HomeMy WebLinkAboutCC PACKET 09132005H.R.A. meeting immediately
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
September 13, 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 September 13, 2005, City Council Meeting Agenda. (action requested)
II. Proclamations and Recognitions.
A. Kiwanis Peanut Day (p.1)
111. Consent Agenda.
These items are considered routine and will be enacted by one motion. (here will be no separate discusslon of these items unless a Coundlmember or citizen so
requests, in which event the item will be reproved from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of August 23, 2005, Council Meeting Minutes. (pp. 2-15)
B. Licenses and Permits. (p.16)
C. Claims. (pp. 17-18)
IV. Public Hearings. None.
V. Reports from Planning Commission, None.
VI. General Business of Council. (action requested on all items)
A. Resolution 05-072, re: Proposed 2005 tax levy and budget in compliance with the Truth
in Taxation Act. (pp. 19-30)
B. Resolution 05-073. re: Salo Park Maintenance and Regulations. (pp. 31-45)
VII. Reports From City Manager and Councilmembers.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda. speakers are requested to come to the podium, sign their name and
address on the format the podium, state their name and address for the Clerks record, and limit their remarks to five minutes Generally, the City Cound1 will
not take official action on Items discussed at this time, but may typically refer the matter to staff for a future report of direct the matter to be scheduled on an
upcoming agenda.
IX. Information and Announcements.
X. Miscellaneous Informational Documents.
XI. Adjournment.
FAC'ouncil Meetings1091320051ageridapglt.doe
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WHEKEA5, the Kiwanis Club of 5t. Anthony i5 an
organization dedicated to helping community
youths educationally and spiritually and
WHEPEA5, the Kiwanis Club of 5t. Anthony i5 also
committed to other community 5ervices; and
WHEREAS, in order to raise funds for its many and varied
programs the Kiwanis Club of 5t. Anthony has
requested a day be set aside in 5t. Anthony
Village for the sale of peanuts.
NOW, THEKEFORE, 5E IT KE50LVED, that the 5t. Anthony
City Council hereby designates FKIDAY, SEPTEMOE,R 23, 2005 as
ANTHONY KIWAN151'EANUT DAY
Mayor
Oeptemb_erJ,5,200.5
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CITY OF ST. ANTHONY
CITY COUNCIL, Rl"GULAR MEETING MINITTES
AUGUST 23, 2005
CALL 'rO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEIDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councihnerubers Gray, Borst, Stille, and Thuesen.
Absent: None.
Also Present: City Manager Mike Mornson and City Attorney Jerome Gilligan.
CONS] DERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL Oh THE FOLLOWING
ITEMS,
L APPROVAL OF AUGUST 23, 200." CITE' COUNCIL MEETING AGENDA
Motion by COL111Cllmember Ilorst, seconded by Councilmember Stillc, to approve the City
Council Meeting Agenda of August 2.3, 2005 with the removal of Item V'1. A. Resolution 05-063
which was requested to be removed fi-on) the agenda by the applicant.
Motion carried unaaninrously.
Il. PROCLAMATIONS AND RECOGNITIONS.
None.
TIL CONSENTAGENDA.
A. ConsuJcr_lyuusl 9 2005_Council meeting nunutes,
B. Consider licenses and permits.
C. Consider payment of claims.
Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the Consent
Agenda items.
Motion carried unanimouslvo
IV. PUBLIC HEARINGS.
None,
V. REPORTS FROM COMMISSION ANIS STAFF.
A. Presentation of History Research by Sarah Campbell, Intern
Mike Mornson introduced Sarah Campbell, Intern. Sarah is a graduate student at St. Thomas.
Her last day is tomorrow.
Ms. Campbell gave an overview of the information she covered in her time with the City. She
explained she is a graduate student in the history department at St. Thomas, with a focus on
City Council Regular Meeting Minutes
August 23, 2005
Page 2
architectural history. She noted the idea of the history research of St. Anthony was initiated by
Mayor Faust.
4 Ms. Campbell said she began to form a collection of photos, which are now organized by street
5 addressor property type. She said one of the most valuable sources was a public meeting lreld in
6 May. She met the Fire Chief at that meeting, who showed her the history of the Fire
7 Department. She added that she took a tour of the city, attended a Lions Club luncheon, went to
8 historical societies and visited public libraries. She talked with Florence Marks who talked of
9 her work with the cemetery. She said she learned more information through several churcfles in
10 the city. Throughout the process she ]sept an eye out for photos that demonstrated the city's
11 history. A series of oral histories by the former librarian was found. The oral histories provided.
12 insight into the lives of St. Anthony residents. She found that dances were held on weekends,
13 and kids swam in Silver Lake. A tape by Russell Paul in 1988 described life in St. Anthony.
1.4 The Salvation Army camp is one of the most identifiable locations in the City. It was important
15 to residents in the early part of the twentieth century. She said she gathered names of more
16 people that may be interested in giving further oral histories. She noted there is a stack ofphotos
17 of pictures of houses that have not yet been identified. She suggested forming a local historical
18 society and indicated she received calls from interested residents for such a society. She thanked
19 the residents for their support.
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21 C0Ulicilmember Horst asked when residents will be able to see the exhibit. Ms. Campbell
22 explained it will be a month or so after sending the project to a framer.
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24 Mayor Faust noted the city was incorporated in 1945. We are near losing oral histories and
25 pointed out that M,s. Campbell was good at getting the oral histories.
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27 VI. REPORTS FROM PhANNING COMMISSION, DON JENSEN, PRESENTING.
28 A. Consider Resolution 05-063- re; Adont Variance to citv ordinance to allow. Brills on
29 balconies at 2401— 2407 39"' Avenue and 2510 — 2550 38"' Avenue.
30 Item was removed at the request of the applicant.
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32 B. Consider Resolution 05-064, re: Adopt Variance to side yard setback to install an eeress
33 window at 2909 30"' Avenue.
34 Commissioner Jensen said six members were present at the last Planning Commission meeting
35 and all motions relating to this item were either all in favor or all against. Ile said that the
36 resident provided testimony as far as suggestions for fencing. There was testimony from the Fire
37 Marshall regarding the safety concerns. This is an area of the Code that needed to have some
38 changes. However, approval was unanimously recommended. He suggested the
39 Couneilmembers read the report if they desired more detail.
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41. Mayor Faust asked if the Fire Chief's concerns were related to falling in the egress window.
42 Commissioner Jensen answered the neighbor's concerns were related to failing in. The Fire
43 Chief's concerns were for safety and he didn't share that same concern of falling in.
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45 Commissioner Jensen explained the egress window is planned for the west side of the house.
46 The Zoning Ordinance does not allow egress windows in the side yard setback. The owners
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City Council Regular Meeting Minutes
August 23, 2005
Page 3
have considered putting the egress window on the front of the house; however a gas main enters
the house there. The east end has the driveway.
Mark Steadman, applicant, stated they believe they have arrested the concerns of the Planning
Commission and are trying to address concerns of the neighbor. He said he had a safety
perspective and he is trying to address storm water problems and the aesthetics perspective. The
City and Planning Staff seem to be in favor.
Mayor Faust asked if he lived at this house. He answered he does not, but his daughter lives
there with a roommate.
Motion by Councilmember Thuesen, seconded by Couneilmernber Gray, to adopt Resolution 05-
064, re: Approve variance to side yard setback to install an egress window at 2909 30°i Avenue.
Councilmember Stille stated he is in favor of an egress window, but opposed to the way in which
we are doing this. Our hardship is that the house was built before the Zoning Code. Ile said he
does not Like to rely on those types of findings. When the applicant purchased the house, le
knew the Code existed. The Code did not create the problem. If this variance is allowed, it sets
a precedence. He stated that having some sort of approval of a Conditional Use Permit would
make sense. Each house is diflferent. We cannot require a fence to approve this variance. The
applicant made a good presentation and seems to be sincere. He said lie has an issue with regard
to the hardship issue, given the circumstances, and the precedence being set.
Councilmember Horst stated in reviewing this case, it seems the Planning Commission and the
Fire Chick's primary concern was to have some type of egress in the house. It is now required in
the basements of houses by state code. He said the City should get the Ordinance changedto
allow these windows. The fact that setbacks have to be decided on is a problem with small lots.
Safety should be the concern. In newer homes this is a requirement, so we need to approve this
variance and get busy on the text amendment change.
Mayor Faust said he is against the variance for two reasons. One reason is what Councilmember
Stille mentioned regarding the fact that the owner knew the Code when he bought the house.
This may be for economic gain, and it causes economic opportunity when egress windows are
allowed. Another issue is that lie said he is apprehensive about approving just one variance. If i t
were done through Conditional Use applications, it would allow the opportunity to see how it
would apply to all instances. This is not a safety issue since no one is living in the basement, but
it could be in the future.
Councilmember Thuesen agreed with Councilmember Horst that the safety issues do need D be
considered. Ile stated that hearing the dialogue from Councilmember Stille and Mayor Faust, he
gets the sense that there would be a better way to go about this. If we deny this, it is not that the
applicant cannot come back and approach this in a different means. At this point, he said tie is
inclined to agree with the Mayor and Councilmember Stille that we need to take a second look at
it.
Councilmember Horst noted the Planning Commission had a lengthy discussion. Commissioner
Jensen confirmed. He said the Commission felt there were a number of encroachrrients that were
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August 23, 2005
Page 4
1 described in the Code. Stairs, eves and other projections from the house can come into that same
2 space. The Code states if it was written at that time, then it was not allowed. It provides no
3 different an obstacle than other protrusions that are allowed. Window wells are an allowable
4 encroachment into a side yard. Iie said they felt it met the test of the Code. They felt the
5 findings were not a stretch. They did feel that it should be approved.
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Councilmember horst pointed out a lot of thought was given by the Commissioners, which we
asked them to do. He said the Council should be careful on making changes. However, this
adds value to the house. It is a safety issue, and it is a smart idea whether anyone lives in the
basement or not.
Mr. Steadman explained the basement is finished and there is a bedroom down there. It is used.
Councilmember Horst stated the hardship has always been the hardest to prove. Ife said the
Council should carefully look at what the Planning Commission has done before the Council.
dismisses this. Ile said he is still in favor of approving the variance.
Mayor Faust reminded Councilmember 1lorst that when an egress window is added, it creates
another bedroom and that adds value. That is the reason the builders have put thein in. Ile said
he doesn't disagree that we should have them, but he said he thinks it should be done in a.
thoughtful manner.
Councilmember Stille said he is not against this kind of window.
Councilmember Gray stated he is inclined to agree with Councilmember Borst. When it is a
matter of safety, he said he doesn't see any reason to delay. It can increase the vahre. Ile said
the Council has to look at how they will allow these, and consider safety issues. The hardship
issue seems to be ever-changing, and he said he would Like to see it more defined. I -ie
commented he thinks this is important enough to go ahead and approve it.
Councilmember Thuesen commented he supports the applicant and the thought of safety. lie
said he hopes if this is denied, the applicant will be willing to resubmit a plan.
Ives- 2,1! ays - 3 (Stille, Thneneu and Moor I+aunt). Motion failed.
Motion by Councilmember Stille, seconded by Councilmember Thuesen, to deny Resolution 05-
064, re: Approve variance to side yard setback to install an egress window at 2909 30`x' Avenue.
Aves - 3, Nays - 2 (Horst and Gray). Motion carried.
C. Consider Resolution 05-065, re: to amend section 1640.02 of the zoning ordinance to
allow catering banquet activities as a conditional use in the industrial zoning districf.
Mr. Jenson reviewed the resolution with the Council and indicated that there was very little
discussion and it was approved unanimously at the Planning Commission meeting.
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August 23, 2005
Page 5
1 Mayor Faust confirmed that sections (h) "Assembly, meeting lodge, or convention halls" and (i)
2 "catering operations cafeterias and delicatessens" were added to the text. This is a Conditional
3 Use Permit in the LI Zoning District. Mr. Jensen confirmed.
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5 Mr. Morrison noted that zoning text changes only require one reading. The applicant will still
6 have to submit an application for a Conditional Use Permit.
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Mayor Faust asked if a liquor license would need to be issued if this text anrendrnent is allowed.
Mr. Gilligan explained that as a catering operation they will have a liquor license through the
state. This would be outside the City's control. The City could put conditions on the license
through the Conditional Use Permit.
Motion by Councilnaember Borst, seconded by Councilmcmber Gray, to adopt Resolution 05-
065, re: to Amend Section 1640.02 of the zoning Ordinance to allow catering banquet activities
as a permitted Conditional Use in the Industrial Zoning District.
Motion carried unanimously,
D. Consider Resolution: 05-066, re: Adept_Variance for btuldimy setback 4mcon St
Anthony.
Connmssioncr Jensen reviewed items D., E., and F. with the Council and indicated that the
Planning Commission considered each item separately in their meeting. The Commission felt all.
requirements were met.
Mr. Paul Tucci, Oppidan, gave an overview of the request. He explained this is the revised site
plan from the last request. The building setback variance is requested because there are five feet
on the west corner and they would prefer to have twelve feet. The position of the building is
similar to the original approval, however this is a smaller building. One of the other requests is
in regard to the proximity of the restaurant to the residential area. The size of this building is the
same as the original request. They are asking for approval since the original approval has
expired. He noted they are also asking for a variance on the parking. Ile said they have a floor
plan for the restaurant that shows 161 seats. Previous approval of the 6,000 square foot
restaurant was with 27 parking spots. The square footage on this site is 1,500 square feet less
than it was of general retail. It is the same amount of restaurant square footage. He said he
wasn't clear on how the 27 parking spots were arrived at.
Mayor Faust noted the variances were withdrawn and the applicant denied the amendment to the
agreement.
Councilmember Stille asked if a rendering of what the building will look like has been
developed.
Mr. Tucci showed the foam elevations. He said they have submitted to the City the photographs
of an existing building they will base this from. They eliminated the drive through and put in a
door to access the proposed patio. The north elevation drew a great deal of discussion at the
Planning Commission meeting due to the gateway from southbound. There were egress doors
but he said they will also put glass on the back that will be opaque. He explained that as people
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August 23, 2005
Page 6
are driving, they can see the light coming out, but won't be able to see in. The canopies will
match as well as the wall sconces. It will give the feeling that it is a four-sided building.
Mayor Faust noted that without the amendment to the Developer's Agreement, the variances arc
needless to approve. He stated these request should be held. The request for the Amendment to
the Developer's Agreement, Item VII. A. must be moved up to the next item for discussion.
8 VII. GENERAL BUSINESS OF COUNCIL
9 A. Resolution 05-069; Amendment todevelo,per's a reement with Ameon St. Anthonv.
10 Mr. Mornson explained a letter was presented to him before the meeting that states the applicant
I1 will provide the City with $50,000 to amend the Agreement. He said he had a letter from legal
12 counsel that outlines the City's options. He noted eight resolutions were prepared for
13 consideration for this item.
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15 Councilmember Horst. questioned if the agreemcnt is amended as stated, whether the developer
16 would have eight months to complete the project with the same Idnd of terms that the City would
17 take the property back if this provision isn't met. Mr. Mornson said this is something that could
18 be negotiated. It is not stated now.
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20 Councilincmber 1 -forst said that based on the track record, it should be included. Mr. Mornsou
21 said that if the Council chooses to proceed on that, it should be included in the motion and
2'l,specific terms should be noted.
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24 Councilmember Gray asked for an explanation for the difference of $50,000 being offered now
25 and $150,000 offered in June to amend the agreement. Mr. Tucci explained in June they were
26 asking for a major modification. Now they are back to the originally approved plan, basically.
27 He said they had a discussion with Ehlers on the reduced tax amount to the City due to the
28 building size, and the impact was under $1,000 per year. They tried to estimate what the tnx
29 implication was and determined the amount of $ 50,000. The taxes should have already been
30 paid for a year on this project.
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32 Mr. Tucci explained in regards to landscaping with this building they have all integrated
33 landscape plan to integrate what the City will do in the right of way. At the Planning
34 Commission meeting, there was discussion that the developer needs to make sure the sidewalk
35 going around the building connects. That was left to discussion with Staff. He suggested that
36 Guy with Village Pub can explain further. He said they learned from the last proposal that this
37 body seems to have a preference to have the restaurant on the pad where it was first approved.
38 They also learned that the Council was concerned that it would become more of a pub at 3,500
39 square feet. At 6,000 square feet, it seemed too big for arestaurant, so they now arrived ata size
40 of 4,500 square feet. He said they will specify in the lease that a 50/50 ratio of liquor and food
41 sales must be maintained. The architect is ready to start drawings tomorrow if this is approved.
42 He said he would like to begin the site prep work tomorrow. He noted the condition of having
43 the project complete in eight months was an oversight on his part.
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45 Bob Foster, attorney for applicant and resident, said he asked Guy Peterson of Jackson Street Bar
46 and Grill to attend the meeting. He invited Mr. Peterson to explain why it will be a
47 neighborhood restaurant rather than a bar.
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City Council Regular Meeting Minutes
August 23, 2005
Page 7
Mr. Guy Peterson, applicant, said the restaurant will look more like an Applebee's. He noted
that a 50% food/liquor ratio must be kept by St. Anthony ordinance. Ile said his goal is to have
the building look like a restaurant and not a bar.
Councilmember Horst said he is concerned about it being in a shopping center location. hi the
last discussion you were planning on a pub atmosphere. Now, it is planned to look more like an
Applebee's. He asked how he plans to accomplish that, and how much will be spent for the
interior improvements. Mr. Peterson responded the interior will cost approximately $300,000.
The bar seating is very small. The inside will be very open and lighted. He said by contrast, the
Jackson Street Bar & Grill has a long bar. IIe said they never proposed to put a Jackson Street
Bar & Grill there. Iie further noted they were limited to what they could put in the Jackson
Street Bar and Grill because it was an old hardware store.
Councilmember Horst said he was concerned that: it should look people friendly. He said
$300,000 seems like a low budget. Mr. Peterson said he will do a lot of the work. Fie agreed the
amount is on the low end. He said he will do a lot ofwork themselves because they are also a
construction company.
Mi. Tucci added that Mr. Peterson's 5300,000 is above what they are putting into the base
building.
Councilmember Ilorst asked if they have an idea of what the restaurant will look like. iMr. Tucci_
answered they do. The upgrading of the HVAC, electrical, etc. is all in the basic package. For
this type of operation, $300,000 is on the low side, but with Mr. Peterson doing their own work,
the amount is average.
Councilmember Horst said he was concerned that it will look cheap with cheap furnishings. Mr.
Peterson said the inside will be all wood.
Councilmember Horst said what he saw at the Jackson Street Bar and Grill is not up to the City's
standards. He said he wants to see this location be more upscale.
Mr. Peterson said there will be dark redwood inside and it will be a more upscale type restaurant.
He offered to provide samples. He added that the floor will be 12" x '12" ceramic tile.
Councilmember Gray pointed out that the proposal states the operator would have the option to
cancel the lease with the Sports Boosters if it drives the food ration below the 501/o n inimum.
Mr. Peterson said if they are under 50%, they would not be operating.
Councilmember Gray asked how that would be determined.
Mr. Foster said it seemed clear that the concern was this be an upscale restaurant. He stated that
one of their concerns was that including the pull tab operation in there is historically in other
places more of a bar crowd than a restaurant crowd. He said their first priority is to have this be
a restaurant rather than a bar. If it is a successful pull tab operation, this may cause it to be more
of a bar than a restaurant. He said they were caught in a Catch-22. The priority will be to nnake
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August 23, 2005
Page 8
this a restaurant and as a result, they were concerned that the pull tab operation may suffer. 1 -Ie
said they felt they had to choose to stress the restaurant.
Mayor Faust said if this were the original plan we wouldn't be here discussing this. He said the
Catch-22 is one they created. ']'he developer brought that on themselves.
7 Mr. Foster said if this were a Spectators, in a lot of their locations, they are more of a bar than a
8 restaurant. In St. Anthony, they would not allow that. Many of those that play pull tabs are
9 more bar patrons than restaurant patrons. They had to meet the 50% food ratio.
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11 Mayor Faust commented that restaurant operations at 6,000 square feet do not have the issue of
12 bar vs. food issues.
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14 Councilmsmber Horst stated the issue of pull tabs seems to be unenforceable. He said the
15 applicant is stating intentions of making the bar sales secondary. The pull tabs will either be a
16 success or the Sports Boosters will find a different location. He questioned whether the fact that
1.7 pull tabs will be in the Iocation is part of the agreement at all.
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19 Mr. Tneel said he drafted that letter. Ile wanted to make the point that when he negotiates fhe
20 lease with the Sports Boosters, the option will be there in the event that it becomes an issue with
21 the owner, or the Council. He said they want this to be a restaurant first, and not a bar fust I fe
22 offered to change the language.
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24 Councilmember Stille stated all Councilmerrmbers are familiar with the Jackson Street Bar & Grill
25 in Anoka. He asked what other restaurants Mr. Peterson owned. Mr. Peterson replied theyhave
26 another restaurant and grill in Oak Grove. He stated they have not done anything like this
27 before, and they are trying to expand.
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29 Mayor Faust asked if the basement is used at the Jackson Street Bar & Grill. Mr. Peterson said. it
30 houses the office, walls in cooler, and the freezers.
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32 Mayor Faust asked if the other bar they own is the SRO. Mr. Peterson confirmed it is.
34 Mayor Faust noted that all of Anoka County allows smoking. Hennepin County is having a
35 debate. Mayor Faust said he does like the fact that no smoking is allowed. He added that the
36 City may take up some kind of smoking ban if Hennepin County relents. However, he said he
37 doesn't see any sentiment to change to go to smoking now.
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39 Mayor Faust ,indicated there are two proposals for the amendment; one to approve the change to
40 the Amendment and one to deny.
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42 Discussion
43 Councilmember Horst stated the City has been working on this for almost two years. Atncon has
44 been a good partner in creating at least some activity and at least a start of what will be
45 redevelopment on this end of the city. He said he thinks it is time for this proposal, and it is one
46 that we've wanted them to do all along except for the 1,500 feet. He said he thinks it is tinie this
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August 23, 2005
Page 9
1 project come to completion. He urged the Council to accept this Development Agreement
2 change and work with Amcon in creating the shopping center.
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4 Councilmember Stille related the story of Spectators in 2003. He said he has heard a lot of this
5 before as far as permits being applied for and the lease being almost ready to sign. He said he
6 would like to see what is out there in terms of options and opening up for a Request for Proposal.
7 He said the City has conic this far and should see what other options are there. He is concerned
8 that the operator has not done this before, and is concerned it could revert back to a bar. lie
9 would encourage this applicant to participate in the RFP.
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Councilmember Thuesen said he was glad to hear this would be a neighborhood restaurant vs. a
neighborhood bar. Ile said this cannot be emphasized enough. The establishment being run in
Anoka is a different time and place, and he said he is willing to recognize that. He said lie
believes the operator that wants to build this establishment understands what we are looking for.
This process to this point has been painful. llc said Pre is leaning toward approving this
operation. He added that he thinks the potential is there for a neighborhood restaurant.
Councilmember Gray agreed with Councihnembers Horst and Thuesen; lie said he thinks itis
time to get going. He said he likes the concept and believes it will be a good neighborhood
restaurant. This is within walling distance From many residential units and apartments. lk
noted he has heard from apartment residents that they would tike to have something to walk to,
The developer is willing to pay the difference on taxes, and he thinks the Council should.
proceed.
Mayor Faust indicated he did not feel an obligation to do anything for the sake of speed. IIe said
there is a reason there is a Developer's Agreement. We are at the I 1 °i hour of the second
extension with the Developer's Agreement. He stated he didn't find that. Amcon, or whomever
the operator is has been forthright with the Council_ He said he would like to see what is out
there as well. He said he doesn't doubt Mr. Peterson's ability to do what he does. Jackson Street
Bar and Grill is a bar and SRO is a greater bar. He commented lie heard that 6,000 square feet is
the size needed to run a restaurant with a liquor operation. He said he has been told that
Applebee's has a 6,000 square foot building. He indicated that 3,900 square feet on the main
floor plus a basement is used for the Jackson Street Bar, so it is evident lie uses more than 4,500
square feet at that location. Ile also stated there has been time to provide sketches since June.
This Developer's Agreement has been trusted for two years. Now he said he would be inclined
to take possession of the land and would prefer to direct the City Attorney to do that.
Councihnember Horst noted that when this proposal was first created, it was because the City
went out for bids for proposals. No one came forward right away. The first company that came
forward was rejected due to a report by Ehlers. Ehlers found other developers that were
interested, including Amcon. Amcon is one of the top developers in the Cities and they are well
respected. He said he cannot explain the lack of communication in this project, but lie said lie
has faith in this operation. He said that if bids are requested again, there may not be a response,
and time will be wasted. He would like to keep this good partner. Ile said the City should stop
adversarial looking at Amcon and work with them.
6
7
10
12
13
14
15
16
17
1s
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
August 23, 2005
Page 10
Mayor Faust said that the reason there is a Developer's Agreement is because it is adversarial by
nature. He stated that we have not wasted time; they have. He said he is not willing to settle.
He added that it is a 6,000 square foot parcel by the Developer's Agreement and not 4,500
square feet.
Councilmember Stitle said we could put the project back out there. The market may dictate that
a restaurant does not belong on that site. Ile said he would like to see what the market says.
Councilmember Horst said the fact that no one else wants to put a restaurant on that site doesn't
mean a restaurant doesn't belong there. It cleans to him that no one wants a 4,500 square foot
parcel. He said we have gone far down the road with this group; let them finish their work.
Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05-
069, re: Amendment to the Development Agreement between City of St. Anthony and Arncon,
LLC. with payment of $50,000 to the City upon issuance of a permit.
Councilmember Thuesen requested clarification of the issue in front of them.
M1
Mr. Tucci explained the $50,000 payment is upon execution ofthe amendment. 11e said they
would have approximately six weeks to file for a building permit and then eight m.onths fi�om the
approval of the permit to get the building done. Tf this is approved tonight, he said they are ready
to start the plans tomorrow.
Councilmember Horst asked if he was publicly stating that should this Developer's Agreement
be amended, he will lease this and it will work out. Mr. Peterson confirmed it will work out.
Mr. Morrison suggested specific dates be included in the Developer's Agreement. IIe reminded
the Council and the applicants that they must apply for a liquor license.
Councilmember Ilorst suggested removing the "whereas" point on the Resolution regarding the
pull tab operations. This point is in the Developer's Agreement.
Councilmember Stille raised the issue of the sixth "whereas" point regarding the issuance of
issuance of a building permit. Mr. Gilligan stated the building must have a certificate of
occupancy by June 1, 2006 and the Resolution should be changed to reflect this.
Aves - 3 Nays — 2 (Stille and 'Mavor I'aust). Motion carried.
D. Consider Resolution 05.066,_re: Anent Variance for building setback Ameon St. Anthon
(continued),.
Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution
05-066, re: Approving a variance for building setback for the development Located. at 2900
Kenzie Terrace.
Aves — 3 Nays — 2 (Stille and Mayor Faust). Motion carried.
City Council Regular Meeting Minutes 12
August 23, 2005
Page I I
E. Consider Resolution 05-067, re: Variance for puking Ancon St Anthot�
Motion by Councilmember Gray, seconded by Councilmember Borst, to adopt Resolution 05-
067, re: Approving a variance for parking for the development located at 2900 Kenzie Terrace.
Discussion:
Councihnember Hoist pointed out was unanimonsly approved at the Planning Commission. He
said lie doesn't know any reason to go against this particular resolution.
10 Aves — -3,1Nays — 2 (Stillc and )I ayor Faustl. Motion carried.
11
12
13 1 Consider Resolution 05-068,_re: Conditional Use Permit for restaurant within 250 feet of
14 residential p to7ert 2900 Kenn I erraee7IJ_i uhwa _, 8 ,
15 Councihnember Stille asked for the attorney's thoughts on this issue.
16
17 Mr. Gilligan said lie would check the statutes for the 60 -day rule. He noted the 60 days expire
18 September 7.
19
20 Motion by Councilmember Horst, secoaded by Councilmember Gray, to adopt Resolution 05-
21 068, re: Approving a conditional use permit to allow a restaurant within 250 feet of a residential
22 property for the development located at 2"77.4 Highway 88.
23
24 Discussion
25 Councilmember Stille said there is a Developer's Agreement that has been approved. Since that
26 is the case, he said he believes the Council should move forward with the Conditional Use
27 Permit. It is difficult to regulate who goes into this.
28
29 Councilmember Horst noted the Conditional Use Permit was argued a long time at the Planning
30 Commission. They did make sure a lot of the conditions the City wanted to see were met. He
31 said he thinks it is the right thing to move forward.
32
33 Mayor Faust said he will vote more as a protest. TIe said the applicants should take that vote as a
34 lack of overwhelming confidence. The burden is on the developer to see this through.
35
36 Ayes — 4 19'ays —1 (Mayor Faust). Motion carried.
37
38 B. Resolution 05-070; Re: Approve the feasibility re ort for 2006 street iilrovements.
39 Mr. Hubmer reviewed the streets to be improved. He noted storm water improvements are
40 proposed. The proposed project costs for 2006 street reconstruction are $1,132,000. The City
41 assessment roll is that 35% would be assessed to the property owners. Sanitary improvements
42 are assessed for $96,000, which would be a city expenditure. Total assessments will be
43 approximately $1.7 million for a total project cost. He went over the anticipated project
44 schedule. He said they anticipate holding a neighborhood meeting in September 2005 and
45 receiving feedback. In October, he said they anticipate bringing plans back to the Council. The
46 bids will be received in December, and brought to the Council for approval in January of2006.
47 Construction will begin in ,May of 2006. Some final project work may be done in June 2007.
10
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
August 2J, 2005
Page 12
Councilmember Thuosen questioned how it would be staged as far as phasing. Mr. Hubmer
explained he would like to complete the work on 29°' Avenue first. It is a busy street and they
would like to keep the construction vehicles away from crossing this street continuously. 'There
are many accesses to Murry Ave. from other streets.
Councilmember Thuesen asked what the cost was of this year's project. Mr. I311bnler answered
they anticipated the cost to be approximately $ 1.9 million. He added that the length is less but
there were more substantial utility replacements.
Motion by Councilmember Gray seconded by Councilmember Stills to approve resolution 05-
070; re: A resolution receiving report and ordering plans and specifications.
IK
Motion carried uuauim�
C. Resolution _OS 071 _Chan__7e the regularly s_chedulcd December Council meetim s from
second and fou th Tuesday_to_tlie first and third Monday.
Mr. Monism) explained this is a resolution to change the meeting dates of the Council in
December to coincide with aResolution that will be presented at the September 13 meeting. The
meetings nuUst coincide with the Trutln in Taxation hearings according to state mandate.
Motion by Councilmember Thuesen, seconded by Councilmember Horst, to approve Resolution.
05-071; rc: A Resolution canceling the City Council meetings scheduled for the second and
fourth Tuesday and replacing with the first and third Monday in the month of December.
VIII. REPOWFS FROM CITY MANAGER ANIS COUNCILIiIEMBERS.
City Manager Morrison reported the following:
The St. Anthony Chamber will hold an event called Silver Lake Village October Fest our.
October 8 from 3:00 to 9:00 p.m. They will request a liquor license for sales during this
time. The Chamber will pay for additional restroom facilities.
The Park Commission is working with a consulting company for a feasibility study on
Emerald Park They will likely hold a neighborhood meeting to solicit input.
Negotiations have begun with Nextel on the water tower. There is a possibility of
$16,000 in annual. revenue.
® Three public hearings in September for Planning Commission.
® The Fire Department is creating IDs to comply with the NIMS. He said the
Councilmembers must go to the Fire Station for their pictures.
® The Fire Department is planning a pancake breakfast on October 9.
® Public Works finished hydrant flushing and seal coating.
Finance just completed an audit and will be getting a refund check based on being injury
free for the past year.
® Police interviews will be conducted Monday.
• Liquor sales are up at both stores.
Councilmember IIorst asked if we have a planned date for completion of the current street
improvements. Mr. Hubmer answered 39t" Avenue is anticipated to be completed by the first of'
October. The project is on schedule.
City Council Regular Meeting Minutes 1.4
August 23, 2005
Page 13
1.
2 Mayor Faust suggcsted Mr. Morrison talk to the County Assessor's office regarding the going
3 rate for Nextel.
4
5 Councilmember Gray attended the Silver Lake Task Force meeting the previous night. He said
6 no one was in favor of a four -lane extension from Ramsey County, which is a concern that is
7 regularly brought up. Going forward, this will not be the assumption that it will happen.
8
9 Councilmember Horst attended the Silver Lake Task Force as well. He invited residents to bring
10 concerns to himself or Councilmember Gray.
11
1.2 Councilmember Stille had no report.
13
14 Councilmember Thuesen attended two Ramsey County L,ibrary'I'ask Force meetings since the
15 last Council meeting. Ile said it was good that a Councilmember is on that task force. They tend
16 to forget that St. Anthony is part of Rarnsey County. He said he thinks it is important that the
17 City have a say in this task force. There will be three town hall meetings: September 15,
18 September 20, and September 2.8. Ile recommended that a School Board Member attend these
19 meetings. Ile encouraged all residents of St. Anthony to attend.
20
21 Mayor Faust reported he attended an Association of Minnesota Municipalities. Ile also attended
22 the kick off of the Silver Lake 'Cask Force the previous night. He noted llermeprn County
23 Commissioner Stenglein was there. He said without him, this project would not be going
24 forward.
25
26 /III. COMMUNITY FORUM.
27 Mayor I'aust invited residents to come forward at this time and address the Council on items that
28 are not on, the regular agenda.
29
30 Ilcaring none, Mayor Faust moved forward with the agenda.
31
32 IX. INFORMATION AND ANNOUNCEMENTS.
33 Councilmember Stille stated he attended the fundraiser at Applebee's pancake breakfast.
34 Applebee's wishes to do this for more organizations.
35
36 Councilmember Stille noted Wilshire Auto Sales looks to be out of business and he thanked.
37 Councilmember Gray for spearheading that. He thanked the Staff for assisting in that.
8
39 X. MISCELLANEOUS INFORMATIONAL DOCUM'EN'TS.
4() None.
41
42 XL ADJOURNMENT.
43 Mayor Faust adjourned the meeting at 9:22 p.m.
44
45
46
47
City Council Regular Meeting Minutes
August 23, 2005
Page 14
Respectfully submitted,
2
4 Chris Molcsnes
5 TimeSaver Off Site Secretarial, hie.
ATTI S'1
10
City Clerk
Mayor
IR
DATE:
Sept 13, 2005 Approved:
TO:
Mayor and Councihmmbers
FROM:
License Clerk
ITEM:
License and Permits for Approval:
Ileatin, Contractor License_
Norbiom Plumbing Co., Mpls, MN
Sharp Heating & A/C Inc, Fridley, MN
General Contractors License:
Atlantis Pools, Inc,Brooklyn Center, MN
Berthiaumes Northside Contracting Inc, Elk River, MN
De Mas Sign, Inc, Coon Rapids, MN
Muir Dorm Construction, Inc, Edina, MN
3.2 Beer &Wine License:
Bonaventure Group - dba: Rigatoni's Grill & Bar
ACS FINANCIAL SYSTEM
09/02./2005 08:
BANK VENDOR
FIRS RNEDED BANK NA
BY, ANTHONY VILLAGE
Check Register GL54CR-V06.70 PAGE 1.
CRECK8 DATE AMOUNT
BREX-2R SANK NA 173,420.42
m
HENN COUNTY TREASURER
25624
09/14/05
161.88
.00010
009252
ALBRECHT
2.625
09/14/05
84.02
008621
ALLIANCE MECHANICAL
25626
09/14/05
.,SGO,00
000320
BEISSWENGER APPLIANCE
25629
09/14/05
403.941
009168
BOYER FORD TRUCKS, INC.
25628
09/1.4/05
11.34
009253
BRAKE & EQUIPMENT WARPHO
25629
09/14/05
100.28
BRIGHTON SANDBLASTING IN
25630
09/14/05
3,400.00
.00009
003914
BUILDING FASTENERS
25631
09/14/05
23.89
008652
CARTRIDGE CARE
25632
09/14/05
1191.53
009386
CASTLE: INSPECTION SBRVIC
25633
09/14/05
21,469.58
009056
CITY OF ROSEVILLE
25634
09/14/05
1,525.48
004109
COMP'TON'S COMMERCIAL ILK
25635
09/14/05
4,015.05
000705
DALCO
25636
09/14/05
59.99
000809
DIAMOND VOGEL PAINTS
25639
09/14/05
353.80
004"0
DICKSON ELECTRIC
25638
09/14/0.5
1.,162.00
007391
DISCOUNT STEEL, INC.
25639
09/14/05
33.09
000817
DON'S CAR WASH
25640
09/14/05
'794.28
000820
DORSEY & WHITNEY
25641
09/141/05
242.50
000200
RARL P. ANDERSEN, INC.
25642
09/14/05
391.95
008364
FIRE ENGINEERING
256413
09/1.4/05
30.00
000980
FLEXIBi,li PIPE TOOL CO
25644
09/14/05
1,282.04
008647
FRATTALLONE'S HARDWARE
25645
09/15/05
125.19
001030
G & K SERVICES INC
25646
09/14/05
902.19
009044
GCR MINNEAPOLIS TRUCK TI
25647
09/14/05
74.55
001.180
GOODIN COMPANY
256:8
09/14/05
148.04
001420
HAWK -NS WATER 'TREATMENT
25649
09/14/05
9413.20
008221
HFDSACK,AREND'1', & CARLSO
25650
09/14/05
5,000.00
001505
HENNEPIN COUNTY SUL)RIFF
25651
09/14/05
391 .61
008252
BONE DEPOT CREDIT SERVIC
25652
09/14/05
25.95
009201.
IDENTITY CUSTOM, rMBLEMS-
2SG53
09/1.0./05
595.00
005200
JOHNS AUTO ?8129:5
25654
09/14/05
30.0'9
LIENGMANN/➢LANE & MARK
25655
09/14/05
3,500.00
.00001
008254
LKCIT 9 BERKLEY ADMINIST
25656
09/14/03
250,00
000229
LOFPLER BUSINESS SYS'I'EMH
25CB-I
09/W0
6P294
i4ATSON/ST19VE
25658
09/14/05
. 08
.00001
008263
MCLGEOD USA, INC:.
25659
09/14/05
226.14
00783!1
METROCALL
25660
09/14/059.35
00'2.240
METROPCLI'TAN COUNCIL
29661
09/19/05
"s, 33C23
002280
M:iDIJEST ASPHALT CORP
25662
09/1.4/05
494.68
007308
MIDWES'1' SPECIAL'T'Y SALES
25663
09/2.4/05
94.82
OOSOlO
MIKE CONWAY FIRE & 'AFRT
25664
09/IL4/05
80.46
000423
MINNESOTA CRIER OF POi.,IC
25665
09/11./05
57
46
009131
MINNESOTA DEPT OF HEALTH
25666
OT/14/05
2,957.00
008269
MINNESOTA SHREDDING LLC
25669
09/14/05
54.00
MN FALL 'dA.NTENANCE EXPO
25668
09/1.4/05
1.50.00
.00007
MN SPRING & SUSPENSION
25669
09/14/05
118.22
.00006
PPI,S HARDWARE: INC
25670
09/14/05
95.98
.00008
005232
MVRPRY'S SERVICE CI•:N'TER
25691
09/14/05
69.00
008422
NA'I'L FIRE PROTECTION AS
25692
09/14/05
160.09
009199
CITY OF NEW BRIGHTON
25693
09/14/05
200.00
005294
NORSK CONCRETE CONST
25694
09/14/05
1,268.00
008959
NORTH SUBURBAN ACCESS CO
2.5675
09/14/05
4191.017
009202
NORTHEAST TREE, INC.
25676
09/14/05
2,822.25
000045
OFFICE. DEPOT
25679
09/14/05
353.69
000528
PACS ANALYTICAL SERVICES
25678
09/14/05
389.00
009366
PAR'T'S MIDWEST, INC.
25679
09/14/05
4'_.24
008560
PEARSON EROS., INC.
25680
09/14/05
25,835.00
.00005
PIR'TEK
25681
09/14/05
420.75
007057
PRAXAIR
25682
09/16/05
105.45
0091.80
PROFESSIONAL TURF & RENO
25683
09/14/05
734.85
009139
PROPERTY KEY, INC.
25684
09/14/05
50.00
004492
QWEST
2SG85
09/14/05
62.61
.00004
ROAD EQUIPMENT LEASING
25686
09/14/05
3,210.98
.00003
SEEDORFP MASONRY IND CO
25G87
09/14/05
1,509.20
008214
SNYDER DRUG
25688
09/14/OS
91.57
008920
T.C. FIELD & COMPANY
25689
09/14/05
'_,522.50
007337
'TIMESAVER OFF SITE SUCRE
25690
09/14/05
112.00
007365
TOLL GAS & WELDING SUPPL
25691
09/14/05
16.03
000907
'TOUSLEY FORD
25692
09/14/05
23.70
003560
TRACY PRINTING
25693
09/14/OS
440.61
008859
U.S. HANK
25694
09/14/05
•151.25
008270
UNITED STATES POSTAL SEA
25695
O9/14/05
600.00
008229
VERIZON WIRELESS
25696
09/14/05
60.23
007125
VILLAGEFES'T
25699
09/14/05
1,388.27
008388
W, W. BERTSCH ASSOCIATES
25698
09/14/05
820.05
.00002
WRIGHT ELECTRIC INC
25699
09/14/05
1,691.00
008273
WEB & ASSOCIATES, INC.
25700
09/14/05
29,238.23
002680
XCEL ENERGY
25701
09/14/05
9,523.03
000830
ZEE MEDICAL SERVICE
25702
09/14/05
73.33
BREX-2R SANK NA 173,420.42
m
m
ACS FINANCIAL SYSTEM
ST.
ANTHONY
VILLAGE
09/06/2005
13: Check lie gi.ster
GL540R
V06.90 PACE
i
LANK
VLNDOR
Ci±ECK11
DATA
AMOUNT
LIQR LIQUOR
CRRCKING ACCOUNT
004014
ALLIED PAPY.R CO.
24056
09/11,/05
63.50
009056
AMERICAN BO'TT'LING COMPAN
24857
09/14/0S
94.40
0001794
ARCTIC GLACIER INC.
24058
09/14/05
1.,211.28
009122
ARODIA WINE INC
24859
09/14/05
91.50
004293
BELL'3OY CORP.
24860
09/14/05
5,7B0.65
0091113
BPRLSON IMPOR'T'S
24861
09/14/OS
182.50
009148
LEW ENTERPRISES
24862
09/14/05
95.00
009100
CAT & FIDDLE LEVERAGE
24863
09/14/05
190.00
002380
CENTERPOINT ENERGY MINOR
24864
09/14/05
16.20
004080
CHISAGO i,AKrS DIST. CO.,
24065
09/34/05
3,513.92
00821.6
CINGULAR WIRELESS
24666
09/14/05
90.85
009056
CITY OF ROSEVILLE
21,867
09/14/05
300.99
.00001
CITY OF ST AN'TRONY
24068
09/15/05
8'1,500.00
004085
CITY OF ST ANTHONY
24869
09/14/05
19,791.43
004095
COCA COLA EN'T'ERPRISES IN
24890
09/14/05
1,180.30
009019
D'V/NE WINE DISTRIBU'T'ORS
24891
09/14/05
326.80
000559
DAILEY DATA & ASSOCIATES
24692
09/14/05
312.50
009194
DAY DISTRIBUTING CO
24893
09/14/05
208.00
004120
EAGLE WINE CO
24894
09/14/05
2,393.62
004125
EAST SIDE BEVERAGE CO
24015
09/14/05
46,432.15
004135
ELRC'PRO WATCHMAN INC
24096
09/14/05
146.9'1
008699
EXTREME BEVTsRAGE
24899
09/14/05
641.3.00
008.906
FORT -`S BENEFITS
24898
09/14/05
91.50
001.030
G & K Sn.RVICES INC
24899
09/1.4/05
237.25
009102
GRAND FERN WINKS, 1,NC
24800
09/14/0!;
1,229.00
0041.92
GRAPY, BEGINNINGS, INC.
21,881
09/14/OS
'116.50
004115
GRIGGS COOPER & CO INC
24882
09/14/054.
1::, G2.
52
001,207
RORENSTEIN'S, .1:NC
24883
09/14/05
4,104.55
009191
SOMEL'TEAD EMBROIDERY & G
24884
09/14/05
52.20
004220
UGHNSON RROIRERS LIQUOR
24805
19/14/05
3,940.80
004230
1NE'PREI2 DTLSTRIBIITING CO
24686S
09/14/05
5,989.29
009114
N., AMUNUSON LLP
21,887
09/14/05
3,492.04
004265
MARK VII SALES INC
24888
09/14/05
28,319.26
002850
MRBICA CHOICE
24889
09/14/05
4,205.60
009113
MINNLSOTA CROWN DISTRIBU
24890
09/14/0.'i
1.94.00
009020
MINNESTALGIA WINERY
24891
09/14/05
95.00
009172
MORE DISTRIBUTING INC
24892
09/14/05
162.00
009084
MUZAK - NORTH CENTRAL
21,893
09/14/05
51.23
008083
NEW FRANCE WINE COMPPNY
248941
09/14/05
.351.00
000045
OFFICE DEPOT
24895
09/14/05
399.54
004354
PAUS'TIS & SONS
24896
09/1.4/05
3,264.00
004360
PHILLIPS WIND & SPIRITS
24699
09/14/05
12,369.46
004396
PRIOR WINE CO
21,898
09/14/05
3,952.25
000110
PRUDENTIAL LIFE INSURANC
24899
09/2.4/05
1.36
009125
QUALITY REFRIGERATION IN
2,4900
09/1.4/05
311.25
004305
QUALITY WINE CO
24901
09/14/05
20,297.16
009101.
SANDS'T'ONE DIS'TEIBUTING C
24902
09/14/05
89.50
009193
SILVER LANE VILLAGP.
24903
09/14/05
1,494.06
009072
SPECIALTY WINES & REV. I,
24904
09/14/05
959.00
008470
SUN NEWSPAPERS
24905
09/14/05
300.00
008920
T.C. FIELD & COMPANY
24906
09/14/05
229.50
008290
UNITED STATES POSTAI. SER
24909
09/14/05
100.00
008888
VALPAK OF M` NNI:APOLIS-ST
24908
09/14/05
1.,050.00
008316
WINE. COMPANY/TRE
24909
09/14/05
368.30
008310
WINE MERCIiAN'TS INC
24910
09/14/05
1,006.50
009126
WINE SOURCE INTRRHAIONAL
24911
09/14/05
98.00
004499
WORLD CLASS WINES, INC.
24912
09/14/05
240.00
002680
NONE ENERGY
24913
09/14/05
3,530.08
LIQUOR
CRECKING ACCOUNT
359,869.74
*'*
M
MEMORANDUM
DATE: August 25, 2005
TO: City Council
FROM: Mike Mornson, City Manager
Roger Larson, Finance Director
ITEM: FINANCIAL PLANT - PROPERTY TAXES 2006
At our January 2005 goal setting, the City Council asked staff to develop afinancial plan
to review alternatives to offset the impact of the 2006 tax levy. Those alternatives were
presented to Council at the March 14°' work session (further reviewed by Council at its
August I" work session).
At those meetings, Council established a goal to balance the 2.006 -operating budget
without increasing the 2006 levy. Resolution 805-072 as presented to Council represents
the funds necessary to balance, the 2006 -operating budget without an increase to the
general fund levy for 2006.
The proposed 2006 budget of $4,177,500 includes an anticipated 3.5% increase in
employee wages, increased pension contributions (State Approved) and other related
benefits, a $35.00 increase in the employer health insurance contribution and additional.
costs for motor fuel, utilities and inflation.
®ifsetZirt� Zlze Irnr�act wiRhouf increasiwz� Plae levy
1) New Line Items were added:
y- Liquor Licenses
Communications Lease
$24,000
$14,000
2) Some of our current capital equipment revenue line items were restructured and
transferred to the general fund. They included:
➢ Water/Sewer Transfer $60,000
Water Filtration Interest $50,000
Lauderdale/FalconIIeights $36,100
These sources of revenue are considered permanent revenues that are available each year.
The transfer of the line items represents a permanent restructure of the annual General
Fund Budget operating revenues.
M
Also, discussed at the March 140' work session were additional alternatives to offsetting
the levy. After reviewing the alternatives, Council approved the recommendation to
decertify the Hellicicson TIP District.
The District has been decertified and will return to the tax roles for collectible 2006 taxes.
This decertification will add additional tax capacity and offset the impact of the increase
in the road improvement levy.
With the zero percent increase in the General Fund Levy and the additional tax base
created by the decertification, the City should be very close to achieving its goal of
keeping the increase in "2006 Property Taxes" to a minimum while maintaining the
current service levels.
The following represents a review of the 2006 Levy/Compared to the 2005 Levy:
General fund Levy (Operations)
Road Improvement Levy
Public Facilities (P/W -- Fire Station)
Certificate of Indebtedness - Fire Truck
Tax Abatement Levy - Central Parl<
PERA Levy - State Incrcase 'for PERA rates
HRA (Administration Levy)
2005
2006
Increase
$2,488,357
$2,488,357
$ - 0-
$ 627,312
$ 751,492
$ 124,180
$ 391,477
$ 392,737
$ 1,260
$ 89,600
$ 88,100
($ 1,500)
$ 30,013
$ 2.9,271
($ 742)
$ 7,500
._. 7.SOQ
0 -
$3,634,259
$3,757,457*
$ 123,198
$ 55.5QQ,.
$ . 55,500
$ -0._.:.
$3,689,759
$3,812,957
$ 123,198
"The result of a zero percent increase in the General Fund levy is that the City of St.
Anthony is exempt from holding a Truth -in -Taxation public hearing. The Minnesota
Department has set the maximum levy the City can levy without holding a public hearing is
$3,818,792 (the 11RA levy is not part of the calculation).
Final analysis and tax calculations will be presented to the City Council when the City is
provided with our proposed tax rate and tax capacity numbers from Hennepin and
Ramsey Counties. This information is available the later part of October.
Recommendation:
Council review and consider two options:
1) hn compliance with the Truth -inn -Taxation Act, Council approves a resolution
setting the proposed 2006 Tax Levy and Budget. In addition, Council approve not
holding a Truth -in -Taxation public hearing and conducting its Council meetings at
their regularly scheduled date and times.
2) In compliance with the Truth -in -Taxation Act, Council approves a resolution
setting the proposed 2006 Tax Levy and Budget. Also, approving
Monday, December 5, 2005, as the City's Truth -in -Taxation public hearing date and
if necessary, December 19, 2005 as the reconvening date.
M
The following represents a review of the 2006 Levy/Compared to the 2005 Levy and
the calculation of the Public Hearing Exemption:
General hand Levy (Operations)
Road Improvement Levy
Public Facilities (P/W — .Fire Station)
Certificate of Indebtedness - Fire 'Truck
Tax Abatement Levy — Central Park
PERA Levy — State Increase for PERA rates
HRA (Administration Levy)
Truth -in -Taxation:
2005
2006
Increase
$2,488,357
82,488,357
$ - 0—
S 627,312
5 751,492
5124,180
8 391,477
8 392,737
5 1,260
S 89,600
$ 88,1.00
(8 1,500)
S 30,013
5 29,271
(8 742)
$ 7,500
L%___ 7.t500
5 - 0 -
53,634,259
83,757,457
8123,'19R
8 55,500
8 55,500
8 0 -
53,689,759
$3,812,957
5123,198
Last Years Levy $3,634,259
Times Inflationary Factor 1.050776
Ilearing .Exemption 53,818,792
St. Anthony Levy 83,757,457
(HRA is not part of hearing Exemption Limit Calculation)
m
MINNESOTA- REVENUE
Total Payable
Maximum 2006
2005 final
Levy for TNT
Namc
Certified Levy
Hearing Exemption
SAINT ANTHONY (JT) CITY
3,634,259
3,818,792
SAINT BONIFACIUS CITY OF
784,850
824,702
SAINT LOUIS PARK CITY OF
17,303,138
18,181,722
SIIORFWOOD CITY OF
3,830,656
4,025,161
SPRING PARK CITY' OF
687,636
722,551
TONKA BAY CITY OF
708,104
'744,059
WAYZATA CITY OF
2,817,700
2,960,772.
SCHOOL DISTRICT0270
28,385,998
29,827,325
SCHOOL DISTRICT 0271 (JT)
28,871,.643
30,337,630
SCHOOL DISTRICT 0272
28,222,059
29,655,062
SCHOOL DISTRICT' 0273
23,917,055
25,131,467
SCHOOL DISTRICT 0276 (JT)
26,050,690
27,373,440
SCHOOL DISTRICT 0277
7,253,204
7,621,493
SCHOOL DISTRICT 0278
5,624,905
5,910,515
SCHOOL DISTRICT 0279
49,669,423
52,191,438
SCHOOL DISTRICT 0280
10,736,276
11,281,421
SCHOOL DISTRICT 0281
39,805,060
41,826,202
SCHOOL DISTRICT 0282 (JT)
3,334,784
3,504,111
SCHOOL DISTRICT 0283
17,417,716
18,302,118
SCHOOI, DISTRICT 0284
28,593,101
30,044,944
SCHOOL DISTRICT 0286
2,966,884
3,117,531
SCHOOL DISTRICT 0991
111,099,801
116,741,004
CITY OUST ANTHONY
RESOLUTION No: 05-072
A RESOLUTION SETTING THE CITY OF ST. ANTHONY PR ROSED 2006 TAX LEVY
AND BUDGET N COMPLIANCE WITH THE TRUTH 1N TAXATION ACT
WIBREAS, State Law requires that the City of St. Anthony provide Hennepin
and Ramsey Counties with a proposed certified 2006 tax levy
and budget; and
WHEREAS, the City Council discussed the proposed 2006 budgeting goals at its March. 14,
2005, work session, held a Public Hearing on April 26, 2005 and fiurther discussed
the 2006 budget and levy at its August 1 st, 2005, work session; and
WHEREAS, the furnishing of this proposed tax levy and budget is made contingent upon any
revisions being allowed if the current law is modified; and
WHEREAS, the General Fund levy is the same as the 2005 levy, and the approved levy is less
than Minnesota Department of Revenues requirement to hold a Truth -in -
Taxation public hearing; and
WHEREAS, the City is not required to hold a Truth-in=laxation public hearing, the December
Council meetings will be held at their regularly scheduled date and times.
NOW, "CI IL?REl'ORE, BE IT RESOLVED that:
I) The collectible' 2006 proposed property tax levy is:
General Fund Property Tax Levy $ 2,488,357.00
Road Improvement Levy $ 751,492.01
Certificate of Indebtedness — Fire Truck $ 88,100.00
Lease .Revenue Bonds/Public Facilities $ 392,737.00
Housing & Redevelopment Authority Levy $ 55,500.00
Tax Abatement Levy - Central Park Bonds S 29,271.00
PERA Rate Increase Levy $ 7 500 00
Total 2006 Proposed Tax Levy $3,812,957.01
2) The 2006 General Fund Proposed Budget totals $4,177,500
Adopted this 13Th -day of September, 2005
ATTEST:
City Clerk
Reviewed for Administration:
Mayor
City Manager
IN
CITY OF ST ANTHONY
RESOLUTION No: 05-072
A RESOLUTION SETTINGTHE CITY OF ST. ANTHONY 1'3RCP_OSED 2006 TAX LEVY
AND BUDGETIN COMPLIANCE WI'1'II THE, TRUTH IN TAXATION ACT
WHEREAS, State Law requires that the City of St. Anthony provide Hennepin
and Ramsey Counties with a proposed certified 2006 tax levy
and budget; and
WHEREAS, the City Council discussed the proposed 2006 budgeting goals at its March 14,
2005, work session, held a Public Hearing on April 26, 2005 and further discussed
the 2006 budget and levy at its August Ist, 2005, work session; and
WHEREAS, the furnishing of this proposed tax levy and budget is made contingent upon any
revisions being allowed if the current law is modified; and
WItEREAS, the information required for the City Council to determine a definitive tax levy
will be determined when the City of St. Anthony holds its truth -in -taxation public
hearing on Monday, December 5th, 2005; and if necessary holds its rcconvouno
hearing on Monday, December 191h, 2005;
UOW, T HEREFORE, BE IT RESOLVED that:
1) The collectible 2006 proposed property tax levy is:
General Fund Property Tax Levy
$ 2,488,357.00
Road Improvement Levy
$ 751,492.01
Certificate of Indebtedness — Fire Truck
$ 88,100.00
Lease Revenue Bonds/Public Facilities
$ 392,737.00
Housing & Redevelopment Authority Levy
$ 55,500.00
Tax Abatement Levy - Central Park Bonds
$ 29,271.00
PERA Rate Increase Levy
S--7,500-0-0
Total 2006 Proposed Tax Levy
$3,812,957.01
2) The 2006 General Fund Proposed ,Budget totals $4,177,500
Adopted this-1-3tday of-SSeptember, 2005
ATTEST:
City Clerk
Reviewed for Administration:
Mayor
City ,Manager
911
25
City of St. Anthony
2006 Budget
--$-- --8------- --1-- --,----.- ---1_ _---r----i----I - --0--- y- -
Our Goal is to be a progressive,
livable, walkable Village which is
safe and secure
Budget Calendar - 2006
✓ January 20 & 21 2005 -- Goal Setting, Financial
Strategies and Budgeting.
✓ March 14, 2005 — Budget Work Session/Review 2006
Budgeting Goals.
✓ April 26, 2005 — Public Hearing for Resident Input.
✓ August 1, 2005 — Work Session with Staff & City Council
to Discuss 2006 Proposed Budget.
✓ September 13, 2005 — Resolution Passed Setting Proposed
2006 Budget, Tax Levy and Truth -in -Taxation Dates.
✓ December 5 2005 — Truth -in -Taxation Hearing and
Discussion of 2006 Budget & Property Tax Levy (If
Necessary to Reconvene the Hearing — December 191n).
�` December 19, 2005 — Adopt 2006 Budget & Levy
2006 General Fund
GENERAL FUND REVENUES
Transfers
Misc. 7.5%
Fines 3.1%
2.2%
Contracts
17.9%
Intergov't Tax Levy
Revenue 59.8%
5.1% License &
Permits
4.4%
QDo
26
2
General Fund
Budget/Levy
2005
2006
Dollar
Percentage
Butt
Budget
Increase
Increase
$39969,040
$4,1779500
$208,500
5.25%
2005
2006
Dollar
Percentage
Levy
j evy
Increase
Increase
$2,4889357
$21488,357
$ 0
0%
2006 General Fund
GENERAL FUND REVENUES
Transfers
Misc. 7.5%
Fines 3.1%
2.2%
Contracts
17.9%
Intergov't Tax Levy
Revenue 59.8%
5.1% License &
Permits
4.4%
QDo
26
2
27
St. Anthony - Levies That
Impact Property Taxes
., General Fund
$
- 0 -
Road Improvements (2005 Street Project)
$124,180
Lease Revenue Bonds (Public Facilities)
$
1,260
_= Certificate of Indebtedness (Fire Truck)
($
1,500)
Tax. Abatement (Central Park)
($
742)
h PERA Rate Increase
$
- 0 -
2006 Total Levy Increase
$123,198
Percentage Increase = 3.4%
200+6 General Fund
GENERAL FUND EXPENDITURES
Parks General Gov't Finance &
5.1% 8.6% Insurance
Public Works 5.9%
18.1% Inspections
2.0%
Fire
16.6% Contracts Police
15.2% 28.5%
3
Breakdown of General
Fund
r: No New Staff Positions
r. Status Quo Budget
r Personnel Costs:
Contract Negotiations for Three Unions
Health Insurance up 12%
PERA Increased by State Legislature
r, Motor Fuel Costs are Up.
Inflationary Adjustments for Utilities, General
Supplies, Maintenance and Repairs.
Factors That
Change Property Taxes
a, Local Levy
, Zero Percent in General Fund Levy
3.4% increase in Road Improvement Levy
a: Fiscal Disparities Distribution
r� Limited Market Value -- Phase Out
- Market Value Credit
4
State Changes in
Limited Market Value Credit
r Limited Market Value/Phase out
Limits the amount of taxable value a property
can be increased in one year.
r. Phase Out Extended — 2 Years (2010)
x; Maximum Increase in Taxable Valuation:
• 2005 — 2009 Maximum Taxable Value a Property
can Increase is 15% of Prior Years Value.
• 2010 Taxable Value = Full Value of Property
5
Changes in Fiscal
Disparity Distribution
ww Fiscal Disparities Pool
St. Anthony Receives Money from the Fiscal
Disparities Pool.
• 2005 - $395,820
Commercial Property Values are Becoming
Better Balanced Throughout the Metro Area.
Future Pool Distributions that St. Anthony
Receives Could Be Less than the Current Level.
State Changes in
Limited Market Value Credit
r Limited Market Value/Phase out
Limits the amount of taxable value a property
can be increased in one year.
r. Phase Out Extended — 2 Years (2010)
x; Maximum Increase in Taxable Valuation:
• 2005 — 2009 Maximum Taxable Value a Property
can Increase is 15% of Prior Years Value.
• 2010 Taxable Value = Full Value of Property
5
Reduction in
Market Value Credit
""Market Value Credit
Reduced as Value of Your Home Increases
a` Maximum Credit $304.00
$76,000 Valuation
x When the Credit Decreases/Homeowners
Pay more Out -Of -Pocket Costs.
a� Credit ceases at $413,000
Median Taxable Value
Single Family Home
r Ramsey County (St. Anthony)
2005 - $211,000
2006 - $239,600 or 13.5% Increase
r Hennepin County (St. Anthony)
2005 - $207,500
2006 - $236,400 or 13.9% Increase
G
-5
OORsBy. 31
DORSEY & WHITNEY L..P
MEMORANDUM
TO: Mayor and Members of the City Council
Michael Morrison, City Manager
FROM: Jay R. Lindgren
DATE: September 6, 2005
RE: Salo Park Maintenance and Operation
The Redevelopment Agreement for Silver Lake Village required the development team to
provide certain enhancements to the storm water ponds required for the redevelopment. These
Ponding Site Improvements are identified in the Redevelopment Agreement and the
corresponding Construction Management Agreement. They are currently under construction. In
return, the public is to receive the right to use the improvements in what is now known as Salo
Park.
This public-private partnership requires a method to create the public rights and to allow for
ongoing operation and maintenance. Attached is a draft of an Assignment, Assumption,
Easement, Park Management and Maintenance Agreement ("Agreement") The Agreement
provides that:
0 The City has a right to use the subject property for park purposes.
0 The development team, through Apache Park, LLC, will manage and maintain the
improvements. Reservations for use of facilities will be taken by Apache Park, t_I_C and
City permitting requirements must be met.
0 Specific rules for Salo Park are established in Exhibit B to the Agreement.
0 In exchange for public use of the facilities, the City will, as outlined in the
Redevelopment Agreement, pay the annual maintenance costs of the Ponding Site
Improvements. Apache Park must provide by July 1 of each year an estimate of the
maintenance costs for the following calendar year.
The establishment of specific rules for this park is a departure from normal City procedure. It
does, however, reflect the unique situation where public use is granted to a privately owned
parcel of land. If you concur with these rules and the Agreement, the City Council and the HRA
should each adopt the corresponding resolution.
DORSEY & WHIINEY LLP
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ASSIGNMENT, ASSUMPTION, EASEMENT, PARK MANAGEMENT
AND MAINTENANCE AGREEMENT
THIS ASStGN:MENf, ASSUMPTION, EASEMENT, PARK. MANAGIiiv11,,N'f AND
MAIN"1'13NANC1, AGRI EMENT (the "Agreement") dated as of this _ day of
2005, by and between APACHE PARK, LLC, a Minnesota limited liability company ("Apache
Park"), and THIS HOUSING AND 1Z13D1?Vf;L,OPMI;NT AU'fHORLLY OF HE CITY OF
SAIINT ANTHONY, MINNESOTA, a public body corporate and politic, organized and existing
under the laws of the State of :Minnesota (the "Authority") and the CITY OF SAINT
ANTHONY, Minnesota, a Minnesota statutory city (the "City").
RECITALS:
WHEREAS, Apache Park is the fee simple owncr of certain land located in the City of
St. Anthony, County of Ramsey, Minnesota, legally described as Outlets A and 13, Silver Lake
Village, according to the recorded plat thereof, and Outlet A, Silver Lake Center, according to
the recorded plat thereof, all in Ramsey County, Minnesota (collectively the "Apache Park
Property");
WHEREAS, the City, the Authority and Apache Redevelopment, LLC, a Minnesota
limited liability company ("Apache Redevelopment"), entered into a Redevelopment Agreement
dated December 19, 2003 for the redevelopment of certain real property located in the City of
Saint Anthony, which includes the Apache Park Property;
WHEREAS, pursuant to a certain Assignment and Assumption dated as of December 19,
2003 (the "Assignment") between Apache Redevelopment and St. Anthony Retail Development,
LLC, a Minnesota limited liability company ("St. Anthony Retail"), Apache Redevelopment
assigned to St. Anthony Retail, and St. Anthony Retail acquired from Apache Redevelopment,
certain rights and obligations under the Redevelopment Agreement, including the obligations
concerning construction of the "Ponding Site Improvements" (as defined in the Redevelopment
Agreement);
WHEREAS, pursuant to Section 5.13 of the Redevelopment Agreement and the
Assignment, St. Anthony Retail, as the Commercial Developer (or a subsidiary of the
Commercial Developer who owns the area of the Ponding Site Improvements) is obligated to
M
construct and maintain the Ponding Site Improvements pursuant to the terms of the
Redevelopment Agreement;
WHEREAS, Apache Park, as a subsidiary of St. Anthony Retail and as the current owner
of the Apache Park Property, desires to enter into this Agreement with the Authority and the City
with respect to the assignment and assumption of the construction, maintenance and other
obligations required to be performed pursuant to Sections 5.13 and 5.14 of the Redevelopment
Agreement regarding the Ponding Site Improvements on the Apache Park Property, to more fully
set forth the maintenance and management rights and obligations with respect to such Ponding
Site improvements and to grant an easement to the City over the Apache Park Property for park
purposes.
NOW, T1 HUTORE, in consideration of the mutual covenants and agreements
contained herein, the Authority, the City, St. Anthony Retail and Apache Park agree as follows:
I. St. Anthony Retail hereby assigns to Apache Park, and Apache Park, as the
current owner of the Apache Park Property, hereby assumes from St. Anthony Retail all rights
andobligations of the Commercial Developer under Sections 5.13 and 5.14 of Che
Redevelopment Agreement with respect to construction and maintenance of the Ponding Site
Improvements on the Apache Park Property from and after the date hereof.
2. Apache Parlc hereby grants and conveys to the City, for the City's benefit, a non-
exclusive casement and right to use the Apache Park Property for park purposes (the "Park
Easement"). The Park Lasement hereby granted will be for the benefit of, but not solely to the
City, and the City may grant the right to use the Apache Park Property to the public for park
purposes only in conformity with the terms and conditions of this Agreement.
3. Apache Park agrees to construct the Ponding Site Improvements located on the
Apache Park Property, as depicted on Exhibit S attached to the Redevelopment Agreement and
any separate Construction Management Agreement between Apache Park and the City. The City
and the Authority agree to reimburse Apache Park a portion of the cost of the Ponding Site
Improvements as more fully set forth in Section 5.13 of the Redevelopment Agreement payable
by the City directly to Apache Park. Apache Park agrees to use competitive bidding for purposes
of constructing the Ponding Site Improvements and will bid and separately certify all costs to the
Authority and the City with respect to such. Ponding Site Improvements.
4. Apache Park shall manage and maintain the Ponding Site hnprovements and park
located on the Apache Park Property according to the City's requirements set forth on Exhibit A
attached. ht managing the Apache Pink Property, Apache Park shall enforce the City's rules as
set forth on Bxhibit B attached.
5. Apache Park shall deliver to the City by July 1 of each year an estimate of Apache
Park Property maintenance costs for the following calendar year and without further notice the
City shall pay to Apache Park in monthly installments 1/12°i of such estimate, prorated for any
partial calendar month. If Apache Park does not deliver an estimate of the Apache Park Property
maintenance costs by July of any year, the City shall continue to pay Apache Park Property
2
M
maintenance costs at the rate in effect for the preceding calendar year until such estimate is
delivered. Any over or under payment in monthly installments paid shall be adjusted, in the case
of overpayment, by credit against the installment next coming due, in the case of underpayment,
by payment by the City within thirty (30) days after such estimate is delivered. Apache Park
may at any time compute and deliver to the City a revised estimate of the Apache Park Property
monthly maintenance costs, together with Apache Park's determination of the adjustment to the
City's monthly installments of the Apache Park Property maintenance costs to fully recover the
revised estimate of the Apache Park Property maintenance costs for any calendar year. Without
further notice, the City shall pay to Apache Park monthly installments of the Apache Park
Property maintenance costs in accordance with that adjustment.
Apache Park shall deliver to the City within sixty (60) days after the end of each calendar
year a written statement showing in reasonable dctail the an}oust of the Apache Park Property
maintenance costs for such calendar year and certified to be correct by a responsible
representative of Apache Park If the aggregate Apache Park Property maintenance costs
actually paid by the City to Apache Park for such calendar year differs from the amount of the
Apache Park Property maintenance costs payable for such calendar year, the City shall pay or
Apache Park shall refund or credit against the installment of the Apache Park Property
maintenance costs next coming due the difference, as appropriate, without interest within thirty
(30) days after the date of delivery of the statement.
6. This Agreement may be executed in any number of counterparts, each of which
shall for the purposes be deemed to be an original, and all of which are identical. All such
counterparts together shall constitute one instrument.
7. This Agreement constitutes the entire understanding of the parties hereto with
respect to the obligations contemplated hereby and supercedes all prior agreements and
understandings between the parties with respect: to the subject matter hereof. No representations,
warranties, undertakings or promises, whether oral, implied, written or otherwise, have been
made by either party to the other unless expressly stated in this Agreement, or unless mutually
agreed to in writing between the parties thereto after the date hereof, and neither party has relied.
upon any verbal representations, agreements or understandings not expressly set forth herein.
{'THP? REMAINDER OF THIS PAGE IS INT ENTIONALLY LEFT BLANK.}
3
I
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day
and year first above written.
TPAs' HOUSING AND REDEVELOPMENT
LOPMENN'T
AUTHORITY Oh'I'HE CITY OF SAINT ANTHONY,
MINNESOTA,
By:
13y:
STATE OF MINNESO'T'A )
ss
COUNTY OF RAiMSEY )
Its: Chair/Commissioner
Its: Executive Director
The fore4oin , was acknowledged before me this day of _ 2005,
by and the
Chair/Commissioner and the Executive Director of The housing and Redevelopment Authority
of the City of Saint Anthony, Minnesota, a public body corporate and politic organized and
existing under the laws of the State of Minnesota, on behalf of the public body corporate and
politic.
Notary Public
4
w
CITY OF SAINT ANTITONY
a Minnesota statutory city
By
Its: Mayor
By:
Its: City Manager
STATE OF MTNNI SO'UA )
ss
COUNTY Of RAMSEX )
The forcgoing was acknowledgcd before me this _ day of 2005,
by _ and the Mayor and City Manager of
the City of Saint Anthony, a Mimmcsota statutory city, on behalf' of the city.
Notary Public
M
ST. ANTHONY RETAIL DEVELOPMENT, LLC
a Minnesota limited liability company
By:
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEP1N )
Kelly J. Doran
Chief Manager
The foregoing was acknowledged before me thus day of 2005,
by Kelly J. Doran, the Chief Managcr of St. Anthony Retail Development, LLC, a Minnesota
limited liability company, on behalf of the company.
Notary Public
APACHE PARK, LLC
a Minnesota limited liability company
By:
STATE OF MINNESOTA )
) SS
COUN'T'Y OF
Leonard. W. Pratt
Chief Managcr
The toregoing was acknowledged before me this day of 2005,
by Leonard W. Pratt, the Chief Manager of Apache Parl<, LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
'U31S INSTRUMENT DRAFTED BY:
E
M
M mar /e
PUI3L_IC. UShOI_,APACHE PARK PROPFRTY.AND FACILITIES
S
1. Purpose and Need for Policy
The purpose of providing parks is for the enjoyment of residents. Parks are designed to provide
"traditional" activities such as picnic areas, jogging and walling paths, nature appreciation, etc.
From time to time people will desire to reserve a portion of a park for a private event or will
desire to use parks for activities that may not be classified as traditional or designed use, yet the
activity may not be addressed specifically by City Ordinance. This policy and procedure will
provide the mechanics necessary to authorize or prohibit usage that fits unusual circumstances.
2. Policy
Persons intending to reserve a portion of a park or use parkland for an activity are required to
schedule activities through the City with City approved permits as required by City Ordinance or
procedures.
3. Procedure
A. Request for usage shall be in writing in advance in accordance with City procedures.
13. Written request will fully describe the activity and provide, the name, address, and phone
number of The person responsible for said activity.
C. The City will review the request, using the following criteria:
1) Safety of participants and other park users
2) City liability
3) Other scheduled usage of area
d) Maintenance requirements of activity
5) Need for damage deposit if damage to city property is probable
6) Activity effect on traditional or designed use of park
7) Signage allowed publicizing the activity in the park
D. If the activity is acceptable in a park, the person requesting the usage will receive written
authorization (usage permit) and may be required to make a damage deposit which will
be returned if repair or maintenance is not required.
4. Responsibility
Y
The City receives the usage request and is responsible for authorizing or prohibiting usage, The
City will be responsible for issuing a usage permit or informing the party requesting the permit
that the request has been denied.
SCI113DtJUNG OF PARK AurivITI73S
I. Purpose and Need for Policy
The purpose of this policy is to clarify how Apache Park and the City allocate these facilities.
1. Policy
first priority for using the areas of the Park Property designed for private rental is given to City
sponsored events.
Second priority for using the areas ofthe Park Property designed for private rental is given to
requests from other groups serving the St. Anthony area.
1 Procedure
Requests for use of rcercation areas arc received in writing by the City. first priority needs are
first fulfilled as appropriate. If space remains available, requests from other user groups and tile
general public arc met on a first come, first served basis.
4, Responsibility
The City receives and reviews the usage request and is responsible for authorizing or denying
usage.
9
m
EXHIBIT B
APACHE PARK PROPERTY RULES
1. Park Hours
0 The Parl< should be open from 5:OOam - 10:00pm,
2. Performance Hours
® Event hours should be 7:OOam - 10:00pm,
d Amplified sound prior to 12:00 noon should be by special permit only.
3. Rentals
d The rental area should include the park shelter and amphitheater seating area. The
portion of the park can be sectioned off and still provide park visitors with access to most
of the park amenities.
® Private events and other events not co-sponsored by the City of St. Anthony should be:
4. Fires
Limited to I event per day.
Limited to 4 hours
° Limited to one reservation per month.
i'he fee for park rental is set at $200 for a 4 -hour rental period for residents and $240 for
non-residents. There shall be no fee payable with respect to City co-sponsored events or
events sponsored by other non-profit entities.
No person shall start a fire in any park except in places provided for such purposes, and
charcoal is the only fuel permitted.
5. waste and Rubbish
No person shall leave or throw waste materials, debris or rubbish upon the grounds or
water areas of any park.
6. Offensive Conduct
® No person shall deface, damage or remove any structure, tree, plant, soil, rock or other
property in the park without permission from Apache Park, LLC. Conduct prohibited
shall include but not be limited to:
° Affixing signs, posters, or advertisements to structures or property.
Damaging flowers, trees or plants.
Carrying off rocks or soil.
Knocking down or destroying signs, benches, fences or other property.
10
7. Animals and Birds
M
No person shall intentionally disturb, frighten or kill any birds or animals kept or found in
any park.
8. Swimming, Bathing or Wading
No person shall swim, bathe or wade in any pond, lake or water course except in areas
designated for such purposes.
9. Trespassing
No person shall trespass in any area of any park protected by signs or enclosures giving
notice that use of the area is prohibited.
10. Practice of Sports
No person shall play or practice golf, football, baseball, archery, or any other game or
sport involving danger to the participants or to others except in areas provided for such
activity.
I L Unattended Animals
No dog or other domestic animal shall be allowed to go unattended without physical
restraint in any park.
12. Permits Required
No person shall be permitted to sell any article or service, give any performance or
entertainment, or hold any dance, procession or public assembly without a permit granted
by the City Council.
13. park Facilities
All persons shall obey orders or directions of City staff, the Police or the park employees
of Apache Park, LLC concerning the manner in which park facilities may be used.
14. Alcohol Policy
Alcohol should be allowed in the park, but not glass containers.
No person shall possess or consume any spirituous, vinous, malt or fermented liquors,
including non -intoxicating malt liquor (3.2 beer), in any park at any time, without first
having received a permit granted by the Council, in accordance with the following
procedures and conditions:
Applications will be made in writing, at least two weeks prior to the date for
which the permit is to be issued, by a person 21 years of age or older who is a
resident of the City, or is employed by an employer located within the City.
11
The application will be accompanied by an application fee and clean-up deposit
in the amounts set forth in the City Code.
In granting or denying the permit, the Council will consider the type and size of
the group for which the permit is requested, the extent to which the group
involves City residents and their use of City park facilities, the anticipated effect
upon other users of the park and adjacent residential properties, the likelihood of
damage to park property and any other facts relevant to the health, safety and
general welfare of the residents of the City. The Council reserves the right to
deny any permit or to add conditions to any permit which it grants.
°
The permit will authorize consumption by the applicant and bona fide members
of the applicant's group, as referred to in the application, during specified hours
on a specified date, of the beverages specified in the permit.
'Che permit will not authorize the sale or giving of any alcoholic beverages to any
person other than a bona fide member of the applicant's group: and the same shall
be unlawful.
The applicant will be responsible for the conduct Ot tlIe group and for the clean-
up of any cans, bottles or debris left by the group. The clean-up deposit will be
returned to the applicant only if the City is satisfied that all cans, bottles and
other debris from the activities were properly disposed of or removed.
° Any permit granted under this Section will be subject to immediate suspension or
revocation for any false statement on the application, f'or violation of this or any
other Code provision, or for other cause.
15. Banners and Signs
Signage on tents and display area should be allowed the day of a rental or performance,
and will be controlled through the use permit.
16. Skateboards and In-line Skates:
Skateboards and in-line skates are prohibited from the park.
585323.6
4816-0949-6064\2 9/7/2005 2:54 PM 12
CITY Oh ST. ANTHONY
RESOLUTION NO. 05-073
RESGLUTiON RELATING TO ASSIGNMENT, ASSUMPTION, EASEMENT,
PARK MANAGEMENT AND MAINTENANCE E AGRIEI'.id ENT
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and
Redevelopment Authority (the "Authority") entered into a Redevelopment Agreement, dated
December 19, 2003, regarding an area located in the northwest portion of the City (as amended,
the "Redevelopment Agreement"); and
WI-IERAS, under the terms of the Redevelopment Agreement, certain members of the
development team are responsible for construction of Ponding Site Improvements (as defined in
the Redevelopment. Agreement); and
WHEREAS, in exchange Por public use of the Ponding Site Improvements and other
developer -provided imps ovements, the City and the Authority swish to assume certain financial.
responsibility for ongoing maintenance; and
NVIIERFAS, rules need to be established for public use of the facilities.
NOW, Tl1EMI-TORI , BE IT RESOLVED, by the City of St. Anthony, Minnesota as
fol lows:
That the Mayor and City Manager are authorized to finalize and enter into a.
Assignment, Assumption, Easement, Park Management and Maintenance
Agreement with the Housing and Redevelopment Authority of the City of Saint
Anthony, Minnesota, and Apache Park, LLC.
Adopted this 13"i._ day of September, 2005.
ATTEST:
City Clerk
Mayor
Review for Administration:
City Manager
M
FUTURE COUNCIL. AGENDA ITEMS
Updated September 7, 2005
MeetingMeeting
Date
Type
Staff
Items/Issues
Planning Commission items from September 20 2005
CUP - Snyder Drug Store
September 27
Regular
Manning
Property subdivision - LaNel
Rezone - 3645 Chelmsford
Zoning Ordinance Amendments - Vehicle Sales
_
Zoning Ordinance Amendments - Egress Window Well
City Clerk
Approval Election Judges for General Election
_
November 8, 2005
Public Nearing
Intoxicating Liquor License for
Marketplace restaurant
October 4
Work session
Key Financial Strategy
October 11
Regular
—
- -
---
October 13
Special
3:00 pm
-- - ------ —
Liquor Forurn
October 25
Regular
Planning
Planning Commission items from October 18, 2005
November 8
Regular
8:00 P.M.
Canvass Election Results
November 22
Regular
Planning
Planning Commission items from November 15, 2005
Adoption of Elected Officials Travel Policy
November 29
Special
Joint meeting with School Board
December 5Regular
City Manager Finance Director
Truth In Taxation
December 19
Regular
Planning Commission items from December 13
2005 To Do List
From Goal Settin
Item
Responsible Person
Date
City Council Ordinance
MM
Completed
Plannin Commission Ordinance
MM
Completed
Park Commission Ordinance
MM
Completed
Surve
MM
Completed
Donation Policy
KMS
Completed
_
Electronic Water Meter Reading_JH
Updated on July 26
Code Enforcement Re ort
JM
Completed
1&_ I U date
_
T. Hub_rner
Updated on July 26
Financial Plan on'06 Budyet
MM/RL
Completed
Historical Records
KMS
Completed
Wireless Internet
KMS
Updated on August 'I
Park Commission Communication
Wine In Grocea/Store Hours
s _ -----
ISS/JH
---------- ML
Completed
Monitor
Prinfiin Bids
ML/KMS/BS
----
Monitor
Tour of City Redevelopment
MM
Completed
'Villagefest Funding Ideas
_
RS
Completed
Report from Kathy Knapp _
_
_ MM
Completed
Code Updates
Plannin Commission
_
On -Going
Senior Aging Council _
BTOn-Going
Gateway Monument
JH
Completed
2005 GOALS
Silver Lake Road
City Hall Upgrades
Sidewalk Street/Landscaping Plan
Silver Lake Village Phase II
Report on Value of Services
Monthly Planner
mum r
-
1
2
3
Aug20]2627
Oct2005
S M T w
s b( T W T F S
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1 7, 3
1
7 8 9 10
2 3 4 5 6 7 8
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9 10 It 12 13 14 15
21 22 23 24
16 17 18 19 20 21 22
28 29 30 3123
24 25 26 27 28 29
30 71
4 5 16
- --
8
9
10
LABOR DAY
I
11 12
13 14
15
16
17
7:00 pin
Council Meeting
Last day for
filing for
Genomi
Election
18
19
20
21
22
23
24
7:00 pm
Planning
Commission
Meeting
25
26
27
28
29
30
Silver Lake
7:00 pm Council
Road Task
Meeting
L—
Force Meeting
—
—
----- -------------------- - —
Printed by Calendar Creator for Windows on 9/6/2005
Monthly Planner
SCP 2005 Nov 2000
S VI T w_ T F S S M 'I w T F s
1 2 3 1 2 3�4 5
4 5 6 7 8 9 10 6 7 8 9 10 11 12
II 12 13 14 15 16 17 13 14 15 16 17 IS 19
18 19 20 21 22 23 24 20 21 22 23 24 25 26
25 26 27 28 29 30 27 28 29 30
UVorksession
I
I
9
I
(10
11
12
(13
14
15
COLUMBUS
( 7:00 pin
Li«uor FORIM
DAY
Council Meeting
3:00 PM
16
17
18
19
20
21
22
7:00 pill
Planning
Commission
Meeting
---
23
24
2.5 ---
26
27
28
29
Silver Lake
7:00 pin Council
Road Task
Meeting
Force Meeting
30 -
31--
--- —
Printed by Calendar Greater for Windows on 9/012uub
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Apache Plaza Redevelopment Aug -05
Total Costs Since Inception
Payments Irom eavolo"sr,
Hu!aasl oa�oiormont
Petrdwa Grnn(
Pratt - Ordway
Total E., ... as
Cost to HRA
eahl9ron
Shardlmv
$7,40272
791
$7,002.68
$"515688
$32]6290
.2 so22
$'069304
0,68 io
5,6a5 G6
8 003 09
salla z"
$5,7-3,98
$1,49012
$50016
]7 175
S2 56Z S2
[..
$3.7512,i
... J... 51.503.00. ...
$1.54'1,50
$5,539.16
$9,]90.85
911,66914
d2,359 63
$221.92
$1,7.33.97
$2.129 72
6 387 25
$1,01$: 4'r
S/40.48
S55229
S1, 785.63
523925
$251.11
$ 1 828 926.15
$2 trig. a
$]2
069952
1.000
9
Z10.543 22
$1.428L7 326.5]
$2,395.66
$6960.58
$69595
$77345
51,238.10
5376.00
$130605
SIJ07
$294,98].5.5
9
$72 92043
$120000.00
§903"40_ 2s
S1,096,325.71
$1.172.919.18 0813112005
($76,593 71
L111,s & Associates
$210.00
Si ta)500
5935:53
$455(03
$82.00
5166290
1 91i 73
$
.,920 55
$3
s� 4sc o0
$5.10000
$3;187 50
$
?,47 SO
$5 �74 1'
S2 662.50
$3,]50.00
54717.50
53,653.50
$1. ,06500
$3,90000
33
$5,85000
$6,052..50
55,58]50
$63750
$3,31.2 54
52287 .50
52,13].50
$%2]5
$7,116
156 25
5281625
$836250
$2,318 75
5336000
59000 JO
321.256.25
51,96875
539375
517,940.00
S6.045.00
$8,012.50
$150.00
S4,09550
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$3]5.00
$5,60000
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$10,702.50
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$131.25
$3,900.00
$3]5.00
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$5,356.25
$5703]5
$7.897,50
$4.192.50
$5,265.00
$1,072,50
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$3,412.50
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51,80375
$B77 50
$344,272.11
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$1,091,00
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$106.00
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Shaded Area Represents Before Pratt -Ordway Agreement
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$300.00
$20.00
$240.00
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525,410.00
$903,405.28
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($8,552.75)
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$1.14900
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S570.00
5190.00
$1,425 00
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HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
September 13, 2005
Call to Order.
Roll Call.
I. Approval of September 13, 2005, H.R.A. Agenda.
11. 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 August 23, 2005, H.R.A. Minutes. (p. 1)
B. Claims. (p. 2)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
A. Resolution 05-010; Relating to Assignment, Assumption, Easement, Park Management,
and Maintenance Agreement. (pp. 3-4)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
FACouncil Meetings10913200511-IRA Agendapg#.doc
0
1 CITY OF ST. ANTHONY
2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING
3 AUGUST 23, 2005
4
5 CALL TO ORDER.
6 Chair Faust called the meeting to order at 9:22 p.m.
7
8 ROLL CALL.
9 Commissioners present: Chair Faust; C0umuSSi0Dcrs Gray, Horst, Stifle, and Thuesen.
10 Commissioners absent: None.
11. Also present: Executive Director Michael Mornson and City Attorney Jerome
12 Gilligan.
1.3
14
15 I. APPROVAL OF AUGUST 23, 2005 II.R.A. AGENDA.
16 Motion by Commissioner Horst, seconded by Commissioner Gray, to approve the August 23,
17 2005 Housing and Redevelopment Authority Agenda as presented.
18
19 Motion carried unanimously.
20
21 It. CONSENT AGENDA.
22. Ul.otion by Comrnissioncr Stifle, seconded by Conunissioner Thuesen, to approve the Consent
23 Agenda, which consisted of:
24 A 13; 1Z A, Mectnity Minutes of July 2f , 2005;_ and.
25 B. Claims.
26
27 Motion carried unanimously.
2.8
29 III. GENERAL POLICE' BUSINESS OF'IDE H.R.A.
30 None.
31
32 IV. STAFF REPORTS.
33 None.
34
35 V. H.R.A. COMMISSIONER COMMENTS.
36 None,
37
38 VI. INFORMATION AND AN'NOUN'CEMENTS.
39 None.
40
41 VII. ADJOURNMENT.
42 Chair Faust adjourned the meeting at 9:23 p.m.
43
44 Motion carried unanitnously.
45 Respectfully submitted,
46 Chris Molcsnes
47 TimeSaver Off Site Secretarial, Inc.
48
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OORSEY
DORSEY & WHIINEY LLP
TMENOT9.11RIM
TO: Mayor and Members of the City Council
Michael Morrison, City Manager
FROM: Jay R. Lindgren
DATE: September 6, 2005
RE: Salo Park Maintenance and Operation
The Redevelopment Agreement for Silver Lake Village required the development team to
provide certain enhancements to the storm water ponds required for the redevelopment. 1 -hese
Ponding Site Improvements are identified in the Redevelopment Agreement and the
corresponding Construction Management Agreement. They are currently under construction. In
return, the public is to receive the right to use the improvements in what is now known as Salo
Pan<.
rhis pr.rblic-private partnership requires a method to create the public rights and to allow for
ongoing operation and rnairite nance. Attached is a draft of an Assignment, Assumption,
Easement, Park Management and Maintenance Agreement ("Agreement") The Agreement
provides that:
0 The City has a right to use the subject property for park purposes.
0 The development team, through Apache Park, LLC, will manage and maintain the
improvements. Reservations for use of facilities will be taken by Apache Park, LLC and
City permitting requirements must be met.
® Specific rules for Salo Park are established in Exhibit B to the Agreement.
® In exchange for public use of the facilities, the City will, as outlined in the
Redevelopment Agreement, pay the annual maintenance costs of the Ponding Site
Improvements. Apache Park must provide by July 1 of each year an estimate of the
maintenance costs for the following calendar year.
The establishment of specific rules for this park is a departure from normal City procedure. It
does, however, reflect the unique situation where public use is granted to a privately owned
parcel of land. If you concur with these rules and the Agreement, the City Council and the HRA
should each adopt the corresponding resolution.
DORSEY 8 WHI I'NEY 'u,
HOUSING ANIS REI1I±'VEL®PMENT AUTHORITY
OF THE
CITY OF ST. AN'ITIOIVY
1,2Esoll,uTION NO. 05-010
RESOLUTION RELATING TO ASSIGNMENT, ASSUMPTION, EASEMENT,
PARK MANAGT:il ENT AND MAINTENANCE+ AGRETEML,NT
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and
Redevelopment Authority (the "Authority") entered into a Redevelopment Agreement, dated
December 19, 2003, regarding an area located in the northwest portion of the City (as amended,
the "Redevelopment Agreement"); and
WHEREAS, under the terms of the Redevelopment Agreement, certain members of the
development team are responsible for construction of Ponding Site Improvements (as defined in
the Redcveloprnent Agreement); and
W(IEItUAS, in exchange for public use of the Ponding Site Improvements and other
developer -provided improvements, the City and the Authority wish to assume certain financial
responsibility for ongoing maintenance; and
WIIEI:EAS, rules need to be established for public use of the facilities.
NOW, 1 IIEREEORE, Bl. IT RESOLVED, by the housing and Redevelopment
Authority of the City of St. Anthony, Minnesota as follows:
That the Chair and Executive Director are authorized to finalize and enter into a
Assignment, Assumption, Easement, 'Park Management and Maintenance
Agreement with the City of Saint Anthony, Minnesota, and Apache Park, 'LLC.
Adopted this 13"i. day of September, 2005.
Chair
Executive Director