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CC PACKET 06282005
H.R.A. Meeting following Council Meeting CITY OF ST. ANTHONY Our Mission is to be progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL MEETING AGENDA June 28, 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 June 28, 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 wIH 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. B. C. D Approval of June 14, 2005, Counci Licenses and Permits. (p. 17) Claims. (pp. 18-19) Resolution 05-053; City's Insurance Renewal. (pp. 20-23) Meeting Minutes. (pp. 1-16) IV. Public Hearings. None. V. Reports from Planning Commission, Joel Stromgren, presenting. A. Resolution} 05-054; Requesting a variance for the rear yard at 2513 West Armour Terrace. (pp. 24-25) B. Resolution 05-055; Requesting a rezoning from R-1 Single Family Residential District to R-3 Townhomes at 3645 Chelmsford Road. (pp. 26-28) C. Ordinance 2005-008; Text Amendment; Rezoning section 1665.03. (pp. 29-31) D. Ordinance 2005-009; Text Amendment; Conditional Use Permits Section 1665.04. (pp. 32-34) VI. General Business of Council. (action requested on all items) A. City Engineer Report on the following items: Todd Hubmer WSB, presenting 1. Resolution 05-056; Awarding bid for Phase III of 39th Avenue. (pp. 35-41) 2. Resolution 05-057; Authorizing WSB to start feasibility report for 2006 Street Reconstruction. (pp. 42-45) 3. Resolution 05-058; Awarding bid for Shamrock Holding Pond. (pp. 46-50) 4. Flashing Beacon Light Update. (pp. 51-53) B. Police Department 2004 Annual Report, Chief Richard Engstrom, presenting. C. Resolution 05-059; Fourth Amendment to Development Agreement for Phase II Silver Lake Village. (pp. 54-59) D. Ordinance 2005-006; Amendment to Dog Ordinance — 3rd reading and adoption. (pp. 60-61) FACouncil Mectings\06282005\agendapg#.doe 1 CITY Of ST. ANTHONY 2 CITY COUNCIL, REGULAR MELTING MINUTES 3 JUNE 14, 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 11 ROLL CALL. 12 Present: Mayor Faust; Councilmembers Gray, Horst, Stille, and Thucsen. 13 Absent: None. 14 Also Present: City Manager Mike Mornson and City Attorney Jerome Gilligan. 15 16 17 COO S1D1e,I1AI'i0N, n ISCUSSAt0N, ,IND 13OSSJnI9 Aa ce I6iN. ON ALL OFT! :IE IF6 T,@;� WING 1.8 ITEMS. 19 20 I. APPROVAL OF JUNE 14, 2005 CITY COUNCIL MEETING AGENDA. 21 Motion by Councilmernber Gray seconded by Councilmember Stills, to approve the City 22 Council Meeting Agenda of June 14, 2005. 23 24 IVlotion carried trnaniaeaoaaslV. 25 26 H. PROCLAMATIONS AND RECOGNITIONS. 27 None. 28 29 III. CONSENT AGENDA. 30 A. Consider May 24,.2005 Council meetina minutes_ 31 B. Consider licenses and perm ts. 32 C. Consider_paynlcnt of claims. 33 34 Councilmember Horst requested item A be removed for separate consideration. 35 36 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent 37 Agenda items. 38 Motion otion carried unanunouslY. 40 41 Motion by Councilmember Thuesen, seconded by Councilmember Sri IC, to approve Item A, 42 May 24, 2005 Council meeting minutes. 43 44 Mayor Faust noted the City Attorney's name should be changed from Mr. Gilligan to Mr. 45 Lindgren throughout. 46 47 Ayes — 4 Abstain—1(Horst). Motion carried. 48 City Council Regular Meeting Minutes June 14, 2005 Page 2 IV. PUBLIC HEARINGS. None. 5 V. REPORTS FROM COMMISSION AND STAFF. 6 A. Parks Commission_ Report_ Re: Emerald Park _Doug Koehntop Parks Chairperson, 7 presenting, 8 Chair Koebntop read the request to the City Council to lure the Close Architectural Firm to assist 9 the Parks Commission in the redevelopment of Emerald Padc, 10 I 1 Councilmember Horst asked what the initial estimate on what their fees would be. 12 13 Chair Koclmtop said the Mayor asked him that earlier, and he bad instructed him to call Mr. 14 Morrison. He stated Mr. Morrison suggested the amount should be approximately $10,000. 15 Chair Koehntop said he agreed with that amount. 16 17 Mayor Faust pointed out that usually the terns "not to exceed" is ,included in the forecasted 18 amount. 19 20 City Manager Morrison said this issue was discussed at the work session and strategic planting 21 session. This is basically a feasibility report, and it will come back to the Council in six months 22 with a projected amount. The Council will consider the proposal then. He recommended the 23 amount be "not to exceed $10,000". 24 25 Councilmember Stille asked if the Parks Commission had asked the firm to create a limited plan 26 and an extensive plan. 27 2.8 Chair Koehntop responded. they asked the firm to come up with three designs to present and the 29 Parks Commission could choose from those. He added that this firm displayed pictures of parks 30 they had completed. I3e said they seem capable of interacting with the citizens and capable of 31 the architectural aspect. 32 33 Mayor Faust pointed out that Close Architectural Firm won an award on April 15 for the project 34 they completed at Harding Holding Pond. Thcy do understand the culture of the community. 35 The award is from their constituents. The City does have experience with them, and it has been 36 very favorable. 37 38 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to instruct the Packs 39 Commission to move forward with hiring Close Architectural Firm to provide a cost analyses 40 and scope of service Master plans and drawings for Emerald Park. 41 42 Councilmember Horst said he is not inclined to proceed with renovation on Emerald Park 43 because his opinion is that there is too much on the City's plate. It will be some time before any 44 projects this firm came up with could be acted on. He said with the experiences with Central 45 Park, he is concerned with what may happen with the other parks. lie sought to make it clear to 46 the Parks Commission that the City will be more involved than they were at the other park. He 47 said he thinks it is premature to go ahead with this and spend $10,000 at this time. N. City Council Regular Meeting Minutes ,Time 14, 2005 Page 3 1 2 Councilmcmber Stille noted this was discussed at goal setting sessions and he said he thinks the 3 park needs a facelift. Since Central Park panned out well, and is jam packed with kids nightly, 4 he thinks it is necessary to move forward with this. 5 6 Councilmember Stille amended his motion to add that the cost should not exceed $10,000. 8 Amended motion by Councilmember Stille, seconded by Councilmember Thuesen, to instuct 9 the Parks Commission to move forward with hiring Close Architectural Firm to provide a cost 10 analyses and scope of service Mastcr plans and drawings for Emerald Park at a cost not to I exceed $10,000. 12 13 Councilmember Thuesen concurred this issue was discussed at goal setting sessions. H.e stated 14 he thinks it is time to start exploring the options. By going forward with the feasibility report, it 15 does not make the City have to go forward, but gives options and ideas. There is stilt time to 16 discuss the options, and he noted this is a good starting point. 17 is Councilmember Horst explained he is not opposed to redeveloping the park It is high on the 19 list. H'e said he is not sure if this is an appropriate time due to financial concerns and all the 20 other things oil the plate. 21 22 Mayor Faust noted Mr. Mornson suggested the $10,000 cap in keeping with the budget. "Phis 23 would be a six-month project, and wouldn't be underway until next year. Ile said lie has 24 concerns about the northern part of the community not having a park close to them. 37°i Avenue 25 is getting too busy and crossing it with children to get to Central Park is becoming more difficult. 26 Ile said he would like the Council to look at how the current use of the land could be maxiinizcd, 27 and how some amenities could be added that residents of all ages could use. This is good money 28 spent to at least explore. 29 30 loves -4 Nays -- I J orst). Motion carried. 31 32 B. Presentation of Survey. Bill Morris Decision Resources, rep senting, 33 Bilf Morris addressed the Council and explained his firm spoke with 400 random Households in 34 the community. The non -response rate was 4%, which included either people that refused to 35 participate or they couldn't track down. These results are projcetable to the entire adult 36 population. This is a very positive survey. Residents are happy with the way things are going. 37 They have concerns about a couple issues. They feel confident about the way the city is going. 38 They rate the quality of life quite highly. In general, in taking a look at other surveys it stands 39 out as being one of the highest rated communities his company has worked with. He stated he 40 will first compare the Village to the entire metro area, and secondly to inner ring suburbs. 41. 42 Mr. Morris said the first question asked was "What do you like most about living in St. 43 Anthony." 'two things came forward most often, and the first was location. 26% pointed to 44 small town ambience and the fact that it feels more connected than a faceless suburb. The fact 45 that it is easy to get to places and the small town aspects came out as most popular. 46 9 City Council Regular Meeting Minutes June 14, 2005 Page 4 The survey asked what the most serious issue is facing the community. One out of five were unsure. 12% of the respondents said there was nothing they considered to be a serious issue. This is about double than what his firm found in the inner ring suburbs and triple what is found in the outer suburbs. One of the concerns was high taxes, whichjumped from 9% in 2001 to the top 20% currently. School funding was mentioned second most often. That was not a concern four years ago. A low number is concerned about growth or changes in the community. Two key issues emerge: one is regarding taxes and the second is school funding. 9 Within the "sense of community" question, 91% rate this highly. This is 12 to 13 points higher 10 than the norm. The sense of community is not an issue even though changes are taking place. 11 1.2 Peeling of safety was a question, and 77% feel somewhat or very safe. 80% indicated they felt 13 safe 4 yews ago, so there has been little change. Mr. Morris pointed out that St. Anthony is 25% 14 ahead of the feelings of safety felt in other first ring communities. 15 16 In the Public Safety Perception category, 33% of residents could name a St. Anthony Police 17 Officer. Usually, only 10% can name a police officer in their community. Public safety is a 18 limited concern in St. Anthony. 19 20 Mr. Morris said they asked residents to rate city services. The negative comments arc very 21 minimal. Street reconsh`rrction in which criticism reached only 1311/o is less than a third of what 22 they find in other cities. Overall, people place a good evaluation on all the city services being 23 offered. 2.4 25 On property taxes, the survey asked if people would favor an increase to maintain services at 26 current levels. 26% indicated they would be opposed, though 501%, said they would support a tax 27 increase to maintain the services. He commented this is not. a surprise, since city services are 28 rated highly in this community. Less than 20% favored the option to reduce city services to' - 29 property tax cut. Residents don't want to cut property taxes if it jeopardizes city services. Ile 30 explained there is no real pattern on this, so it is difficult to compare this to other communities. 31 32 Mr. Morris explained the results of the perception of property taxes would be categorized as 33 moderately hostile. There should be a demonstrable need or proven to meet community 34 nceds.35% believe the property taxes are too high. He compared St. Anthony to the western 35 suburbs where 80% of the residents feel their property taxes are too high. That is described as a 36 hostile community 37 38 On the value of village services, 65% rated the value as good. This is unusually high and one of 39 the strongest in the metro area. People feel they are getting a good value for thea dollars in the 40 community. 41 42 The question was posed of "what do you think about the Silver Lake Redevelopment Project". 43 86%u of the residents said it was a good idea, with 42% said it was strongly a good idea. This is 44 the highest the company has found on any redevelopment project. Only 8% felt this was abad 45 idea. Overall, this is a great endorsement of the Silver Lake area. 46 Efl, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes June 14, 2005 Page $ Mr. Morris said the question of whether residents would support more of these kinds of efforts, and 84% were in support while 9% opposed. There is a 9 to 1 endorsement to support further efforts, which is one of the strongest in the metro area. Decision Resources asked residents if any members of their household visited a liquor store in the past 6 months. 61% have done so. St. Anthony has a higher patronage level than the company finds in other communities. The survey asked residents who have visited a liquor store to rate the selection, courtesy and knowledge, and the helpfulness. The benchmark figure that is used to indicate high quality is 80%. In every case, that 80% threshold is met or exceeded. hr general, the municipal liquor store serves a larger population and serves it very well. On advertising for the liquor stores, one in five don't recall seeing any advertising regarding the stores. Most people saw advertising on grocery store receipts, in mailings, and in the St. Anthony Bulletin. There are multiple sources being seen and there is no one communications channel that is being seen. There is no consensus strongly one way or another on whether residents would support extendecl store hours for the liquor stores. In geucral, while there is a Plurality in favor, it has not reachecl a majority on either side. Mr. Morris said that drain the systems were the source of a question. They asked if therewas one at time resident's location. 35% said they do have one, and 13% were unsure. Of those whcs had a drain the system, they asked if they had a sump pump at their residence. They found that 83% did have a sump lnnnp. Of those, 87% said the sump pump discharges water to the extericsr. There is a high relation of people who say they have a drain tile systern and also have a sump primp. The survey asked about three systems of hauling; whether to keep individual haulers, assign a hauler to an area, or have one harrier for the entire community. I Le said that 52% support the present system. People were fairly intense about this issue, and many have made friends with their hauler and would be unhappy to lose their current hauler. 0 He said they asked residents what the principal info source is. Two sources dominate the system, which are Village Notes, and the St. Anthony Bulletin. The grapevine was no longer being relied upon to the extent it was in the prior survey. He pointed out that "newsletter" is listed as a separate category in the results because some residents read a newsletter, but could not name it. He added that 85% of the residents thought the quantity of information received is about right. Mr. Morris noted that 85% recall receiving a newsletter during the past year. 92% said they knew someone in the household regularly read the newsletter. It is effective in keeping residents informed. Tire format is very well received and the content is highly valued. In general, the quality of life in St. Anthony is outstanding. Residents are pleased with where Circ community is going. The only concern is the tax level. However, in looking at city services lir relation to tax dollars, there is a willingness of half of the residents to increase property taxes if it would maintain city services. City Council Regular Meeting Minutes June 14, 2005 Page 6 Mr. Morris explained in 2001, Decision Resources pointed out that one place the city may need to be more aggressive is in communication. This challenge has been met, and the city has one of the most effective newsletters in the metro area. People are satisfied with the information that is getting out there. Residents strongly endorse what the Council has been doing. Silver Lake Redevelopment has one of the strongest approval ratings of any redevelopment in the metro area in the past five years. 8 Mayor Faust said this is flattering. He thanked the Staff for touching residents on a daily basis. 9 He noted this information will be available in City Hall and on the web site. 10 11 VL TABLED BUSINESS FROM MAY 24,20K 12 City Manager Mike Mornson read the titles of each of the Resolutions and noted they are all 13 interrelated. 14 15 A. Consider Resolution _05 044 _ re: tdopt Amendment to llevelopei_Agrecment with 16 Amcon Cor oration. 17 Mr. Mornson reviewed the resolution with the Council and indicated that the Council did table 18 all the zoning and planning issues on May 24. The Council directed staff to negotiate and this 19 did occur on May 31. As has been established in previous Council discussions, the current 20 development agreement signed July 2003, between the parties obligated the developer to develop 21 a 6,000 square foot restaurant on the front pad site to be substantially completed by September 1, 22 2004, or totally completed by September 1, 2005. The developer requested a change to the 23 existing agreement to allow a mixed-use 4,500 square foot retail building on the pad site and the 24 restaurant in the existing building. hn the negotiations with the developer on May 31, 2005, staff 25 requested the pad site be turned over to the city immediately in return for an amendment to the 26 development agreement which would allow the restaurant to not go on the pad site as originally 27 planned. The City staff, as an alternative option, requested a payment of $150,000 for an 28 amendment to the development agreement. `Chis would allow the developer to constrict the 29 4,500 square foot building in lieu of 6,000 square feet and move the restaurant to the main 30 building. 31. 32 The developer was proposing a payment to the City in the amount of $100,000 to amend the 33 development agreement a week ago, which would allow them to put the 4,500 square foot 34 building on the front pad. They did come forward today with a memo agreeing to pay $150,000. 35 36 Mr. Mornson noted there is a copy of a petition included in the packet, which is presented by the 37 majority of the business owners in St. Anthony Village who feel Amcon should fulfill the 38 agreement they originally made and was approved. 39 40 Mr. Foster, of Foster & Brever, and a resident, complimented the Council on the results of the 41 survey. He tools from the survey that overwhelmingly the city residents favor redevelop i nent. 42 That is what he is here to propose. There was less than 10% of the populace of the City that was 43 concerned about future growth. That indicates to him that those that would be opposed to 44 development in the City are about 10%. He asked that as he explained his proposal, the Council 45 consider that statistic. 46 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes June 14, 2005 Page 7 He gave a basic overview. What the developer came back with in this proposal is that market value has changed. A 6,000 square foot restaurant on that site is too big of a building. The pad site was always deemed to be tight, but upon further review, it was determined it was too big of a building. Everyone that has reviewed this, including discussions with City Staff, indicated that this is a better use of that site. The Planning Commission unanimously approved all the variance requests with the exception of a drive through. That drive through was eliminated, and instead, a landscaped patio was added. He said his client thinks this has accomplished everything the City had requested. He introduced Paul Tucci to review the plan as proposed. Mr. Paul Tucci, Oppidan Inc., explained he was hired by the ownership entity to shepherd [his project to completion. He said they have reviewed the plan to remove the 6,000 square foot building and change it to a 4,500 square foot building. Oppidan has come into the processafter the die was cast. I -Ie said that 6,000 square feet seemed a bit large. Then through market conditions and their operations, a restaurant group did not follow through. A few more players came in, but the group that Mr. Foster represents is ready to go on the end cap with 4,500 square feet. They propose that a smaller restaurant will give a better project and the parking will +vorlc better. As previously noted, the original drive through planned has been eliminated, and apatio added. The petitioner's landscape architect as met with the City's landscape architect in order to carry the look from the front to the sides of the building. He noted that the north elevation of th.e building has changed to make it look more like the front of the building. Glass will be added, though it will be opaque. It will look like the front of the building, but it will be the back operations. Councilmember Horst questioned what would be seen from the street. Mr. 'Pucci responded the service doors would be seen. These would be used for deliveries and to take out the garbage. The doors will be glass doors like the front rather than steel doors that would. normally be on the back of the building. Councilmember Horst asked what the materials would be. Mr. Tucci replied it will be efface and brick, and wall sconces that match what is on the front. The existing building doesn't carry the look of the front to the back. Because the back faces the street, they were told to make it look more like the front of the building. The sides will have the same look as the front and the trash will be in an enclosure on the west side. Mr. Tucci said the setback variance is extended to 12 feet on one side. 'Though the burden of the number of parking stalls is lessened, a variance is still needed on the Highway 88 side. Mayor Faust asked if there were any questions. Councilmember Stille said he has been considering this development for months and years. The use does not seem to be coming together. A fancily restaurant grill was desired along with a possible use of pull tabs. This seems to be more of a bar. This is not the same use, He said he cannot be in favor of this development agreement. As planned in the beginning, it was important that a Spectator site restaurant was put there. This end cap of 3,500 square feet does not meet the need. The other issue that he said bothers him is the communication. In the September 14 0 City Council Regular Meeting Minutes June 14, 2005 Page 8 Council meeting, communication was discussed because it was a concern then. The 12 -month grace period was being entered. During that 12 -month grace period, there was supposed to be efforts made to communicate periodically with the Council and the City. He had asked for monthly updates even if nothing was going on. He did not receive any communication until 60 or 90 days ago. He said it is best to leave the development agreement as it is. The new terms are a major change from what was initially envisioned. 8 Councilmember Horst clarified Mr. Winkels and the City had talked a couple of years ago. The 9 original proposal mentioned a 5,000 square foot building. He remembered it was Spectators that 10 wanted to move into morc square footage. 11 12 Mr. Winkels said the ultimate design ended up being 6,000 square feet, and it was what 13 Spectators was looking at. It was what Spectators wanted, and not necessarily what the 14 developer wanted. For a variety of reasons that didn't happen. The 6,000 square feet number 15 came tip because that it what they wanted. 16 17 Councilmember Horst asked if 5,000 square feet is more reasonable. 18 19 Mr. Winkels answered that as they took al. it now, they think the new proposal fits better. 'The 20 parking demand and need for variances is reduced. He said that in discussions with City Staff, 21 they'd agreed that if the City wanted the larger square feet in the corner, they would do it, but 22 they did not think it made the best planning sense. 23 2.4 Councilmember Horst said lie read in the minutes of a Council meeting he missed that Mr. 25 Winkels replied to a question saying that if the Council wanted a restaurant on the corner, that 26 they would comply, but it should be at 4,500 square foot. He asked if he was referring to 27 Building B, or the end cap of the current building. 28 29 Mr. Winkels said that his response was that if the Council wanted that restaurant on the corner 30 rather than on the end cap, they would do that. He still thought 4,500 square feet was better. But 31 if that was their desire they would do that. 32 33 Councilmember Horst said he understands the owners had proposed 3,500 square feet on the cnd 34 cap. 35 36 Mr. Winkels concurred, stating the plan is for 3,500 square feet. They indicated it could be too 37 tight for them and they would be willing to take some more space. He said he would be willing 38 to build a 4,500 square foot building on the point, and would do a 6,000 square foot building, but 39 he didn't think it would be appropriate. 40 41 Councilmember Horst noted they talked about that end cap more than a couple times. It has 42 always appeared that that there was never a question that H&R Block would be moved. Now it 43 has come up that they could be moved for the expansion. Expansion was not an issue in the 44 beginning, but it seems to be an issue. 45 46 Mr. Tucci said there is an H&R Block next to them. He said he has had no discussion of 47 relocating them. 2 4 6 7 9 to 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31, 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes June 14, 2005 Page 9 Councilmember Horst questioned how the 4,500 square feet building would work. Mr. Tucci said that they would be put in the new building at 4,500 square feet out on the point. Councilmember Horst questioned how the name ended up being Huskies. Mr. Foster said Huskies is no longer the name of it. The Planning Commission voted that down. Since the last meeting, and as the result of questions from Council, they hired a marketing person to review what the City wants in terms of a restaurant. That marketing person interviewed a number of area residents. They did not want a. bar, and don't want a chain -type model in there. They want a local place that had some ambience they could come to as a local neighborhood restaruant that had liquor. The marketing person reviewed four different concepts: a vintage/university theme; St. Anthony Pride; European pub; and location descriptor such as Terrace or Grill. The developer has reviewed all of those and the concept they feel that would. work best is a name such as the Village Pub or Villager Pub and would have a European feel. It would have TVs to view sporting events. It would be an upscale sports bar. He referred to Councilmember Stille's earlier comment that it could look like the Jackson Street Grill in Anoka and stated it would not. They would tailor the restaurant to meet what the community is looking for. He has talked with the potential restaurant owners, and if the City makes the decision they do not want them in the end cap, they would go out in a 4,500 square foot Oudot building. It is always difficult when professional staff that is experienced in development is asked to give and opinion of what would work, and their recommendation is basically the same as from the Council. He said they are trying to reach the happy medium. He said as a representative of the group, and as a resident, he doesn't think the answer is for the City to take back that land. He mentioned Trillium Park across the street as being a non -used park, though it does make a great entrance into the city. However, it has no value for tax purposes. Councilmember Horst stated along that line, the Council showed they are willing to redevelop and showed good faith for two years to develop that land. It is only after frustration on that project the Council is mentioning the possibility of taking it back. It is not his preference. He is looking for something to enhance the City. What is being proposed is a concept; the Council cannot see what it will look like, or even be sure it will be followed through. He said he wants to sec what it looks like in order to consider variances. He said the City was set to work Like this with Spectators because they had a good idea of what Spectators would look like. He had lunch at Jackson Street and he saw what can be done. He said it appears to him that the building here is designed more for retail and he can't imagine putting a bar in there.He said he does want to see the developer put something in there and he would be willing to look at other options. He wants to see what a proposed bar/restaurant looks like before he gives any approvals. Mayor Faust noted the Jackson Street Bar was a hardware store, so it is evident what can be done to a building. He noted a backroom, service area is needed. Ile said at 3,500 square feet for a bar, there is not enough space for a full fledged bar. The 6,000 square foot proposal was probably what is needed for a full restaurant. Councilmember Gray said he does want to see this. The $150,000 offer is a great offer. With the building at 3,500 square feet, he said he has a hard time seeing how we would get to 50% MY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes 10 June 14, 2005 Page 10 food in sates there. He said it doesn't seem to make sense. He would be more in favor of putting the restaurant on the point, and. felt it would have a better chance of making it and be more in line of what the community wants. He said he feels the end cap would turn into a bar. Councilmember Tbuesen said there have been many months to think about this project. Some good things have come of it. He said the City can be proud of the new liquor stores, as they are an asset to the community. He noted he has been on the Council seven years, and has been part of many decisions. Il.e has been able to gather information and come to decisions feeling strongly in the way he wants to go. He said he does not feel strongly this time. He has carne to the conclusion that a bar/restaurant on the end cap at 3,500 square feet does not feel right He said whatever is done with the existing pad must be done right. This is an important gateway into the community. Having a restaurant on the end cap is something he cannot support. Ile said he does appreciate the $150,000 payment offer and does appreciate the negotiations that happen. there. Ile said he is open to the possibility of it going in the open pad; however a bar cannot go in there. Mayor Faust said he heard talk about the $150,000 and it is a significant amount of money. In terms of what this means to the citizens, he said there was a report from the Finance Director. When the City took over the funding from the school on the levy, which was $52,000, the report said it would increase the taxes $5 per average median house, which is in the $200,000 to $220,000 range. Therefore, the $150,000 would equate to a$ 15 one-time payment reduction in taxes and then it is not so overwhelming. He made the observation that the Planning Commission didn't have the benefit of the development agreement when they looked at this. He said the Council should not disparage what the Planning Commission did, therefore. As a sidelight, lie said he received a call from Dunn Brothers that they found out they would not get a drive through, and they were lobbying him .for that. That drive through was withdrawn three weeks ago and evidently the communication does not work both ways. Councilmember Horst stated he would like to see sonic flexibility in the development agreement at this point. If the 6,000 square foot restaurant is not feasible or practical, it can be worked with. As a reasonable body, the Council ought to see how we can work with this developer and get the project back on the hack. He said this is falling of the track and we are stumbling. He suggested looking at a more realistic approach, perhaps regarding pull tabs or size. IIe said he did not want to see this project go away Mayor Faust gave the reminder that the Council is only looking at the development agreement, and it is just a concept at this point. The Council must act on the Resolution before them. Their it is incumbent on the developer to come back with something that is more fleshed out. After that, the development agreement can be looked at again. There is a reason we have these development agreements which is to give us a vehicle to have discussions with the developers. Motion by Councilmember Horst, seconded by Councilmember Gray, to deny Resolution 05- 044, re: Amendment to Developer Agreement between the City of St. Anthony and Amcon, LLC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2-7 28 29 30 31. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes June 14, 2005 Page ll Mayor Faust noted changes to be made to the Resolution under the second "Whereas" change the date from September 2005 to 2004; and in the last paragraph, change $100,000 to $150,000 as per the City Manager. Motion carried unanimously. Mr. Foster requested to withdraw from consideration Resolutions 05-045, 05-046, 05-047, and 05-048. Motion by Couneilmember Hoist, seconded by Couricilmember Gray, to accept the withdrawal of Resolutions 05-045, 05-046, 05-047, and 05-048 per the petitioner's request. Motion carried unaninnously. B. Consider Resolution 05 0,45, ire;_ A Conditional Use Permit to allow a restaurant within 2_50 feet of a residential property for -the development located at 2714 I_lighway_W Item withdrawn at the request of petitioner. C. Consider Resolution 05-046, re: Adopt a variance for building_ setback for the develelnnent located at 2900 Kenzie Terrace, Item withdrawn at the request of petitioner. I). Consider 13es0111601) 05 047 re: Ado tp a. variance for parkin for the dcvctopnlent located at 2900 Kenzie Terrace. Item withdrawn at the request of petitioner. E. Consider R_esohrtion. OS -048 re: Ap roving intoxicatin liquor license for St. Anthony Restaurant Gro tq> CibaI1uskies Restaurant and Bar.. Item withdrawn at the request of petitioner. VIL GENERAL BUS]NESS OF COUNCIL. A. Presentation of 2.004 City and Housing and Redevelopment Authority Audits. Stuart Bomriwell, City Auditor presentin r. Resolution 05-049, re: Approve the 2004 Budget Amendment and City Audit. City Auditor Stuart Bonniwell summarized the main points of the events of the previous year. He noted there is a General Fund balance of $1,173,965, which is an increase over what it was at the end of 2003. The largest change was in the Capital Project Funds and this was due to the expenditure ofbond proceeds that we had issued in 2003 or our public facilities project. The General Fund balance had a slight increase of almost $32,000. He noted the biggest change in the budget was in the building permit category. This is in part due to the Apache Plaza redevelopment. He said he would request the City approve a resolution revising the original budget to $4,164,000. The expenses of the original budget compared to the revised budget looks like the City overspent. However it was due to building permits. This may rise again in 2005 and then level off. City Council Regular Meeting Minutes 12 June 14, 2005 Page 12 1 Mayor Faust said it is important to note that the City waited to know the actual numbers in 2 conjunction with Silver Lake Village construction. The 2004 budget the City didn't know what 3 the building permit revenue and costs would be, so it was purposely not put in the budget and left 4 to balance when the numbers were known. 6 Mr. Bormiwell said in the General Fund Reserves, $1,007,360 was designated for working 7 capital this year. The City receives their funds twice a year. The tax settlements come in July 8 and September. The City has to operate six months without 50% of the revenue, and this is why 9 the $1,173,965 is needed. He explained the self-insurance reserves and the unemployment and 10 contracts funds which will be explained in a future slide. The total fund balance in the General 11 Fund Reserves is $1,1.73,965. One of the goals is to get the fund balance to be 30% to 35%of 12 the current year's budget. We are maintaining our goal of getting; to this percent, and 13 simultaneously are maintaining our A-1 bond rating. 1.4 15 ]'he Police Contracts show revenue of $703,847. The expenditures are $636,106, which includes 16 $35,000 for police vehicles. 17 18 St, Anthony Village Wine and Spirits Marketplace store opened in June of 2004. Silver Lake 19 Village moved and opened in the same month of September 2004, and both produce total 20 operating profits of $77,385. 21 22 Mr. Bonniwell summarized Utility Operations. The fund balance increase is 5708,414. Fmidin�g 23 from sewer and water connections are one-time payments. The City has combined those -with the 24 remaining balance from its water and sewer revenue bonds issued in 2003 to entrance the utility 25 system in the future. Water filtration had a slight surplus. He explained that $50,000 was 26 transferred out of water filtration fund for 2004 purchases. 27 28 Under the investment summary, the total investment income was slightly over $320,000. Ile 29 said the City does not take too much risk in investments. 30 31 The City's total debt is $22,650,000 which includes road improvement bonds, tax abatement 32 bonds, storm sewer revenue bonds water sewer revenue bonds, public facility/lease revenue, 33 liquor revenue bonds, equipment certificates and tax increment bonds. 34 35 He pointed out there is a zero balance in the comp -time liability fund. 'The current funds on hand 36 are $188,637 in the Severance Fund. 37 38 The audit recommendations include a uniform allowance. There are new IRS regulations that 39 the uniform allowance be subject to federal and state taxes, and the process must now be paid. as 40 part of the payroll process so it can be accounted for on the W -2s. He explained that the City has 41 a nonaccountable plan in that they do not require the Police and Fire departments to provide a 42 plan of the money they spend. The payments can be made by separate check. He suggested 43 creating a set of fixed asset records in a three ring binder. 44 45 Mr. Bonniweli concluded by noting he recommends the City should amend the General Fund 46 Operating Budget to $4,164,000 to include the building permits. He also recommended 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes 13 June 14, 2005 Page 13 eliminating the check cashing change fund in liquor operations. It is no longer needed for off - sale operation. This recommendation has been implemented by staff and completed. Mayor Faust questioned whether a motion should be made on any recommendations made. Mr. Morrison responded this resolution approves the budget and amends it. Motion by Councilmember Gray, seconded by Councilmember Borst, to approve Resolution 05- 049 re: A Resolution Approving the Audit of the City of St. Anthony for the Year Ended December 31, 2004. Motion carried unanimously. B. Resolution 05-050; lined and fund loan for TIF District 3-5 Apache Redeyelopmp1 Stuart Bonniwcll, CityAuditorl_prpsenting, Mr. Bonniwell stated the new TIF district has incurred some expenses. With state guidelines being more stringent, the TIF districts are not allowed to run a deficit. The resolution before the Council allows the authorizing of internalloans. Motion by Councilrnember Stifle, seconded by Couneilmember Thuesen, to approve Resolution. 05-050 rc: Authorizing Internal Loans for Advance of Public Redevelopment Costs in Connection with Tax Increment Financing District No. 3-5. Motion carried tsuauirn� C. Resolution 05-051 -Requesting_interested residents to submit letters of interest for a task force to assist with the design o1 Silvc; Lake Road. City Manager Mike Morrison stated this has been discussed in previous meetings. This has been a priority in planning goals. The Resolution is the fust step in this process, which is the establishment of a Silver Lake Road Task Force. Interested applicants have until August 1, 2005 to send a letter to the City Manager to express their interest in said task force. The City Council will appoint Task Force members at their August 9, 2005 meeting. The Task Force first meeting will be August 22, 2005. They will meet the fourth Monday of the month for approximately six months, with a presentation to the Council in March. The City Staff that would be involved is Jay Hartman, Todd Hubmer, a representative from the County, and a staff member from Commissioner Stenglein's office. Motion by Councilmember Thuesen, seconded by Councilmember Horst, to approve Resolution 05-051 re: A Resolution Establishing a Silver Lake Road Task Forec and Appointing Members Thereto. Motion carried unanimously. D. Ordinance 05-006• Amendment to Dog_Ordinance. 2"d reading Mayor Faust noted this Amendment states that any animal noise, which occurs repeatedly over ut least 5 -minute period of time with a one minute or less lapse of time between each animal noise during the 5 -minute period will be considered a nuisance. 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 29 30 31 3'2 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes 14 June 14, 2005 Page 14 Motion by Councilmember Hoist, seconded by Councilmember Gray, to approve Ordinance 05- 006, re: An Ordinance to amend the section 1210 Subdivision 1; Certain animals declared nuisances. Motion carried unanimonsl_ L. Ordinance 05-007; Amendment to Ordinance 1130:03 subd. G. 3rd readinw Mayor Faust said the first and second reading is going to be waived. City Manager Mike Morrison said this is a request from the Police Department. The current ordinance is extremely weak. This amendment would allow criminal history checks to be conducted on solicitors. The request is that the Council waive the fist two readings, since this is an immediate issue. Councilmember Thuesen asked if the results of a criminal history check would have to be received before anyone could sell items door to door. Mr. Morrison said the results must be received. Mayor Faust asked if this would pertain to those selling firewood door to door. Mr. Morrison answered it would. lie added that this is in effort to protect the residents. Mayor Faust noted that any solicitors should possess a permit, and if they cannot produce one, a citizen should call the police. Councilmember Gray asked how it would affect minors selling items fora nonprofit agency. Mr. Morrison answered they are exempt - Council in ember xempt. Councilmember Thuesen asked if this would apply to the people that come to the door asking for your signature on apetition for environmental issues, for example. Mr. Morrison said he would - check to see whether it does apply. Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Ordinance 2005-007 re: An Ordinance to Amend the Section 1130.03 Conditions for Registration: Subsection G and waive the first and second readings. Motion carried. unanimously. F. City Manager Mike Morrison explained this is for the Federal. Aid Funds for the Phase III improvements. Motion by Councilmember Horst, seconded by Councilmember Thuesen, to approve Resolution 05-052 re: A Resolution Appointing the Commissioner of Transportation as Agent of the City to Accept }federal Aid Funds. City Council Regular Meeting Minutes June 14, 2005 Page 15 1 Motion carried unanimously, 3 VIII. RT;-i'ORTS FROM CITY MANAGER AND COUNCIL.MI MBERS. 4 City Manager Mornson reported the following: 5 ® Due to the active Council schedules recently, the July 12 meeting may not need to be 6 held. This can be decided at the Council meeting on June 28. The work session scheduled for August 2 may be changed to August l due to National Night Out. 9 0 Ile will meet with Autumn Woods who is proposing a change to their plans from an 10 approved PUD a year ago. They are not under a time frame with a.PUD. They may I 1 present a new concept to the Planning Commission as early as next week. 12 13 ® An amendment to the Silver Lake Development Agreement will be proposed at the 14 next meeting. There are a few issues that need to be resolved. 15 16 ® Approval from "Three Rivers Park District was received to put in a sign at County 17 Road E and Silver Lane. 18 19 0 In the noxi two weeks, the State of the City Report that updates all the projects is the 20 City will be available. 21 22. Corrnci hnesnber Thuescn thanked the Park Commission Chair for attending. I e said Cental 23 Park has many success stories. He suggested looking at how the baseball field is situated and 24 where foul balls fall. lle said he would request this issue be discussed at a future work session. 25 Ile noted the fields are not all back to back, and there may be some limits to the protection that 26 can be provided. 27 2.8 Councilmember Gray reported he had the opportunity to judge a contest at Cub Foods within the 29 past couple weeks which was for community members oif any age to use their creativity to build 30 something out of paper bags that would represent something in the community. It was a great 31 idea for community spirit. Faeh store is doing this in their community and there will be finals. 32 33 Councilmcnaber Horst had no report. 34 35 Councilmember Stille noted residents may receive solicitation requests for silent auction items. 36 He explained Village Fest is not run by the City, but is run by a nonprofit organization. In large 37 part, the funding comes from donations and cash donations. The City Hall is a dropping point 38 for donations of items or cash. The cash donation program will provide recognition in the local 39 paper. 40 41 Mayor Faust indicated that he attended the MMPA on May 26. Beverly Aplikowski is the mayor 42 of Arden.1- ills, and she was elected president. The Vice President is the Mayor of New 43 Brighton, Steve Larson. 44 45 Mayor Faust also noted the Council met with the School Board on May 31. On June 2, the City 46 Council took a bus tour. Ile said Staff has been very busy on the goals set earlier in the year. 47 1 2 3 4 5 6 7 8 9 10 11, 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 City Council Regular Meeting Minutes 16 June 14, 2005 Page 16 IX. COtYIiMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Mary Bauer, 4000 Foss Road #103, stated she has lived in the Village since 1957. She stated her concern was Foss Road and said it was an accident waiting to happen. There are pedestrians on both sides and strollers and vehicles. She asked the Council to consider putting a speed counter on the road to slow down the speed. She said many of the drivers come around the curves fast. Mayor Faust said the City Manager will be talking to the appropriate departments. He noted residents can work with Public Works to obtain signs. Ms. Bauer said she was told to appear before the Council with her concern. John Mondati, 3420 ITigh Crest Road, stated he worked on Trillium Park for four years. He donated an elm tree worth $300. He said it is a nice park, but it could use some improvements Ile suggested an arbor be added and a love seat underneath, f i c offered to pay for the roses to go around the top of the arbor to beautify it. Mayor Faust moved forward with the agenda. X. INFORMATION AND ANNOUNCEMENTS. Mayor Faust noted that the Chamber of Commerce is sponsoring the second annual grecs rouse project. If any resident has a beautiful yard that beautifics the city, they should enter it. XI. MISCELLANEOUS INFORMATIONAL DOCUMENTS. None. X11. ADJOURNMENT. Mayor Faust adjourned the meeting at 9:28 p.m. Respectfully submitted, Chris Moksnes Ti'naeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor Saint Anthony Village 17 DATE: June 28, 2005 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits .for Approval: Heating Contractor License: Fore Mechanical, Blaine, MN Heating & Cooling Two Inc, Maple Grove, MN NewMech Companies, St Paul, MN Gilbert Mechanical Contactors, Inc, Edina, MN Egan Companies, Brooklyn Park, MN CenterPoint Energy Resources Corp, Anoka, MN Thennex Corporation, St Louis Park, MN Sedwick Ideating & Air Conditioning, Minneapolis, MN Centraire Heating and Air Conditioning, Inc, Eden Prairie, MN St Marie Sheet Metal, Inc, Fridley, MN Major Mechanical Inc, Maple Grove, MN Fireworks License: Wal-Mart, 3800 Silver Lake Road Freedom Valu Centers, Inc, 3810 Silver Lake Road. Temporary 1.2 ,Beer Permit: Joseph & Jean Senko, 2812 W Armour Terrace Central Park / July 10, 2005 / 11:OOam - 7:OOpm ACS FINANCIAL, SYSTEM ST. ANTHONY VILLAGE 06/20/2005 14: Check Register GLShOR-V06.VO PAGE 1 BANK VENDOR CHE'CK9 DATE AMOURT FIRS BREMER BANK NA 0089641 ACCLAIM BENSYI'PS 25183 06/29/05 223.48 008242 AFFILIATED COMPUTER SERV 25184 OG/29/05 2,800.00 005089 AMERICAN PUBLIC WORKS AS 25185 06/29/05 30.50 008909 ARCH WIRELESS 25186 06/29/05 21.81 000239 ASPEN MILLS 25189 06/29/05 400.95 008555 BIFFS, INC. 25188 06/29/05 252.52 003714 BUILDING FASTENERS 25189 06/29/05 15.9'1 000610 CA'PCO 25190 06/29/05 50.14 002380 CENTERPOIN'P ENERGY MINNE 25191 06/29/05 581.84 009185 CITY OF ST PAUL MPP 25192 06/29/05 109.96 008597 CITY OF ST. PAUL 25193 06/29/05 20.50 00/178 D -ROCK CENTER & SMALL RN 25194 06/29/05 26.63 008834 DEMPSEY'S STUMP SERVICE 25195 06/29/05 80.00 000009 DIM4OND VOGEL PAINTS 25196 06/29/05 421.10 009061 EMERGLNCY AUTOMOTIVE TEC 25197 06/29/05 64.'10 008153 FILTHRFRSH 25198 06/29/05 56.89 008647 FRAT'CALLONE'S HARDWARE 25].99 06/29/05 27.58 001030 G & K SERVICES INC 25200 06/29/05 305.60 007059 GOVERNMENT TRAINING SERV 25201 06/29/05 385.00 001250 GRAINGER INC/W 11 25202 06/29/05 250.15 009169 HARBOR "FREIGHT 'POOLS 25203 06/29/05 80.84 001410 DARMON AUTOGLASS 25204 06/29/05 1.26.35 008944 1112NN CNTY INFO 'TECH DEPT 25205 06/29/05 10.00 008376 HENNEPIN CNTY SHERIFF'S 25206 06/29/05 99.92 008252 HOME DEPOT CREDIT SERVIC 25207 06/29/05 378.91 008658 INSTRLIMFNTAL RESEARCH, I 25208 06/29/05 01.00 007392 LARSON COMPANIES 25209 06/29/05 13.38 001980 LEAGUE OF MN CITIES 252.10 06/29/05 25.00 002040 LILLIE SUBURBAN NreMPAPE 2521.1 06/29/05 354.06 002160 MARSHALL CONCRE1"el PROD 25212 06/29/05 1,615.62 000455 METRO ATHLETIC SUPPLY, 1 25213 06/29/05 351.29 002280 MIDWEST ASPHALT CORP 25214 06/29/05 519.09 002360 MN CONBAY FIRE & SAFETY 25215 OG/29/05 598.27 007312 NORTH AMERICAN SALT COMB 25216 OG/29/05 3,139.92 001.230 ONE CALL CONCEPTS, INC. 252'7 06/29/05 412.75 008528 PACE ANALYTICAL PERVTCHS 25210 06/29/05 311.00 007366 PARTS M,iDWEST, INC. 25219 06/29/05 9.73 009139 PROPERTY KEY, INC. 25220 06/29/05 50.00 004492 QWEST 25221 06/29/05 428.65 003100 ROSEDAL2 CFIEVROLET 25222 06/29/05 13.30 008076 S.M. HENTGrS & SONS, INC 25223 06/29/05 62,639.5G 003490 STR2ICIIER-S 25224 06/29/0S 3,811.95 008907 TOUSI,EY FORD 25225 06/29/05 25.24 003560 TRACY PRINTING 25226 06/29/05 268.00 008561 UNITED RLNTALS COMPANY 25229 06/29/05 1.67 .06 009023 US INTERNET 25228 06/29/05 62.50 008229 VERIZON WIRELESS, SALLF,V 25229 06/29/05 87.08 003700 VIKING INDUSTRIAL CENTER 25230 06/29/05 38.12 002600 XCLL ENERGY -25231 06/29/05 13,3'16.81 009145 XPRESS GRAPHIX SIGN SUPP 25232 06/29/05 114.06 BREMER BANK NA 95,318.58 ACS FINANCIAL SYSTEM A` ST. ANTHONY VILLAGE 06/21/2005 09: Check Register GL540R-VOG.70 PAGE 1 DANK VENDOR CIIECKjf DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 000964 ACCLAIM BENEFITS 24562 06/29/05 2G.73 009165 ADVANTAGE TAPE ADVENTIST 24563 06/29/05 390.00 009058 AMERICAN BOTTLING COMPAN - 24564 06/29/05 290.40 008794 ARCTIC GLACIER INC. 24565 06/29/05 765.77 004293 BELLBOY CORP. 24566 06/29/05 9,747.00 0091.73 BERLSON IMFCRTE 24567 06/29/05 52.50 009100 GAT & FIDDLE BEVERAGE 24568 06/29/05 352.00 002300 CENTERPOINT ENERGY MINNE 24569 06/29/05 29.18 004080 CHISAGO LAKES DIST. CO., 24570 06/29/05 2,424.53 004085 CITY OF -.ST ANTHONY 24571 06/29/05 19,429.06 008814 CITY WIDE WINDOW SERVICE 24572 06/29/05 69.23 004095 COCA COLA ENTERPRISES IN 24573 06/29/05 1,056.50 000557 DAILEY DATA & ASSOCIATES 24574 06/29/05 159.75 008219 DEW 142DIA EAST 24575 06/29/05 195.83 004120 BAGI,E WINE CO 24576 06/29/05 4,650.01 004125 EAST SIDE BEVERAGE; CO 24577 06/29/05 10,707.05 008697 EXTREME BEVERAGE 24578 06/29/05 224.00 001030 G & K SERVICES INC 24579 06/29/05 116.87 004172 GRAPE BEGINNINGS, INC. 24580 06/29/05 470.75 004175 GRIGGS COOPER & CO INC 24582. 06/29/05 16,697.14 004207 HORENSTEINIS, INC 24582 06/29/05 3,440.00 008547 INTERNATIONAL CIGARS„ N 24503 06/29/05 764.50 004220 JOHNSON BROTHERS LIQUOR 24584 06/29/05 29,500.34 004230 KUETHER DISTRIBUTING CO 24SOS 06/29/05 48,113.79 002040 LILLIE SUBURBAN NEWSPAPE 24586 06/29/05 275.00 009114 M. AMIINDSON id,P 24589 06/29/05 1,936, 63 004265 MARK VII SALES INC 24588 06/29/05 17,861.19 002850 MEDICA CHOICE 24589 06/29/05 2,649.13 . 004277 MIDWEST TAPE. & RIBBON IN 24590 06/29/05 500.00 009113 MINNESOTA CROWN DIS'2'RISU 24591 06/29/05 222.00 00888i 14INNESO'TA WINEGROWERS 24592 06/29/05 84.50 004299 MPLS. OXYGEN CO. 24593 06/29/05 5.61 009084 MUZAK - NORTH CENTRAL 24594 06/29/05 49.58 008883 NEW FRANCE WINE C0MPANY 24595 06/29/05 849.00 008946 NEXT DAY GOURMET 24596 06/29/05 394.05 004334 N0R'THEAS'TER, 24597 06/29/05 430.00 004354 PAUSTIS & SONS 24598 06/29/O5 3,802.11 004360 PHILLIPS WINE & SPIRI'TS 24599 06/29/05 12,406.83 004376 PRIOE WINE CO 24600 06/29/05 4,227.09 008787 PROMOTIONAL PAGES, INC. 24601 OG/29/OS 580.00 000710 PRUDENTIAL LIFE INSURANC 24602 06/29/05 18.34 00912.5 QUALITY REFRIGERA'TI0N IN 24603 06/29/05 303.75 004385 QUALITY WINIE CO 24604 06/29/05 22,549.18 004492 QWEST 24GOS 06/29/05 301.40 009119 RECHECK 24606 06/29/05 30.00 008983 SOULO DESIGN, INC 24607 06/29/05 407.50 009103 SPANISH WINES IMPORTERS 24608 06/29/05 148.16 009072 SPECIALTY WINES & BEV. L 24609 06/29/05 470.00 008470 SUN NEWSPAPERS 24610 06/29/05 1,273.00 008024 TRS -COUNTY BEVERAGE, INC 24611 06/29/05 437.00 008888 VALPAK OF MINNEAPOLIS -ST 24612 06/29/05 1,450.00 008310 'WINE MERCHANTS INC 24613 06/29/05 2,486.31 002680 XCE'L ENERGY 24614 06/29/05 2,710.85 LIQUOR CHECKING ACCOUNT 236,531.14 +�+ ME MFM11dAAD1LM DATE: June 17, 2004 TO: Mike Mornson, City Manager FROM: Roger Larson, Finance Director ITEM: LEAGUE OF MN CITIES INS URANCE RENEWAL The attached information includes price quotations for property, auto, general liability, and workers' compensation. The cost for maintaining our present coverage of $10,000 deductible and $50,000 aggregate through the League of Minnesota Cities totals $163,708. This amount represents an increase in premiums of $7,466. Basically the cost for insurance remained stable with the exception of Property, Automobile, Workers Compensation and Liquor Liability premiums, Ilroper•ty: The premiums have increased because of the addition of the new Public Worlcs and Fire Station buildings being added to our assets/property. Automobile: Premiums Dere increased due to the rating factor increase and a trailer being added to the coverage. The loss ratio for this year's premium is based on 2003 and'7_004 activity when a St. Anthony squad was t -boned and suffered major damage. Workers Compensation: Overall the cost for all LMC member cities saw an increase in premiums. The increase is moderate and is within the projected allocation in this year's budget. St. Anthony will continue to maintain a Managed Care Provider. F;mployees who are injured on the job are assigned to a specific clinic and coach for the rehabilitation of their injury. "'Phis results in a 3% reduction in workers' comp premiums and assists the employee with developing a medical plan and treatment schedule. Liquor Liability: 'T'hese premiums are based on sales. In 2004, during construction both stores were closed, which reduced the cost of liability insurance. The increase in premiums for 2005 is based on estimated sales for both stores being opened for 12 consecutive months. As in previous years, no other insurance companies chose to compete with the League of Minnesota Cities Insurance Trust. It should be noted that the costs of the premiums are within the amount budgeted in the 2005 operating budget. Staff recommends Council pass Resolution 905-053 approving renewal of insurance coverage through the League of Minnesota Cities at a cost of $.163,708, approving off -sale liquor liability insurance totaling $1.1,250 and waiving the statutory limits of tort liability. M Insurance Renewal: Liquor Off -Sale: (Combined Quote for Market Place and Silver Lake Village) Increase 20U Property $189446 $ 209149 $19703 Inland Marine $ 39003 $ 39134 $ 1,31, Boiler/Machinery $ 19968 $ 29479 $ 511. Cerner°al/Lrab>lrty S 379053 S 379182 S 129 No Fault/Sewer Backup $ 39150 $ 39167 S 17 Automobile S 169849 $ 1.99531 $29682 Fidelity $ 601 $ 766 S 165 Open Meeting Law $ 582 $ 585 $ 3 Workers' Comp $ 739429 $ 759554 $ 29125 Volunteers $ -0- 0TOTAL TOTAL LMCIT $1569242 $1639708 $ 79466 Liquor Liability -- Off Sale $ 99315 $119250 $19935 TOTAL COSTS $1659557 51749958 $99401. Liquor Off -Sale: (Combined Quote for Market Place and Silver Lake Village) 40 T.0 N11 LIQ&C;O iPANY ;nsnmic, and 6mids Suxa 1912 CITY OF ST. ANTHONY Premium Breakdown and Comparison and Renewal Binder Coverage 2004/2005 i 2005/2006 Property* _ $18,446 $2.0,149 Inland Marine* 3,003 3,134 Equipment Breakdown* 968 7,479 Municipal liability" i 37,053 37,182 No Fault Sewer Back-up* 3,iS0 3,167 Liquor Liability* 9,37.5 11,250 Automobile* _ 16,849 19,531 Crime* Included Included Employee Dishonesty Bond _607 766 Open Meeting Law 582 _ 585 Workers Compensation 73,429 75,554 Volunteer Accident Plan 1:,.161 11161 TOTAL ALL PREMIUMS $165,557 $174,958 $10,000/50,000/1,000 All Lines Deductible, except $2,500 Deductible for Equipment Breakdown coverage. Approximate savings for large deductible: $25,733 OPTION: $1,000,000 Excess Liability - $20,074 Annual Premium Renewal coverage is bound up to 60 days pending issuance of policies. Coverages bound are based on L.M.C.I.T forms and practices in effect on renewal date. NOTE: DO NOT PAY UNTIL YOU RECEIVE INVOICES! This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the details of your coverages, terms, conditions and exclusions that apply. .530 North Robert Screen ®Sc. Paul, AQinnesora 55101 ® (651) 227.8405 Fax: (651) 227-0507 Mailing Address: P.O. Box 6401166 ® St. Paul, Minnesota 55164 W CITY Of'ST. ANTHONY VILLAGE, RESOLUTION 05-053 A Rl3SOLUTION REGARDING RENEWAL OF INSURANCE COVERAGI ANDT11111, WAIVER OF TORI" LIABILITY LIMITS I'OR THEI LMCIT INSURANCEPROGRAM. AM. WHEREAS, the City Council of the City of St. Anthony hereby approves participation in the League of Minnesota Cities Insurance Trust (LMCIT) insurance program for the year 2005/2006; and WIII ;REAS, the City has elected to purchase liability coverage in the amount of $1,000,000.00 per occurrence, as set forth in the MN Statutes 466.04. BE I I' RESOLVED, that the City Council of the City of St. Anthony hereby approves the renewal of insurance coverage through the League of Minnesota Cities at a cost of $163,708.00 for the policy period June 1, 2005 to May 31, 2006. 1N ADDITION, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the renewal of inu nicipal off -sale liquor insurance for its off -sale stores (Market Place and Silver Lake Village) in the amount of $11,250.00 for the policy period of June 1, 2005 to May 31, 2006. 1'IIERliFORL, BL' IT FURTHER RESOLVED, that the City Council of the City of St. Anthony hereby approves waiving of the monetary limits on tort liability established by MN statute 466.04 to the extent of the limits of the liability coverage obtained from the LMCIT for the policy period of June l , 2005 to May 31, 2006. Adopted this day of _. _ 2005. ATTEST: Mayor City Clerk Review for Administration: City Manager W STAFF REPORT 24 To: Planning Commission Report No.: VII.1 From: Kim CityManager Moore -Sykes, Assistant Ci y Date: June 21, 2005 Subject: Petition of Variance for Rear Yard - 2513 West Armour Terrace NE Date Application Received: May 18, 2005 Property -Address: 2513 West Armour Terrace NE Zoning District: R-1 60 -Day Expires: July 18, 2005 Requested Action: Staff is asking the Planning Commission to review a request by Mr. John Kaczmarczyk for a variance to the rear yard requirements of the City Ordinance in order to construct a 26' x 30' (780 SF) garage in the rear yard setback of his property. BackgrouThe subject property is located at 2513 West Armour Terrace and is zoned R-1. This residential interior lot is approximately 10,106 SF in size and is 20% covered with impervious surfaces. The proposed garage would increase the lot coverage to 28%. The proposed garage is not eligible for a garage setback permit as allowed by Section 1650.02, Subd. 6 Garage Setback Permit because it is too large. The City Ordinance requires that the garage would not cover an area larger that 528 SF and have no dimension greater than 24' within, either a side yard or rear yard setback. In discussing the moving the proposed garage forward 10' to comply with the 25' rear yard setback, Mr. Kaczmarczyk reported that moving it forward would bring the proposed garage to within 5' of his existing back porch. The State Fire Code requires 6' clearance between structures and as Mr. Kaczmarczyk reports, having 15' between the porch and the proposed garage would also allow access to the power poles in the back of the property. Staff has not received any phone calls or letters from adjacent property owners in response to their notice of this public hearing or project. Attachments: • Petition for Variance . Site Plan and Survey of the Lot Applicant's Letter HAPlanninglStaff Reports120051062105 'Varianace 2513 W Armour Terrace.doc REAR YARD FOR A PROPERTY LOCATED AT 2513 WEST ARMOUR TERRACE NE WHEREAS, the St. Anthony Planning Commission held a public hearing on June 21, 2005, regarding a request for a variance for a rear yard setback, and WHEREAS, the Planning Commission reviewed the information and found that the applicant had not satisfactorily established a case for hardship; and WHEREAS, the commission felt the applicant could reconfigure the proposed garage to fit within the current setbacks or reduce the size of the garage NOW, THEREFORE BE IT RESOLVED, the Planning Commission recommended Council deny the request for a variance for rear yard setback for the property located at 2513 West Armour Terrace NE. Adopted this 28t" day of June,_ 2005. ATTEST: Mayor City Clerk Review for Administration: City Manager W STAFF REPORT 26 To: Planning Commission Report No.: VU -2 From: Kim Moore -Sykes, Assistant City Manager b� Date: June 21, 2005 Subject: Rezoning Request Application for 3645 Chelmsford Road Date Application Received: May 20, 2005 Property Address: Zoning District: 60-DAy Expires: 3645 Chelmsford Road R-1 July 20, 2005 Requested Action: Staff is asking the Planning Commission to review a request by Troy Martenson, owner of 3645 Chelmsford Road to rezone 3645 Chelmsford Road, from R-1 Single-farnily Zoning District to R-3 Townhouse Zoning District. Background: Currently, the property is zoned R-1 and has a single-family home on the lot. The lot size is 23,541 SF with a 75' utility easement given to Xcel Energy and is across the northern portion of the lot. The property adjacent to the east is zoned R-2; the properties directly across 37th Avenue to the north are zoned R-4. There have been several attempts to split this lot but because of the utility easement, these attempts have either been denied by the City or upon discovering the easement, petitioners have cancelled their applications. R-3 Townhouse Zoning District that is being requested by the property owner allows townhouse buildings that contain not less than three (3) units nor more than eight (8) units; that there is 4,000 SF of land per dwelling unit, with a total area of 15,000 SF; and a lot width of at least 90 feet at the building setback line. There also must be at least two (2) parking spaces per dwelling r.mit with at least one parking space being enclosed. Mr. Martenson, the current owner of 3645 Chelmsford Road, is proposing to construct a 4,320 SF townhouse building with four (4) 1,080 SF units, each with three (3) bedrooms. In addition, each unit will have a 2 -car tuck under garage. The total square footage of the site is 23,541.07 and. Mr. Martenson's proposal meets the City's requirement of 4,000 SF of land area per dwelling unit. This proposed project is very similar to the townhome complex that is located on the old Clark Station site, at the corner of 33rd Avenue NE and Stinson Boulevard in St. Anthony. Mr. Edwin Trapp, Xcel Siting and Land Rights Division, submitted a letter advising the City that the site plan as submitted to Xcel by Mr. Martenson has been reviewed and determined that the driveway encroachment from Chelmsford Road is acceptable to Xcel with several conditions that they expect Mr. Martenson to respect. A copy of this letter is included in the meeting packet.. HAPlanning\Staff Reports120051062105Rezone 3645 Chelmsford 062105 Staff report.doc Staff has received several phone calls in response to the notices of this public hearing. No one spoke aga this proposal, but granted clarification of the project. Attachments: • Petition for rezoning • Site Plan • Current Survey of the Lot • Applicants Tetter • Photos of the Site • Photos of Similar Project at 33rd Avenue and Stinson Boulevard • Letter from Xcel Energy RE: Utility Easement H:1Planning\Staff Repo rts12005\062105Rezone 3645 Cbelmsford 062105 Staff report.doc AT 3645 CHELMSFORD ROAD WHEREAS, the St. Anthony Planning Commission held a public hearing on June 21, 2005, regarding a request for a rezone from R-1 Single Family Residential to R-3 Townhomes for the property at 3645 Chelmsford Road NE; WHEREAS, the commission heard a staff report, comments from those individuals with interest in the rezoning application and established findings of fact that this application does not represent spot zoning; that the parcel satisfies the city's requirements for the R-3 zoning district NOW, THEREFORE BE IT RESOLVED, the Planning Commission recommended Council approve the request for a rezoning from R-1 Single Family Residential to R-3 Townhomes for the property located at 3645 Chelmsford Road NE. Adopted this 2W" day of June, 2005. ATTEST: Mayor City Clerk Review for Administration: City Manager WFG '4 STAFF REPORT To: Planning Commission Report No.: VH.3 From: Kin Moore -Sykes, Assistant City Manager Date: June 21, 2005 Subject: Proposed Ordinance Text Amendment - Rezoning, Section 1665.03 Date Application Received: Property Address: Zoning District: 60 -Day Expires: No Application submitted to date. N/A N/A N/A Requested Action: Staff is requesting that the Planning Commission review the proposed ordinance text amendment that updates the City's Code on its rezoning process. The City Attorney advised staff that in 2001, the State passed legislation that amended Section 462.357, Subd. 2(b) of the Minnesota Statute, the City should change its rezoning language in the City Code to reflect this amendment. This change allows only supermajority vote on rezoning requests that want to change residential zoning to either commercial zoning or industrial zoning. Attachments: • Advisory E-mail from the City Attorney. T APIanning\Staff Reports\20051062105 Rezoning text Amendmt.doc M CITY OF ST. ANTHONY ORDINANCE 2005-008 AN ORDINANCE RELATING TO REZONING AND AMENDMENTS AMENDING SECTION 1665.03 OF THE ST, ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. Scetion 1665.03 of the St. Anthony City Code shall be amended, by modifying subdivision 4, to read as follows: 1665.03 Rezoning <lnd Amendments. Subd, L Initiation. of Proceedings. Proceedings for amendment of the Zoning Code may be initiated by (a) a petition of the owners of property to be rezoned or affected by amendment; (b) a recommendation by the Planning COMInission; or (c) action of the Council. Subd. 2. Submission Requirements. All applications by a property owner for changes in zoning must. be accompanied by a drawing showing the property to be affected and all property within 350 feet of the boundaries of the affected property, a statement as to why the zoning change is requested, and the fee set forth in Subsection 61.5.07. The application will be referred by the Zoning Officer to the Planning Commission fora public hearing. Subd. 3. Public Hearin >. The public hearing will be held by the Planning Commission. Notice of the hearing will be given in accordance with Section 115. The Planning Connnission will then make a recommendation to the Council on the proposed changes. Subd. 4. Council Action. A maiority €ou -fps affirmative vote of all members of the Council is required to approve any rezoning or any other change in the Zoning Code, except that the adoption or amendment of any portion of the Zoning Code that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a four-fifths maiority vote of all members of the Council. Subd. 5. Planned Unit Development. In a proceeding for the rezoning of a property under this Section 1665.03, if the property is 3 acres or more in area and if the proceeding is pursuant to a petition by the owner of the property to be rezoned, the City Council may require that the property be designated as a Planned Unit Development under Section 1655, in which case the City Council may also require the property owner to submit an application for a Planned Unit Development approval in accordance with Section 1655. Section 2. This Ordinance shall. be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. Adopted this day of 2005. Attest: City Clerk Mayon Passage by City Council 1 '12005. Publication in St. Anthony Bulletin• _; 2005. STAFF REPORT 32 To: Planning Commission Report No.: VII.4_ - From: Kim Moore -Sykes, Assistant City Manager Date: jure 21, 2005 Subject: Proposed Ordinance Text Amendment - Conditional Use Permit Approval - Section 1665.04 Date Application Received: No Application submitted to date. Property Address: N/A Zoning; District: N/A 60 -Day Expires:, N/A Requested Action: Staff is requesting that the Planning Commission review the proposed ordinance text amendment that updates the City's Code on its conditional use permit approval process. Currently, the City Ordinance requires a 4/5ths vote for all requests for a conditional use permit. The City Attorney advised staff that since a supermajority vote is no longer required for rezoning requests, requiring it for a conditional use permit seems inconsistent, especially if the request meets the conditions of the City's zoning code. Attachments: Advisory E-mail from the City Attorney. H Planning\Staff Reports120051062105 CUP Text A inendmt.doe CITY 01 ST. ANTHONY ORDINANCE 2005-009 AN ORDINANCE RELATINGTO CONDITIONAL USE PERMITS AMENDING SECTION 1665.04 OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1665.04 of the St. Anthony City Code shall be amended, by modifying subdivision 3, to read as ,follows: 1665.04 Conditional Use Permits. Subd. 1. Procedure. An application for a conditional use permit is to be made on forms available from the Zoning Officer and must be signed by the owner of the property in question. The application must be accompanied by a fee in the amount set forth in Subsection 615.07. The applicant may be required to provide concept and final site plans, if requested by the Zoning Officer. Subd.2. Public 1lcarina. The public hearing will behold by the Planruing Commission. Notice of the hearing will be given in accordance with Section 115. The Planning Commission will then make a recommendation to the Council on the proposed changes. Subd. 3. Council Action. A conditional use permit may be granted only by a tnaiot•ity fou -fifths vote of all members of the Council after determining that: (a) The use is one of the conditional uses specifically listed for the district in which the property is located. (b) The Council has specified all conditions which the Council deems necessary to make the use compatible with other uses in the area. (c) The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. (d) The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Subd. 4. Expiration. A conditional use permit authorizing the erection or alteration of a building will expire if construction has not commenced within 12 months after the conditional use permit is approved by the Council. Section 2. This Ordinance shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Swnmary thereof in the City's official newspaper. Adopted this ..,.,,_ day of 2005. Attest: City Clerk Mayor Passage by City Council: 2005. Publication in St. Anthony Bulletin: , 2005. 3 WSB & Associates, Inc. Infiashucture 9 Engineering I Planning A Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 June 9, 2005 Tel: 763-541-4800 Fax: 763-541-1700 Honorable Mayor and City Council City ofSt. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Re: 39t1i Avenue Phase 3 Reconstruction Street, Sanitary Sewer, and Appurtenant Work S. P. 161-080-01 Water Main, Storm Sewer, F. P. CA.04 MN 79 (1.00) City of St. Anthony Village, MN WSB Project No. 1626-01 Dear Mayor and Council Members: Bids were received for the above -referenced project on Thursday, June 9, 2005, and were opened and read aloud. A total of 3 bids were received. The bids were checked. for mathematical accuracy and tabulated. The Engineer's Estimate was $768,968.25. Please find enclosed the bid. tabulation indicating the low bidder as 'Forest Lake Contracting, Inc., Forest Lake, MN, in the amount of $825,703.40. We recommend that the City Council consider these bids and award a contract: to Forest Lake Contracting, Inc., based on the results of the bids received. Sincerely, TVSB & Associates, In.c. Todd E. Ilubmer, P.E. Project Manager Enclosure cc: :Forest Lake Contracting, Inc Jay Flartman, City of St. Anthony Village tsh Minneapolis 8 St. Cloud KI016160141(ln:InlCLnslnafiOr; ,ldn;inlRemrnn;n;doNm; fTR. Aoc Equal Opportunity Employer PROJECT: 39th Avenue Phase 3 Reconstruction Street, Sanitary Sewer, Water Main, Storm Sewer, and Appurtenant Work S. P. 161-080-01 F. P. CA04 MN 79 (100) LOCATION: St. Anthony Village, MN WSB PROJECT NO.: 1626-01 Bids Opened: June 9, 2005 at 10:00 a.m. Contractor 1 Forest Lake Contracting, Inc. 2 Park Construction 3 Noithdale Construction, Inc. Engineer's Opinion of Cost Addendum Recd. Bid Security Total Bid n/a X $825,703.40 I /a X $876,543.06 n/a X $913,81125 $768,968.25 I hereby certify that this is a true and correct tabulation of the bids as received on June 9, 2005. AeF M M KA0162G-01W dniinlConstmction AdmIn101D TAS SUMMARY.xis 0 Cj) to I i tD N I> oo CD poi a o CD I® <ro O pp�, m > 'ro I (CPD a ErA 0 H P - U E a C, N Vl U) A W N "- m z 0 0 c _r7 N N{ N N N N N N N N N N N N N — N o Cw» W (n Uwi p� O d 0 0 0 0 0 0 j 0 0 0 0 0 j 0 p 0 0 ON_ rc' ➢ f N J CJ O N VI U N A A A A L .P .P l+ A A A A N N A O O O O N N A Y G� ✓� G) m J p m C� D_ r➢➢ Y m m m m m m 1 m C m m o m p 2 W. 2 �' '' m n o T. 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A O J Vt G) J O O O .P O A -• A O O OO o O> O (n O) Vt O O 6 0 0 0 O O O O O O O O O O o C 7 M O O vi (fI O i N O 3 rn (p N (D Ip O O W U A A A W N N d O) (T W W W O N (T A N N O W U1 (T N n N O O O O O W N A N Ut J O O O W W W -• (A (/N fA VI N C9 VI N (Yt (!/ VI c/r Vi !Fl W N � O CO _+ Vi A Ut .P (11 Vt (.'t W rn -• O rn Cl O W (T Y -+ O U O � o(N O O rn Ut A O N O O O O O A Vt U O O G) V O O mi CITY OF ST. ANTHONY RESOLUTION 05-056 A RESOLUTION AWARDING A BID FOR 39"' AVENUE PHASE 3 RECONSTRUCTION STREET, SANITARY SEWER, WATER MAIN, STORM SEWER, AND APPURTENANT WORK WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the above -referenced project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement Contractor Forest Lake Contracting $825,703.40 Park Construction $876,543.06 Northdale Construction, Inc. $913,£311.25 Engineer's Opinion of Cost $768,968.25 WILEI IFAS, it appears that Forest Lake Contracting, Inc. of Forest Lake, NN is the lowest responsible bidder. NOVO", T11.EREFORE, BE IT RESOLVED of the City Council of the City of St. Anthony: 'That the Mayor and. City Manager are hereby authorized and directed to enter into a contract with Forest bake Contracting, Inc. in the amount of $825,703.40 in the name of the City of St. Anthony, Minnesota for the improvement outlined in the above -referenced project according to the plans and specifications, therefore, approved by the City Council and on file in the office of the City Cleric. 2. 3. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bias, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contact has been signed. Adopted this _ day of ATTEST: City Cleric Reviewed for administration: 2005. Mayor City Manager K 10WS oh/Idndnm+lm,, 9e11 %J9tli.:voniio PLns 3 Hann 0.2105 d", En Infrastructure 0 Engineering 8 Planning I Coustluctiou Junc 22, 2005 Honorable Mayor, City Council, and. City Staff City of St.. Anthony 3301 Silver Lake Road NE St. Anthony, M- 55418 Re: 2006 Street and Utility Reconstruction Project Feasibility Report WSB Project No. '1626-06 Dear Mayor, City Council, and Staff: M 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 TO: 763-541-4800 Rix: 763-541-1700 Attached for your consideration is a resolution ordering the preparation of a feasibility report for the 2006 Street and Utility Reconstruction project. This project proposes to improve: 30°i Avenue NE from Stinson Boulevard to Wilson Street Murray Avenue Roosevelt Street NE :From St. Anthony Boulevard to 30"' Avenue NE, Coolidge Street from St. Anthony Boulevard to 29`f' Avenue NE by reconstruction of the roadways and utilities. A leap showing the proposed streets to be reconstructed in 2006 is attached, along with a proposed schedule for your consideration. I will be present at your June 28t1i Council meeting to answer any questions you may have on this project or please call me at (763) 287-71.82. Sincerely, WSB &,Associates, Inc. Todd E. Flubmer, P.E. Associate Attachments �x z tshn<1 Minneapolis 9 St. Cloud Equal Opportunity Employer K. 0104 CITY OF ST. ANTHONY RESOLUTION 05-057 A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2006 STREET ANIS UTILITY IMPROVEMENTS WHEREAS, it is proposed to improve: I. 30`x' Avenue NE frorn. Stinson Boulevard to 'Wilson Street 2. Murray Avenue 3. Roosevelt Street NE from St. Anthony Boulevard. to 30`° Avenue NE 4. Coolidge Street from. St. Anthony Boulevard to 29"' Avenue NE by reconstruction of the roadways and utilities, and to assess the benefited property for all or a portion of the cost of the improver:n.ent, pursuant to Minnesota Statutes Chapter 429, NOW, THF,R1;FORIi, BE IT RESOLVED BY THE CITY COUNCIL, OF ST. ANTHONY, i .N: That the proposed improvement be referred to WSB & Associates, Inc. for study and that they are instructed to report to the Council with all convenient speed advising the "Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted this day of ATTEST: City Clerk Reviewed for administration: 2005. Mayor City Manager x4ot614o6LIJoJniResolunonsirssoheion 0$-051-2006Impiuvmvenr, feA.Sltpedoc E. Task 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. Proposed Schedule for 2006 Street and Utility Reconstruction Improvements Co trip letiorl Date Order Feasibility Report........................................................................... June 2005 Accept 7easibility Report and order plans and spcciflcations .............. August 2005 Hold noiglhborhood meeting........................................................... September 2005 Approve plans and specifications and order Advertisement for Bids..........................................................October 2005 Receive bids, compute assessments—, .................................. -- ... December 2005 Approve three resolutions on improvement hearing and special assessments................................................................ Hold Neighborhood _M.eeti ng .................................... _................ Hold public hearing for: project and assessments, award bid am call for bond. sales.................................................................. Award sale of bonds .................................................................... Hold. Neighborhood. Meeting ...... .... ..... ... ............. I .... .................. Bcginconstrnction........................................................ Substantial completion of construction ......................... Certify assessments to a county auditor... ..................... Final completion of construction .................................. January 2006 February 2006 February 2006 March 2006 .......... April 2006 ........... May 2006 ....October 2006 ....... August 2006 ................ July 2007 K:161626-OfilAdminiResolvfionslP�aposed Schedul¢.doo M Ar cfiy fid ,tj r , 30th LuMW f A r,3�A T. b AVENUE NE CdU Y A© C i i �A CC L _ r STREET RECONSTRUCTION T ANTHOC�Y Lu .: PAIL, A''E' - p d W _ m lith AVE U* N -E _ r STREET RECONSTRUCTION AL AGIOTMOOM & Associates, lire. WSB Infrastructure ® Engineering ® Planning I Construction June 22, 2005 Honorable Mayor and City Council. City of St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Re: Shamrock Storm Water Improvements City of St. Anthony Village, MN WSB Project No. 1065-90 Dear NI ayor and Coturcil Members: Em 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Pax: 763-541-1700 Bids were received for the above -referenced project. onTuesday, June 14, 2005. A total of two bids were received. The bids were checked for mathematical accuracy and tabulated. Please find enelosod the bid tabulation indicating the low bidder as Forest Lake Contracting, Inc., Forest Lake, Minnesota in the amount of $33,230.00. We recommend that the City Council consider these bids and award a contract to Forest Lake Contracting, Inc. in the amount of $33,230.00. Sincerely, PUB & Associates, Inc. Todd E. Hubmer, P.E. Project Manager Enclosure cc: Forest Lake Contracting, Inc. tsh r x" �. r' h Minneapolis 3 St. Cloud ruvvrvr,nrocsama¢c rra.eoo Equal Opportunity Employer CITY OF ST. ANTHONY RESOLUTION 05-058 A RESOLUTION AWARDING A BCU FOR SHAMROCK STORNI WATER IMPROVEMENTS WHEREAS, bids for the improvement as shown on the plan for the above -referenced. project, were received, opened and tabulated according to law, and the following bids were received: Contractor Total Bid Forest Lake Contracting $33,230.00 G. L. Contracting, inc. $42,42920 Engineer's Opinion of Cost $40,620.00 WYH REAS, it appears that Forest I,akc Contracting, Inc. of l oresi Laic, .�vlN is the lowest responsible bidder. NOW, THEREFORE,, BE ITR] SOLVED of the City Council of the City of St. Anthony: That the Mayor and City Manager are hereby authorized and directed to enter into a contract with Forest Lake Contracting, hlc. in the amount of $33,230.00 in the name of the City of St. Anthony, Minnesota for the improvement outlined in the above --referenced project according to the plans and specifications. 2. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful. bidder. Adopted this day of 2005. ATTEST: City Clerk Mayor Reviewed for administration: City Manager r. uvN;raw: oes-voiev�n�uo,,,iaes o? -r'58' ",,d"" 3'd f" sh S'o.... Malr 1"" 062rOs d" PROJECT: Shamrock Storm Water Improvements LOCATION: St. Anthony Village, MN WSB PROJECT NO.: 1065-90 Bids Opened: June 14, 2005 Contractor Addendum Recd (n/a) Bid Security Total Base Bid 1 Forest Lake Contracting, Inc. n/a X $33,230.00 2 G. L. Contracting, Inc. n/a X $42,429.20 Engineer's Opinion of Cost $40,62.0.00 I hereby certify that this is a true and correct tabulation of the bids as received on June 14, 2005. Todd E. Hubmer, R WPWI,N0065-901 XCELIBID TAD SUMMARY.xis Q '-6 o a ® a 0 0 0 0 0 0 6_ GQ e b OI O z O w U z O U L N i O C N O N ,n U ci O 0 o a o a 0 0 0 0 0 0 o e Iq O N N N N ,n u a c m o a 0 0 0 0 0 0 0 a o 0 0 0 Iq M V' Lq (O 1` M W N p U Vl M V) N tfi Vl U )L` J U Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 o a o 0 0 0 0 0 0 0 o m o ci 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0, 0 o w o 0 0 0 0 0 0 0 0 v) o M M M - fn (A 4i N fN V1 Vi M M M C N p O p O O O O O O O O O O O O O O U O O N O O O O O O O O O (O O N 2 p v OM N LO O cD O (D p N 7 T, -o o o'�oToIo o o 0 0 0._o.o Q._ m o M r W T � m Z o _ � I - 'c Z Z S7 S z 4 S¢> j I 7 J J J ai U w J LLI W W U J J J 0 ro z N ° n w a G 3 Z? o x v> a w o> z U CY Q W a) Q LL z x LL, J O O w r S w z z z¢ z S n N S O S S W LLI W U Z G LL' Q tNo N C z W W W d a w O > > O m m Q 0 00 Z a W L G Z Z Z Z Z Z u) o O O O O O O O O O O N O C N O O O O O O O O O r tp 1� r0 O 0 O o O Z z Z J° N JEY8 & Associates, Inc. 51 WSB 701 Xenia Avenue S. Saite8300 Minneapolis, MY 55416 (763) 541-4800 & Associates, Inc. (763) .541-1700 (fax) Mentorli72C din To: honorable Mayos, City Council, and Staff; St. Anthony Village From: Todd Llubiner, P.E. Lynn Kiesow, P.F. d Chuek.Rickart, P.E., P.T.O.E re -- Date: Tune 22, 2005 .Re: St. Anthony Fire Station Flashing Beacon Justification WS13 Project No. 1626-04 ']'he city of St. Anthony received comments concerning the visibility of fire trucks entering and exiting the St. Anthony lire Station. In response, WS13 & Associates completed a site review, and determined that the sight distance is limiting the gap for trucks to enter and exit the fire station. Therefore, an advanced,flashing aarnin,- beacon is recominended for the St. Anthony Fire Station. Existing Conditions The St. Anthony Tire Station was constructed in 2004 along the east side of CR 136 (Silver Lake Road). The fire station has two access roads. The one to the north of the station acts as the entrance for trucks, and provides parking for fire fighters. The southern access acts as the exit for trucks, and provides access to Figure 1 additional parking. The fire station Sight Limitations at Fire Station Entrance — houses three trucks, making about 750 Southbound View calls per year. Silver Lake Road extends from CR J to St. Anthony Parkway, and is functionally classed as a minor arterial by Ilennepin County. The corridor is a two-lane facility, carrying about 9,200 vehicles per day. Near the fire station, Silver Lake Road reaches a vertical peals. This alignment reduces the sight distance for motorists, and limits the gap for trucks to enter and exit the fire station. The sight line limitation on southbound Silver Lake Road is illustrated on Figure 1. xr\ols26-04\nd�nmVOocsvtiorii-041505-rtios,anoiis�coas.doc Jay Hartman, 'Director of Public Works June 22, 2005 Page 2 The existing gap time for vehicles to enter and exit the fire station was estimated. `fable I compares these estimates to recommended design standard in,4 Policy on. Geometric Design of 73ighw ys and StreeBs, S1h Edition (AASlITO, 2004). At the north entrance, trucks have about 5.5 seconds from the time they see approaching vehicles to clear the intersection, which is less than the recommended 7.5 seconds for trucks. The gap is also below the recommended gap time at the truck exit location. Proposed Conditions Table I Intersection Gap Requirements Placement of tlaslvng waa�uing beacons are recommended in advance (at a nunimurn of 150 feetj of the lire station to warn motorists of the approaching Aire muck. Fire ,fighters should use the system when exiting and entering the site. Wireless units are recommended to be placed in all three trucks to activate the flashers. A typical twit is illustrated in Figure 3. The estimated installation cost for a solar powered flasher is approximately $20,000. A solar powered pedestrian crossing unit is shown in Figure 4. The unit would be similar, but use the Fire'fruck sign and the "PIUTAR],'ro STOP WHEN FLASHING" sign as shown in Figurc 3. Figure 3 Figure 4 K.101626-04 AAOIh11DocSW1w/t-O4ti0i-Fla Smnon Benmus.do- M I Recommended Recommended 'Vehicle, I ristin<= � ( Gap for Gap for I 1 1Vloverneut Gap Vehicles Trucks (seconds) seconds swconds- 1 eft Turn Off 5.5 5.5 7.5 V/ialor_Roadway i � Left 'fmn Onto Major Roadway--- 9.0 -- IL5 � Placement of tlaslvng waa�uing beacons are recommended in advance (at a nunimurn of 150 feetj of the lire station to warn motorists of the approaching Aire muck. Fire ,fighters should use the system when exiting and entering the site. Wireless units are recommended to be placed in all three trucks to activate the flashers. A typical twit is illustrated in Figure 3. The estimated installation cost for a solar powered flasher is approximately $20,000. A solar powered pedestrian crossing unit is shown in Figure 4. The unit would be similar, but use the Fire'fruck sign and the "PIUTAR],'ro STOP WHEN FLASHING" sign as shown in Figurc 3. Figure 3 Figure 4 K.101626-04 AAOIh11DocSW1w/t-O4ti0i-Fla Smnon Benmus.do- M Jay Hartman, Director of Public Works :June 22, 2005 Page 3 If you have any additional questions, Please contact Lynas Kiesow at (763) 287-8536 or Chuck Rickart at (763) 287-71.83. K. 1016P6b0461dn wV),,IX 061505-Fir¢Smn.'on B... r.doc W.-_< pyr On October 28, 2004, the City Council and Housing and Redevelopment Authority (HRA) approved an amendment to the Development Agreement with Apache Redevelopment LLC for an extension on the timeline for redevelopment of Phase 11. The extension date approved for execution ofa contract. addendum was July 1, 2005. As you recall, the Phase II development is comprised of the senior condo/co-op, the high-end town homes and additional stacked flats and were to be located on the properties located along Stinson Boulevard and the existing 39"' Avenue. Due to the extensive time that the Developer has needed to expend on expediting and finalizing all the components of Phase 1. of the development and additional Lime required to obtain appraisals and negotiate acquisition of the Phase II properties, they are requesting an extension of file above-ruentioned tirneli,ne for execution of the contract addendum (Phase 11 contract). The Developer is committed to completing ]'base II of the development and is requesting that the City Council and HRA approve an extension for completion of the Phase II Development Agreement to November 30, 2005. Please contact me at 651-697-8506 with any questions. cc: File LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555 Roseville, MN 55113-1105 skvilvang@ehlers-inc.com t^1�l S f ASSOCIATES INC To: Mike Morrison — City Manager from: Stacie Kvilvang — Associate Financial Advisor Date: June 23, 2005 "Time Subject: Extension of Line for Phase 11 Development — Northwest Quadrant Redevelopment On October 28, 2004, the City Council and Housing and Redevelopment Authority (HRA) approved an amendment to the Development Agreement with Apache Redevelopment LLC for an extension on the timeline for redevelopment of Phase 11. The extension date approved for execution ofa contract. addendum was July 1, 2005. As you recall, the Phase II development is comprised of the senior condo/co-op, the high-end town homes and additional stacked flats and were to be located on the properties located along Stinson Boulevard and the existing 39"' Avenue. Due to the extensive time that the Developer has needed to expend on expediting and finalizing all the components of Phase 1. of the development and additional Lime required to obtain appraisals and negotiate acquisition of the Phase II properties, they are requesting an extension of file above-ruentioned tirneli,ne for execution of the contract addendum (Phase 11 contract). The Developer is committed to completing ]'base II of the development and is requesting that the City Council and HRA approve an extension for completion of the Phase II Development Agreement to November 30, 2005. Please contact me at 651-697-8506 with any questions. cc: File LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555 Roseville, MN 55113-1105 skvilvang@ehlers-inc.com M CITY OF ST. ANTHONY RESOLUTION NO. 05-059 RESOLUTION RELATING TO A FOURTH AMENDMENT TO A REDEVELOPMENT AGREEMENT BY AND AMONG THE CITY OI'' SAINT ANTHONY, MINNESOTA, THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, ANIS APACHE REDEVELOPMENT, LLC (THE "DEVELOPER99), DATED DECEMBER 19, 2003, WtIEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and Redevelopment Authority (the "Authority") entered into the referenced agreement regarding an area located in the northwest portion of the City (the "Agreement"); and WHERAS, under the terms of the Agreement (as previously amended), the Developer and the Authority agreed to resolve certain issues concerning Phase 11 of the project by entering into a Phase II Contract Addendum by Tune 30, 2005; an(] WIIl REAS, the Developer has requested that the current deadline for completion of the Phase II Contract Addendum be extended until September 30, 2.005; and. W1d1;REAS, a Fourth. Amendment to Redevelopment Agreement has been prepared to extend this deadline. NOW, TI�IERIHFORE, I31; IT RF;SOLVED, by the City of St. Anthony, Mimlesota as lbl lows: That the Mayor and City Manager arc authorized to enter into a Fourth Amendment to Redevelopment Agreement by and. among the City of Saint Anthony, Mirmesota, the Rousing and Redevelopment Authority of the City of Saint Anthony, Minnesota, and Apache Redevelopment, LLC. S'®URI'll. AMENDMENT TO REDEVELOPMENTAGREEMENT BY AND AMONG THE C.P.@Y. OFSAINl. A1TII.ONY, MINNESOTA, THE E A9.OUSING AND 2hEDII'VY.I,O]gitlPA N'I Aij' _YYORII'%. OF rR IIS', CITY OF SAINT ANTHONY, THONY, Ml;ai. ESO P la, AND APACHE REDEVELOPMENT, LLC 2005 M FOURTH AMENDMENT TO REDEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO REDEVELOPMENT AGREEMENT ("Fourth Amendment') is made and entered into this _ day of _._.._ 2005, by and between the CITE' OF SAINT ANTHONY, MINNESOTA, a Minnesota statutory city (the "City„) the HOUSING AND REDEVELOPMENTAUTHORITY OF TIME CITY OF SAINT ANTHONY, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority"), and. APACHE REDEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). RECITALS WHEREAS, the Developer, the City and the Authority have previously entered into a Redevelopment Agreement dated as of December 1.9, 2003 (the "Redevelopment Agreement") and the capitalized terms used in this Second Amendment shall have the meaning given them in the Redevelopment Agreement; WHEREAS, pursuant to the Redevelopment Agreement, the Developer agreed to develop a Development located in the Project Area in two Phases; WHEREAS, under Section 8.1 of Clic Redevelopment Agreement, the Developer and the Authority agreed to resolve certain issues concerning Phase 11 by negotiating and entering into a Phase 11 Contract Addendum. by May 31, 2004; WHEREAS, through a First Amendment to Redevelopment Agreement, dated May 13, 2004, and a Second Amendment to Redevelopment Agreement, dated November 9, 2004, the Developer, the City and the Authority extended the original deadline, under Section 8. t, for completion of the Phase hI Contract Addendum of May 31, 2004, until .Tune 30, 2005, and the deadline for providing pro formas, more detailed site plans and other Project Element information to April 15, 2005; WHEREAS, the Developer has provided pro formas, more detailed site plans and other Project Element information; and WHEREAS, the Developer has requested that the current deadline for completion of the Phase II Contract Addendum be extended. until. September 30, 2005. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 8.1 of the Redevelopment Agreement is hereby amended to read as follows: "Section 8.1 Phase TiTiming. General Contract Structure. The Developer has been approved by the Authority to undertake Phase 1I of the Development, however the parties acknowledge that certain issues remain to be resolved prior to commencement of Phase I1. The Developer has agreed to the Developer Fee Hold Back as provided in Section 11.5, as M05. consideration and evidence of Developer's good faith intent to proceed with .Phase IL The Parties shall proceed to resolve these issues and agree to enter into a supplement to this Agreement (the "Phase 11 Contract Addendum") to establish all terms of the Phase II portion of the Project not otherwise provided for herein. The Developer and Authority shall enter into the Phase 11 Contract Addendum as expeditiously as practical atter ,further technical, financial and legal analysis by the City Consultants of the Phase II Development, but in no event later than September 30, 2005. Developer shall provide pro formas and more detailed site plans and other Project Element information not later than April 15, 2005, for at least the Phase IIA Senior Housing Element and the Phase 1113 Townhouse Element to allow finalization of this negotiation. The dates herein shall be subject to extension by up to sixty (60) days on the Developer's request, but any further extension shall be solely at the Authority's discretion. The Authority and Developer agree that the Phase ITA Senior Housing Element and the Phase I113 Townhouse Element shall be the first priority Elements to be undertaken in the Phase It Development." 2. Except as herein amended, other terms and provisions of the Redevelopment iigrecment shall roualn infull force and effect. IN WITNESS WHEREOF, the City, the Authority and Developer have caused this Second Amendment to Redevelopment Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. CIT Y OF SAINT ANTHONY, MINNESOTA 13y Its Mayor ,By Its City Manager HOUSING AND REDEVELOPMENT AUTHORITY OF TIME CITY OF SAINT ANTHONY, MINNESOTA By By Its Chair/Commissioner Its Executive Director o W Date; May 4, 2005 To, Mayor and Council Erma Captain John Ohl Michael Mornson, City Manager SUBIECT" Animal Nuisance Ordinance As you are aware, the Police Department has suggested the following changes to the animal ordinance 121.0.01.0 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 kepi: 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. This language would then be followed by our current language starting with "any female dog inheat....", 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. 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 Li ie building or premises where the ai mal :s being kept: Any animal nolle, 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 Readdnga June 14, 2005 Adopted. June 28, 2005 Mayor AiTTEST City Clerk Publish: St. Anthony Bulletin A FUTURE COUNCIL AGENDA ITEMS Updated June 21, 2005 Meeting Date Meeting Type Staff Items/Issues July 12 Regular July 26 Regular Planning Planning Commission items from July 19, 2005 Engineer Updates from WSB on several issues. I & I Update - - --- Bids for Flashing Beacon Automatic Water Meter Reading Update Public Hearing on Wellhead Protection Program August 1 work Session 6:00 PM All Staff Wireless Internet Discusssion 2006 Budget Other City Goals Augusts Regular August 23 Regular Planning Planning Commission items from August 16, 2005 Engineer Approve feasibility report for 2006 Street Improvements August 30 Special Joint meeting with School Board September 13 Regular 2006 Tax Levy September 27 Regular Planning Planning Commission items from September 20, 2005 hm 2005 S VY T w T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 2005 Monthly Planner Aug 2005 S m 'r W 'r F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Pa 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7:00 pm Council Meeting 17 18 19 20 21 22 23 7:00 pm Planning Commission Meeting - 24 25 26 27 28 29 30 7:00 pm Council Meeting 31 unteu uY i,me nuai �..-11 -1— August 2005 Monthly Planner rnnteo by calenoar creator for vvmaows of 1 2 3 4 5 6 Worksession 6 PM 7 8 9 10 11 12 13 7:00 pm Council Meeting I 14 15 16 17 18 X19 20 7:00 pm Planning Commission Meeting 21 22 23 24 25 26 27 7:00 pm Council Meeting 28 29 30 31 i12005 Sc,, 2005 Joint Meeting S M T W 'r R S S M 'r W '1' P S with School 1 2 1 2 3 Board 3 4 5 6 7 8 9 4 5 6 7 3 9 10 10 11 12 13 14 15 16 11 12 13 14 15 16 17 17 18 19 20 21 22 23 IS 19 20 21 22 23 24 24 25 26 27 28 29 30 25 26 27 28 29 30 31 rnnteo by calenoar creator for vvmaows of O O 0) VA cn �v�cn zv -{ O w Om C/ D) O O o m mN O O o CO -' =➢ v w 0 y N z D > O o o o V 000 o o 0 D O°' _ 0 0 o O .Do no VN 00 to :v N z v m m m m m 0,, o D O O '� o mo o �' m x (On W D A ° m o o 0 0 m o o n x N o m m m z m b z o z a m n O O ro Cf) Nx N W N (n O O c o o 0 0 0 m w �o -_%+ Q O O N O O 0) VA cn �v�cn w D) O O 0 O O D7 n CO -' N j 0 0 O ro U i0 O o O O 0) VA cn N O O w �v�cn 0 A CVO N 0 W CWO CO -' U i0 o o V 000 Lb 0 0 0 0 o O O O a VN � N to N W O W N A (O J m N OJ W N 0 (On W W N O 600000 C n o coo O o O o O O O o i Cb w N N W A cDmo wwo O m A O O O c o o 0 0 0 N O O w O m m < � m m m O CD m a 0 4n o In (D a W W N N J a J v d1 N a �. 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Roll Call. I. Approval of June 28, 2005, H.R.A. Agenda. II. 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. Approve June 14, 2005, H.R.A. Minutes. (pp. 1-3) B. Claims. (p.4) III. Public Hearings. IV. General Policy of Business of the H.R.A. A. Resolution 05-009; Fourth Amendment to development Agreement for Phase II Silver Lake Village. (pp. 5-11) V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. F:1Council Meet ings1062820051HRA Agendapg#.doc 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF S'T'. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING JUNE 14, 2005 CALL TO ORDER. Chair Faust called the meeting to order at 9:28 p.m. ROLL CAIN,. Commissioners present: Chair Faust; Commissioners Gray, Horst, Stille, and. Thuesen. Commissioners absent: None. Also present: Executive Director Michacl Morrison. I. APPROVAL OF,IUNE 14, 2005 II.R.A. AGENDA. Motion by Commissionefi'hucsen, seconded by Commissioner Gray, to approve the June 14, 2005 Housing and Redevelopment Authority Agenda as presented. Motion Carried quaklinio€€sly. it, CONSENTAGENDA. Motion by Commissioner Stille, seconded by Commissioner "Chuesen, to approve the Consent Agenda, which consisted of: A. _II.R.A. Meeting_1Vliuutes,of May _10,.2_005;. and 13. Claims. Motion carried unallilwLti Y. III. PUBLIC HEARINGS. None. V. GENERAL POLICY BUSINESS OF THE H.R.A. A. H.R.A. Resolution 05-007 re: Approying Housing and Redevelopmerrt Authority Audit. City Auditor Stuart Bonniwell presented the audit of the Sousing & Redevelopment Authority. He noted there are three active TIF Districts. Money was refunded for the Kenzie Terrace District, it was decertified. The final bond payment was made in February 2004. The County TIF reimbursement was $329,886. The City's portion was $139,987 and $71,000 was used for an electronic sign. The remaining amount is designated as the General Fund Reserve. He stated the City and the HRA concentrated most their time on the Silver Lake Village/Apache development. The financial plan of Silver Lake Village is a plan that is functioning well. The costs incurred by the H,RA was fully reimbursable by the developer. The costs incurred by the HRA include consultant fees, legal expenses, relocation costs and administrative costs and staff time. The remaining Hellickson District was a pay as you go district. It expires in 2019 and the obligations have been met. It is decertified in 2005 and will be back on the tax base in 2006. H N Housing and Redevelopment Authority Meeting Minutes June 14; 2005 Page 2 Chair Faust noted it is important to highlight that the pay as you go districts are important to decertify as soon as possible. This is a kudo for everyone involved. Mr. Bonniwell noted the other HRA projects and funds including the Tires Plus Fund Balance at $371,413 and the HRA Projects Fund $741,422. 17 Mr. Mornson pointed out the Tires Plus lease no longer is in existence and asked if it would 8 make sense to eliminate that and combine it with the development fund since the building is no 9 longer there. Ile asked if the HRA should make a motion to eliminate that fund and include it 10 with the HRA projects funds. 11 12 Mr. Bormiwell suggested it be made part of the motion in approving the audit. 13 14 Motion by Commissioner Stille, seconded by Commissioner Gray, to adopt H.R.A. Resolution 15 05-007, re: A Resolution Approving the Audit of the St. Anthony Housing and Redevelopment 16 Authority for the Year Ended December 31, 2004, noting that the Tires Plus building no longer 17 exists and the Tires Plus Fund should be eliminated and combined with the Development Fund, 18 19 Motion carried €nja,Em mously. 20 21 B. [I.R.A. Resolution 05-008 re: AuthorizingInterfund Loan for Advance of Certain Costs 2.2 in Connection with Tax Increment, Hnancirm District No. 3-5. 23 City Auditor Stuart Boomwell explained this sets up the loan as well as lays out the repayment 24 schedule. The 4% interest rate is set by state guidelines. The loan can be repaid from TIF 25 revenues. 26 27 Motion by Commissioner Horst, seconded by Commissioner Gray, to adopt H.R.A. Resolution 28 05-008, re: A Resolution Authorizing Interfund Loan for Advance of Certain Costs in 29 Connection with Tax Increment Financing District No. 3-5. 30 31 Motion carried unanimously. 32 33 V. STAFF REPORTS. 34 None. 35 36 VI. H.R.A. COMMISSIONER COMMENTS. 37 None. 38 39 VII. INFORMATION AND ANNOUNCEMENTS. 40 None. 41 42 VIII. ADJOURNMENT. 43 Chair Faust adjourned the meeting at 9:40 p.m. 44 Housing and Redevelopment Authority Meeting Minutes June 14, 2005 Page 3 Motion carried nnanirnously, Respectfully submitted, Chris iMoksnes TimeSaver Off Site Secrelarial, Inc. c S. ACS FINANCIAL SYSTEM 06/20/2005 14: BANK VENDOR HR -hl HOUSING & REDRV CHECKING Check Register CHECK4 DATE ST. ANTHONY VILLAGE GL540R-V06.70 PAGE 1 AMOUNT 009184 ADVANTAGE. SIGNS & GRAPHI 5818 06/29/05 464.13 009031 COMTORTH, INC. 5819 06/29/05 260.00 007302 CROWN PENCE & WIRE CO1PA 5020 06/29/05 3,329.35 008698 EHLERS & ASSOCIA'T'ES, INC 5021 06/29/05 5,670.00 008098 MEE COMMUNICATIONS & RES 5822 06/29/05 3,125.00 002040 LILLIE SUBURBAN NEWSPAPE 5823 06/29/05 171.60 002160 14ARSHALL CONCRETE PROD 5824 06/29/05 2,119.36 008963 REED BUSINESS INPORMATIO 5825 06/29/05 426.22 HOUSING & REDEV CHECKING 15,563.66 STM* 0 On October 28, 2004, the City Council and. Housing and Redevelopment Authority (HRA) approved an amendment to the Development Agreement with Apache Redevelopment LLC for an extension on the timeline for redevelopment of Phase II. The extension date approved for execution ora contract addendum was July 1, 2005. As you recall, the Phase II development is comprised of the senior condo/co-op, the high-end town homes and additional stacked flats and were to be located on the properties located along Stinson Boulevard and the existing 39°i Avenue. Due to the extensive time that the Developer has needed to expend on expediting and finalizing all the components of Phase I of the development and additional time required to obtain appraisals and negotiate acquisition of the Phase 11 properties, they are requesting an extension of the above-mentioned timeline for execution of the contract addendum (Phase 11 contract). The Developer is committed to completing Phase 11 of the development and is requesting that the City Council and HRA approve an extension for completion of the Phase 11 Development Agreement to November 30, 2005. Please contact me at 651-697-8506 with any questions. cc: File LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651.-697-8506 Fax: 651-697-8555 Roseville, MN 55113-1105 skvilvang@ehlers-inc.com ,, , EHLERS& ASSOCIAI"HS INC To: Mike Morrison —City Manager From: Stacie Kvilvang — Associate Financial Advisor Date: June 23, 2005 Subject: Extension of Time Line for Phase II Development — Northwest Quadrant Redevelopment On October 28, 2004, the City Council and. Housing and Redevelopment Authority (HRA) approved an amendment to the Development Agreement with Apache Redevelopment LLC for an extension on the timeline for redevelopment of Phase II. The extension date approved for execution ora contract addendum was July 1, 2005. As you recall, the Phase II development is comprised of the senior condo/co-op, the high-end town homes and additional stacked flats and were to be located on the properties located along Stinson Boulevard and the existing 39°i Avenue. Due to the extensive time that the Developer has needed to expend on expediting and finalizing all the components of Phase I of the development and additional time required to obtain appraisals and negotiate acquisition of the Phase 11 properties, they are requesting an extension of the above-mentioned timeline for execution of the contract addendum (Phase 11 contract). The Developer is committed to completing Phase 11 of the development and is requesting that the City Council and HRA approve an extension for completion of the Phase 11 Development Agreement to November 30, 2005. Please contact me at 651-697-8506 with any questions. cc: File LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651.-697-8506 Fax: 651-697-8555 Roseville, MN 55113-1105 skvilvang@ehlers-inc.com M CITY OF ST. ANTHONY RESOLUTION NO. 05-009 RESOLUTION RELATING TO A FOURTId AMENDMENT TO A REDEVELOPiMENT AGREEMENT BY AND AMONG TIIE CITY OF SAINT ANTHONY, MINNESOTA, THE HOUSING AND REDEVELOPMENT AU'FHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND APACHE REDEVELOPMENT, LLC (,THE "DEVELOPER"), DATED DECEMBER 19, 2003. WHEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and. Redevelopment Authority (the "Authority") entered into the referenced agreement regarding an area located in the northwest portion of the City (the "Agreement"); and WHERAS, under the terms of the Agreement (as previously amended), the Developer and the Authority agreed to resolve certain issues concerning Phase Tz of the project by entering into aPhase II Contract Addendum by June 30, 2005; and WHEREAS, the Developer has requested that the current deadline for completion of the Phase Il Contract Addendum he extended until November 30, 2005; and WHEREAS, a Fourth Amendment to Redevelopment Agreement has been prepared to extend this deadline. NOWJI-1 ,BEFORE, BE IT RESOLVED, by the St. Anthony Housing and Redevelopment Authority as follows: That the Chair and Executive Director are authorized to enter into a Fourth Amendment to ,Redevelopment Agreement by and among the City of Saint Anthony, Minnesota, the Housing and Redevelopment Authority of the City of Saint Anthony, Minnesota, and Apache Redevelopment, LLC. FOURTH APd1IsA'i9MENT TO IZEDEVEL OPMENT AGREE ENT BY AND AMONG THE CITY OF SAINT ANTHONY, MINNESOTA, THE HOUSING AMYFDI VFV l,OPMI N'A' AU'F1'i0I2I'1'Y OF THE CITY OF SAIN" I' ANTIIONY, MINNESOTA, AND APACHE ZYI~I9FVT± LOPIMENT, LLC 2005 M FOURTH AMENDMENT T® REDEVELOPMENT AGREEMENT TEAS FOURTH AMENDMENT TO REDEVELOPMENT AGREEMENT ("Fourth Amendment") is made and entered into this day of _ 2005, by and between the CITY OF SAINT ANTHONY, MINNESOTA, a Minnesota statutory city (the "City") the ROUSING AND REDEVELOPMENT AUTHORITY OFTHE CITY OF SAINT ANTHONY, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority"), and APACHE, REDEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). RECTIALS WHEREAS, the Developer, the City and the Authority have previously entered into a Redevelopment Agreement dated as of December 19, 2003 (the "Redevelopment Agreement") and the capitalized terms used in this Second Amendment shall have the meaning given them in the Redevelopment Agreement; WHEREAS, pursuant to the Redevelopment Agreement, the Developer agreed to develop a Development located in the Project Area in two Phases; WHEREAS, under Section 8.1 of the Redevelopment Agreement, the Developer and the Authority agreed to resolve certain issues concerning Phase II by negotiating and entering into a Phase Il Contract Addendum by May 31, 2004; WHEREAS, through a first Amendment to Redevelopment Agreement, dated May 13, 2004, and a Second Amendment to Redevelopment Agreement, dated November 9, 2004, the Developer, the City and the Authority extended the original deadline, under Section 8.1, for completion of the Phase II Contract Addendum of May 31, 2004, until June 30, 2005, and the deadline for providing pro formas, more detailed site plans and other Project Element information to April 15, 2005; WHEREAS, the Developer has provided pro formas, more detailed site plans and other Project Element information; and. WHEREAS, the Developer has requested that the current deadline for completion of the Phase lI Contract Addendum be extended until September 30, 2005. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Section 8.1 of the Redevelopment Agreement is hereby amended to read as follows: "Section 8.1 Phase IT Timing, General Contract Structure. The Developer has been approved by the Authority to undertake Phase 11 of the Development, however the parties acknowledge that certain issues remain to be resolved prior to commencement of Phase I1. The Developer has agreed to the Developer Fee Hold Back as provided in Section 11.5, as consideration and evidence of Developer's good faith intent to proceed with Phase II. The Parties shall proceed to resolve these issues and agree to enter into a supplement to this Agreement (the "Phase Il Contract Addendum") to establish all terms of the Phase Il portion of the Project not otherwise provided for herein. The Developer and Authority shall enter into the Phase II Contract Addendum as expeditiously as practical after further technical, financial and legal analysis by the City Consultants of the Phase II ,Development, but in no event later than September 30, 2005. Developer shall provide pro formas and more detailed site plans and other Project Element information not later than April 15, 2005, for at least the Phase IIA Senior Housing' Element and the Phase IIB Townhouse Element to allow finalization of this negotiation. The dates herein shall be subject to extension by up to sixty (60) days on the Developer's request, but any further extension shall be solely at the Authority's discretion. The Authority and Developer agree that the Phase IIA Senior Rousing Element and the Phase TIB Townhouse Element shall be the first priority Elements to be undertaken in the Phase II Development." 2. Except as herein amended, other terms and provisions of the Redevelopment Agreement shall "rernain in full force and effect. IN WITNESS WHEREOF, the City, the Authority and Developer have caused this Second Amendment to Redevelopment Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. ('111W OF SAINT ANiIlz� NY, MINNESOTA. By Its Mayor By Its City Manager HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA By By Its Chair/Com inissioner Its Executive Director f APACHE REDEVELOPMENT, a Minnesota limited liability company By - — Its Chief Manager