED Last JOHNSON
home Address:
1033 HIDDEN SPIRIT TRAIL LAWRE.N •BVI( E—GAI004F
Phone Number
klo'nc 404-867-8964 work
Interest
Date of Birth
4/15/62
(Corporation Page 2
Tall name
First Midd;e---------..-._ Last
-----_--- -- ------
.AomeAddress:
PhoneNumber
_ _
I3on----`-- �---\'orx------- ---
Interest
------`-----..---' —
Date ofBirth�_-------------------
Fuss Middle hast
Bomc Address:
.---- ——'----.----.
Phone Number
Homo N'o'^
Interest
Date of Both
Manager, proprietor or other agent in charge of the corporation cr association to be licensed
N`ullname Fust GUY ^— Miedle LEON Last _PETERSEN _
Home. Address: ---- ._..._ —..-------
Phone Number
---PhoneNumber Homo
Date of Birth -- ----- .._._----- -- — -- -- - -----—.-........ .--_._.._....
PART 11i — PE16ONAL LNFORIlLMON
City of St. Anthony Liquor & Wine License Application
This section should be completed by each individual., partner, officer, manager, proprietor or other
agent in charge, and each person who by combined ownership or control has an interest in a
corporation or association in excess of five percent (5%)
r._
e
PruName __
DateofBirh
GUY LEON PETERSEN_ _
_ _
4/26/66 — — Place of Ll L MINNESOTA
Current home Address
14693 WACO ST RAMSEY, MN 55363
City, Stats, ZiL-----�--.-..._..---.---._---—.._..
---- ----
Other Names U—sed—/Ali-a-s—'
-----
---1S
—
tatus_--___—
--- —.
ule Divorced
Aarried—ar
S.
True Name SANDRA PETERSON
_Spouse's
Date of Billh _1 dace of Birth
Home Address 14693 WACO SI RAMSEY MN 55363
_
City, S atey -i ____.N
Are you or your spouse a registered voter? Applicant Yes . No Spouse .Yes No
Location IlAMSL Y, M� Location- RAMSEY MN
Residence Address for Preceding 10 Years:
SAME
C1 ,tilt®, hp �
Name, Address and Phone Number offn ial's Rinolovet� and Par n rs for Pre dung 10 Yeats:
WALTER 1=0RSC1-IEN 763-421-4209
Names, Addresses and Phone Number of Spouse's Employers and. Partners for Preceding 10 leans:
Has applicant or spouse, or a parent or sibling or child ever been convicted of any, crime or
violation of any ordinance other than traffic? If so, please furnish information as to the time, place
and offense for which convictions were had:
NONE
Name. home address and business address of each person who is engaged in Minnesota in the
business of selling, manufacturing or distributing liquor and who is nearer to kin to the applicant or
spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law,
or N ho is a brother-in-law or sister-in-law of the applicant or the applicant's spouse.
Military Service (Upon request, you may be asked to provide discharge papers) . Yes x . No
8
T'AR'T III — PERSONAL INI ORIMA'TION
City of St. Anthony Liquor &'Wine License Application
This section should be completed by each individual, partner, officer, manager, proprietor or other
agent in charge, and each person who by combined ownership or control has an interest'in a
corporation or association.in excess of five percent (S%)
True Name
rALTER WILLIAM FORSCHEN _
Date of Birth
6/21/49 — ^�PlaceofBrth MILACA,MN
Current Home Address
3962 ENCHANTED DR 91yL?QVEB 1 N 553D_4. - -
City, State, Zip_..--.._—
—
Other Names Used/Alias'
Marital Status _ _ _,S agle Married . Divorced
Souse's True Name PATRICIA RAE GRUNWALDf_.._- ---- —.__—___._._
_
�_
_Date of Birth 7/.12/49aceofBirth._ 130C�ESTERrN1Ad---...
__
Home Address 3962 F,fLCL3L NIEL�P _ANL�O.VR MA3 34-----------
t: State,--�...... _.—
Are you or your spouse, a registered voter`? Applicant -XYes . _'NT0 Spouse - XYes No
[Location!'
NI CR, MN Location: ANDOVER, MN
Residence Address for Preceding 10 Years:
SAME= AS ABOVE.
Crty,Mate, GrL j___ _ _
C Name, Address and Phone Number orindividr.-1 s nim loyers and Pa vers for Precedin 10 Years:_
GUY E. PETE_RS()N -SFE ABOV _1 — -
SANDRA PETERSON (SEE ABOVE)
MIKELEBLANC ---_-�
_--__--
Names, Addresses and Phone Number of Spouse's Em to e's and T'a Hers for Preced n l0 Yeaxs:
-----�_.
NONE ------- ---.....—
Has applicant or spouse, or a parent or sibling or child ever been convicted of any, crime or
violation of any ordinance other than traffic? if so, please furnish information as to the time, place
and offense for which convictions were had:
NONE
Name., home address and business address of each person who is engaged in Minnesota in the
business of selling, manufacturing or distributing liquor and who is nearer to kin to the applicant or
spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law,
or who is a brother-in-law or sister-in-law of the applicant or the ap 1p icant's spouse.
NONE ---- - ---- — ------
Military Service (Upon request, you may be asked to provide discharge papers) _ _T _ - . Yes X No
M
3
pfs.TdT III— PERSONAL I_ I+OR:Nl,.PION
City of St. Anthony Liquor & Wine License Application
This section should be completed by each individual, partner, officer, manager, proprietor or other
agent in charge, and each person who by combined ownership or control has an interest in a
corporation or association in excess of five percent (5%)
TrucName JEFFREY F. JOHNSON _----
llateofBirth 4/15/1962 _ acaceofBirth�GEORGiA
CurrentlIome Address T 1033 I IIDDEN SPIIT 7RAIL LAWRENCEIILLF__S3A 300-45--
R --_
— - --j— --- - --..
c S ate, zip_._._.--------
Oher Names IJsedlAlias - -- -- '
Marital Status —.—_ Sin 1 X .Marded Divorced
Spouse's True Name 1CARRIE RENEE SQN --- ----- --- -
Date of Bath—�_ Placc of Birth _--
---
ome Address T 1033 FIRMS N SPIRITRAIL, LAWRENCEVILLE, GA 30045
h _ _.-._� _. � -- _-_..
Cttyz Staie, 7r _ -- -
Are you or your spouse a registered v oto r? l Applicant -X Yes . No Spouse Yes No
1 Location.Gf:OhGIA 1T.oeaficn — _—__�
Residence Address for Preceding 10 Years:
__ -- --
rt State Gr . —
-
Narne, Address and Phone Number o£Indivrduar s Lna losers and Partners for Preceding 10 Years_
Names, Addresses and Phone Number of S Rqns Ell els and. I toels for Preceding -1 0 Years:
Has applicant or spouse, or a. parent or sibling or child ever been convicted of ally, crime or
violation of any ordinance other than traffic? If so, please furnish information as to the time, place
and offense for which convictions were had:
NONE.
Name, home address and business address of each person who is engaged in Minnesota in the
business of selling, manufacturing or distributing liquor and who is nearer to kin to the applicant or
spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law,
or who is a brother-in-law or sister-in-law of the aPPlicant or the ap�l cant's spouse. __,
Military Service (Upon request, you maybe asked to provide discharge papers)} .Yes Y No
IM
FOR CITY USE ONLY:
Public Safety Director By:
Building b s'pector By;
Fire Marshall By:
Date Hearing Notice Published
City Council:
Decried:
Approved:
Date:
Denied
Approved _^
Date
Denied ._...._
Approved
Date
Public gearing Date:
Denied __
Approved __
_ _ Date
6
9
To
From:
Planning Commission
Kim Moore -Sykes, Assistant City Manager
r
Date: May 17, 2005
Report No.: VII.1 _
Subject:
Petition of
Variance
for Lot Coverage; 3217 - 31St Avenue NE
Pro er
Address:
3217
- 31st Avenue NE; Volna Addition, Lot 1, BIock 1.
Zoning District, R-1. Single Family Residential; legal non -conforming
KEN
Requested Action: Staff is asking the Planning Commission to review the Petition of Variance for
Lot Coverage submitted by Patrick]. Palan and Patricia J. Le Febvre, owners of 3217 - 31" Avenue
NE. The owners are proposing to construct a 12' x 10' (120 SF) deck ort the backside of their house.
Based on the Fundings of Fact from the public hearing on this request, staff recommends that the
Planning Commission consider recommending approval of the variance to lot coverage to the City
Council.
Ba.c�round: Mr. Palan met with staff to review his plans to construct a deck on the back of the
house. At that point, it was discovered that the structures on. the site exceeded the allowable lot
coverage percentage as stipulated by the City's Zoning Ordinance. Their lot is 68' x 134.6' (9,153
SF) and at 35 % lot coverage, they would be allow 3,203 SF of lot coverage. Currently, the house,
the detached. garage, the driveway and the sidewalk and patio exceed the allowable lot coverage
by 230 SF. These structures represent 3,433 SF in lot coverage.
According to the documentation from Hennepin County and. the City's address file, the house and
garage were built in 1955. Staff assumes that a driveway was also constructed at the same time but
the file does not indicate the materials used in its original construction. But in 1991., the current
owners pulled a building permit from the City to replace the original driveway with asphalt.
In their application for a variance to the lot coverage restriction, Palan and Le Febv.re stated that
the undue hardship that they have with this property is the length of the driveway required to
access their detached garage, which is located deep into the'lot. In order to build their proposed
deck and comply with the City's lot coverage requirements, they would have to move their garage
forward by about 10 feet. This would put the garage up against the house and seems a bit
unreasonable. The extraordinary circumstance that they feel that this variance would help to
alleviate is that because this property had. already exceeds the allowable lot coverage they are not
able to improve their property. Staff review of the documents in the property file shows that the
difficulty or hardship was not created by the property owners but rather as the result of the
original codification of the City's Zoning Ordinance, which occurred in 1976.
H:APianning\Staff Reports\200\3217 31st lot cov variance Staff Report.doc
�. ItAlffivy
WHEREAS, the St. Anthony Planning Commission held a public hearing on
May 17, 2005, regarding a lot coverage variance for the property located
at 3217 -31St Avenue NE; and
WHEREAS, the St. Anthony Planning Commission recommends City Council approval
of said variance based on the following:
1. Undue hardship of the property length of the driveway required to
access their detached garage
2. An extraordinary circumstance because this property has already
exceeded the allowable lot coverage
3. The lot coverage was not created by property owners, but a result of
the codification of City Ordinances
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby apVroves the lot coverage variance for the property located at
3217 —315 Avenue NE, as recommended by the Planning Commission at
their May 17, 2005 meeting.
Adopted this 24th day of May, 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
STAFF REPORT 39
To: Planning Commission Report No.:.--, VIL2
From: Kim Moore -Sykes, Assistant: City Manager 06
Date: May 17, 2005 V
Subject: Alderwoods Group -- Petition for Amendment to the Zoning Ordinance
Px, �opertyAddress: Sunset Memorial Park, 2250 St. Anthony Boulevard.
2^onin District: R-1 Single Family Residential; legal non -conforming
Requested Action_ Staff is asking the Planning Commission to review the proposed text amendment to
the City's Zoning Ordinance whereby Chapter 1.6, Section 1615.02 .is amended to permit cemeteries,
mausoleums, crypts, vaults, crematoriums, columbarium, and scattering grounds in the R-1 Single Family
Zoning District. Additionally, the text amendment would also include a change to Section 1615.03 whereby
funeral homes are allowed in the R-1 Zoning District as a permitted conditional use.
The proposed text amendment is as presented in Section #6 of the Sunset Funeral Home and Cemetery
Concept Review Submission dated April 19, 2005 and as follows with proposed changes indicated by
strikethroughs and underlines:
1605.01 Definitions. For the purpose of the Zoning Code, the following; terms and words have the
following meaning:
Subd. 32, Funeral Home. An establishment used. for uldertakirng services such as
preparing human deceased for burial, display of the deceased and. performing humanfaneral
services, sales and storage of funeral -related supplies and vehicles.
1615.02 Permitted Uses. Within an R-1 District, only the £ollowirng uses are permitted:
(e) cemeteries, mausoleums, crypts, vaults, crf-matr3r4ums and columbarium.
ai groand-s
1615.03 Permitted Conditional Uses, Within a R-1 District, the following uses are permitted only if a
conditional use permit has been issued by the City Council:
(d) funeral homes
Staff recommends that the proposed language be modified to remove crematoriums as a permitted use in
the R-1 District. Staff has also recommended a definition of funeral homes be added to the proposed text
amendment. The Alderwoods Group indicated that they are also interested in defining the minimum
acreage required for a designation of funeral home as part of the proposed language. If the proposed
changes to Sections 1615.03 and 1615.02 are agreed to, and based on the Findings of Pact from the public
hearing on this request Staff requests that the Planning Commission consider recommending approval of
the text amendment to the Zoning Ordinance to the City Council.
IL\Planning\Staff Reports\2005\Alderwoods Amendment to Ord Staff Repoa.doc
M
Bac�ound. The representatives from Alderwoods Group initially came before the Planning Commission
on September 21, 2004 for a concept review to present their proposed design for the reconstruction. of the
Administration Building at Sunset Memorial Park. Because the Park is a legal non -conforming use in the R-
1 Zoning District, Alderwoods Group requested that they be rezoned to Recreational/ Open Space and to
approve a text amendment to the Recreational/ Open Space to allow funeral homes as a permitted
conditional use.
At tlae October 19, 2004 Planning Commission, the Alderwoods Group's request for rezoning was on [he
agenda as a public hearing. During the course of the public hearing, it was agreed to and voted on to
rccorrunend to the City Council to continue the matter for 60 days. At their Council meeting on October 26,
2004, the City Council dial not grant the 60 -day continuance and voted to deny Alderwoods Group's
rezoning petition based on the fact that they felt there was not enough information to ;make a responsible
decision. The Council advised that a subcommittee of the Plamhing Commission and staff be established to
continue working with the Alderwoods Group on their project. Alderwoods Group met with the Planning
Commission subcommittee in December 2004. After many months of working with City staff, Alderwoods
Group was before the Planning Corturrissionat their April 19, 2005 meeting for a concept review of their
proposed text amendment to die R-1 Zorvng District to allow cemeteries, etc. as a permitted use and to
allow funeral homes as a permitted conditional use. The City Attorney has reviewed the proposed text
amendment and has worked with staff in its review.
I -Manning\Staff Reports\2005AAlderwoods Amendment to Ord Staff Reportdoc
l
�ZONING DISTRICTR-1 AS i CONDITIONAL
WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17,
2005, regarding a text amendment change to the ordinance to allow
cemeteries and funeral homes in zoning district R-1 as a conditional use.
WHEREAS, a motion was made to approve the text amendment as presented to the
Planning Commission and the motion failed die to a lack of a second to the
motion.
WHEREAS, a motion was made to deny the applicant's petition to amend the text of the
City's Zoning Ordinance a second was made and a votes was taken to deny.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby denies a text amendment change to the ordinance to allow
cemeteries and funeral homes in zoning district R-1 as a conditional use, as
recommended by the Planning Commission at their May 17, 2005 meeting.
Adopted this 24"' day of May, 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
May 159 2005
To St; Anthony Planning Commission
Dear ,members,
We are unable to attend the May p /4 meeting aline to prior
commitments, but we certainly would appreciate our voices being
heard regarding theproposed Surmet Cemetery re -zoning, We are
100% opposed to the Cemetery'splan and would like the
Planning Commission members to vote "NO" Not only do we
want to preserve the current historic status ofthat cemetery, but
we would like to add that Sunset has been irresponsible in
addressing theproblems of slogs running loose on their
property, They have repeatedly been told by nek yhborhood
residents that the cemetery is beim used as an off -leash dogpark
during early morn ikgs, evenings and week-enaly, and have yet to
address the problem. There are many offenders and this issue
has been called to their attention too many times to count. When
they continue to allow our loved onesoinal resting place to be a
aloe park, what lets us believe that they would be ;responsible in
any other aspect of their management
We encourage you to vote 5Nol,
Thankyou,
Chris Addington
2612 St Anthony Blum
Delores Way --
2608 St Anthony Blvd a ....: �.�
'To:
From:
Planning Conunission
Kim Moore -Sykes, Assistant City Manager
Date: May 17, 2005
r
Report No.: _ VII.3__
M
Subject: Site Plan for St. Anthony Market Place, Outlot and Endcap, Conditional Use Permits, Setback
Variances
1'ro er .Address_ 2900 Kenzie Terrace and 2702- 2.714 Highway 88
Zoningi-) tri
—is Commercial.
ILecLuested Action_
Staff is asking the Planning Commission to review the proposed revised site plan and consider tl e various
petition requests as listed below and presented by the representatives of AMCON.
Based on the findings of facts from the public hearing on each of these requests staff recommends that the
Planning Commission consider reconunending approval of the revised site plan, conditional use permits
and. variances to the City Council.
A. CONDITIONAL t1SLPERMIT - Restaurant within 250' of residential area.
B. CONDITIONAL USE PERMIT — Drive-Thru Service — Out Lot
C. VARIANCP; PL THION - Building Setback - Out Lot
D. VARIANCI: PETITION — Parkin.g on Site
Background:
Representatives from AMCON have met with staff to review their revised site plan for the remaining
development of the former Stonehouse/SAV I/ Fire Station property. On April 19, 2005, Mr. Paul'lucci,
Oppidan, Inc., carne before the Planning Commission in a. Concept Review to discuss the AMCON proposal
for the remaining piece of the St. Anthony Marketplace, Mr, Dennis Cavanaugh, 2909 St. Anthony
Boulevard, spoke against the project. He stated that these proposed site plan showing commercial
buildings situated at the City's gateway to the community was unacceptable. Mr. Robert Poster, attorney
representing the restaurant and resident, indicated that the proposed site plan being proposed is certainly
better than what was on the site previously.
Each of these requests for a public hearing have been published in the City's local newspaper and
neighboring properties have been notified by letter of the date and time of these public hearings.
A. CONDITIONAL, USE PERMIT - Restaurant within 250' of Residential Area. AMCON is required to
secure a Conditional Use Permit (CUP) for the proposed restaurant planned to be located in the
end cap of the maul commercial building at 2900 Kenzie Terrace. The City Ordinance, Chapter
16, Section 1635.03 (p) requires a CUP for a restaurant located within 250 feet of a residential
area. A single family residential area (R-1) exists on the northeast side of Kenzie Terrace and
north side of St. Anthony Boulevard. A resolution approved by the City Council in July 2003
granted AMCON a Conditional Use Permit for the proposed restaurant being closer than 250
It:APlamii❑gAStaff Reports\2005��ICON staff report 051705.doc
44
feet of a residential zoning district. The conditions approved for this site in 2003 are listed below
and pertained to a popular bar and grill that was interested in locating to this site:
a. Garbage areas must be enclosed with materials that match buildings and must be located on
the southwest: corner.
b. Lighting must be "down -spill', with no spillage to residential properties across Kenzie
Terrace and conform to adjacent area (St. Anthony Boulevard).
c. Hours for outdoor seating shall not exceed 10:00 p.m.
d. No music or other artificial noise shall be audible from any residential district.
e. City engineers must approve the plan, including a determination that the proposed plan will
riot have an adverse impact on the current water run -of situation.
f. The patio will be. on the east side of the building.
g. Breakup mass and improve the landscape to the north side of the building.
h. The design of the building shall conform to the Savage store
I. Flours of operation shall coincide with liquor service hours.
Because the current proposed tenant is not to be located in the out lot, some of the original
conditions of the approved. CUP may not be appropriate to the end cap location. For example,
the restaurant will not have an outdoor seating area, the garbage area is enclosed within the
building, no landscaping requirements, and the patio location would. riot apply.
The proposed. tenants have applied .for a liquor license and are scheduled for Council review and
approval at the May 24th City Council tneeting.
B. CONDrEONAL Usi PLR MIT -Drive-Thru� Service Out Loi. AMCO is proposing to construct a
building on the Out Lot located at 2702 Highway 88 on the north end of the lot. One of the
proposed tenants for this proposed. bu.ildnag requires a drive-thru as part of their business. ]'he
City Ordinance at Section1635.03 (b) states this is a permitted use only with a Conditional Use
Permit.
C. VARIANCE Pf.TIPION Building Setback =Out hot. In revising the original site plan due to
changes in proposed uses and the location of those uses, A.MCON has presented a site plan that
proposes a 4,500 Sr building, which represents a reduction of the building footprint by 1,500 SF.
This revised site pian also reduces tlne number of variances required for the construction of the
building planned for the Out Lot.
Originally, they required two variances as the northeast and northwest corners of the proposed
building were in the building setbacks. The City Council granted those variances in 2003.
Resolution 03-053, approved. on July 15, 2003, identified the following findings of fact based on
hardships that exist for this property:
a. The property is currently blighted, poorly planned with regard. to layout and is art overall
detriment to the area.
b. Undue hardship exists and is a result of an oddly shaped parcel that is generally triangular
in shape with a rounded side.
c. These circumstances are not caused by the applicant or property owner.
d. The variance, if granted., would not alter the essential character of the locality, but would
essentially replace existing blighted structures with new, more aesthetically pleasing
buildings.
e. The property cannot be put to reasonable use without the requested variance because even
reconstructing the existing blighted buildings on their same footprints would require setback
variances.
11 APlaaniag\Staff Reports\20051ANICON staff icport 051705.doc
I. Economic considerations alone are not the basic [for this request]. 45
g. The circumstances creating this hardship are unique to this oddly shaped property.
h. Granting of the variance will keep within the spirit and intention of the zoning code and
further, it is consistent with the City's Comprehensive Plan.
Since no construction occurred within the year of their approval, the variances expired. The
applicant is now requesting a similar setback variance to the northwest corner of the proposed
building as it does extend into the building setback 12 feet and coming within 5 feet of the
property line.
D. VARIANCE PETITION - Parking_onSite. Once again, AMCON received approval for a parking
variance for their project. There is some discrepancy as to the number of parking spaces that
were covered by the variance, but Resolution 03-053 referenced a variance of 27 spaces. Mr.
Tucci suggests that the number of spaces that needed a variance was closer to 50.
According to the revised site plan for this property and as the result of the reduction of building
square footage, AMCON has concurrently and significantly reduced the number of parking
spaces that they need to address with a variance.
Section 7.650.05, Subdivision 1., (6) states that Commercial properties are required to have one (1)
space for each 300 SF of gross .floor area. Mr. Tucci states in his letter that the 19,500 SF of retail
space, a reduction of 1,500 SF from the original plan, requires 65 parking stalls. Section 1650.05,
Subdivision :I., (3) requires that restaurants have parking spaces equal to the total seating
capacity divided by 2.5, plus one space for each employee on the largest shift. That required
)lumber of parking spaces for the tvvo icstaurant n. 71 spaces. The total parking spaces needed
for this site is 136 parking spaces; the parking spaces provided by AMCON's site plan is 115, for
a ci.eficit of 18 parking spaces. Mr. Tucci further states that should the proposed restaurant
decide on a maximum seating capacity of 100 seats, then the required parking spaces would be
118, which the same number of parkvng spaces that they are proposing to provide .for their
retail/commercial site.
AMCON will also be. before the City Council to amend the Developer's Agreement on. May 24, 2005 to
adjust the timeline as originally established to allow for the additional time required to complete the
proposed. AMCON project.
Below is the proposed. schedule for the City's processes regard no the AMCON project:
May 24 -- Public Hearing with the City Council
Liquor License
Amendment to the Developer's Agreement
Council Action on Plamring Commission .Reconunendations
Attachments:
® Letter dated April 11, 2005, Mr. Paul Tucci, OPPIDAN
9 Site Plan
o Application Packet for CUP for Restaurant within 250 feet of a Residential area
a Application Packet for CUP for Drive-Thru structure - Out Lot
® E-mail dated April 27, 2005 with elevations of the Out Lot building
® Application Packet for Variance to the Setback Requirements - Out Lot
6 Application Packet for Variance to the Parking Requirements
H:APtaunig1,,AStaff Reports\2005AAN1C0N staff report 051705.doc
EEC
WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005,
regarding a conditional use permit to allow a restaurant within
250 feet of a residential property for the development located at 2714 Highway
88: and
WHEREAS, the Planning Commission recommends Council approve the conditional use
permit to allow a restaurant within 250 feet of a residential property for the
development located at 2714 Highway 88 with the following conditions:
a. Garbage areas must be enclosed with materials that match buildings
and must be located on the southwest comer
b. Lighting must be "down spill', with no spillage to residential properties
across Kenzie Terrace and conform with adjacent area (St. Anthony
Boulevard)
c. No music or other artificial noise shall be audible from any residential
district
d. City engineers must approve the plan, including a determination that
the proposed plan will not have an adverse impact on the current water
run-off situation
e. Improve the landscape to the north side of the building
f. The design of the building shall conform with the exciting center
g. Hours of operation shall coincide with liquor service hours
h. Neon signage prohibited on west wall of building.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby
approves a conditional use permit to allow a restaurant within 250 feet of a
residential property for the development located at 2714 Highway 88, as
recommended by the Planning Commission at their May 17, 2005 meeting.
Adopted this 241" day of May, 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
of
r'_
=-- !r i
WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005,
regarding a variance for building setback for the development located at 2.900
Kenzie Terrace; and
WHEREAS, the Planning Commission had the following findings:
One rear yard setback (northwest corner of building) variance of 12 feet for
a proposed setback of 5 feet at the property line.
a. Undue hardship exists based on the following:
a. Circumstances creating the hardship is an irregular parcel with a
jog, not the result of owner/applicant
b. The variance, if granted, would not alter the essential character
of the locality as there is sufficient room at the property line and
adjacent buildings and streets.
c. Economic consideration alone is not the reason for the variance
request
d. Because of the overall shape of the parcel, the property cannot
be put to reasonable use without the need for variances.
b. The variance will maintain the spirit and intent of the zoning code.
c. The circumstances creating the need for the variance are unique to
this property because of its odd shape.
d. No signage on the north wall as described by applicant.
e. Continue working with the City on landscaping and connecting
sidewalks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the variance for building setback for the development located
at 2900 Kenzie Terrace.
Adopted this 24t" day of Mav, 2005,
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
M a;
+►1 MAS«
D iT 2900 KENZIE TERRACE
WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005,
regarding a variance for parking for the development located at the outlet building
of 2900 Kenzie Terrace; and
WHEREAS, the Planning Commission had the following findings:
1. A parking variance of 18 stalls for a restaurant and retail center (136 required)
a. The property line is currently blighted, is poorly planned and is overall
a detriment to the locale
An undue hardship would result if strict adherence to the ordinance is
required, based on the following:
i. The hardship results from the odd shape of the parcel,
and was not created by the owner/applicant
ii. The variance would not alter the essential character of the
locale, but would represent an improvement to the area
iii. the property cannot be put to reasonable use without the
variance because of its odd configuration
iv. Economic considerations alone are not the basis of the hardship
c. The circumstances creating the hardship are unique to this property
The granting of this variance will maintain the spirit of the zoning code
because of the staggered peak business times for the proposed uses
of the property, which will allow for adequate parking for all the uses of
any given time of day.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby
approves the variance for parking for the development located at the outlet
building of 2900 Kenzie Terrace, as recommended by the Planning Commission
at their May 17, 2005 meeting.
Adopted this 241h day of May, 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17,
2005, regarding a conditional use permit to allow a drive-thru on the
development located at 2900 Kenzie Terrace; and
WHEREAS, the Planning Commission took testimony from the residents opposed to
the proposed drive-thru;
WHEREAS, the residents expressed concerns regarding traffic issues and headlights
from the cars sing the drive-thru shining into the adjacent residential
areas;
WHEREAS, a motion was made to deny the Conditional Use Permit for the drive-thru
and seconded and a unanimous vote to deny was taken.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby denies the conditional use permit to allow a drive-thru on the
development located at 2900 Kenzie Terrace, as recommended by the
Planning Commission at their May 17, 2005 meeting.
Adopted this 24t" day of May, 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
Mill
so
REQUEST FOR COUNCIL CONSIDERATION
Report Date: May 17, 2005
Meeting Date: May 24, 2005
ITEM DESCRIPTION:
Resolution 05-048 — Approving
Restaurant Group, dba Huskies
MANAGER'S REVIEW:
Agenda Section: V, G
intoxicating liquor license for St. Anthony
Restaurant & Bar.
In accordance with ordinance 1000.06; Consideration of Application: Public Hearing, the
City is required to hold a public hearing on all new on -sale intoxicating liquor license
following an investigation from the St. Anthony Police Department.
The SAPD conducted their investigation and no concerning items were discovered.
After approval the license will be sent to the State of Minnesota for approval which can
take up to 30 days. No hearing is required for renewal or the transfer of a license. The
fees for said license are as follows:
$8,000.00 On -Sale Intoxicating Liquor
$ 200.00 Sunday On -Sale
'A&M&
Michael Morrison
City Manager
FOR ST. O. RESTAURANT .R w
DBA HUSKIES RESTAURANT AND BAR
Whereas, the applicant, St Anthony Restaurant Group, Inc., dba Huskies Restaurant
and Bar has submitted the proper application and fees; and;
Whereas, the City of St. Anthony Police Department has performed an investigative
background check; and
Whereas, the City Council has held a public hearing in accordance with Ordinance
1000.06 Consideration of Application, Public Hearing.
BE IT RESOLVED, that the City Council Approves the Liquor License for St Anthony
Restaurant Group, dba Huskies Restaurant and Bar.
Adopted this 241" day of May, 2005.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
M
M
OPPJIDAN
Builder of towns. Creator of valve.
5125 Couary Rano 101 11100 MiNarroNxa., AN 55345 Piion,=: 952/294-0353 • Fnx: 952/294-0151 m Wrn: www.oppidan.com
April 20, 2005
Ms. Kim Moore -Sykes, Assistant City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Request to Amend Development Agreement
St. Anthony Village Center - Aincon St. Anthony LLC
Dear Kim:
This shall serve as a request of the City of St. Anthony to amend the Development Agreement,
dated November 3, 2003, by and between Arncon St, Anthony, LLC. ("Amcon") as developer and.
the City of St. Anthony ("City").
The request is to amend the agreement for the following items:
Modify the plans to reflect the new Site Plan for the entire site, Landscaping for the
site andthe new building elevation for the outbuilding on the northern point of the
center.
® Modify the dates in the agreement to allow for the construction to begin this summer
(June -July, 2005) on the outbuilding.
® Modify the document to allow for the restaurant with liquor to go into the main
building and allow for a multi -tenant building with a drive-thru to be placed on the
outbuilding.
Eliminate the City's recapture right if the outbuilding is substantially complete within
6 months of the City approving the modification and issuing a building permit for the
outbuilding. Developer will submit plans to the City for permitting within. 30 days of
final City approval of the modification and amendment to the Development
Agreement.
We have processed applications for the proposed modification to the site plan. This application
was heard on a conceptual basis in front of the Planning Commission on April 19°'. Additionally,
we have submitted the following:
® A Conditional Use Permit for a restaurant within 250 feet of a residential use.
® A Conditional Use Permit for a Drive-Thru Service.
• A Petition for Variance for Parking on the Site.
® A Petition for Variance for Building Setback.
Each of the above submittals has a brief narrative included with it.
W
Generally, the overall site has improved. The total square footage on the entire site has decreased
from 26,000 s.f. to 24,500 s.f. Landscaping green area is approximately 1% less, due to the
configuration of the site and the Drive-Thru. We are coordinating our landscaping with the City
landscape plan for the right-of-way areas to insure a cohesive plan for the site.
Paving is 3% higher than before, again due to the Drive-Thru. Parking, although a variance is
still needed, has improved.
Previously, parking, based on what I understand of the size of the previous restaurant (approx.
225 seats) and. City codes, would .have required a variance of approximately 50 stalls. If Jersey
Mike's was factored in, that would increase to approximately 60 stalls. The new plan, counting
Jersey Mike's as a restaurant and placing a 3,500 s.f., 125 seat restaurant on the endcap, would
require a variance of 18 stalls.
'The previous approval stated that the parking variance approved was for 27 stalls. In either case,
the required variance has diminished.
The restaurant proposed is currently in discussions with the, .Boosters for pull tabs. The design we
have seen indicates an area for the pull -tab operation within the restaurant.
Overall, we feel that the new Site Plan and Restaurmmt size are more conducive for the property.
Parking is, by our calculations, closer to meeting City mquirernients. If the seating in the
restaurant is 100, the variance is only 8 stalls. Previous approvals already have allowed a
restaurant within 250 feet of residential and have allowed for the building setback variance. The
proposed building position lessens the need. for the building setback variance.
The building is designed to look like a four-sided building, thus enhancing the views to
residential and the "Gateway" corner of the city.
We look forward to working with the City of St. Anthony on this amendment. As always, please
feel free to contact me with any questions you may have on' this request.
Sincerel
Paul J.
CC: Gonzalo Medina
Jim Winkels
Mike Supma
0 R S E Y 54
iii] 1 ,. INFY 11.E
MEMORANDUM
VIA ELECTRONIC MAIL
TO:
Michael J. Mornson
CC.
Jerome P. Gilligan
FROM:
Audra E. Williams
DATE:
May 17, 2005
RE:
Development Agreement with Amcon St. Anthony, LLC
The City of St. Anthony has asked for a memo summarizing material provisions of the
Development Agreement it entered with Amcon St. Anthony, LLC, dated November 3, 2003,
with particular attention paid to the requirements surrounding the construction and operation of
a restaurant.
Several sections of the Development Agreement have been performed, and are
inapplicable to the present issue. Those sections are not discussed in this memo.
Section 2.3 of the Development Agreement requires that Amcon use its best efforts to
lease the Restaurant to a third party for use as a restaurant with a liquor license and charitable
gambling on or before September 1, 2004. The term "Restaurant' is defined in the
Development Agreement as the building designated on the Preliminary Plans and Specifications
as the restaurant, and is depicted thereon as a free standing building separate from the strip
mall. It should be noted that because the term 'Restaurant' is so defined, the requirements set
forth in the Development Agreement apply specifically to the free standing building, and not to
any other condominium unit used for restaurant purposes.
Clearly, Amcon did not meet its requirement to lease the Restaurant by September 1,
2004. The Development Agreement states that in this event, Amcon shall give a written
summary of its efforts to obtain such a lease on time, and shall thereafter give written updates to
the City describing its efforts to lease the Restaurant. If Amcon has not met its leasing
requirements on or before September 1, 2005, the City may purchase the Restaurant
condominium unit for $100.00. This option is exercisable at any time prior to the date a lease
for the Restaurant commences.
It should also be noted that even if the City has not required strict performance by
Amcon under Section 2.3 up to this point, Section 6.4 states that no waiver can be implied for a
future breach. Therefore, Amcon cannot claim that because the City has not required regular
updates describing its efforts to obtain a lease, it is exempt from doing so in the future, or that
the City has impliedly waived its purchase option.
DORtiIiY f1 VPrII"; "I2Y I.LI'
4839-4329-2928V1 5/17/2005 130 I'M
Of additional significance are the restrictions on the property as contained in the
condominium documents, pursuant to the terms of the Development Agreement. These
restrictions expressly permit a restaurant and market with a liquor license, but prohibit any use
whose primary business is selling alcohol for on-site consumption. Therefore, whether a
proposed tenant intends to use the site for bar or restaurant purposes is a major consideration.
2
OORSEY 4 W M I Ner I.LP
Date: May 4, 2005
'To: Mayor and Council
From: Captain John Ohl
Michael Mornson, City Manager
SUBJECT. Animal Nuisance Ordinance
As you are aware, the Police Department has suggested the following changes to the
animal ordinance 1210.010 Subd. 1.
The new language is as follows:
No person owning operating, having charge of, or occupying, any building or
premises shall keep or allow to be kept any animal which, shall, by ally noise,
"unreasonably disturb the peace and quiet" shall include, but is not limited to, the
creation of any noise by any animal which can be heard by any person, including Animal
Control or any Law Enforcement Officer, from a location outside the building or
premises where the animal is being kept. Any animal noise, which, occurs repeatedly
over at least a five (5) minute period of time with a one (1) minute or less laps of time
between each animal noise during the five (5) minute period will be considered a
nuisance.
"Chis language would then be followed by our current language starting with "any female
dog in heat....", but would exclude any language regarding notification.
'This change provides an objective standard, the five minutes period of time, which, we
didn't previously have.
ORDINANCE 2005-006
AN ORDINANCE, TO AMEND THE SECTION 1210 SUBDIVTSION 1;
CERTAIN ANIMALS DECLARED NUISANCES AS FOLLOWS:
1210.010 Subd. 1— Certain Animals Declares Nuisances
No person owning operating, having charge of, or occupying, any building or premises
shall keep or allow to be kept any animal which, shall, by any noise, "unreasonably
disturb the peace and quiet' shall include, but is not limited to, the creation of any noise
by any animal which can be heard by any person, including Animal Control or any Law
Enforcement Officer, from a location outside the building or premises where the animal
is being kept. Any animal noise, which, occurs repeatedly over at least a five (5) minute
period of time with a one (1) minute or less laps of time between each animal noise
during the five (5) minute period will be considered a nuisance.
First Reading: May 24, 2005
Second Readiaig:
Adopted:
Mayor
A"T"TEST:
City Clerk
Publish: St. Anthony Bulletin
RE