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HomeMy WebLinkAboutCC PACKET 05232006H.R.A. Meeting immediately Following council meeting Nal I 11�;; 'U'Vew Our Mission is to be progressive and livable community, a walkable village, which is safe and secure. I May 23, 200 7: 00 pm I Call to Order, Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possib le Action ® A 11 of the followi items: I. Approval of the May 23, 2006, City Council Meet ing Agenda. (action requested.) Proclamations and Recognitions. A. Recognizing Mrs. Wyatt"s Third Grade Class at Wilshire Park Elementary for participating in the junior Achievement Program. Mike Mornson, discussing program, Mayor Faust presenting certificates. (p.1-3) Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of May 9,. 2006, Council Meeting Minutes. (p. 4-14) B. Licenses and Permits. (p. 15) C. Claims. (p. 16-17) D. Resolution 06-052; Authorizing the use of the Automark Ballot Marking Device in all elections for Ramsey County. (p. 18-19) IV. Public Hearings. V. Reports from Commission and Staff. A. Resolution 06-053; Approving a Conditional Use Permit for 2922 Pentagon Drive for a Body Tanning Salon. Heath Galyon, Planning Commission member, presenting. (p. 20- 47) B. Silver Lake Road/37th Avenue. Tony Heppelmann, WSB presenting. (p. 48-68) C. Ordinance 06-002; 400.14 Prohibited Discharges into Sanitary Sewer System. Todd Hubmer, WSB presenting. (1St Reading) (p. 69-73) D. Request from Developer to extend the Deadline for the Development Agreement between the City of St. Anthony and Amcon. (Motion only) (p. 74-88) E. Resolution 06-054; Acknowledging Gambling Activity by the Lions Club of Northeast Minneapolis at the Village Pub located at 2714 Highway 88. (p. 89-94) F. Resolution 06-055; Approving the Audit for the City of St. Anthony for the year ended December 31, 2005. (see additional booklets) (p. 95-107) F:\Council Meetings\2006\05232006\agendapg#.doc V'UNIOR ACHIEVEMENT FACT SHEET 2005-2006 JA Purpose: To educate and inspire young people to value free enterprise, business, and economics to improve the quality of their lives. JA Mission: To ensure that every child has a fundamental understanding of the free enterprise system. Whatis Junior Achievement'? A is the world's largest organization dedicated to educating young people about business, economics, and free enterprise. JA programs are taught by volunteers in -class and after- school at locations throughout the United States and in nearly 100 countries. A Brief History,-, Junior Achievement was founded in 1919 by Theodore Vail, President of American Telephone & Telegraph; Horace Moses, President of Strathmore Paper Co.; and Senator Murray Crane of Massachusetts. Its first program, JA Company Program, was offered to high school students on an after- school basis. In 1975, the organization entered the classroom with the introduction of Project Business for the middle grades. Since that time, JA has expanded its activities and broadened its scope to become the leader of in -school and after-school economic education programs for students ingrades K-12. Program Reach: Through offices around the nation and in nearly 100 countries Junior Achievement Worldwide reaches 6.6 million students each year. Programs: JA programs are available for grades K-12 and are delivered by trained volunteers. The volunteers are provided with age-appropriate curricula and specially designed guides that help them introduce the new topics. Elementary students learn about their roles as individuals, workers, and consumers while middlegrade and high school students explore key local and global economic and workforce issues. About the Volunteers: JA's 178,000 classroom volunteers come from all walks of life and include business people, college students, retirees, teachers, parents and even some high school students. These dedicated individuals are the backbone of our organization. Proven Success: JA is one of a few national non -profits to use independent, third party evaluators to gauge the impact of its programs. Since 1993, the Worldwide Institute for Research and Evaluation (WIRE) has conducted studies on JA's impact. Findings prove that JA has a positive impact in a number of critical areas. WIRE results are available, for free, upon request. Summaries of WIRE findings are also published in the JA Programs section of www.ia.orq. Junior Achievement of the Upper Midwest, (JAUK JAUM serves students in Minnesota, North Dakota and western Wisconsin and has had a presence in this region since 1949. With the help of 1 000's of local volunteers, programs such as in -classroom, Exchange City, and Job Shadow were implemented in schools to help reach 117,000 students in the 04-05 school year. ll!�: ,• i. ��- Ourselves — Kindergarten — Students are introduced to basic personal economic issues and the roles individuals play as workers, consumers, and family members. Our Families — Grade 1 — Students learn about the role of families in the local economy, the jobs they have, and their economic needs and wants. Our Community — Grade 2 — Students take part in activities that demonstrate the responsibilities of and opportunities available to citizens in their economic community. Our City— Grade 3 — Students conduct business operations, make city -planning decisions, and examine economic d 6V til n Our Region -- Grade 4 — Students learn about state economies, the economic resources of regions, and decisions Iusinesses uying and selling resources. Our Nation — Grade 5 — Students participate in activities that enhance their understanding of how a business operates within the U.S. economy, including management marketing, production, and sales presentations. JA Dollars and $ense — After school program for grades 3rd —5 th — In an after school setting students learn financial and business skills through innovative activities and games that focus on earning, spending, and saving money. .Capstone ProgLam Exchange City— Students operate a replica of a real city and learn first-hand how to become productive community citizens, consumers and workers in our free enterprise system. (The program is designed for students in 5th through 8th grade.) Middle Grades Program Personal Economics — Helps students assess personal skills and interests, explore career options, learn job -hunting skills and discover the value of an education. They also learn about budgets, personal and family financial management, and the use and abuse of credit. JA Enterprise in Action — Teaches students the principal characteristics of the American economic system and the role of business. Students learn the steps in organizing a business and producing and marketing a product. They also study the social responsibilities of business and the role of government in the U.S. economy. JA Global Marketplace — Provides practical information about the global economy and its effect on students' lives. The program illustrates how countries' resources affect their cultures, governments, and economy. It also examines the benefits of international trade key global economic issues. JA Economics for Success — Provides practical information about personal finance and the importance of identifying education and career goals based on a student's skills, interest, and values. 11 =181• t� JA Economics — Economics is a one -semester course for 1 oth through 12th grades in which students relate economic concepts and business principles to real life situations. The class may run a Student Company and take part in computer-based simulations in which students operate companies in a highly technological industry and apply economic policies to guide the national economy. JA Company Program — Students operate their own company as part of a school-based organization, club, or classroom enterprise or as an after-school activity. During a semester or over 15 weeks, they sell stock to raise capital, elect officers/management teams, buy materials, market a product or service, pay a dividend to stockholders, and liquidate their company. JA Success Skills — Focuses on developing students' interpersonal effectiveness. Through an assessment, students identify the strengths and unique potentials of their interpersonal skills, and examine how their skills match careers of interest to them, develop resumes., and practice their skills in mock job interviews. JA Personal Finance — Students learn to make informed decisions about the effective use of income to reach personal financial goals. This program is a unique online curriculum, which integrates a variety of Internet -based activities with the financial concepts that are necessary for student success. JA Titan — This is a web -based business simulation where students learn how to make decisions about price, production, capital investment, marketing and research, and development for a fictional Holo -Generator TIM pame First Name m Annika 8ihi Jazmin Boo Michal Buie Ma Callen Grace Glass Maximillian Gulachek Nicholas - Hankner Maxwell Huss Gabriel Johnson Michael Lasser Steven Lawson Nicholas Lund Ketura-h Mathews Tobias Matzoll Amber ' Nelson Sara Nuese Brendon O'Neill Serena Pawl sh in Madison Roemer Madison Smith Isaac Sobik Sean Steen Nicholas Vezies Michael , Wetter ren Emil Wi ins Bennett Wolf Jacob zosei B ri i tta 9/12/05 City Council Regular Meeting Minutes May 9, 2006 Page 2 2 V. REPORTS FROM COMMISSION AND STAFF. 3 A. Presentation of Cable Commission, CTV and Impact of Federal Legislation. 4 5 Mayor Faust welcomed Coralee Wilson, CTV, to the meeting. 6 7 Coralee Wilson, CTV, stated she appreciates the opportunity to address the City Council and 8 referenced the background information she had provided to the Council about CTV and the 9 North Suburban Communications Commission (NSCC). 10 11 Ms. Wilson explained that CTV is not the "cable company." St. Anthony is a member of two 12 organizations, the NSCC and North Suburban Access Corporation (NSAC). The NSCC was 13 organized first and when the franchise was awarded, then took over the responsibility to 14 overlook and administer the service. The NSAC was created by the NSCC to oversee and 15 administer public access for the ten cities. The NSAC is a nonprofit 501 C3 corporation. HLOA 17 Ms. Wilson explained that when the franchise was originally awarded, the NSCC was 18 responsible for public access, including training. Most cable companies did not do a great job at 19 that because they only offered it to get the franchise. Once it was awarded, it was not a profit 20 center for them and they did not really care if it did or did not succeed. When Gus Hauser bought 21 the company from Group W, he said CTV should to it instead so a transfer of management was 22 negotiated for public access and it came under NSAC. Ms. Wilson explained her job, when 23 hired, was to get the NSAC up and running and it was decided to use the name CTV because 24 public access in Minnesota is most times considered where you put your boat into the water. 25 26 Ms. Wilson advised there are significant differences in the two organizations. The primary 27 difference is funding. The NSCC is funded by the City's franchise fees and has a budget to 28 determine what the City will contribute to the budget. That contribution is based on a percentage 29 of the total franchise fees of the ten cities. The NSAC is funded by a grant from the cable 30 company and an annual equipment grant. The grant represents the negotiated value of the 31 company's original public access commitments in the cable franchise. She noted the budgets for 32 both have been provided in the informational packet. Ms. Wilson pointed out that the larger 33 budget is in the NSAC because that is where the bulk of the staff and equipment exists. The 34 NSCC has only three half-time positions and is responsible for franchise administration. 35 36 Ms. Wilson explained there is not a lot of rate regulation but they do have authority to regulate 37 the lowest tier of program service, like off broadcast channels, and rates for equipment and 38 installation. That is done to ensure the cable company completes rate request forms required by 39 the FCC. In 2005, they looked at cable company rates and equipment and installation rates and 40 determined they overcharged in 2004 and 2005. As a result, in March subscribers received a 41 $2.89 rebate from Comcast. 42 43 Ms. Wilson stated they also track State and Federal regulation and oversee the institutional 44 network, which is a separate cable network that links all of the public sector organizations in the 45 ten cities (school district, county, universities). She explained that at this point fiber links the 46 cities but this past year an agreement was worked out with Ramsey County to allow them to use 47 St. Paul fiber and their fiber to connect the County's St. Paul and Arden Hills facilities. They A City Council Regular Meeting Minutes May 9, 2006 Page 3 also worked with St. Paul to develop a common agreement to make it easer to administer the agreement. They are now making money on the institutional network. 1 .4 Ms. Wilson announced that it is the 15th < anniversary of CTV as the documents were signed L i 5 years ago in April to transfer the equipment and management to the NSCC- Since then, they 6 have grown and been a value to the community. Ms. Wilson advised of the current number of 7 producers, volunteers, and programs broadcast, which included election coverage, parades and 8 festivals, local and high school sports, concerts, and other programming. In addition, they have 9 retooled and launched web streaming and are pleased with the results. It is their goals to do 10 another web streaming upgrade over the summer and unveil Version 2 in September or October 11 of this year. 12 13 Ms. Wilson stated they will look at a proposal from an engineering firm to do a strategic plan for 14 the institutional network that is heavily used by communities and universities. She explained the 15 need to assure they can keep up with those needs, which does not necessarily mean the entire 16 network will be rebuilt at one time but goals will be established. Their goal is to get more fiber 17 into the network because many school districts still have coaxial cable in their network. 18 19 Ms. Wilson explained that the NSAC and CTV are also trying to keep up with the evolution of 20 society and will be tapeless by the end of this year. They will eliminate the use of VHS and Beta 21 tape and go with M2 and digital transfers playing from the server. Beyond that they will look at 22 what it means to become a community media center. Ms. Wilson stated many people are into 23 blogging, pod comcasting, and vloging and CTV wants to be relevant to the younger generation 24 to keep them involved and transmit programming in ways they understand and will be 25 accessible. 26 27 Ms. Wilson advised there was some minor State legislation but it did not pass and it does not 28 look like it will go anywhere. Next year, it is expected that Qwest will be back with a bill to 29 transfer all cable franchising and video franchising to the State level. She explained that Verison 30 and ATT have been successful in many States in getting that move approved. Ms. Wilson stated 31 they will be tracking that legislation and probably opposing that attempt. She explained they 32 have seen attempts by Verison and ATT to get cities out of the way because they have decided 33 cities are obstacles and they do not want to have to provide community television. Ms. Wilson 34 advised of the bill's progress through the House and Senate that would create a national 35 franchise, eliminating the local franchise. She also advised of the pro -posed process to obtain a 36 national franchise, explaining that due to the requirement for a 30 day consideration, the FCC 37 will not have time to look at financial, technical or legal qualifications. In addition, as soon as a 38 company applies for a national franchise and is serving one, then the incumbent provider can 39 make application. This means that LTV's income will go from just over a million dollars to 40 about $218,000. Ms. Wilson stated on that income the CTV could continue to exist in some 41 fashion but it would not be in the fashion it is today and wouldn't be able to provide election or 42 community event coverage, or mobile production trucks. It would be a drastic cut. 43 44 Ms. Wilson stated that even though the bills says the city can manage the right-of-way and 45 enforce regulations over right-of-way, any appeals by a national franchise holder would go to the 46 FCC and not the local community. Also, there is no requirement for a national franchise holder 47 to build out the entire community so they can pick and chose their location, looking for high City Council Regular Meeting Minutes May 9, 2006 Page 4 1 value customers. That bill has passed out of both the subcommittee and committee and it looked 2 like it would go to the floor of the House. However, it has been held up because Representative 3 Sensenbrenner has asked for jurisdiction of the bill. Now House leadership is considering what 4 to do with that request.. Ms. Wilson asked the-Councilmembers to contact the Minnesota 5 delegation as soon as possible to express concerns about this bill. 6 7 Ms. Wilson stated it had been hoped that the Senate bill would be an improvement and involve a 8 bipartisan approach. Instead Senator Stevens came out with bill on May I" and it is worse than 9 Senator Barton's bill. In the Stevens' bill, franchises are still awarded by a city but still only 10 have to provide its name and contact information and if the City does not approve in 30 days, it 11 would take effect. Again, the city is not permitted to evaluate the legal, technical, and financial 12 qualifications for operating a franchise in its city. Unlike the Barton bill that says the new entry 13 has to serve at least one subscriber before the incumbent can get rid of their franchise, the 14 Stevens' bill indicates all they have to do is make application. Funding would be I% but 15 explicitly allows the video provider to deduct from that their cost for operating the institutional 16 network, which may leave nothing. ®r if their costs exceed the I%, they can bill the cities for 17 that cost. With these bills., the rights-of-way appeals again go to the FCC and if they rule against 18 the city and decide the city has been abusive in exercising their power, the FCC can order the 19 city to pay the provider who brought the appeal their attorney fees and all the costs of the 20 Commission's appeal. Again, there is no build out requirement so they can pick and choose 21 where they want to build the system. 22 23 Ms. Wilson advised that hearings on the Senate bill are scheduled for May 18 and 25. She stated 24 it is critical that the City contact Senator Dayton and Senator Coleman and say it is not 25 acceptable, unless the City wants to give up authority of its public rights-of-way. She 26 recommended the City make contact via calls or e-mails instead of mailing a letter. She offered 27 to answer questions and stated she can provide more information, if desired. 28 29 Mayor Faust thanked Ms. Wilson for this presentation, noting the Council has also received 30 information from the League of Minnesota Cities. He stated it is good to broadcast this 31 information tonight to alert customers hearing the broadcast to be aware that service may be lost. 32 33 Ms. Wilson concurred and urged viewers to also call their elected officials. 34 35 Mayor Faust noted that Councilmember Gray is the City's representative to the Cable 36 Commission and stated he appreciate Mr. Gray's work on the City's behalf. He asked if the 37 City's school district does not have fiber. Ms. Wilson stated they only have three schools and 38 installed their own fiber between the schools. She stated she thinks they are also linked to the 39 fiber from the City all. 40 41 Mayor Faust advised that he was asked several weeks ago by some young girls who selects the 42 radio channel and music to be played on the City's channel when not broadcasting. Ms. Wilson 43 explained it is probably selected by Ruth Mason or Kim Moore -Sykes, but it is the City's 44 prerogative. However, she would suggest that the City not select a commercial radio station due 45 to copyright issues and the commercials that are broadcast. She explained that St. Anthony uses 46 a digital cable box and can run music from a music service that offers a wide variety of music 47 types. h City Council Regular Meeting Minutes May 9, 2006 Page 5 2 Mayor Faust noted that the City has a relationship with Salo, Finland, and invited CTV to attend 3 the June 8, 2006, Salo Park dedication at 5 p.m. so the ceremony can be taped for later broadcast. .4 Ms. Wilson stated they will be in attendance. 5 6 Mayor Faust stated the City appreciates the work of CTV and what they bring to the residents 7 and the Council supports CTV in those efforts. 8 9 Councilmember Thuesen asked if the National League of Cities has been involved with 10 lobbying. Ms. Wilson stated they have and are part of a coalition with five to six other 11 organizations. However, they have been a bit hampered because legal affairs staff is depleted. 12 But, as an organization, they have been active and sent out action alerts. Ms. Wilson stated she 13 does forward those action alerts to City staff. 14 15 Mayor Faust advised that you can sign onto the League of Minnesota Cities website and sign 16 their list server to receive updates on these issues. He again thanked Ms. Wilson for her 17 attendance and information provided. 18 19 VI. GENERAL POLICY BUSINESS OF THE COUNCIL. 20 A. Consider Resolution 06-048; Adopting the Tax Increment Po 21 22 Mr. Mornson reviewed the resolution with the Council and indicated that it will approve a Tax 23 Increment Policy tailored after what was done on the Silver Lake Village project. He suggested 24 the draft resolution be introduce tonight, the Council discuss the policy and offer suggestions, 25 then table the resolution and bring it back for approval at the next meeting. 26 27 Mr. Mornson advised that the policy has three objectives that a project has to meet to be 28 considered for Tax Increment Financing (TIF): 1) long-term benefit to the community; 2) quality 29 employment opportunities; and 3) significantly adds to the City's tax base by providing high 30 quality benefits. He explained that the application for TIF assistance must be accompanied with 31 a signed development application and payment of a $3,000 non-refundable fee, which will cover 32 the City's costs to review the application. Then, to obtain a predevelopment agreement, the 33 applicant will need to pay a $10,000 escrow payment to help cover City fees to determine if the 34 applicant meets the policy tests. 35 36 Mr. Mornson suggested adding statements for a "look back" provision as the City had with 37 Silver Lake Village to allow the City to look back at the developer's finances and that the 38 developer must demonstrate experience in doing this development. The Policy will also indicate 39 that TIF will be pay-as-you-go only. He noted that even though the City is issuing bonds, they 40 are not issued until the project is fully developed so there is no risk to the City. The Policy will 41 require pursuit of all third party grants. 42 43 Mr. Mornson drew the Council's attention to pages 9 and 10 of the application, that addresses the 44 projected number of jobs created and wage categories. He noted that St. Anthony has never 45 provided TIF for job creation or wages because, as a first ring suburb, the City needs to remove 46 blight. He recommended that instead of listing job creation and wages, to list the number of low, 47 medium and high range jobs. City Council Regular Meeting Minutes May 9, 2006 Page 6 2 Mayor Faust stated his preference to take it one step farther and list pay ranges and dollars 3 instead of just listing the number of jobs in each of those ranges. He noted the City already has 4 the policy of pay-as-you-go so he is glad that it will be written into the policy. He also supports 5 the reference to fiscal disparities staying within the TIF district because the Council has made a 6 basic commitment to the public to assure it is a self-sustaining operation. Mayor Faust stated he 7 also noticed the "but for" reference on page 4 and suggested the "but for" language be amplified 8 as it is indicated in the purpose section of State Statute. He explained he is making that 9 suggestion for amplified language because future Councils may not understand that total 10 concept. 11 12 Councilmember Gray asked if there has not been a previous policy. Mr. Mornson stated that is 13 correct and he has found that many other cities also do not have a TIF policy because of the 14 restrictions in the Statutes. Mr. Mornson noted this is a general policy and will assure all are 15 treated the same. In addition, the City gets a lot of "fly-by-night" developers that end up wasting 16 staff s time to determine if they can get TIF. 17 18 Councilmember Thuesen asked if this policy is more internal or if there is pressure from the 19 State to keep cities accountable. Mr. Mornson explained that the Mayor attended a TIF seminar 20 where one of the Ehlers & Associate speakers said if the City does not have a TIF policy, it 21 should. 22 23 Mayor Faust pointed out that this policy lays out all the issues so everyone knows they are being 24 treated the same and it will free staff time in not having to answer these questions. 25 26 Councilmember Thuesen stated he hopes it will also result in the more serious developers 27 proceeding. 28 29 Councilmember Stille stated that TIF is something the City does not want to hand out to 30 everyone and asked if findings are needed should the Council desire to deny an application. Mr. 31 Mornson stated it is his opinion that the City has a lot of flexibility if they want to approve or 32 deny the application. He noted that before a TIF application is submitted to the Council, staff 33 and financial consultants will eliminate many of the applications. So, by the time it gets to the 34 Council, it has staffs "blessing." 35 36 Councilmember Stille stated he wants to assure the Council has the flexibility needed to approve 37 the projects they determine are the best for the City. Mr. Mornson stated the Council does have 38 that flexibility with this TIF policy. Mayor Faust suggested staff obtain a legal opinion on that 39 issue which can be included in the TIF policy. 40 41 Mayor Faust noted this TIF policy is patterned after the Silver Lake Village project, which is one 42 of the better development agreements that the City has used. Mr. Mornson stated that is correct 43 and advised that other cities are calling to learn how St. Anthony structured such a good deal to 44 assure the project was completed and TIF use. He explained that the development agreement is a 45 key component to spell out those issues. 46 City Council Regular Meeting Minutes May 9, 2006 Page 7 1 Mayor Faust stated that consideration of Resolution 06-0485 Adopting the Tax Increment Policy, 2 will be tabled to the May 23, 2006 Council meeting. He encouraged Councilmembers to inform 3 staff of changes they would like made to the TIF policy prior to that meeting date. 4 5 B. Consider Ordinance 06-001, Housekeeping of City Ordinances (1St reading 6 7 Mr. Mornson presented the ordinance and explained that that it addresses housekeeping issues. 8 He recommended this action be taken in one motion, to waive the first and second readings, 9 approve the third reading, and move directly to adoption. Mr. Mornson presented the wording 10 changes as follows: 11 12 Chapter 3 — Personnel: The term "personal leave" was changed to "personal time off (PTO)" as 13 suggested by the City's Auditor. In Section 300.19, fifth sentence, the word "requested" was 14 changed to "request." 15 16 Chapter 6 — Fees: The fee for duplicate dog tags will consistently be listed at $5.00. The 17 wording "per unit" will be added after the fee to help clarify for City staff. Charges and 18 Assessments, Section 620.03 and 620.04, the due date will be changed to "November 15," which 19 will allow residents an extended opportunity to pay their assessment directly to the City. 20 21 Chapter 13 — Building, Housing, Construction and Signs: Section 1315.01, Definition, the word 22 "basing" was changed to "bathing." 23 24 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to waive the first and 25 second readings, approve third reading, and adopt Ordinance 06-001, Housekeeping of City 26 Ordinances. 27 28 oti® carried unanimousl 29 30 C. Consider Resolution 06-049, Supporting NE Diagonal Trail Plan with No Financial 31 Responsibility to the City of St. AnthopL. 32 33 Mr. Mornson reviewed the resolution with the Council and indicated that this was directed at the 34 last Council meeting to indicate the City supports the Northeast Diagonal Trail but will not 35 support it financially. 36 37 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Resolution 06- 38 049, Supporting NE Diagonal Trail Plan with No Financial Responsibility to the City of St. 39 Anthony. 40 41 Motion carried unanimously® 42 43 D. Consider Resolution 06-050, Sup -porting the Installation of the Stone Sculpture at Salo 44 Park in the City of St. Anthony_ 45 46 Mr. Mornson reviewed the resolution with the Council and indicated that it supports the 47 installation of the stone sculpture at Salo Park. He explained that Councilmember Horst has flK City Council Regular Meeting Minutes May 9, 2006 Page 8 1 been working on this matter and indicated that St. Paul Public Art is requesting a resolution 2 stating the City supports the installation. 3 4 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 06- 5 050, Supporting the Installation of the Stone Sculpture at Salo Park in the City of St. Anthony. 6 7 i® carried uhanimous 8 9 E. Consider Resolution 06-051, Dedication of Salo Park 10 11 Mayor Faust stated he initiated this resolution, noting the dedication of Salo Park will be held on 12 June 8, 2006, at 5 p.m. at Silver Lake Village. Mayor Faust read the resolution in fall. 13 14 Motion by Mayor Faust, seconded by Councilmember Stille, to adopt Resolution 06-051, 15 Recognizing the Dedication of Salo Park in recognition of the Sister City relationship between 16 Salo, Finland and St. Anthony, Minnesota. 17 18 Motion carried unanimous 19 20 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 21 City Manager Mornson reported the following: 22 0 Upcoming Vital Aging Council meeting and presentations by the Police Chief and Fire 23 Chief. 24 0 MnDOT has a new grant program for sidewalk construction that provides a safe school 25 zone to transport students. Staff will make application and request a resolution of support 26 from the school district. He noted that the Higherest sidewalk is on the agenda for next 27 year construction and a workshop will be held tomorrow on that project. Since this 28 sidewalk divides Roseville and St. Anthony, it may be possible to do something more 29 with that project. 30 0 It is anticipated that the e-mail subscriber list for the Police Department will be ready by 31 June 1, 2006. Subscribers will be sent crime alerts. 32 0 Lauderdale is not interested in ajoint purchase of a speed cart and Falcon Heights has 33 indicated they will buy their own. St. Anthony will probably budget for a speed cart, 34 which is estimated to cost $4,000. 35 0 Cable Telecaster Ruth Olson has given notice that she will be leaving shortly once a 36 replacement is found. Arden Hills and Little Canada have also lost their telecaster so the 37 Cable Commission may hire someone to do this work at the three cities and then bill the 38 city for the hours used. Mr. Mornson stated an article regarding this opening will be 39 placed in the newsletter. 40 Mr. Mornson advised of the items that will be on the May 23, 2006 Council meeting 41 agenda, noting it will be a full agenda. 42 43 Councilmember Thuesen asked whether the speed cart will provide the City with downloadable 44 information. Mr. Mornson stated he does not know and will ask Police Chief Ohl. He noted the 45 old speed cart did provide that type of information. Mayor Faust agreed that the City would like 46 that data. 47 City Council Regular Meeting.Minutes May 9, 2006 Page 9 1 Mayor Faust asked whether the Higherest sidewalk is eligible for the new NINDOT sidewalk 2 grant. Mr. Mornson answered in the affirmative and explained that it is a State road but that is 3 not a requirement of the NINDOT grant. However, the sidewalk has to be available to get 4 children to school. 5 6 Councilmember Stille stated he enjoyed working on clean up day and visiting with residents. 7 8 Councilmember Stille stated he attended the first meeting of the Comprehensive Plan Task Force 9 on May 8, 2006 and explained this was the first of five meetings. He stated he is looking 10 forward to that process. 11 12 Councilmember Gray stated that last Wednesday he attended the Northwest Youth and Family 13 Services Leadership luncheon, a fundraising event, and believe it was very successful. He 14 thanked Mayor Faust, Councilmember Thuesen, City Manager Mornson, Parks Director 15 Hartman, and Assistant City Manager Moore -Sykes for their support in attending that function. 16 17 Councilmember Gray stated he received an e-mail from Steve Peterson, President of the 18 Northeast Lions Club, who will be before the Council to apply for a gambling license for the 19 Village Pub. He explained they have agreed to a lease with Village Pub and that application will 20 be discussed at the May 23, 2006 Council meeting. 21 22 Councilmember Thuesen referenced the Vital Aging Council agenda and stated that at a future 23 meeting he would like a representative from Vital Aging to present the findings of their recent 24 survey. 25 26 Councilmember Thuesen stated he enjoyed the Northwest Youth and Family Services 27 Leadership luncheon, which included an excellent speaker. He noted this group does many good 28 things for the community. 29 30 Councilmember Thuesen stated he attended the Comprehensive Plan Task Force meeting. He 31 stated he believes this is an important process that will create a document that is not put on the 32 shelf but is intended to be used a guide for the next ten years in how the City will develop, its 33 philosophies, and many other issues. He encouraged residents to provide their thoughts to the 34 Council or other members on the Task Force on how they see St. Anthony in the next ten years. 35 36 Mayor Faust reported on the Mayor's Association meeting held April 28 and 29 in Austin, 37 Minnesota where the theme was emergency operations. He advised that many of the mayors 38 have gone through serious travesties and it was interesting to hear what they had to say. Mayor 39 Faust commented that based on the City's table top exercise, he thinks St. Anthony is in better 40 shape now than before should something occur. 41 42 Mayor Faust commented that it is interesting when you go into a community like Austin that has 43 a strong identity with a business, which in their case is Spam. 44 45 Mayor Faust stated he also attended the Northwest Youth and Family Services Leadership 46 luncheon and least anyone think it was a free meal, it was not, it was a fund raiser. He stated that flK City Council Regular Meeting Minutes May 9, 2006 Page 10 Art Rolnick, Vice President of the Federal Reserve Bank, was the speaker and made a 2 compelling argument for investment in education and how it pays back, even starting at prenatal. 3 4 Mayor Faust stated he -attended the May 4, 2006, Middle Mississippi Water Management 5 Organization retreat that was held at the Ramsey Washington Metro Watershed District. He 6 suggested that later this summer, the Council and staff tour this building that has a green roof, 7 rain gardens, and pervious parking lot so no water runs off the site. He stated thisgroup has only 8 been in existence for five years as a functioning group and the retreat was a worthwhile event. 9 10 Mayor Faust noted the City's clean up day is a very important event for the community and 11 reminded residents that they can take their tree limbs over to the Ramsey County Arden Hills 12 recycle point, even if residing in Hennepin County. He stated it was encouraging to see residents 13 come to do recycling and perhaps some improvements can be made to nextyear's clean up day 14 to expand services to include electronics. 15 16 Mayor Faust stated his agreement with the comment of Councilmember Thuesen that the Comp 17 Plan Task Force is creating a living document. He stated he served on that group ten years ago 18 and refers back to that Plan. He noted that St. Anthony wouldn't have the things it has today 19 without that blueprint and he appreciates Councilmembers Gray and Thuesen serving on that 20 Task Force. 21 22 Mayor Faust reported that he attended another board meeting with the Mississippi Water 23 Management Organization and advised that this organization is very concerned about water 24 runoff and the quality of water that ends up in the Mississippi River. He stated it is vital and 25 important work to assure the water is clean and recyclable to use in the future. 26 28 Mayor Faust invited residents to come forward at this time and address the Council on items that 29 are not on the regular agenda. 30 31 Hearing none, Mayor Faust moved forward with the agenda. 32 33 IX INFORMATION AND ANNOUNCEMENTS. 34 Mayor Faust displayed a copy of the street construction plan and indicated it was sent out last 35 week along with a refrigerator magnet containing telephone numbers to call if assistance is 36 needed. IYA 47 Motion carried unanim22sl y, iN 1 2 3 4 5 6 7 8 9 10 11 City Council Regular Meeting.Minutes May 9, 2006 Page 11 Respectfully submitted, Carla Wirth TimeSaver OffSite Secretarial, Inc. City Clerk Mayor K I# -%d Saint Anthony Village DATE: May 23, 2006 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Hage Construction, Edina, MN Northeast Tree, Mpls, MN Northland Fire and Security, Edina, NIN Sign. rt, Mendota Heights, NIN Zebro Contracting Services, Ham Lake, NIN Heating and Air Conditioning License: Ace Mechanical Services, Ham Lake, MN W ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE 05/15/2006 13: Check Register GL540R-VO6.70 PAGE 1 BANK VENDOR CHECK## DATE AMOUNT FIRS BREMER BANK NA .00001 AAA FOAM CO 27097 05/24/06 30.88 008964 ACCLAIM BENEFITS 27098 05/24/06 149.94 008621 ALLIANCE MECHANICAL 27099 05/24/06 1,064.00 009250 AMERICAN MESSAGING 27100 05/24/06 188.72 005087 AMERICAN PUBLIC WORKS AS 27101 05/24/06 157.50 007835 ARCH WIRELESS-METROCALL 27102 05/24/06 48.68 008864 BASARA/JOE 27103 05/24/06 96.29 000320 BEISSWENGER APPLIANCE 27104 05/24/06 45.47 008555 BIFFS, INC. 27105 05/24/06 252.52 007168 BOYER FORD TRUCKS, INC. 27106 05/24/06 11.71 000610 CATCO 27107 05/24/06 103.70 002380 CENTERPOINT ENERGY 27108 05/24/06 9,295.47 009302 CITY OF MAPLE GROVE 27109 05/24/06 250.00 008736 CREATIVE FORMS & CONCEPT 27110 05/24/06 1,477.97 000807 DIAMOND VOGEL PAINTS 27111 05/24/06 708.71 004110 DICKSON ELECTRIC 27112 05/24/06 3,646.00 000820 DORSEY & WHITNEY 27113 05/24/06 5,835.00 008647 FRATTALLONE'S HARDWARE 27114 05/24/06 151.17 009236 FSH COMMUNICATIONS 27115 05/24/06 58.58 001030 G & K SERVICES INC 27116 05/24/06 572.72 001300 HACH COMPANY 27117 05/24/06 137.17 001420 HAWKINS WATER TREATMENT 27118 05/24/06 2,054.88 008221 HEDBACK,ARENDT, & CARLSO 27119 05/24/06 5,000.00 008944 HENN CNTY INFO TECH DEPT 27120 05/24/06 2,528.11 008376 HENNEPIN CNTY SHERIFF'S 27121 05/24/06 672.79 008252 HOME DEPOT CREDIT SERVIC 27122 05/24/06 144.44 008658 INSTRUMENTAL RESEARCH, I 27123 05/24/06 85.50 008349 JOHN'S SOD 27124 05/24/06 140.25 001980 LEAGUE OF MN CITIES 27125 05/24/06 640.00 008254 LMCIT % BERKLEY ADMINIST 27126 05/24/06 130.00 002160 MARSHALL CONCRETE PROD 27127 05/24/06 3,712.13 008193 MCFOA TREASURER 27128 05/24/06 35.00 007308 MIDWEST SPECIALTY SALES 27129 05/24/06 169.96 008668 MINNEAPOLIS COMM -TECH CO 27130 05/24/06 200.00 008803 MINNESOTA FIRE SERVICES 27131 05/24/06 45.00 009195 MISTER CAR WASH 27132 05/24/06 94.37 002395 MTI DISTRIBUTING, INC 27133 05/24/06 14.53 009283 MUNICIPAL EMERGENCY SERV 27134 05/24/06 2,517.00 008884 MURLOWSKI PROPERTIES 27135 05/24/06 127.77 005232 MURPHY'S SERVICE CENTER 27136 05/24/06 25.00 007370 MYERS TIRE SUPPLY COMPAN 27137 05/24/06 32.61 000045 OFFICE DEPOT 27138 05/24/06 245.65 001230 ONE CALL CONCEPTS, INC. 27139 05/24/06 238.65 008528 PACE ANALYTICAL SERVICES 27140 05/24/06 285.00 008805 PETTY CASH - BREMER BANK 27141 05/24/06 197.97 004492 QWEST 27142 05/24/06 391.74 003100 ROSEDALE CHEVROLET 27143 05/24/06 183.78 003350 SEH 27144 05/24/06 42.00 008913 SPECIAL OPERATIONS TRAIN 27145 05/24/06 530.00 009304 STREICH DEMARS, INC. 27146 05/24/06 200.00 003490 STREICHER'S 27147 05/24/06 149.58 009296 T -MOBILE 27148 05/24/06 932.40 008449 TWIN CITY GARAGE DOOR 27149 05/24/06 105.00 004481 TWIN CITY JANITOR SUPPLY 27150 05/24/06 99.58 008561 UNITED RENTALS COMPANY 27151 05/24/06 22.44 008227 VERIZON WIRELESS 27152 05/24/06 144.01 004494 WASTE MANAGEMENT - BLAIN 27153 05/24/06 471.40 008887 WELLS FARGO BANK 27154 05/24/06 1,450.00 .00002 WILLIAMS/SHARON 27155 05/24/06 30.00 002680 XCEL ENERGY 27156 05/24/06 6,621.96 BREMER BANK NA 54,992.70 ** ACS FINANCIAL SYSTEM ST. ANThuN Y v l utr»r, 04/28/2006 13: Check Register GL540R-V06.70 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 009299 MINNESOTA HTCIA 25561 04/30/06 360.00 009286 GODFATHER PIZZA 25562 04/30/06 276.67 007072 ST ANTHONY CHAMBER OF CO 25563 04/30/06 51.2.00 .25564 RESIDENCE INN 25564 04/30/06 1,213.66 008411 DRIVER & VEHICLE SERVICE 25565 04/30/06 17.50 00841.1 DRIVER & VEHICLE SERVICE 25566 04/30/06 17.50 009296 T -MOBILE 25567 04/30/06 391.36 .25568 SHERBURNE COUNTY 25568 04/30/06 600.00 008803 MINNESOTA FIRE SERVICES 25569 04/30/06 330.00 008411 DRIVER & VEHICLE SERVICE 25570 04/30/06 17.50 008411 DRIVER & VEHICLE SERVICE 25571 04/30/06 17.50 3,753.69 *** ACS FINANCIAL SYSTEM 05/05/2006 09: Check RegisterST• ANTHONY VILLAGE BANK VENDOR GL540R-V06.70 PAGE 1 FIRS BREMER BANK NA CHECK# DATE ,AMOUNT 008805 PETTY CASH - BREMER BANK 27095 05/05/06 • �•+•r+���r. TT 1T'f7 aTT 200.00 BANK VENDOR _ 200.00 *** FIRS BREMER BANK NA CHECK## DATE AMOUNT 008411 DRIVER & VEHICLE SERVICE BREMER 27096 05/1x/06 BANK NA 17.50 17.50 *** w ACS FINANCIAL SYSTEM 05/16/2006 12: Check Register GL540R-V06.70 ST. ANTHONY VILLAGE PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 008964 009058 ACCLAIM BENEFITS AMERICAN BOTTLING COMPAN 25824 25825 05/24/06 05/24/06 23.21 74.40 008794 008906 ARC'T'IC GLACIER INC. ASSURANT EMP BENEFITS 25826 05/24/06 429.90 004293 BELLBOY CORP. 25827 25828 05/24/06 05/24/06 35.96 18,710.74 0091.48 002380 BRW ENTERPRISES CENTERPOINT ENERGY 25829 05/24/06 487.50 004065 CENTRAL LOCK & SAFE CO 25830 25831 05/24/06 05/24/06 112.08 11006.84 004080 004086 CHISAGO LAKES DIST. CO., CITY OF ST. ANTHONY 25832 05/24/06 31182.29 004095 COCA COLA ENTERPRISES IN 25833 25834 05/24/06 05/24/06 14,583.33 11361.40 008219 004120 DEX MEDIA EAST EAGLE WINE CO 25835 05/24/06 109.73 004125 EAST SIDE BEVERAGE CO 25836 25837 05/24/06 05/24/06 21173.34 28,921.50 008697 009261 EXTREME BEVERAGE FORESTEDGE WINERY 25838 05/24/06 320.00 001030 G & K SERVICES INC 25839 25840 05/24/06 05/24/06 556.80 1.54.05 004172 004175 GRAPE BEGINNINGS, INC. GRIGGS COOPER & CO INC 25841 25842 05/24/06 05/24/06 334.00 16,618.86 004207 004220 HOHENSTEIN'S, INC 25843 05/24/06 4,908.92 004230 JOHNSON BROTHERS LIQUOR KUETHER DISTRIBUTING CO 25844 25845 05/24/06 05/24/06 12,869.62 21,437.30 009114 004265 M. AMUNDSON LLP MARK VII SALES INC 25846 05/24/06 11022.35 004263 MARKET AMERICA CORP. 25847 25848 05/24/06 05/24/06 13,049.95 375.00 002850 004299 MEDICA CHOICE MPLS. OXYGEN CO. 25849 05/24/06 51606.67 008.996 NEEDHAM DISTRIBUTING CO 25850 25851 05/24/06 05/24/06 26.62 67.50 008883 009275 NEW FRANCE WINE COMPANY PAT KERNS WINE MERCHANTS 25852 25853 05/24/06 05/24/06 924.00 1,438.00 004354 004360 PAUSTIS & SONS 25854 05/24/06 3,472.03 004372 PHILLIPS WINE & SPIRITS PLUNKETT'S 25855 05/24/06 45,855.30 004161 PREMIUM WATERS, INC 25856 25857 05/24/06 05/24/06 65.00 14.60 004376 000710 PRIOR WINE CO PRUDENTIAL LIFE INSURANC 25858 .25859 05/24/06 05/24/06 5,479.41 15.36 004385 009072 QUALITY WINE CO SPECIALTY WINES & BEV. L 25860 25861 05/24/06 05/24/06 23,732.36 288.60 009083 008470 ST. ANTHONY RETAIL DEVEL 25862 05/24/06 1,474.06 008824 SUN NEWSPAPERS TRI -COUNTY BEVERAGE, INC 25863 25864 05/24/06 05/24/06 314.65 272.00 008888 008316 VALPAK OF MINNEAPOLIS -ST WINE COMPANY/THE 25865 05/24/06 11450.00 008310 WINE MERCHANTS INC 25866 25867 05/24/06 05/24/06 11070.16 21179.11 004499 WORLD CLASS WINES, INC. 25868 05/24/06 1,846.51 LIQUOR CHECKING ACCOUNT 238,451.01 *** ACS FINANCIAL SYSTEM 05/16/2006 12: BANK VENDOR LIQR LIQUOR CHECKING ACCOUNT 004492 QWEST LIQUOR CHECKING ACCOUNT Check Register CHECK# DATE ST. ANTHONY VILLAGE GL540R-VO6.70 PAGE 1 AMOUNT 25869 05/24/06 141.04 141.04 *** CITY OF ST. ANTHONY, VILLAGE RESOLUTION 06-0 52 J 11 WHEREAS, Congress enacted the Help America Vote Act (HAVA) in 2002 to ensure that the voting method utilized in every polling place includes a ballot marking device that is accessible for individuals with disabilities and provides them the ability to vote privately and independently; and WHEREAS, the Ramsey County Board of Commissioners has adopted the local equipment plan developed by the cities and school districts in the County to acquire and operate a ballot marking device that is accessible to persons With disabilities; and WHEREAS, Ramsey County has received a state grant in the amount of $1,256,572 to acquire and operate such a ballot marking device for disabled voters; and WHEREAS, the Minnesota secretary of state has certified the Automark ballot marking device for use in this state; and WHEREAS, the Ramsey County auditor has authorized the use of the Automark ballot marking device in all elections in Ramsey County; Now, Therefore, Be It RESOLVED, that the City of St. Anthony authorizes the use of the Automark ballot marking device for all elections held in the City (or Town), in accordance with applicable state and federal laws; and be it further RESOLVED, that the operation and maintenance of the Automark ballot marking device be conducted in the same manner provided for voting systems in the joint powers agreement between the City (or Town) and the County adopted by the Ramsey County Board of Commissioners on April 24, 2001; and be it further RESOLVED, that the city (or town) clerk provide information on the use of the Automark ballot marking device to the public during the 60 days prior to the 2006 state primary and public demonstrations of said device during the six weeks prior to the 2006 state primary, in accordance with state law; and be it further RESOLVED that a copy of this resolution be provided to the Ramsey County auditor. FACouncit Meetings\2006\05232006\Ramsey resolution authorizing use of Autornark.doc Adopted this 23rd day of 2006 ATTEST: City Clerk Mayor City Manager FACouncil Meetings\2006\05232006\Ramsey resolution authorizing use of Automark.doc 19 STAFF REPORT To: Planning C oinrnis sion Report No.: VI. 1. From.: Kinn Moore -Sykes, Assistant City Manager Date: May 16, 2006 Subject: Request for Conditional Use Permit for a Tanning Salon — St. AnthonyShopping Center; Requested Action: Conditional Use Permit for a Tanning Salon Prouty Address: 2922 Pentagon Drive ZoningDistrict: Commercial 60 -Day Expires: June 13, 2006 Waiver Letter required: _N/A Yes Date Sent; No *Action on this application scheduled for 23 May,2006 Council meeting. Background: Ms. Deborah Toinberlin contacted Staff to discuss the City's ordinance regardingopening tanning o P g a in g salon in the St. Anthony Shopping Center. Body tanning salons are a permitted conditional use (Section 1635.03 and Ms. Tomberlin indicated that she has a tentative rental agreement with Al Esther, one of the owners of the St. Anthony Shopping Center. She is proposing to open the tanning salon in the end unit where Hansen's Gifts was previously. Staff provided Ms. Toinberlin with the City's requirements regarding a conditional useP errnit and a CUP application. On Friday, April 14, 2006, Ms. Tomberli.n submitted a coinpleted application, fees and additional inf rxna Pp o tion rega�.ding her application. Ms. Tornberlin also attended a concept review of her CUP application before the Planning Coma ission on April 18, 2006. Attachments: Copy of Application Propose Salon Layout Narrative of the Project 051606 Tanning Salon CUP request.doc W Silver Beach Tannl*ng LLC 4 1 f•A+ ;i'tis^i:itk'3 •'f1 Y \ 2� Y %T l f.' - VG .�mrrJ -.. C ll �. f+ y 1.S i ' ar r 1 f•A+ ;i'tis^i:itk'3 co E 00 0 91 ( O � s� c ; co (D Li >1 CD C) IKII- C14 0 0 -0 E O LO CD o CD E > -0 LF < < CD -0 CD E CN < 0 Q7 Lil 07 p G) 00kt, co OL12 24 1.0 Executive Summary. 00096 00000000000000 &***Do see 9106.1 1.1 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.2 Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2.0 CompanySummary, -9 goo 806966990s 000000 004000.3 2.1 Company Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Start-up Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3.0 Products and Services . 0 a** a 0 99001196 *Ge so Does 0 0 DODO 00.5 4.® Market Analysis Summary a 0 ® 0 a 0 0 0 0 0 a a 0 Is 0 a a a a a 0 0 0 0 0 a a . 6 4.1 Market Segmentation . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Target Market Segment Strategy . . . . . . . . . . . . . . . . . . . . . 7 4.3 Industry Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.3.1 Competition and Buying Patterns . . . . . . . . . . . . . . . 7 5.0 Strategy and Implementation Summary D a 0 0 0 0 6 0 0 0 0 0 0 0 a 0 0 0 a a . 8 5.1 Competitive Edge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.2 Sales Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.2.1 Sales Forecast . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5.3 Milestones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 6.0 Management Summary ... 0,66998080609 0000009 all 9986.11 6.1 Personnel Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 7.0 Financial Plan 009680680 010 *GOOD 0-00019 a 9606066 a 60611.12 7.1 Important Assumptions . . . . . . . . . . . . . . . . . . . . . . . . . 12 7.2 Break-even Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . .12 7.3 Projected Profit and Loss . . . . . . . . . . . . . . . . . . . . . . . .13 7.4 Projected Cash Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7.5 Projected Balance Sheet . . . . . . . . . . . . . . . . . . . . . . . . .15 W Silver Beach Tanning LLC 1.0 Executive Summary Based on Silver Beaches in-depth study of the targeted market, which included demographic research & consumer profiling, together with location specific analysis of competition, product demand, traffic flow, housing, etc., we have determined that this marketplace clearly demonstrates the potential to support a thriving commercial tanning salon. By focusing on our strengths, our key customers,, and the underlying needs of these individuals, Silver Beach will increase sales to more than $229,000 in threeyears, while inproving the gross margin on sales, cash management and working capital. In our business plan hopefully you will share our vision and strategic focus; delivering a quality, safe, clean, affordable tan at a convenient location to customers primarily in a 5 mile radius of the St.Anthony Shopping Center, in St.Anthony. It also provides the step-by-step plan for improving our sales/ gross margin, and profitability. The break-even analysis projects that this location,, given effective marketing,, strong hands-on management and diverse product mix, will provide sufficient cash flow to cover all business related expenses and return a profit during its first full year of operations. This business plan includes this summary, information on the company., products and services, market focus, action plans and forecasts, management team and financial plan. 26 Page 1 Silver Beach LLC Tanning 1. Gross annual sales increasing to more than $229,000 by the third year. 2. Maintain a customer base of 5000 by the third year. 3. Bring gross margin on product sales to above 100% and maintain that level. Setting a new standard in tanning is our goal. Silver Beach is committed to provide a pleasurable relaxing experience and everything our clients need to achieve the perfect tan. Combining cutting-edge technology and our large selection of lotions, we will help our clients choose the tanning package that best meets their needs. Silver Beach is a unique tanning salon dedicated to providing its customers with a quality tan at an affordable price in a clean, safe and friendly environment. Paae 2 Silver Beach Tanning 2.0 Company Silver Beach Tanning LLC, will be the only tanning salon in the city of St.Anthony. 2.1 ... ny Ownershij Silver Beach is a privately held company owned and operated by Tim and Debbe Tomberlin who are also residents of the city of St.Anthony. KStart-up Summary Tim and Debbe Tomberlin have $85,000 to invest in the business and are looking to finance an additional $160,000 for the build out and start up of their salon. The funds will be used to finance startup costs, remodled the location, purchase the equipment, and initial inventory. The funds will be repaid through earnings. $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 9=1-119! 28 P'q n P '� Silver Beach Table 2.2: Start-up Start-up Plan Start-up Expenses Legal - - $250 Stationery etc. $100 Brochures $250 Construction $55,000 Insurance $200 Rent $3,070 Labor $1,500 Advertising $45700 Utilities $525 Total Start-up Expense $653595 Start-up Assets Needed Cash Requirements $1,000 Start-up Inventory $31000 Other Short-term Assets $400 Total Short-term Assets $4,400 Long-term Assets $162,605 Total Assets $167,005 Total Start-up Requirements: $232,600 Left to finance: $0 Start-up Funding Plan Investment Investor 1 $85,000 Investor 2 $ 0 Other $p Total investment $85,000 Short-term Liabilities Unpaid Expenses $0 Short-term Loans $0 Interest-free Short-term Loans $0 Subtotal Short-term Liabilities $0 Long-term Liabilities $1605000 Total Liabilities $160,000 Loss at Start-up ($77,995) Total Capital $7,005 Total Capital and Liabilities $167,005 Checkline $ 0 Dann d Silver Beach Silver Beach offers tanning solutions to customers in a clean, friendly environment. In addition to tanning sessions, Silver Beach offers a large array of tanning products and packages. our tanning equipment is Erogoline, and will have 4 levels of tanning. 1. The "Evolution 600", gives your serious tanners just what they are seeking; intense tanning performance in a sleek, beautiful bed, high output facial tanning system., and a unmatched cooling system and a full 200 watts of power. 2. The "Advanatge 400", will give customers a surround advanced technology tanning system, will 160 watt "Wolff" system lamps to give our clients the tanning power the just yiexpect n 12 minutes. This bed also has advanced body cooling system for an enjoyable tanning experience. 3. The "Ambition 25011, includes everything you want in a solid commercial unit. The hinged acrylic system., standard body cooling system and sharp design make this a must have entry level bed for any salon. This entry level bed also has three "Xtreme Reflection" face tanners that were developed to maximize the amount of UV for added facial tanning power. 4. The "Mystic Tan My Myst", is ideal for hard -to -tan skin types and people who want a UV -free tan that lasts 7-9 days. The application will produce a light to medium or a rich darker color of a tan, depending what the customer chooses. 5. The "Radius 25211, is a stand-up unit featuring 200 -watt tanning technology, this booth has 52, surround 2 -meter lamps for complete head to toe tanning. Made specifically for serious tanners. The power and advanced cooling system will keep clients coming back for more with just a 9 minute session Pani Silver Beach Tanning LLC 4.0 Market Analysis Summary Silver Beach Tanning focuses on local markets with dense populations and expects to attract a majority of its customers within a 5 mile radius, according to the area demografzc data attached. Our market segmentation scheme is divided into two major categories, white males and females and their ages, 'table 4.1: Market Analysis Market Analysis Est. White Population Est. Population of Females Est. Population of Males Other Potential Customers Growth 2006 2007 2008 2009 2010 CAGR Est. white Population 0% 89 89 89 89 89 -0.02% Est. Population of Females 0% 52 52 52 52 52 -0.20% Est. Population of Males 0% 48 48 48 48 48 0.21% Other 0% 0 0 0 0 0 0.00% Total -0-01% 189 189 189 189 189 -0.01% P,q n P F Silver Beach Tanning LLC 4.2 Target Market Segment Strategy Our choice of the St -Anthony Shopping Center market if strategic. We assume that this market with its dense population and ease of accessibility for the public to the new salon will ease the marketing requirements neccessary to attract customers. The average income within a 5 mile b radius is $75,000-$99,000. 4.3 Industry AnalysFcz- We are part of and industry that offers tanning services, which includes several types of business; 1. Large (10+ units) full service tanning salons; These salons offer a wide array of tanning equipment for customer use including stand-up units, lay down units and spray -on units, these tanning units are all controlled by computers from the main desk. These salons also offer a large selection of tannin products. We fall into this category. tanning g y. 2. Small (under 10 units) tanning salons; These salons offer general tannin with low g g end units with little variety. 3. Beauty salons; Some beauty salons offer tanning to their customers and if they do,, generally have one to three low end units within their salon. This is not their businessrimarp y and they do not place an emphasis on them.. 4. We have no competitors in St. Anthony. 4.3.1 Competition and Buying Patterns The tanning customer understands the concept of service, support andualit units. He or she q Y wants to tan in a new, upscale, state -of -art equipment, clean, friendly, and safe enviroment. One that is convenient to his or her home, place of work, or school. Tin trends are on an • Tanning upswing and we intend to capitalize on these moves. Our research has found that there is a substantial tannin customer base in St.Anth® g nY area, as there are only two category #1 (as defined under 4.3) salons within the three mile area. However, the upgraded equipment is currentlynot available. There is no diversity in the level and serviceability of tannin equipment and cleanliness for t is using old school technology. Tannin is lifestyle and everybody's gY g a y skin type is different. That is why you need different levels of tanning with program/package tanning and an ultimatlly clean and sanitize enviroment. Pane 7 Silver Beach Tanning LLC 5.0 Strategy.and Implementation Summar -17A L Emphasize Service and Support. We will differentiate ourselves from the other "Tanning Salons". Ourgoal is to "Set a New Standard in Tanning". 2. Build a Relationship -Oriented Business. We intend to build long-term relationships with our clients, not single -tan deals and "herd them in and herd them out" mentality with customers, becoming their tanning salon,, not just a vendor. 3. Focus on Target Markets We will focus on households up to a 5 mile radius of the St.Anthony Shopping Center as the key market segment we should own. Our "Educating the Customer'' ideology is instrumental in attaining and retaining this market share. 4. Continued Education Our employees will be required to become SmartTan certified. Education will be provided by, documentation,, classes and product testing. 5.1 Competitive d.. Our competitive edge is our positioning as an ally with our clients, who are clients more than customers. By building a business based on long-standing relationships with satisfied clients, we simultaneously build defenses against competition. The longer the relationship stands, the more we help our clients understand what we offer. 5.2 Sales Strategy I - We need to sell the tanning company, not the tanning process. We sell Silver Beach and not individual tanning units of individual tanning lotions. 2. Assist our employees to educate our customers in making theproper purchase of tanning packages and tanning products. Pammz P Silver Beach Tanning LLC -5.2.1 Sales oe Our lowest cost of level #1 tanning will be @ $8.00 per session, which is four Ambition 250's. The next level, #2, average cost per session will be @ $12.00 per session, and their are two of these beds, Advantage 400. Level #3 is a cost of $20.00 per session, we have one of these beds the Evolution 600. Level #4 is our stand-up booth, the Radius 252, @ $15.00 per session. Last . level of tanning is our sunless tanning booth, the Mystic Tan My Myst $25.00 per session. . �� Also sales increase in the new year till late spring and begin to tapper off in summer. Number of tanning units: 9.00 Sessions per hour per unit: 2.00 Total daily hours 12.00 Total days per month: 29.00 Sessions per month: 6,264.00 Total yearly capacity: 75,168.00 $25,000 $20,000 $15,000 $10,000 $5,000 $0 Sales Monthly . - - - - — - — — — —_.- . .. _ ..,.... ..t..a Iricay vui 1 vui nuy Tanning Sessions Lotion Safes Pang Silver LLC Table 5.2.1: Sales Forecast Sales Forecast Sales FY2007 FY2008 FY2009 Tanning Sessions Lotion Sales $1362538 $13,663 $177,501 $17,750 $218,462 $21,846 Total Sales Direct Cost of Sales $150,201 FY2007 $1951251 FY2008 $240,308 FY2009 Tanning Sessions Lotion Sales $0 $65828 $0 $8,875 $0 $10,923 Subtotal Cost of Sales $6,828 $8,875 $102923 Table 5.3: Milestones Milestones Milestone Start Date End Date Budget Manager Department Name me 8/1/06 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Name me 3/1/99 4/1/99 $0 ABC Department Totals $ 0 Donn I n Silver Beach Tanning LLC 6.0 Management Summarl Our management philosophy is based on responsibility and mutual . res ectPeople who work at p P Silver Beach want to work for us because we have an environment that encourages creativity and achievement. The Silver Beach team will include 4 employees under a manager. The entire operation will be overseen by Tim and Debbe Tomberlin, owners. The personnel plan calls for 5 part-time employees will one or both owners will be their most of the time. During the busier months, January, Feburary, March, April, May, and June an P Y additional part-time employee will be added. 'table 6.1: Personnel Personnel Plan Personnel FY2007 FY2008 FY2009 Salary of Managers $22,530 $29,288 $36,046 Other $15,020 $19,525 $24,031 Total Payroll $37,550 $48,813 $60,077 Total Headcount 5 6 6 Payroll Burden $5,633 $7,322 $9,012 Total Payroll Expenditures $43,183 $56,135 $69,089 Silver Beach Tanning LLC 111 11 pq qiq 111 7.1 Important Assumptions Table 7.1: General Assumptions General Assumptions $7 - FY2007 FY2008 FY2009 Short-term Interest Rate % 10-00% 10-00% 10-00% Long-term Interest Rate % 10,00% 10.00% 10.00% Payment Days Estimator 30 30 30 Inventory Turnover Estimator 12.00 12.00 12.00 Tax Rate % 0.00% 0.00% 0.00% Expenses in Cash % 10,00% 10.00% 10.00% Personnel Burden % 15.00% 15,00% 15.00% 7.2 Break-even Analysis $8 - $7 - $6 - $5 - $4 - $3 - $2 - $1 $0 $0 $2 $4 $6 $8 $10 piliq11,11[ Break-even point = where line intersects with 0 - -r j t Paae 12 Silver Beach Tanning LLC Table 7.2: Break-even Analysis Break-even Analysis: Monthly Units Break-even 0 Monthly Sales Break-even $0 _Assumptions: Average Per -Unit Revenue $1.00 Average Per -Unit Variable Cost $0.25 Estimated Monthly Fixed Cost 7.3 Projected Profit and Loss Table 7.3: Profit and Loss Profit and Loss (Income Statement) Pane 1 FY2007 FY2008 FY2009 Sales $150,201 $195,251 $240,308 Direct Cost of Sales $6,828 $8,875 $10,923 Other $0 $0 $0 Total Cost of Sales $6,828 $83875 $10,923 Gross Margin $143,373 $186,376 $2293385 Gross Margin % 95.45% 95.45% 95.45% Operating Exp ens es : Advertising/Promotion $3,600 $3,600 $3,600 Legal and Accounting $1,800 $1,800 $1,800 Repair and Maintence $1,200 $1,200 $1,200 Payroll Expense $37,550 $481813 $60,077 Payroll Burden $5,633 $71322 $9,012 Depreciation $0 $0 $0 Lamps $6,000 $6,000 $6,000 Utilities, Water, Gas $600 $600 $600 Insurance $1,800 $0 $0 Rent $36,840 $38,314 $39,840 Phone $1,800 $1,800 $1,800 Electric (fixed cost) $4,200 $4,200 $4,200 Total Operating Expenses ------------ $101,023 ------------ $113,649 ------------ $128,129 Profit Before Interest and Taxes $42,351 $72,727 $101,256 Interest Exp ens e Short-term $ 0 $ 0 $ 0 Interest Expense Long-term $18,275 $22,300 $26,500 Taxes Incurred $0 $0 $0 Extraordinary Items $ 0 $ 0 $ 0 Net Profit $24,076 $50,427 $74,756 Net Profit/Sales 16.03% 25.83% 31.11% Pane 1 7.4 Projected Cash Flow $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 Silver Beach Tanning LLC . - - -- -_.. ..I . r 11t 1rIt.A.Y vU11 VUI nUk_ Table 7.4: Cash Flow Cash Flow Cash Balance Pro -Forma Cash Flow FY2007 FY2008 FY2009 Net Profit $24,076 $50,427 $74,756 Plus: Depreciation $0 $0 $0 Change in Accounts Payable $5,888 $925 $563 Current Borrowing (repayment) $ 0 $ 0 $ 0 Increase (decrease) Other Liabilities $0 $0 $0 Long-term Borrowing (repayment) $42,000 $42,000 $42,000 Capital Input $0 $0 $0 Subtotal $71,964 $93,352 $1173319 Less: FY2007 FY2008 FY2009 Change in Inventory ($2,682) $95 $95 Change in Other Short-term Assets $0 $0 $0 Capital Exp endi bure $ 0 $ 0 $ 0 Dividends $ 0 $ 0 $ 0 Subtotal ($2,682) $95 $95 Net Cash Flow $74,646 $93,257 $117)224 Cash Balance $75,646 $168,903 $286,127 -1 A Silver Beach Table 7.5: Balance Sheet Pro -forma Balance Sheet Assets Short-term Assets FY2007 FY2008 FY2009 Cash $75,646 $168,903 $286,127 Inventory $318 $413 $509 Other Short-term Assets $400 $400 $400 Total Short-term Assets $76,364 $1695716 $287,035 Long-term Assets $5,888 $6,813 $7,376 Capital Assets $162,605 $162,605 $16205 Accumulated Depreciation $0 $0 $0 Total Long-term Assets $162,605 $162,605 $162,605 Total Assets $238,969 $3321321 $449,640 Liabilities and Capital 14 U P,gnP I �; FY2007 FY2008 FY2009 Accounts Payable $5,888 $62813 $7,376 Short-term Notes $ 0 $ 0 $ 0 Other Short-term Liabilities $0 $0 $0 Subtotal Short-term Liabilities $5,888 $6,813 $7,376 Long-term Liabilities $202,000 $244,000 $286,000 Total Liabilities $207,888 $250,813 $293,376 Paid in Capital $85,000 $853000 $85,000 Retained Earnings ($77,995) ($53,920) ($3,492) Earnings $243076 $50,427 $74,756 Total Capital $31,081 $81,508 $156,264 Total Liabilities and Capital $238,969 $332,321 $449,640 Net Worth $31,081 $81,508 $156,264 14 U P,gnP I �; EY 004(000 0)0MM }T-N'4ct 00 U- N ER N LL 69 69• 69• 69 00 r- O T- 00 O LO LO o O t to N O 0 619 00 000 } t- t` Ln N C6 00 t~ 1 0 >' 6R 69 LL 'r- 6c} r- LL 69? 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OCD 00 NNNN X-- T-- 69 r 69 69 N 64 69 69 v 643 O O O O O O ^ O LO U) U) C (` 69 643 r O t` O U) 0) C) CO O Q Lo LO O LO O 0) r- e-- f` s-- CD CD CX) d' Ln -,1 ' Ln r- 69 69 0o O 00 r' v- N t-- N r r 69 r 69 63 N 69 «? 69 69). 69 O O O O O O O ^N f~ t~ r -- Co 69 69 CD O CD OLr) N N CO N co co LO 00 O 0) M 00 CD co � co� 0`00r•�T-o� IT -T- 6). t` 69 N 69 69 643 b�9 69 L) O O O O O O O^^ 00 00 00 LL t ti O� O CA '' F- U7 IF- U) Ln 1- CD Lo 643 CD M CD 6969 00 00 00 r' 69 0) 69 r r- 643 r' r 69 Et} 69 C 0 0 0 0 O O O^^M M M N 00 6F3 69 co O CXR O LO N �- 0) r d' d^ LO 0) O(M N N r N L U7 t, N X N t1) N 63 69 ti N CO 69 00 643 r r 6F3 F` 64 69 4,9 U LO cc LO O U) O ^Lr) ^ CD r CD Dd^� d; to- Lo O LO OOLOtiNti O N 69 643 69 69 69 bv9 69 >0000 00 O^^000 MLO 0-) oONLo 0 00 Zd-- Nt Lo Lo Ln Lci O Ln LLn (11",^ r t` 63 693 rl- ti co r' Ln 69 t-- 69 ti 69- 6c). OO69�O OO OLO`-0NJ- 0000000 O "t O tet O 01 N Co I` Co 69 69 CD ti co r' 64361). r• r 69 r' � r 69 <-f3 6�9 69 C1 0) 00 0) O 0) O a)fl- 6969{` Or OLO0MrM C� co co LO O 0 MLo 0 0) 00 0) � � CMDC00 co r-- � r 6F? 6CO9 63 O -a :-= n cz cz cC -j U E s0 W � c m >, �� �E a C: CoC`)C° U�� f c� U J> o 0 U) 0- o OfwF�°--i°z 46 V • ffff'?�EREAS, the St. Anthony Planning Commission held a public hearing on May 16,, 2006, regarding a request for a conditional use permit for a body tanning salon at 2922 Pentagon Drive (Silver Beach Tanning Salon); WHEREAS, the planning commission determined that this use would be appropriatrat as a conditional use with the following conditions: 1) The applicant obtain the required State certifications for a tanning salon and personnel; 2) The hours of operation are consistent with the shopping center and do not extend beyond 6:00 a.m. to 11:00 3) The applicant has all of the required inspections, i.e. building and fire. NOW, THEREFORE BE IT RESOLVED, the Planning Commission recommended City Council approve the conditional use permit for a tanning salon at 2922 Pentagon Drive. Adopted this 23 rd dav of Mav, 2006. FACouncil Meetings\2006\05232006\res06-054tanning salon.doc 47 WSB AMENEMEM & Associates, Inc. WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763- 541-4800 763- 541-1700 (fax) J),'ate: May 16, 2006 To: Mr. Mike Mornson, City Manager, St. Anthony Mr. Jay Hartman, Director of Public Works, St. Anthony Mr. Craig Twinem, Hennepin County Mr. an Solar, Ramsey County From: Tony Heppelmann, P.E., Ross Jentink, EIT Re: 37th Avenue NE at Silver Lake Road Lane Configuration City of St. A n th o ny, Min n es o, ta WSB Project No. 1538-02. The purpose of this study is to determine the potential traffic operation of the intersection of Silver Lake Road and 37th Avenue N.E. in the City of St. Anthony for two different conditions. The City of St. Anthony is considering reducing the southbound approach on Silver Lake Road from one through lane and a through/right-turn lane to one through lane and an exclusive right -turn lane; the left -turn lane would remain unchanged. Currently Silver Lake Road is a two-lane road to the south of 37th Avenue N.E. and a four -lane road to the north. The traffic operations analysis of this intersection considers the following: Forecast volumes for 2007, 2017, and 2027, including background growth and additional traffic from local development for 37th Avenue N.E., Wal-Mart access, and 39th Avenue N.E. all on Silver Lake Road. Operational analysis of Silver Lake Road at 37th Avenue N.E. with the existing lane geometry and forecast volumes. Operational analysis of Silver Lake Road at 37th Avenue N.E. with modified lane geometry on the southbound approach including an exclusive left -turn lane, through lane, and right -turn lane with the forecast volumes. wsb6'pr0jccts'.0 I 538-02'Traffic,FIC St Iver -q, CR D10604ITMenio.doe Memorandum May 16, 2006 Page 2 of 15 Historical Traffic Volumes The Silver Lake Road area in St. Anthony has had a large fluctuation in traffic volumes over the last 25 years. Local redevelopment and increased commuter traffic to/from the Minneapolis area has caused modest growth on Silver Lake Road over the last ten years. Mn/DOT historical traffic counts, Table 1, shows an average annual growth rate of about 3.5 percent on Silver Lake Road at 39th Ave NE over the last ten years. This growth rate is high for similar roadways in Hennepin and Ramsey Counties, but not unexpected, due to the redevelopment of the old Apache Mall site. Hennepin and Ramsey Counties have seen an average of 1 percent to 1.5 percent growth per year on similar roadways within the counties. HistoricalTable 1. Traffic Counts City o Anthony Silver .; Road oa!;' Location ear At: 1980 1984 1988 1990 1994 1998 2000 2004 South of 1-694 19500 23500 19500 21200 Silver Lake 3rd St 18300 16800 16500 16500 18800 19500 21200 17000 Silver Lane 17800 16400 15500 17000 15500 15500 16500 17500 Road 39th Ave N.E. 18000 15000 14000 15000 14000 15500 16500 20500 35th Ave N.E. 10100 10500 10600 10600 15000 10000 10400 9200 1-35 W N. of 37th Ave N.E. 61300 68500 72000 78000 85000 107000 107000 102000 E. of Silver 37th Ave N.E. Lake Road 11200 12300 13500 13500 14500 16200 14100 14200 Source: Mn/DOT MSAS Maps Existing Traffic Volumel, Intersection turning movements were counted for the a.m. and p.m. peak three -hours by Ramsey County on April 4 through April 6, 2006. The following three intersections were counted: 37th Ave. N.E. at Silver Lake Road. Wal-Mart access at Silver Lake Road. 3 9th Ave NE. at Silver Lake Road. The a.m. and p.m. peak hour turning movements are shown in Figures 1A and 2A of the Appendix. Development pGeneration / Distribution Trip generation for the Northwest Quadrant Redevelopment was estimated using the ITE Trip Generation Manual. The manual is a compilation of daily and peak hour trip generation rates based on actual data collected from specific sites where similar developments have occurred. It is an accepted and widely used resource in the transportation field. \.wsb6'projccts,.01538-02•T'ratfic'HC Silver;q CR D0604ITMcmo.doc Memorandum May 16, 2006 Page 3 of 15 North of 371h Avenue N.E and west of Silver Lake Road is the site of the old Apache Mall. This mall has been removed and the site is currently being redeveloped. This development is part of the St. Anthony Village Northwest Quadrant Redevelopment. The site was surveyed on April 18, 2006 to determine the percentage of occupancy. The development is about 65 percent occupied/constructed and includes retail developments, condominium and town homes, and apartment buildings; each in various stages of occupancy and construction. A detailed estimation of the remaining construction/occupancy and trip generation for the site is shown in Table 2. AnthonyCity of St. NorthwestSt. Anthony Village Quadrant Redevelopment Development to be Constructed/Occupied average Daily AM peak Hour PM Peak Hour Land Use Traffic Land Size Unit Rate Trips Rate Total In Out Rate Total In Out Tri s Tri s Retail 43,500 SF 40.67 1,769 0.79 34 22 12 2.59 113 48 65 Apartment 133 Unit 6.63 882 0.51 68 11 57 0.62 82 55 27 Senior Apartment 68 Unit 3.48 237 0.07 5 3 2 0.10 7 4 3 Townhomes 25 Unit 5.86 147 0.44 11 2 9 0.54 14 9 5 Townhomes High-rise 273 Unit 4.18 1,141 0.34 93 19 74 0.38 104 63 41 Sit -Down Restaurant 6,000 SF 130.34 782 9.27 56 29 27 10.86 65 39 26 Total Trips 4,957 266 1 86 1 184 1 1 384 218 1 166 The Travel patterns for the newly generated trips were estimated by reviewing Mn/DOT traffic flow maps, existing turning movement counts, and the traffic analysis for the St Anthony Village Northwest Quadrant Redevelopment EAW. The distribution of trips generated for the proposed site was estimated as follows: 20 percent - Stinson Boulevard. 5 percent - 39th Avenue N.E. east of Silver Lake Road 35 percent - Silver Lake Road to the north. 40 percent - Silver Lake Road to the south. New trips passing through the intersection of 37th .Avenue N.E on Silver Lake Road were distributed similar to the existing turning movements. Forecast Traffic Volumes Traffic volumes were estimated for the year 2007, 2017, and 2027. The traffic volumes were computed by adding trips from known local development and background growth to the existing counts. Background The background growth for Silver Lake Road was estimated by analyzing historical growth and local land -use. The historical traffic volumes show an annual growth rate of 3.5 percent over the last ten years. The traffic volumes on Silver Lake Road are likely to grow at a slower rate in the future than in the past ten years. Over the last ten years a Cub Foods store ``w•sb6'•projccts\01538-02'%Trattic\HC Silvcr-u CR D\06041%Mcmo.doc Memorandum May 16, 2006 Page 4 of 15 and a Wal-Mart store have opened in the Northwest Quadrant Redevelopment site which has contributed to much of the increased traffic on Silver Lake Road. Upon the completion of the Northwest Quadrant Redevelopment, it was assumed that the background traffic volumes will grow at a rate of 0.75 percent annually on Silver Lake Road. This, combined with local development traffic, will yield a net growth in traffic similar to both Hennepin and Ramsey County State Aid growth rates. The 2007 traffic forecast volumes assumed the Northwest Quadrant Redevelopment was constructed and fully occupied. The a.m. and p.m. 2007 traffic forecasts are shown in Figures 3A and 4A in the Appendix. The 2017 and 2027 traffic forecast volumes assumed ten and 20 years of background growth respectively added to the existing counts and the traffic generated from a fully occupied Northwest Quadrant Redevelopment site. The a.m. and p.m., 2017 and 2027 traffic forecasts, are shown in Figures SA through 8A in the Appendix. Methodology The Level of Service (LOS) is the rating of an intersection's performance. An intersection with a LOS A has very little delay per vehicle, and no congestion, hence, operates well. An intersection with a LOS F has extreme delays per vehicle and often severe congestion. In an urban area similar to the proposed site, LOS D is typically the minimum acceptable rating. The second fundamental component of operational analysis is a study of vehicle queuing. The queue length is important in determining if traffic will backup from an intersection and block vehicles from entering turn lanes or private accesses. The 95th percentile queue is considered the accepted design standard for an intersection. This is the longest length of queue with a 5 percent chance of occurring during the peak hour. Traffic operations were analyzed using the Synchro/SimTraffic 6 software package which uses the methodology contained in the 2000 Highway. Capacity Manual. The lane geometry, signal timing, and traffic volumes are entered into the traffic analysis software. The software provides intersection delay and queue data used to evaluate the operations of each intersection. Operational alysis Results Table 3 below shows the modeled LOS for the intersection of Silver Lake Road at 37th Avenue N.E. As can readily be seen from the table, the existing lane configuration operates better and has shorter queue length of vehicles on Silver Lake Road than the alternative: dropping a southbound through lane at 37th Avenue N.E. The key issues caused by removing the southbound through lane are: Increased queue of vehicles on Silver Lake Road southbound approach to 37th Avenue N.E. blocks the Wal-Mart access in the a.m. and p.m. peak hours with the 2027 design year forecast volumes, causing access problems to/from the Wal-Mart parking lot. .wsb6�projccts�Ol53R-03`Trat ic�HC Silvcr (u CR D`060417%Mcmo.doc 1 Memorandum May 16, 2006 Page 5 of 15 Increased queue of vehicles on Silver Lake Road northbound approach, blocking 36 1h .Avenue N.E. Operational Level of Service for the intersection of 37th .Avenue N.E. and Silver Lake Road is an E with 2027 forecast volumes; this is below the LOS D, typically the minimum acceptable rating. Table 3. Intersection Level of Service Silver Lake Road at 37th Ave N.E. City of St. Anthony, Hennipen County/Ramsey County 6 Drop Southbound through Existing Lane Geometry lane at 37th Ave. NE Intersectionth a /® 95 Queue Intersection th 95 /o Queue S LOS SBL - 202 ft SBL - 225 ft AM B B SBT - 126 ft SBT - 274 ft ® SBL - 332 ft SBL - 315 ft PM C SBT - 134 ft D SBT - 298 ft NBT - 388 ft NBT - 455 ft SBL - 217 ft SBL - 344 ft AM B C SBT - 135 ft SBT - 445 ft SBL - 339 ft SBL - 357 ft Pili D SBT - 386 ft D SBT - 465 ft NBT - 483 ft NBT - 556 ft SBL - 260 ft SBL - 377 ft AM B C SBT - 160 ft SBT - 462 ft SBL - 362 ft SBL - 362 ft PM D SBT - 481 ft E SBT - 859 ft NBT - 692 ft NBT - 1037 ft It is desirable to carry two through lanes on Silver Lake Road through the 37th .Avenue N.E. Intersection. The 2027 modeled volumes, with only one southbound through lane on Silver Lake Road, show the following issues: Vehicles will back up in the p.m. peak hour past the Wal-Mart access on southbound Silver Lake Road. Vehicles exiting the Wal-Mart parking lot onto Silver Lake Road will experience significant delays because of the backup on Silver Lake Road. Because of the delay, vehicles may exit the parking lot into the right lane on Silver Lake Road and may merge/weave into the through and left -turn lanes that already have a significant backup of vehicles. This may cause blocking of the right -turn lane and will further degrade the operation of Silver Lake Road -�wsWprojects\0I538-02\Trat%ie\HC SiIver (a CR D\060417`.Mcmo.doe Memorandum May 16, 2006 Page 6 of 15 It is likely that vehicles southbound on Silver Lake Road will try to avoid the long queues and squeeze into the single through lane at the intersection of 37th Avenue N.E. rather than waiting at the end of the queue. This will create safety problems and potential blockage of the right -turn lane. Northbound traffic that backs up on Silver Lake Road south of 37th Avenue N.E. will be longer, potentially blocking 36th Avenue N.E. The queue will be longer with only one through lane southbound because more green time will have to be provided for southbound traffic on Silver Lake Road to minimize the length of the southbound backup on Silver Lake Road. The additional delays and congestion that are expected to occur with only one southbound through lane may cause traffic to cut through the area on local streets in order to avoid the 37th Avenue and Silver Lake Road Intersection. "',w-sb6`1projccts10t538-02`Traftic%HC Silver!u CR D\060417\Mcmo.doc Memorandum May 16, 2006 Page 7 of 15 6M '%\wsb6\projccts\015 18-02\Traffic, HC Silver CR D\060417'Mci-no.doc Memorandum May 16, 2006 Page 8 of 15 WA Nam, M Silver Lake Road @ 37th Avenue N.E. Figure 1A. 2006 AM Peak Hour Turn'Ing Movement Counts 55 Memorandum May 16, 2006 Page 9 of 15 (0 �tiLO NT CO 39th Ave N.C-�. 21 -4 6 38---> A N, Silver h Lake Road @ 37tAvenue N.E. Figure 2A. 2006 PM Peak Hour Turning Movement Counts ..,wSb6,,proiccts'-1 1518-0D\060417'Mcmadoc ANO Memorandum May 16, 2006 Page 10 of 15 77 E" - Silver Lake Road @ 37th Avenue N.E. Figure 3A. 2007 AM Peak Hour Forecast Volumes --wsb&.projeets-01 5 18-01-Traffie-HC Sil','Cr 1C.L CR D'060417'Memo.doc Ah in CO ql;4- 16 N LO CO 64 -.-% 39th Ave N.E�I 123--$ 20 > 168 00 T- m CO CO 77 E" - Silver Lake Road @ 37th Avenue N.E. Figure 3A. 2007 AM Peak Hour Forecast Volumes --wsb&.projeets-01 5 18-01-Traffie-HC Sil','Cr 1C.L CR D'060417'Memo.doc Ah Memorandum May 16, 2006 Page 11 of 15 I Ce) T— M LO NT CO 39th Ave N.E-� ���? =1 157 - 280 4 25.1 iw, T- %-608 <- n 34o X43 37th Ave N.E. Silver Lake Road @ 37th Avenue A.E. Figure 4A. 2007 PM Peak Hour Forecast Volumes b6,,Pro.iccts\Oi-i3g-02Traffic,HCSil,,-crt-I CRD'060417'Menio.doc Wi Memorandum May 16, 2006 Page 12 of 15 MN 39th Ave N.C-�.4e ��' oo� LO M M Silver Lake Road @ 37th Avenue N.E. Figure 5A. 2017 AM Peak Hour Forecast Volumes I.-\4-sb6',prqjects'1 I 538-02'.Traffic�HC Silverw. CR D\060417\ Mcrno.doc AK CO (D CO CD Nr qT �'—1 33 32 ve N.E. . . . . . . . . . . 53 -4 215 A% 39 N 0 M Cn M Silver Lake Road @ 37th Avenue N.E. Figure 5A. 2017 AM Peak Hour Forecast Volumes I.-\4-sb6',prqjects'1 I 538-02'.Traffic�HC Silverw. CR D\060417\ Mcrno.doc AK Memorandum May 16, 2006 Page 13 of 15 do OD CO OD X-- LO M Lt�wl 39th Ave N.64-' 4e � I--2; 0 Silver Lake Road (g 31th -Avenue Figure 6A. 2017 PM Peak Hour Forecast Volumes -',wsb6'pro ccw 01 5'8-02,,TratficIHC Silverw CR D'0604ITMetno.doc sic Memorandum May 16, 2006 Page 14 of 15 T- N rt 00 CO CD 39th Ave N.0-+�. �- �� ,;z 47 M X141 X140 X35 I 37th Ave N.E. Silver Lake Road @ 37th Avenue N.E. Figure 7A. 2027 AM Peak Hour Forecast Volumes I\wsb&projects',01 i)X-02'-TratfietHC Silver tq CR D'060417'Mc(no.doc a Memorandum May 16, 2006 Page 15 of 15 0) LO 0) (Do r— LO qq- 11 39th Ave N.�.EI 1� 1 Voo� 1111�i 315 -4 53---> 245--\j M Silver Lake Road @ 37th Avenue N. Figure 8A. 2027 PPeak Hour Forecast Volumel M WIA Ce) e N.Eff IMEEM 181 -4 322 2971 M Silver Lake Road @ 37th Avenue N. Figure 8A. 2027 PPeak Hour Forecast Volumel M WIA CITY OF ST, ANTHONY HENNEPIN COUNTYMINNESOTA APPROVE PRELIMINARY LAYOUT FOR THE IMPROVEMENT OF SILVER LAIKE ROAD (CSAH 136 FROM ST. ANTHONY BLVD. TO 37 TH AVENUE NE I WHEREAS, the City Council of the City of St. Anthony is the official governing body of the City of St. Anthony; and I WHEREAS, the Hennepin County Transportation Department hasprepared Preliminary Layout No. 3 dated January 30, 2006 (Hennepin County Project 0524 for the improvement of Silver Lake Road (C SAH 13 6) from St. Anthony Blvd. to 37th Avenue NE; and WHEREAS, Preliminary Layout No. 3 is consistent with the City of St. Anthony's Transportation Plan; and NIMEREAS, Hennepin County and the City of St. Anthony will continue to work cooperatively toward the final design, construction and completion of this project; and WHEREAS, Hennepin County has requested City Council approval of Preliminary Layout No. 3 for the Silver Lake Road (CSAR 136) improvements. NOW� THEREFORE, BE IT RESOLVED, that . the St. Anthony City Council approves Preliminary Layout No. 3 (Hennepin County Project 0524 for the improvements to Silver Lake Road(CSA.H 136� 1h JL from St. Anthony Blvd. to 37 Avenue XE and the following: 1. Hennepin County is hereby authorized to acquire all rights-of-way, permits, and/or easements required for said improvements in accordance with Preliminary Layout No. 3. 2. The City of St. Anthony agrees to ban the parking of motor vehicles at all times, and toprovide enforcement for the prohibition of, on -street parking for the non -parking sections of Hennepin County Project No. 0524. 3. The City of St. Anthony reserves the right to approve the final construction plans and Construction Cooperative Agreement prior to the construction of the project. Adopted this 14th day of February,2006. 4ayor ATTEST: City Clerk Reviewed for administration: " City MI'ager 63 F:lCouncil Meetings 120061021420060 ES 06 -027 -Approve Preliminary Layout - 020806.doc City Council Regular Meeting Minutes February 14, 2006 Page 5 Ms. Kvilvang explained the second portion of the bond is the 2004 issuance. She noted they 2 were three-year temporaries. This will be a 15 -year bond as well. 3 4 Ms. Kvilvang said the 1998 GO Improvement and is something that is looked at annually. 5 They were originally issued in the amount of $725,000 and are callable in the amount of 6 $460,000 which matures on February I in the years 2007 through 2014. Current coupon rates 7 are 4.50% to 5.00%. 8 9 Councilmember Stille asked whether the interest rates are built in. He said the refinancing of the 10 $475,000 saves $14,000. Ms. Kvilvang stated it is in our best interest to sell these. She said they 11 do try to have cost savings on the closing costs. She added that there will not be re -amortizing 12 and the length is kept the same. 13 14 Motion by Councilmember Gray, seconded by Councilmember Stille to adopt Resolution 06-024 15 re: Resolution Providing for the Sale of $3,190,000 General Obligation Improvement Bonds 16 Series 2006A. 17 18 oti® carried unanimoust® l 19 20 B. Resolution 06-025; Authorize an increase in the -principal amount of interfund loans for 21 Tax Increment Financing District No. 3-5. 22 Ms. Kvilvang explained that on June 14, 2005, the HRA approved an interfund loan in an 23 amount up to $200,000 for various administrative and capital expenditures in TIF District 3-5, in 24 connection with the Northwest Quadrant Redevelopment Project. The reason for the 25 advancement to this District is that the first increments generated in the District will not occur 26 until 2006 and may not be sufficient to pay for advancements to the District by the HRA and 27 other third party obligations. 28 29 She noted that to date, the HRA has not advanced any funds to the TIF District under the Prior 30 Loan Resolution. However,, the HRA anticipates it will now need to advance funds to the 31 District to pay for various project costs in excess of the $200,000. In order to accommodate this 32 expenditure and future unforeseen expenditures, the interfund loan cap is being raised to 33 $500)000. 34 35 Ms. Kvilvang indicated that the "blanket" resolution is so the HRA will not have to complete an 36 interfund loan every time it is going to expend administrative costs in this district. 37 38 Motion by Councilmember Stille, seconded by Councilmember Horst to adopt Resolution 06- 39 025 re: Authorizing an Increase in the Principal Amount of Interfund Loans for Tax Increment 40 Financing District No. 3-5. 41 42 Motion carried unanimousl 43 44 C. Resolution 06-026, Approve preliminary lay -out for Silver Lake Road. Hennepin County 45 Representatives presentin . 46 Craig Twinem, Hennepin County Transportation Department, along with Commissioner 47 Stenglein presented. M City Council Regular Meeting Minutes February 14, 2006 Page 6 2 Commissioner Stenglein thanked the Council and the task force fortheir personal time into this 3 project. He said the County is doing large things on Lowry Avenue as well. He said potentially 4 there will be a new bridge over the river. 5 6 Mr. Twinem, stated this Resolution seeks preliminary layout approval from St. Anthony 7 Boulevard to 37 th Avenue NE. He noted he met about five times with the task force. The 8 preliminary design evolved through the meetings. The task force was comprised of 25 residents. 9 The plan we will present is a plan that takes into consideration all of the stakeholder ideas and as to well as a road that will swerve the community for 50 years. 1l 12 Mr. Hubmer said a set of values was developed with the task force. There were a number of 13 categories that were important to the task force. The biggest priority was sidewalks on both 14 sides. Followed by utilities, then lighting along the corridor, and then preserving the Village 15 identity and character. The value that received the largest point total by far was sidewalks on 16 both sides. This lines up with the Village statement to create a walkable environment. He said 17 in one of the first meetings with task force they tried to identify the existing concerns today and is what will they be in the future. 19 20 Mr. Twinem said they gave the task force the assignment to look at other roads with similar 21 characteristics to Silver Lake Road. Out of this came design alternatives. K"nowing this would 22 be a two-lane road, we recognized there would be a need to have shoulders. Shoulders need to 23 be 8 feet so it is safe. As the discussion evolved, more of thepeople living on the roadway, 24 chose to go for parking versus an 8 foot shoulder. There are areas at key intersections where we 25 have developed bump outs. They have been 'placed at intersections to shorten thepath for people 26 to cross the street. This will also prevent passing on the right. He said they have he 27 comments from the open house and on comment cards that some people do not like the impact 28 the sidewalk will have. There will be no green space between the curb and sidewalk. There will 29 be a space for utility equipment, snow storage, etc. The sidewalks do not create an additional 30 footprint in terms of the project. 31 32 Mr. Twinem explained as we move down the road from Hilldale to the north fire station 33 entrance, we have developed a lot of right turn lanes. The two lane approach at intersections is 34 safer. 35 36 He went over the project schedule. They will begin the final design in March. A cost sharing 37 agreement will be developed in the fall of 2006. Construction will begin in 2007. Some 38 easement permissions are needed for this project. There will be retaining walls as part of the 39 project to minimize property impact. He noted an initial assessment has been done. He stated 40 they will work closely with power companies to try to bury the lines. There may be a small cost 41 associated with this. 42 43 Mr. Twinem invited questions from the audience. 44 45 Elise Woodhall., 3500 Silver Lake Road, said she does not see the need for an extra turn lane 46 there. As this project is proposed, she will lose all the trees in her frontyard. 47 W City Council Regular Meeting Minutes February 14., 2006 Page 7 I Mr. Twinem responded this is a request for an approval of the footprint only. There are number 2 of private driveways in that location. We didget positive feedback from the Fire Department 3 that applauded the left turn -lane. This will help the fire department get their vehicles in the 4 station safely. 5 6 Commissioner Stenglein asked if the apparatus are on the road often. Mayor Faust responded 7 there is a two -minute response time throughout the city. He added that they also go out and to 8 conduct inspections, likely with smaller vehicles, and there are training S 9 10 Councilmember Horst said this area in front of City Hall is active as far as turning traffic. The I I turn lane was developed for that part of the road only. The initial thought was to have this kind 12 of turn lane up and down the entire corridor, but that was rejected. He added that by 13 consolidating some of the accesses, there will be an increase in the number ofparking stalls off 14 the roadway. 15 16 Chris Swanson, 3027 Silver Lake Road., asked if bus stops will be moved. He has trouble getting 17 out of his driveway in the morning since the busses hold up traffic. He said bump may make 18 traffic back up. He also mentioned that at the public hearing, it looked as though the sidewalks 19 would be 6 feet. 20 21 Mr. Twinem said the comments reflect some of the give and take by the people at the meeting. 22 He stated the bumpouts could impede traffic. They felt the bum outs were a way to make a safe 23 road and prevent from passing on the right. In respect to the 6 foot sidewalk, we aregoing to 24 grade and flatten out the area anyway. We feel is the appropriate width according to a street like 25 this. 26 27 Mayor Faust mentioned that we found children walk three abreast, not two, when walking down 28 the sidewalk. The wider the sidewalk, the safer for the children. 29 30 Councilmember Horst said there was a lot of discussion on the width of sidewalks at the 31 meetings. Five-foot sidewalks were discussed, but found to be too intrusive. They felt the best 32 prospect was to have 6 foot sidewalks. This provides safety and aplace for snow to stack. 33 34 Mr. Hubner pointed out that by widening the sidewalk area, there is a greater chance of getting 35 onto Silver Lake Road. 36 37 Mayor Faust said he has issues with 37th Coming south. He said he didn't like two lanes, but 38 thought the right turn lane would be appropriate. He said he is overall very pleased with what 39 the task force has done. We get one chance to do this every 50 years and would like us toput 40 100% into it. He said he would be open to considering whether this is needed in front of the fire 41 station. He said we should take a look at it as a courtesy.. He added that this was agood design, 42 created in a short amount of time. 43 44 Councilmember Stitle mentioned this is a short time line. 45 ANS City Council Regular Meeting Nfinutes February 14, 2006 Page 8 1 Mr. Twinem said we are behind the 8 -ball. In order to determine the construction limits,, we 2 have to get going on a detailed design. A 3-D model must be generated. We are looking at trying 3 to get this under construction in April of nextyear. 4 5 Commissioner Stenglein explained the last block of road between 36th and St. Anthony 6 Boulevard can be left to look at later. This layout can be approved now in order to get a detailed 7 design going. He stated we must talk with Ramsey County regarding that portion anyway. 8 9 Mr. Twinem added that they can come back to the Council after further discussion with Ramsey 10 County with the final proposal. 11 12 Mayor Faust said he is not concerned to approve the resolution with caveats. We want to see this 13 go forward. We may put caveats on this. We want to do it right the first time. 14 15 Councilmember Horst commented that he feels the engineers will look at this and the Mayor 16 may not speak for the entire Council in regards to the turn lane. He said he is interested in 17 moving traffic along this road. We expect more traffic in the future. He has seen the backups is and is bad many times during the day. 19 20 Councilmember Gray clarified he was on the task force and this was a concern brought u -0 bV 21 people on the task force. He has the concern as well. We will encroach further on the house 's on 22 the west side in order to keep the two lanes. The other thing is when we saw the model traffic 23 was being backed up to 39 1h. Silver Lane is quite a bit further. Initially it was 1,000 feet and it I? A 91h. brought it to 3 25 26 Motion by Councilmember Stille, seconded by Councilmember Horst to adopt Resolution 06- 27 026 re: Approve Preliminary Layout No. 3 for the Improvement of Silver Lake Road (CSAR 28 13 6) from S t. Anthony B lvd. to 3 7Avenue NE 29 30 Councilmember Gray thanked Commissioner Stenglein and County and City Staff, as well as the 31 task force for their work. He said this is a great plan. He noted his concern is with 37th Avenue 32 and that is a small part of the project. He offered an amendment to the motion to include the 33 reduction of lanes south bound to one. 34 35 Motion by Councilmember Gray, seconded b,� Mayor Faust, to amend the motion to add: to 36 include the reduction of lanes southbound 37t Avenue to one, thereby necessitating. a right turn 37 only lane on Silver Lake Road. 38 39 Councilmember Horst stated if this Council is indicating that without a right turn only lane, this 40 is a deal buster and we don't want Silver Lake Road finished, he would vote against the 41 amendment. He said this question has been looked at. Toput this in the Resolution forces them 42 to create a turn lane, and they are saying that cannot be done. 43 44 Councilmember Stille commented there are a lot of rewards that we can acquire by going 45 forward 'such as sidewalks, street lights, corridor connecting the north to the south, bumpouts 46 allowing safer commuting or walkers, burying underground power lines. He said he -agrees with 47 Councilmember Horst in that he is willing to ask engineers to look at that again, but not at the M City Council Regular Meeting Minutes February 149 2006 Page 9 1 risk of j eopardizing the project. If it is a deal breaker, he stated he will not vote for it. If it is a 2 message that says look at this again, he will vote for it. 3 4 Mayor Faust said this is a way for us to get them to look at this. 5 6 Mr. Twinem explained that if 'the amendment passes, it is a one-lane southbound approach and 7 he cannot speak on behalf of Ramsey County. He proposed to look at the layout as shown today. 8 Then it can be determined what the impacts are and it can be brought back to the Council. 9 10 Commissioner Stenglein commented that this issue will come back to the Council., so the 11 amendment is not necessary at this time. 12 13 Mayor Faust stated he does not want this issue to be lost. He said if he can be assured that this 14 will be looked at, he would withdraw his second. 15 16 Mr. Twinem assured Mayor Faust that they will look at it. 17 is Commissioner Stenglein said he would give the commitment that it will be looked at. 19 20 Motion by Councilmember Gray to withdraw his amendment to the motion regarding Resolution 21 06026 re: Approve Preliminary Layout No. 3 for the Improvement of Silver Lake Road (CSAH 22 136) from St. Anthony Blvd. to 37 th Avenue NE. 23 24 25 Motion carrien n oust L. 26 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBER.S. 27 City Manager Mornson reported the following: 28 0 A wireless workshop was held with the Consultant. The School staff and business from 29 the Chamber of Commerce were invited. A feasibility report will be presented at a 30 Council meeting in April. 31 0 Reports on I and I will be presented in April. 32 0 Updates on the new water meter reading will be presented in April. 33 0 There will be two public hearings at the March Planning Commission meeting including 34 one for a variance for parking, and another for a Conditional Use Permit for a hair salon. 35 0 Ehlers will present an update on the Silver Lake Village project in March. 36 0 As there are no items on the agenda for the February 28 Council Meeting, consideration 37 should be given to cancel the meeting. 38 0 An appointment to the North Suburban Cable Commission needs to be made along with 39 an alternate appointment. The next meeting is March 2. 40 41 Motion by Mayor Faust, seconded by Councilmember Horst to appoint Councilmember Hal 42 Gray as the North Suburban Cable Commissioner, and Kim Moore-Sykes as alternate Cable 43 Commissioner. 44 45 Motion carried unanimously. 46 47 Councilmember Stille had no report. We Honorable Mayor, St. Anthony Village City Council and Staff clo: Mike Mornson, City Manager 33 01 Silver Lake Road St. Anthony Village, MN 55418-1699 e® Proposed Ordinance 06-002 —Prohibited Discharges int® Sanitary SewerSystem WSB Project No. 1065-57 Dear Honorable Mayor, City Council and Staff: The purpose of this letter is to discuss the content of the attached Ordinance 06.002, addressing prohibited discharges into the City's sanitary sewer system. This ordinance was created to address the inflow and infiltration (FI) entering the City's sanitary sewers through illicit private connections to the sewer. As you are aware, efforts to reduce FI, have been initiated by the City in attempt to address a sanitary sewer surcharge and potential demand charge imposed by the Metropolitan Council Environmental Services (MCES). The 2006 St. Anthony 1/1 Reduction Plan identified illicit private connections as the primary source of F1 in the City and recommended that action be taken to eliminate such connections. This ordinance provides legal authority to the City so that it can administer a program to eliminate such connections. The ordinance contains the following: • Defines allowable discharges into the sanitary sewer system. • Defines illicit connections to the sanitary sewer that typically contribute to PI. • Defines the proper way to disconnect an illicit connection and states theproper configuration for utilizing a sump -pump. • States that the City has a right to inspect private property for illicit connections. • States that the property owner of an illicit connection must correct the problem within a specific timeframe or be subjected to a utility surcharge enforced by the City. • Allows the City to conduct follow-up inspections to verify that the property remains compliant with these rules. • Defines a city -imposed surcharge of $100 per month and prohibits the issuance of city permits if residents do not allow inspections to be performed by the City or if they do not disconnect illicit connections. • Allows waivers for parcels not able to meet the requirement due to public safety concerns. • Allows property owners a means to pay for disconnection work over 5 years by using an assessment to the parcel. • States that violations of this section are a misdemeanor and could be prosecuted by the City in a criminal court. Minneapo'bi St. CI0U#:IWPWIffiJ065-57ILTR St. Anthony 051606doc Equal Oppo unity Employer Honorable Mayor, St. Anthony Village City Council and Staff May 16, 2006 Page 2 of 2 If you have any questions call me at (763)287-7182, or I will be available at your May 23"d Council Meeting. Sincerely, mj I 70 F.-WPffM1065-57V-TR St. Anthony 051606.doc City of St. Anthony Ordinance 06-002 400-17 Prohibited Discharges into Sanitary Sewer Syste - Subd. 1. No person shall discharge or cause to be discharged any substance not requiring treatment or any substance not acceptable for discharge, as determined by the city, Minnesota Pollution Control Agency, or Metropolitan Council Environmental Services, into the sanitary sewer system. Only sanitary sewage from approved plumbing fixtures may be discharged into the sanitary sewer system. Subd. 2. No person shall discharge or cause to be discharged, directly or indirectly, any stormwater, surface water,, groundwater, roof runoff, subsurface drainage, or cooling water into the sanitary sewer system. Any person having a roof drain, sump pump, foundation drain, unauthorized swimming pool discharge, cistern overflow pipe or surface drain connected and/or discharging into the sanitary sewer system shall disconnect and remove any piping or system conveying such water to the sanitary sewer system. Subd. 3. All construction involving the installation of clear water sump pits shall include a sump pump with minimum size one and one-half inch diameter discharge pipe. The pipe attachment must be a rigid permanent type plumbing such as PVC or ABS plastic pipe with glued fittings., copper or galvanized pipe. All discharge piping shall be installed in accordance with the plumbing code and shall be without valving or quick connections or flexible sections which allow redirection of the sump pump discharge into the sanitary sewer system. Discharge piping shall start at the sump pit and extend through the exterior of the building and terminate with not less than six inches of exposed pipe. Sump pump discharge location and flow shall be consistent with the approved development drainage plan for the lot. The discharge may not be pumped directly onto any public right-of-way unless approved by the Director of Public Works or his designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. Subd. 4. Every person owning improved real estate that discharges into the city's sanitary sewer system shall allow inspection by authorized city employees or the designated representative of the city of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump/ foundation drain, or other prohibited discharge into the sanitary sewer system. Any persons refusing to allow their property to be inspected shall immediately become subject to the surcharge provided in Subd. 7 hereof. a Subd. 5. Any owner of any property found to be in violation of this section shall make the necessary changes to comply with this section and such change shall be verified by authorized city employees or its agents. Any property or structure not inspected or not in compliance with this section by June 1, 2007" shall, following notification from the city, comply within 14 calendar days or be subject to the surcharge as provided in Subd. 7 hereof. Subd. 6. The city reserves the right to periodically reinspect any property or structure to confirm continued compliance with this section. Any property found not to be in compliance upon reinspection or any person refusing to allow their property to be reinspected shall, following notification from the city, comply within 14 calendar days or be subject to the surcharge hereinafter provided for. Subd. 7. A surcharge of $100.00 per month is hereby imposed and shall be added to every sewer billing for any property found not in compliance with this section. The surcharge shall be added every month until the property is determined by the city to be in compliance with this section. The city shall not issue building, plumbing, electrical or mechanical permits for any property that is not in compliance with this section until the property is determined by the city to be in compliance with this section. Subd. 8. The City Council, upon recommendation of the Director of Public Works or his designee, shall hear and decide requests for temporary waivers from the provisions of this section where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the Director of Public Works in writing. Upon approval of a temporary waiver from the provisions of this section,, the property owner shall agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the Director of Public Works or his designee. Subd. 9. If a property owner demonstrates a financial hardship to pay for the disconnection cost of a non-compliant system,, they may petition the City Council to assess the disconnection cost on the property. Under this petition, the property owner must waive their right to a public hearing and waive their right to appeal the assessments. Assessments initiated in this manner and associated interest charges must be paid back to the city within 5 years. Subd. 10. Violation of this section is a misdemeanor and each day that the violation continues is a separately prosecutable offense. The imposition of the surcharge shall not limit the city's authority to prosecute the criminal violations, M seek an injunction in district court ordering the person to disconnect the nonconforming c 0-nnection to the sanitary sewer, or for the city to correct the violation and certify the costs of connection as an assessment against the property on which the connection was made. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. Adopted this day of --, 2001 Attest: City Clerk First Reading: May 23, 2006 Second Reading: e Passag by City Council: Publication in St. Anthony Bulletin: W Mayor REQUEST FOR COUNCIL CONSIDERATION Report Date: May 15, 2006 Meeting Date: May 23, 2006 Agenda Section: V1, D ITEM DESCRIPTION: Make a motion the request to extend the deadline for development agreement between City of St. Anthony and Amcon. rTiANAGER'S REVIEW: Enclosed in the Council packet is a letter from Mr. Robert, Foster re resenting St. Anthony Restaurant Group. In the letter, Mr. Foster is asking for a 30 -day extension to obtain a certificate of occupancy. The Council at the August 23, 2005, council meeting approved Resolution 05-069, which provided the developer the extension to June 1, 2006, to complete construction , obtain a certificate of occupancy to reduce the restaurant size to 4500 square feet from 6000 square feet. In return for the extension and the reduction in size the developer provided the City with a payment of $50,000. I have asked the City Attorney, Jerry Gilligan to provide a legal opinion on this request. As I see it the council has three options: Make a motion to give them a 30 -day extension Make a motion to give them a 30 -day extension with a financial penalty for the extension Do nothing tonight and at the June 13 2006 council meeting evaluate legal OptionswithCityAttorney to hold them to the June Vt date. I have enclosed the following documents from the August 23, 2005, meeting: the City Council meeting minutes; the legal opinion from the City Attorney; and the request from the Developer. Make a motion to extend the deadline for the development agreement between City of St. Anthony and Amcon. Michael rnson ity'Manager FACouncil Meetings\2006\05232006\staff reportamcon.doc WA May 15, 2006 Mr. Michael Mornson City Manager City of St. Anthony 3301 Silver Lake Road S t. Anthon y, iiN- T 5 5 418 Re: Amcon Development Dear Mr. Mornson: J'EROME P. GILLIGAN (612) 340-2962 FAX (612) 340-2643 gilligan.jerome@dorsey.com The City of St. Anthony and Amcon St. Anthony LLC (the "Developer") entered into a Development Agreement dated November 3, 2003, pursuant to when the City sold certain land to the Developer and the Developer agreed, among other things, to construct certain improvements on such land. Included in the improvements to be constructed on the land conveyed by the City was a restaurant (the "Restaurant"). The Development Agreement provides that the Restaurant is required to be constructed by September 1, 2005. Pursuant to Section 2.3 of the Development Agreement, the City was granted an option to purchase from the Developer, the Restaurant site identified in the Development Agreement for $100, exercisable at any time after September 1, 2005) if the lease for the Restaurant has not then commenced or the Restaurant has not then opened the business pursuant to such lease. The Developer failed to construct the restaurant by September 1, 2005 which resulted in a default under the Development Agreement, and in September 2005, the City and the Developer entered into a First Amendment to Development Agreement, pursuant to which the Developer paid the City $50,000 as liquidated damages for the Developer's default under the Development Agreement, and the City extended the required completion date for the Restaurant to June 1, 2006. In addition, Section 3 of the First Amendment to Development Agreement provides that if the Developer fails to cause a certificate of occupancy to be issued for the Restaurant on or before June 1, 2006, the Restaurant site automatically reverts to the City, unless the City elects in writing to waive such reversion. The City has been advised by the Developer that a certificate of occupancy will not be issued for the Restaurant by June 1, 2006, and the Developer has requested a 30 -day extension to obtain such certificate of occupancy. Under the Development Agreement, as amended by the First Amendment to Development Agreement, if such certificate of occupancy is not issued by June 1, 2006, the Restaurant site automatically reverts to the City unless the City waives such reversion. DORSEY & WHITNEY LLP ® WWW.DORSEY.COM ® T 612.340.2600 ® F 612.340,2868 SUITE 1500 - 50 SOUTH SIXTH STREET ® MINNEAPOLIS, MINNESOTA 55402-1498 USA CANADA EUROPE ASIA 7 Mr. Michael Mornson May 15, 2006 Page 2 Should you have any questions, please call me. JP G/pmh Yours Truly J. erdme P. Gillig DORSEY & WHITNEY LLP 7 THOMAS E. BREVER (612) 436-3291 ROBERT J. FOSTER (612) 436-3290 FOSTER & BREVER, PLLC ATTORNEys AT LAW May 2, 2006 VIA i STT ASS MAIL A -,NTD FAX: 612-782-3-31,Y) Mr. Michael Mornson, City Manager City of St. Anthony 3 3 01 Silver Lake Road NE St. Anthony, MN 55418 RE: Village Pub Dear Mike: ERic BREVER (612) 436-3294 Writer's email: rfoster(q-)fosterbrever. com Legal Assistant: DeAnne, 612-436-3297 This will confirm our recent telephone conversation in which I informed you that, due to permit application delays, we will need to ask for a thirty day extension to complete the restaurant and obtain a Certificate of Occupancy. By way of background, the developer, Amcon St. Anthony, LLC, turned the building over to the operator, St. Anthony Restaurant Group, Inc., on or about February 1, 2006. Application was made by the operator to the Health Department on February 10, 2006. The operator did not receive any written communication until March 5, 2006 at which time they received from the Minnesota Health Department a Notice of No Approval and some minor changes that had to be made to the plans. The application was re -submitted and finally approved on March 23. 2006. The applicant was also required to make an application with the State Licensing Department for plumbing and electrical. A plumber was hired and application was made on March 16, 2006 with the State of Minnesota. The applicant paid a double fee which was necessary to expedite the application within a seven day period. The check was not cashed by the State of Minnesota until March 25, 2006. The applicant continued to have numerous problems with the State Plumbing Licensing Department. The Department explained that they had 3,600 applicants this spring. The Licensing Department lost the plans two times and they had to be submitted on two separate occasions. Suite 200 e 2855 Anthony Lane South @ St. Anthony, MN 55418 Fax: (612) 788-9879 www.fos4Qrbrever.com Mr. Michael Mornson Page 2 May 2, 2006 The local plumbing inspector, Devin White, did not move forward with approval of the plumbing plans until he received notification from the State of Minnesota. As a result of the delay, through the State of Minnesota, the entire process has been delayed five to six weeks. Before concrete floor could be laid, the inground plumbing had to be approved by Mr. White. Therefore, the delay in the process of starting any interior construction was delayed for that five to six week period. Because of the delay, construction plans are thirty days delayed. Where the operator was confident that this could be completed by the end of May, it now will be delayed until the end of June. In any discussions with the operator, his plan is to have the Certificate of Occupancy requested and completed by the end of June. He will then train his staff following the 4"' of July with an anticipated opening date in the second week of July 2006. As you will recall, receipt of the Certificate of Occupancy is the triggering event for completion. Pursuant to our telephone conversation, Paul Tucci and I would like to meet you and , discuss this matter on Wednesday, May 3, 2006 at 1:45. If this meets with your schedule, please so advise me. I await your reply. Since s, Oster RJr : dk cc: P. Tucci G. Petersen DORSEY DORSEY &WHITNEY LLP TO: Michael J. Mornson CC: Jerome P. Gilligan FROM: Audra E. Williams DATE: August 14, 2005 RE: Development Agreement with Amcon St. Anthony, LLC and Request by Amcon St. Anthony, LLC for a Conditional Use Permit Amcon St. Anthony, LLC ("Amcon") has submitted an application to the City of St. Anthony (the "City") for a conditional use permit asking that the City allow Amcon to construct a 4,500 square foot restaurant within 250 feet of residential property. The City of St. Anthony has asked for a memo summarizing the issues this request raises in light of the above -referenced Development Agreement. The Development Agreement mandates that the Restaurant (as defined in the Development Agreement) to be constructed be 6,000 square feet in size. Amcon has proposed constructing a 4,500 square foot restaurant and paying the City a fee of $150,000.00 for this failure to satisfy the terms of the Development Agreement and to compensate the City for the resulting loss of tax revenue. The City has previously granted a conditional use permit to Amcon for construction of a 6,000 square foot restaurant at this location. The site plan has been revised so that the 4,500 square foot building will be moved further to the east than previously contemplated for the larger building, thus requiring another conditional use permit. The City is under no obligation to issue the requisite conditional use permit pursuant to the Development Agreement. In addition to the conditional use permit, Amcon has asked that the City agree to amend Development Agreement, documenting the revised requirements for the Restaurant. In addition to the square footage requirement, the Development Agreement also required that the Restaurant carry a liquor license, provide charitable gambling, and be bound by lease not later than September 1, 2004. Amcon has failed to lease the Restaurant to date, and the City will have an option to purchase the restaurant pad from Amcon for a purchase price of $100, beginning on September 1, 2005 and continuing until a lease is signed. By amending the Development Agreement as Amcon has requested, the City is waiving its option to purchase the Restaurant parcel at a bargain price. It may also be waiving any remedies it might have with respect to specific performance under the existing agreement. 4839-6656-307211 8/14/2005 4:31 PM W DORSEY & WHITNEY LLP FIDAN - B&dderr a1•tat,� : Erea'to df value. ' : ; ; ; ` ' .. ti . , • - ' ; ' - : . ' 5125 -OUNTY RaA ,101• .:• #.IOO: 'Mlk NETCD) :IvI:N 55345 ' FH �E: '�'S2FAX..-.'9.52/294_ ` ' L ; " ,• o /294-0.3 3 ' ® -0151 WEB: W-MV.'opp dan.coM July♦6� 201/5 ' '• `{ ', (. : r •M4./1 .+..1i4Ji1••Mo•or • •' •"•r •,' ' .. '`' Lr (' .,,• I ' •' I\' '' •'.r,+,'',•-, -•'• '.•, ••,�••" •• • •, '• •.'r •''-.(.• • '`'' ,I ' i`,. e-S.ykes-P78 Ass' stant'C, M/ nager •t.- ^ . \ : C1Ly of ►)t: Antro y. i. : , •' : ' 33.01 'bilver Lake Road +: St; Ahthon , MN •55418' 1699 :RE: .RequestAb-Atnend Develop rrient Agreement . St: Anthonylvll age. enter Am.' St. Anthony �.�,C . .' Dear Tlns shall.serve.as a� re uest'of the City of Sty Anthonyo amend the Development velopment�A'greementr - : dated`Nover ber 3., '2Q03', by 'an. between, An con St ,.AAntho y;.LLC (66Amcon"} 'as develdper a •th' "Clty of St. Anthony (6G +ex3 , . .. t'. - • �� . . � 1 L. � . • .�� .. , The:•request is -0' aa mend the,�.eeznent for•ihe follow�ng.itezns:: ,Modify the puns to teflect..the n' w�Slte P.laii6for the 'it. re-site; Landscaping for the .. - site and .. e * .:1W. 'b it ... - " . 1 L ' : 0.1' I. : . _ h e u dlnb elevation'for'th6 outbu lc ng on -the' northern" oint' of the ' oent.er.. ' Modify the' dates in the agr":' eement to allow for the% construction to begin this late sui=er" early' fall (Sept' ct,,.20`05•),:o'-the outbuilding Modify the document to -allow for the rest•aura.nt with liquor to.be 4,5GO:s,•f on the out. g °es an a t.' ii e °e u 'red't.o nay a n'a . iUM11 hod ' o 'salee :''.T °s, it ' be done a.n p• f� '•t®: a��tai a' "x°estau�a�t" an ( " not . ' • ' . � ..' . pry pie a. �ba�, � • Ir : .. .. .. :' :.. ' •, L . ' .' '. L . ,. ' . • ' .:' . • • ,' • ; . ;•. .. .. . � . 16 El'nriate`the City , s .recapture rght.'zf .the outbuildingis sub stantial cqxn Tete w r ( ( y p within 8 months'of the C1ty. approving the m` odification.and zs iing-a �uildi i ez zt';fo the.' t�utbullding.: 'I eveloper-wvi11 subfii t plans.to'the Cit' for e ttin within �-o. da C. of finalzty:;approval_ of the.nodiica��on' and.azx�endment"to:'the'Develo went •' , • .. ' ;Agl'eelZl e17 L... ; , r ' , .. ' • .(.. - . :. • ^ , , . z�'h �pe°to°� iea:se,sp'ace'to t� t: t T.'Sports _ ... ny. Sp + • : :ass® civ°, the :®e°at0°wiHve: �fi6'�'cei t��'ea�.e z e : ' ods e.r� ff the p ii•ta: 'o e�°atio' is d t'**t e* .- atf6* �' ' fo" .b`I :` 'the'5G -nu-nimu_m--' a this is :anff6rt to ai taro the space -.se as •a'°�s°ani - ` 4d . of •a: ba'. T1'ehU.•VeL :r ` ,. - '• •- r` ,•..• - .f .• - ,...• •'a � v � � ' •• p oc.essecl applieatios for. the propose n�odcation to' the st:e Tans a licatla • - :: . • .• : was��heard on ' ' '' � � • ` • ' � � • � ' • p ' •�: - pP ,•• - ' n. � L" � � � � - • ' •' • •.' • a.conceptual basis" n front off°the P anning..Cer=ssian ort' April 19.' a Ad�itlonall ^L t, Y s9 we have subz utt ,a, the'fo dowing.: :. ': ' _ : ' ' . • - ' ' : ' '. - _ ' : ' •• , •: ., ,' L ,CO ' dit1011a.. •US•e Pe - J . • rmit: for' a re8•taurantr•,within' 25'0 f6d-. of a residen:tral U"se",. Pelifioiy for'vanance for Paxkzng•ori the- P&rtion f6r Vmid ?,de f6r Budd.. ing Setback, bliuttalshaEach of the above suas.bn° f narratv-' n; ..eluded with -it.. . . • - - Y, , Generally, the ov:erall•site has i>^ iprdved::The. total �s'°�/J,(1care foots e o� he -e Lire site;has.decreased froom 26,000 s.f..to 24,500 's.f. • Landscaping green area is approximately 1%'greater• we aro, ; coordinating our- land scaping :with'the Cit I ' ' d ca e lan fog• the ri t-of-mat(/Y meas to insure a cohesive plan for the site. Paving is••basically the same as before. Parking;. although a,ariance is ,. . still needed; has irriprovea:. - : ' Previously, parking, based bn what' I understand,of the size'• of •the revious' restaurant a ok. - . .225• seats) az Cit .codes; woald hdv�e required,a variance ©f ap ro=a,e1y-*5o stalls. If .Terser Mike's was `adored inthat woufd increase to ap rox rnatel � .-60'stalls. The new ' -counting Jersey Mike. s as a restaurant and p�lacnig a• 4500 s. -f.' 160 seat restaurant an the endcap;, would, require"a•.variance' of 41:,stalls' :. Overall;•'�ve feel that the new. Site Plan and Restaurant -size are'rnore conducive f6fthe property', ••Parkin is ' ... ... , .. .... . , ' ' ... .:. • ... ' • • � :. -• • . g ;:by our calculations; closer to meeting_.0 re uirern.ents. Previous a rovals* ahead ha . e allowed a restaurant with�n'20 feet,of residential and have all for. the burldrng setback variance, .The proposed building •position. lessens the 'neea. fog• the buildin g setback variance' ,. The building is designed to look Tike a four-sided building, Thus enhancing the -views 'to - - reside'ntial. and•the ..Gate.wa " corner o*f the city..' - We look forward to working with the City �of :St.- A. ihony on this' ameridrn,ent ;A�s alwa s, lease ' Y P feel. free- to, contact me- with'' question s you rn ay have on this request. aul J. Tuc - . Grizala iledina.:' Jim winkels - • - ' - ♦ . Mike Supina • 's ,• � - -, '` •• ♦• �`• ••• _ , l • :• •• .♦ '' , '•. '• - •'• • /. ,r •• •• r. '. •f,• . '•� �' •' \••' a ••I •, ♦ .•• ♦'• L• , ,.. f04! 1 I` • AMENDMENT BETWEEN OF ANTHONY WHEREAS, the City Council and Amcon St. Anthony, LLC mcon") entered into a Development Agreement dated November 3, 2003, for the area known as St. Anthony Marketplace (the "Development Agreement"); and WHEREAS, the Development Agreement obligated Amcon to construct a 6000 square foot restaurant on a particular out lot with a lease commencement date not later than September 1, 2004; and WHEREAS, in June 2005, Amcon requested an amendment to the Development Agreement changing and reducing the 6000 square foot restaurant on the out lot to a 4500 square foot retail center, and a payment of $150,000 in lieu of lost future property tax revenue, which request was denied by the City Council; and WHEREAS, on August 16, 2005, Amcon presented the planning commission a plan with a 4500 square foot restaurant on the out lot instead of the proposed 6000 square foot restaurant; and WHEREAS, construction of the restaurant is proposed to commence late summer/ early fall 2005; and WHEREAS, the developer will compensate the City of t®nthon$50,000 y upon execution of the amendment of the developers agreement; and 'IT!'MEREAS, the building is to be completed and have a certificate of occupanr% by June 1, 2006, or the city has recapture rights of the property. I THEREFORE, R t amendment to the Development Agreement with Amcon 1 allow for a 1square restaurant on out lot W Adopted this 23rd day of August, 2005. '(Mayor ATTEST: --- City Clerk Y � .e Review for Administration: � .�...._ Ci y Manager W City Council Regular Meeting Minutes August 23, 2005 Page 6 1_k'_�ah c I are driving, they can see the lig omin out but won't be able to see in. The canopies will 2 match as well as the wall sconces. It will-giv-p the feeling that it is a four-sided building. 3 4 Mayor Faust noted that without the amendment to thee"°Dev. eloper's Agreement, the variances are 5 needless to approve. He stated thesb'�' request should be held., --,.-The request for the Amendment to 6 the Developer's Agreement, Item" VII. A. must be moved up to the, next item for discussion. 7 8 VII. GENERAL BUSINESS OF COUNCIL 9 A. Resolution 05-069; Amendment to developer's qgreement with Ameon St. Anthony. 10 Mr. Mornson explained a letter was presented to him before the meeting that states the applicant 11 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. 14 15 Councilmember Horst questioned if the agreement is amended as stated, whether the developer 16 would have eight months to complete the project with the same kind 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. 19 20 Councilmember Horst said that based on the track record, it should be included. Mr. Mornson 21 said that if the Council chooses to proceed on that, it should be included in the motion and 22 specific terms should be noted. 23 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 tax 29 implication was and determined the amount of $ 50,000. The taxes should have already been 30 paid for a year on this project. 31 32 Mr. Tucci explained in regards to landscaping with this building they have an 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 a restaurant, so they now arrived at a size 40 of 4,500 square feet. He said they will specify in the lease that a 50150 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. 44 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. M City Council Regular Meeting Minutes August 23, 2005 Page 7 2 Mr. Guy Peterson, applicant, said the restaurant will look more like an Applebee's. He noted 3 that a 50% food/liquor ratio must be kept by St. Anthony ordinance. He said his goal is to have 4 the building look like a restaurant and not a bar. 5 6 Councilmember Horst said he is concerned about it being in a shopping center location. In the 7 last discussion you were planning on a pub atmosphere. Now, it is planned to look more like an 8 Applebee's. He asked how he -plans to accomplish that, and how much will be spent for the 9 interior improvements. Mr. Peterson responded the interior will cost approximately $300,000. 10 The bar seating is very small. The inside will be very open and lighted. He said by contrast, the 11 Jackson Street Bar & Grill has a long bar. He said they never proposed to put a Jackson Street 12 Bar & Grill there. He further noted they were limited to what they could put in the Jackson f 1-4 - 113 Street 'bar and I t Will 'because it was an old hardware store. 14 15 Councilmember Horst said he was concerned that it should look people friendly. He said 16 $300.,000 seems like a low budget. Mr. Peterson said he will do a lot of the work. He agreed the 17 amount is on the low end. He said he will do a lot of work themselves because they are also a 18 construction company. 19 20 Mr. Tucci added that Mr. Peterson's $300,000 is above what they are putting into the base 21 building. 22 23 Councilmember Horst asked if they have an idea of what the restaurant will look like. Mr. Tucci 24 answered they do. The upgrading of the HVAC, electrical, etc. is all in the basic package. For 25 this type of operation, $300,000 is on the low side, but with Mr. Peterson doing their own work, 26 the amount is average. 27 28 Councilmember Horst said he was concerned that it will look cheap with cheap furnishings. Mr. 29 Peterson said the inside will be all wood. 30 31 Councilmember Horst said what he saw at the Jackson Street Bar and Grill is not up to the City's 32 standards. He said he wants to see this location be more upscale. 33 34 Mr. Peterson said there will be dark redwood inside and it will be a more upscale type restaurant. 35 He offered to provide samples. He added that the floor will be 12" x. 12" ceramic tile. 36 37 Councilmember Gray pointed out that the proposal states the operator would have the option to 38 cancel the lease with the Sports Boosters if it drives the food ration below the 50% minimum. 39 Mr. Peterson said if they are under 50%, they would not be operating. 40 41 Councilmember Gray asked how that would be determined. 42 43 Mr. Foster said it seemed clear that the concern was this be an upscale restaurant. He stated that 44 one of their concerns was that including the pull tab operation in there is historically in other 45 places more of a bar crowd than a restaurant crowd. He said their first priority is to have this be 46 a restaurant rather than a bar. If it is a successful pull tab operation, this may cause it to be more 47 of a bar than a restaurant. He said they were caught in a Catch-22. The priority will be to make W City Council Regular Meeting Minutes August 23, 2005 Page 8 1 this a restaurant and as a result, they were concerned that the pull tab operation may suffer. He 2 said they felt they had to choose to stress the restaurant. 3 4 Mayor Faust said if this were the original plan we wouldn't be here discussing this. He said the 5 Catch-22 is one they created. The developer brought that on themselves. 6 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. 10 11 Mayor Faust commented that restaurant operations at 6,000 square feet do not have the issue of 12 bar vs. food issues. 13 14 Councilmember Horst stated the issue ofpull 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 17 pull tabs will be in the location is part of the agreement at all. 18 19 Mr. Tucci said he drafted that letter. He wanted to make the point that when he negotiates the 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 first. He 22 offered to change the language. 23 24 Councilmember Stille stated all Councilmembers are familiar with the Jackson Street Bar & Grill 25 in Anoka. He asked what other restaurants Mr. Peterson owned. Mr. Peterson replied they have 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. 28 29 Mayor Faust asked if the basement is used at the Jackson Street Bar & Grill. Mr. Peterson said it 30 houses the office, walk in cooler, and the freezers. 31 32 Mayor Faust asked if the other bar they own is the SR®. Mr. Peterson confirmed it is. 33 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. 38 39 Mayor Faust indicated there are two proposals for the amendment; one to approve the change to 40 the Amendment and one to deny. 41 42 Discussion 43 Councilmember Horst stated the City has been working on this for almost two years. Amcon has A r 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 time this AN, City Council Regular Meeting Minutes 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. 3 1 1 1 1 4 Councilmember Stifle 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 come 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. He 9 would encourage this applicant to participate in the RFP. 10 11 Councilmember Thuesen said he was glad to hear this would be a neighborhood restaurant vs. a 12 neighborhood bar. He said this cannot be emphasized enough. The establishment being run in 13 Anoka is a different time and place, and he said he is willing to recognize that. He said he 14 believes the operator that wants to build this establishment understands what we are looking for. 15 This process to this point has been painful. He said he is leaning toward approving this 16 operation. He added that he thinks the potential is there for a neighborhood restaurant. 17 18 Councilmember Gray agreed with Councilmembers Horst and Thuesen; he said he thinks it is 19 time to get going. He said he likes the concept and believes it will be a good neighborhood 20 restaurant. This is within walking distance from many residential units and apartments. He 21 noted he has heard from apartment residents that they would like to have something to walk to. 22 The developer is willing to pay the difference on taxes, and he thinks the Council should 23 proceed. 24 25 Mayor Faust indicated he did not feel an obligation to do anything for the sake of speed. He said 26 there is a reason there is a Developer's Agreement. We are at the 11th hour of the second 27 extension with the Developer's Agreement. He stated he didn't find that Amcon, or whomever 28 the operator is has been forthright with the Council. He said he would like to see what is out 29 there as well. He said he doesn't doubt Mr. Peterson's ability to do what he does. Jackson Street 30 Bar and Grill is a bar and SRO is a greater bar. He commented he heard that 6,000 square feet is 31 the size needed to run a restaurant with a liquor operation. He said he has been told that 32 Applebee's has a 6,000 square foot building. He indicated that 3,900 square feet on the main 33 floor plus a basement is used for the Jackson Street Bar, so it is evident he uses more than 4,500 34 square feet at that location. He also stated there has been time to provide sketches since June. 35 This Developer's Agreement has been trusted for two years. Now he said he would be inclined 36 to take possession of the land and would prefer to direct the City Attorney to do that. 37 38 Councilmember Horst noted that when this proposal was first created, it was because the City 39 went out for bids for proposals. No one came forward right away. The first company that came 40 forward was rejected due to a report by Ehlers. Ehlers found other developers that were 41 interested, including Amcon. Amcon is one of the top developers in the Cities and they are well 42 respected. He said he cannot explain the lack of communication in this project, but he said he 43 has faith in this operation. He said that if bids are requested again, there may not be a response, 44 and time will be wasted. He would like to keep this good partner. He said the City should stop 45 adversarial looking at Amcon and work with them. 46 M City Council Regular Meeting Minutes August 23, 2005 Page 10 1 Mayor Faust said that the reason there is a Developer's Agreement is because it is adversarial by 2 nature. He stated that we have not wasted time; they have. He said he is not willing to settle. 3 He added that it is a 6,000 square foot parcel by the Developer's Agreement and not 4,500 4 square feet. 5 6 Councilmember Stille said we could put the project back out there. The market may dictate that 7 a restaurant does not belong on that site. He said he would like to see what the market says. 8 9 Councilmember Horst said the fact that no one else wants to put a restaurant on that site doesn't 10 mean a restaurant doesn't belong there. It mean's to him that no one wants a 4,500 square foot 11 parcel. He said we have gone far down the road with this group; let them finish their work. 12 13 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 069, re: Amendment to the Development Agreement between City of St. Anthony and Amcon, 15 LLC. with payment of $50,000 to the City upon issuance of a permit. 16 17 Councilmember Thuesen requested clarification of the issue in front of them. is 19 Mr. Tucci explained the $50,000 payment is upon execution of the amendment. He said they 20 would have approximately six weeks to file for a building permit and then eight months from the 21 approval of the permit to get the building done. If this is approved tonight, he said they are ready 22 to start the plans tomorrow. 23 24 Councilmember Horst asked if he was publicly stating that should this Developer's Agreement 25 be amended, he will lease this and it will work out. Mr. Peterson confirmed it will work out. 26 27 Mr. Mornson suggested specific dates be included in the Developer's Agreement. He reminded 28 the Council and the applicants that they must apply for a liquor license. 29 30 Councilmember Horst suggested removing the "whereas" point on the Resolution regarding the 31 pull tab operations. This point is in the Developer's Agreement. 32 33 Councilmember Stille raised the issue of the sixth "whereas" point regarding the issuance of 34 issuance of a building permit. Mr. Gilligan stated the building must have a certificate of 35 occupancy by June 1, 2006 and the Resolution should be changed to reflect this. 36 37 Ayes — 3, Nays — 2 (Stille and Mayor Faust). oti® carried® 38 39 D. Consider Resolution 05-066, re.- Adopt Variance for building setback Amcon St. Anthon 40 (continued). 41 Motion by Councilmember Horst, seconded by Councilmem be . r Thuesen, to adopt Resolution 42 05-066, re: Approving a variance for building setback fart e development located at 2900 43 Kenzie Terrace, 44 45 Ayes — 3,, 1, a 2 (Stilk- -anda orFaust), oti® carfled. O-Tw7jr• Report Date: May 15, 2001 Agenda Section: V1, E Meeting Date: May 23, 200q,, ITEM DESCRIPTION: Resolution 06-054; Acknowledging the Gambling Activity by the Lions Club of Northeast Minneapolis at the Village Pub, located at 2714 Highway 88. In the developer's agreement with Amcon it indicates that there would be charitable gambling on the premises continuously for so long as such lease is legally permitted at the restaurant. With Village Pub opening soon, the Lions Club of Northeast Minneapolis will be fulfilling this stipulation. The profits from the gambling operations will be distributed 50% after the first $1,000 with the St. Anthony Sports Boosters, St. Anthony Chamber and the St. Anthony Lions Club. Resolution 06-054; Acknowledging the Gambling Activity by the Lions Club of Northeasi Minneapolis at the Village Pub, located at 2714 Highway 88. Michael Mornso City Manager j FACouncil Meetings\2006\05232006\staff reportgambling.doc 89 'If."IITY OF ST. ANTHONY VILLAGE RESOLUTION 06-054 ACKNOWLEDGING GAMBLING LEASE rayl OF NORTHEAST MINNEAPOLIS AT THE VILLAGE PUB LOCATED AT 271A HIGHWAY 88 WHEREAS, the City of St. Anthony entered into a development agreement with Ancon Corporation on November 3, 2003; and WHEREAS, the development agreement stated that in the lease for the restaurant unit it shall require the tenant to offer charitable gambling on the premises continuously for so long as such lease is legally permitted at the restaurant; and WHEREAS, the Lions Club or Northeast Minneapolis will share profits on a 50% basis after the first $1,000 in profit with the St. Anthony Sports Boosters,, St. Anthony Chamber and the St. Anthony Lions Club; and WHEREAS, the Lions Club of Northeast Minneapolis has secured a lease with the Village Pub. NOW THEREFORE IT BE RESOLVED that the City of St. Anthony acknowledges gambling lease by the Lions Club of Northeast Minneapolis at the Village Pub located at 2714 Highway 88. Adopted this 23rdday of 2006 City Clerk FACouncil Meetings\2006105232006\charitable gambling.doc 90 riw �!x Application I L.:G214 Premises Permit r The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling actNitie:,s in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the Information requested, the Board will be able to process your application. This form may require the disclosure of your salol security number. If so, yoursodal security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your social selcurityy number is found at 42 U.S.C. 405 (c)(i). Your name and address will be public information when recelved by the Board. All the other information that you provide will be private data about you until the Board issues Acknowledgment and Oath your premises permit when the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your social security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the Information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your consent. I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; S. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments._to.them;.._. . 6. Any changes in application information will be submitted to the. Board and local unit of government within 10 days of the change; and 7. I understarid that failure to provide required information or providing false or misleading information may result in the denial or revocation of the lir se. ignature of Chief Executive Officer (Designee may not sign) Gate Print name Stephen Peterson Required Attachments 1. If the premises is leased, attach a copy of your lease. Use form LG215 Lease for Lawful Gambling Activity. 2. Attach the resolution from the local unit of government (city or county) which dhows approval of your application. 3. For each premises permit application, a $150 annual premises permit fee is required. Make -the check payable to the "State of Minnesota." Mail the application with attachments to: Gambling Control Board 1711 west County Road B, Suite 300 South Roseville, Mid 55113 Where is a monthly regulatory fee of 0.1% (®001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the GI Lawful Gambling Monthly Summary and Tax Return and paid with the monthly fax reports Questions? Gall the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651.-639- 4000. This form will be made available in alternative format (i.e. large print, Braille) uvon request Min.n.esota Lawful Gambling -5/06 ® Page I of 2 LG215 Lease for Lawful GamblActivity Check applicable Rem: X 1. Lease for new application. Submit with new premises permit application. 2. Renewed lease. Submit with premises permit renewal. 3. New owner. Submit new or amended lease within 10 days after new lessor assumes ownership. Date effective 4. Amended lease Check the change(s) in lease: Rent Premises name Booth/bar -Activity change Other Both parties must initial and date all changes. Submit changes at least 10 days prior to the change. Date that changes will be effective I J Organization name License number Daytime phone Lions Club of NE Minneapolis 02677 612-789-8171 Name of leased premises Street address city State Zip Daytime phone Village Pub 2720 Highway 88 St. Anthony M 55418 612-788-9680 Name of legal owner of premises Business/street address city State Zip Daytime phone Amcon St. Anthony, LLC 3120 Woodbury Drive #l0 Woodbury MN 55 125 651-735-2887 Name of lessor (if same as legal Business/street address city State Zip Daytime phone owner, write in "SAME") St. Anthony Restaurant Group, Inc. 2720 Highway 88 St. Anthony MN 55418 612-788-9680 Check all activities that will be conducted: X Pull-tabs Pull-tabs with dispensing device X Tipboards X Paddlewheel Paddlewheel with table Bingo Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold, — — — — — — Does your organization OR any other organization condoct, gambling L _..w .� ..yfrom a booth operation at this location? Yes No .._. ___. ___. ._...__. �. -J If you answered to the question above, rent limits are If you answered to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation I - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises, per month for all organizations at this premises. Complete one option: Complete one option: Option A: 0 to 10% of the gross profits per month, Option A: 0 to 20% of the gross profits per month, Percentage to be paid _% Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ a to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month may be paid on the first $4,000 Option C: $0 to $200 per month may be paid on the first $1,000 of gross profit. Amount to be paid $ 400 plus o% to of gross profits. Amount to be paid $ a Plus 0% to 10% of the gross profits may be paid per month on gross profits 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid 10 % over $1,,000. Percentage to be paid % Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful T Option F: No rent may be paid for bingo gambling activities held during bingo occasions, excluding bar bingo. conducted in a bar, Percentage to be paid .% Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by New Bingo Activity the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $_ per square foot. For any new bingo activity not previously The lessor must attach documentation,, verified by the organization, to included in a Premises Perm It Application, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. W LG215 Leas'e for Lawful Gambling' Lease germ - The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited --rhe owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period determined by the Board for violations of this provision. ® To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3, ® Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules 7861,0050, Subpart 1, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 9 The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not participate. 5/06 Page 2 of 2 Other Prohibitions ® The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling -related equipment and services or in the use of net profits for lawful purposes. • The lessor, person residing in the same household as the lessor, the lessors immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Access to permitted premises - The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor, The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent all-inclusive - Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual, Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this [ease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. List or attach other teras or conditions (must be approved by director of Gambling Control Board) This leasy, t mated with 90 d written n 'cp by 'cher y. Sign ure lessor Date Signature of organization official (lessee) Date Guy Peterson President Steve Peterson, CEO Print name and title of lessor Print name and title of lessee Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639-4000. This publicati will be made available in alternative format (i.e. large print, Braille) upon request. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. .......... 41 Certified Public Accountants and Consultants REPORT ON COMPLIANCE WITH MINNESOTA LEGAL COMPLIANCE AUDIT GUIDE FOR LOCAL GOVERNMENT To the Honorable Mayor and Members of the City Council City of St. Anthony, Minnesota We have audited the financial statements of the City of St. Anthony, Minnesota, as of and for the year ended December 31, 2005 and have issued our report thereon dated April 7, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government promulgated by the State Auditor pursuant to Minnesota Statutes Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City of St. Anthony, Minnesota complied with the material terms and conditions of applicable legal provisions, except as This report is intended solely for the information and use of the City of St. Anthony, Minnesota's City council and management and is not intended to be, and should not be, used by anyone other than these specified parties. A14q7'e A 42C""041 DLI ?V4 HLB TAUTGES REDPATH, LTD. White Bear Lake,, Minnesota April 7, 2006 4810 White Bear Parkway White Bear Lake, Minnesota 55110 651 426 7000 651 426 5004 Fax www.hlbtr.com 1303 South Frontage Road Suite 13 Hastings, Minnesota 55033 651 480 4990 651 426 5004 Fax HLB Tautges Redpath, Ltd. is a member of Im International, a world-wide organization of account- 95 and business advisors. Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Government Page 2 Oiteria: Minnesota statutes require that the payroll register include a declaration that the payroll is correct to the best of the payroll clerks knowledge. MS 412.271, Subd. 2 reads in part as follows: Subd. 2. Claims, payment. Except for wages paid on an hourly or daily basis, where a claim for money due on goods or services furnished can be itemized in the ordinary course of business the person claiming payment, or the claimant's agent, shall prepare the claim in written items and sign a declaration that the claim is just and correct and that no part of it has been paid; but the council may in its discretion allow a claim prepared by the clerk prior to such declaration by the claimant, if the declaration is made by an endorsement on the order -check by which the claim is paid as provided below. Whenever work for which wages are to be paid on an hourly or daily basis is done by employees of the city, the clerk shall keep a payroll giving the name of each employee and the number of hours or days worked by each and the timekeeper, supervisor, or other officers or employee having knowledge of the facts shall sign a declaration that the facts recited on the payroll are correct to the best of the declarant's information and belief; and when any claim for wages listed on a payroll is paid, the employee shall sign a declaration, which may be a part of the payroll, to the effect that the employee has received the wages and done the work for which wages have been paid. The declarations relating to claims or payrolls shall be in substantially the following form: I declare under the penalties of perjury (here, insert, if claimant: that this claim is just and correct and no part of it has been paid; if timekeeper, supervisor, officer or employee having knowledge of *the facts; that to the best of my information and belief the items of this payroll are correct; if employee who has been paid: that I have received the wages stated on this payroll opposite my name and have done the work for which the wages were paid. Date Signed The effect of this declaration shall be the same as if subscribed and sworn to under oath. T deport on Compliance with Minnesota Legal Compliance Audit Guide for Local Government Page 3 Condition The payroll clerk does not sign a declaration that the payroll to the best of his/her information and belief is correct. The following statute, in effect, establishes internal control procedures for the City. Cause: The City has not implemented procedures to ensure that the payroll clerk is signing the declaration for each payroll register. Effect: The effect of noncompliance is not determinable. Recommendation: We recommend the City consider altering procedures to comply with Minnesota Statute 412.271. Management's Response.- The City has implemented procedures to ensure that the finance director will review and sign a declaration for each payroll register. Upon examination of the payroll register and prior to the checks being printed, the finance director will sign and date the payroll register. t<.sport on Compliance with Minnesota Legal Compliance Audit Guide for Local Government Page 4 Page Finding: Lack of Resolution Accepting Gra• nts Criten*a: Minnesota statutes require that all grants or devise of real or personal property accepted by the City be by resolution. MS 465.03 reads in part as follows: ®3 its to municipalities. Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance, with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full. Condition,-, Grants or devise of real or personal property are not being accepted by the City by resolution. Cause: The City has not implemented procedures to ensure that all grants or devise of real or personal property are being accepted by the City by resolution. Effect: The effect of noncompliance is not determinable. Recommendation.- We recommend the City consider altering procedures to comply with Minnesota Statute 465.03. Management's Response: The City has implemented procedures to accept all grants, gifts, donations or devises of real or personal property be accepted by the City council by resolution. The resolutions will be approved at a regular council meeting and be kept on file in the City clerk office. M Tautges Redpath, Ltd. Certified Public Accountants and Consultants REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS To the Honorable Mayor and Members of the City Council City of St. Anthony, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of St. Anthony, Minnesota, as of and for the year ended December 31, 2005 which collectively comprise the City of St. Anthony, Minnesota's basic financial statements, and have issued our report thereon, dated April 7, 2006. We conducted our audit in accordance with auditing standards generally accepted in the, United States of America and the standards applicable to financial audits contained in Governrnent Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting no In planning and performing our audit, we considered the City of St. Anthony, Minnesota'. internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the, internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operad'on of the internal control over financial reporting that,, in our judgment, could adversely affect the City of St. Anthony, Minnesota's ability to record, process, summarize and report financial data consist with the assertions of management. in the financial statements. Reportable conditions are described in the accompanying schedule of findings as items 2005-1 thru 2005-6. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the 4810 White Bear Parkway White Bear Lake, Minnesota 55110 651 426 7000 651 426 5004 Fax www.hlbtr.com 1303 South Frontage Road Suite 13 Hastings, Minnesota 55033 651 480 4990 651 426 5004 Fax HLB Tautges Redpath, Ltd. is a member of fil International, a world-wide organization of ac 99 business advisors. Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Page 2 internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, of the reportable conditions described above, we consider items 2005-2 and 2005- 03 to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of St. Anthony, Minnesota's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we, do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We also noted certain additional matters that we reported to management of the, City of St. Anthony, Minnesota in a separate letter dated April 7, 2006. This report is intended solely for the information and use of the City of St. Anthony, Minnesota's City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties. on /610V to 7a` -4/i AR"f ak HLB TAUTGES REDPATH, LTD. White Bear Lake, Minnesota April 7, 2006 Report on Internal Control over Financial Reporting and on Compliance and other batters Page 3 Criteria: Generally, a system of internal control contemplates separation of duties such that no individual has responsibility to execute a transaction, have physical access to the related assets, and have responsibility or authority to record the transaction. Condition: Utility bills are produced, payments are collected, and receipts are posted to the utility system by a single employee. There is no documented approval process for adjustments to the utility billing system and exception reports are not being created and reviewed for errors within the system. Additionally, disbursements are entered into the accounting system, checks are written, and checks are mailed by a single employee. Cause: The condition is due to the limited number of staff and is common to cities of this size. Effect: The lack of ideal segregation of duties subjects the City to a higher risk that errors or fraud could occur and not be detected in a timely manner. Management ,Response: The City does their best to try and rotate or fill in for the different areas. The City is taking steps to ensure that all adjustments that are made for utility billing are approved and reviewed for accuracy by the Public works Director. The City will also review exception reports throughout the year for any potential errors, corrections or adjustments. W Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Page 4 2005-2 Lack of Timely Reconciliation of AccountI. Criteria: Throughout the year there should be proper reconciliation of accounts to a subsidiary ledger or bank statement, and prior year accruals should be reversed. Condition: The City has not been performing timely reconciliations and adjustments to the accounts for utility receivables, miscellaneous receivables and payable accounts, liquor inventory and their COBRA insurance payable. Additionally, due to and due from other funds balances have not been reconciled nor have prior year balances been repaid. Cause: Unknown. Effect: The lack of proper reconciliation of accounts throughout the year makes it difficult to determine when a difference arose and how to resolve it in a timely manner. Management Response: The City is taking steps to properly reconcile the above accounts on a regular basis. In addition, the City intends to eliminate the due to and due from other fund balances by establishing a single checking account for all City, Liquor and HRA activities. In Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Page 5 Criteria: Revenues and related expenditures generally are required to be reported gross rather than as a net amount. Condition: The City has not been reporting certain activity due to the netting of the, revenues against the related expenditures. Certain grant reimbursements were being coded against the expense account that was being reimbursed. Developer reimbursement of City debt service costs were netted against the expenditures. Additionally, debt service activity was netted against escrow account activity for the crossover bonds. Cause: Unknown. Effect: Revenues and expenditures were understated. Management Response: The City will correct this going forward by establishing separate revenue and expenditure accounts for all grant activity, developer reimbursements and escrow activities. Hm Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Page 6 Criteria: Grant activity requires compliance with various grant agreement provisions. Additionally, revenue for expenditure driven grants should be recognized in the same fiscal period as the expenditures. Condition: Some of the City's grants are monitored and reported by staff outside of the finance department. This decentralized system does not allow for oversight by the finance department which would facilitate proper revenue recognition, appropriate monitoring of grant compliance provisions, and accurate preparation of grant financing reporting forms. Cause: The City has a decentralized system of grant monitoring. Effect: Grant revenues were not being recognized or accrued properly throughout the year. Management Response: The City is implementing procedures to centralize the grant paperwork. Copies of all grants will be forwarded and kept in the finance department. The finance director will monitor all grant provisions, and ensure that accurate preparation of grant financing reporting forms are done in a timely fashion. 7-1 rc,eport on Internal Control Over Financial Reporting and on Compliance and Other Matters Page 7 2005-5 Capital Asset Depreciation Calculation Errors Criteria: The total accumulated depreciation should not exceed the capital assets cost to the city. Condition: Some of the liquor store's capital assets were depreciated more than the asset's cost to the City. Cause: The City's capital asset system is not calculating depreciation correctly. Effect: The City's accumulated depreciation is overstated an immaterial amount in the Liquor Fund. Management. Response: The City will correct this going forward and will work closely with the softwa-re vendor to ensure that the capital asset system is calculating depreciation correctly. WR Report on Internal Control over Financial Reporting and on Compliance and Other Matters Page 8 r, 6 Unreconciled CapitalSystem/Unidentified Criteria: All capital assets should be recorded in the City's capital asset system at historical cost. Additionally, land should be recorded separate from the related depreciable assets. Condition: City owned land (with the exception of the fire station land) is not identifiable within the City's capital asset system. Additionally, the capital asset systems' December 31, 2004 amounts do' not agree to the prior years' financial statements. Cause: The City did not segregate land from the other components of capital assets within the City's capital asset system. Additionally, the City recorded 2003 and 2004 improvements at the bonded amount rather than at historical cost and did not input the adjusted asset balances into their capital asset system. The City also did not update the capital asset system for audit adjustments to other City asset values for 2003 and 2004. Effect: The City's capital assets system does not agree to the amounts reported in the financial statements. Management .Response: The City is implementing procedures to identify the original cost of City owned land. In addition, the City will identify and correct road improvement projects that were recorded at the bonded amount rather than actual cost. Im CITY OF ST. ANTHONY VILLAGE RESOLUTION 06-055 WHEREAS, an audit of the City of St. Anthony general purpose financial statements for the year 2005 was presented by Tautges Redpath Ltd, Certified Public Accountants; and WHEREAS, the audit was presented to the City Council at a regular meeting on May 23, 2006. NOW, THEREFORE., BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the 2005 City of St. Anthony audit as submitted by Tautges Redpath Ltd, Certified Public Accountants. Adopted this 23rd day of May, 2006. am City Clerk Reviewed for Administration: FACouncil Meetings\20 06\05232006\res audit. doc 107 X4,11 Agenda Section: VI, A ITEM DESCRIPTION: Resolution 06-048; Approving Tax Increment Financing Policy MANAGER'S REVIEW: You may recall that the Tax Increment Financing (TIF) Policy was tabled at the May 9, 2006, city council meeting. The following presented a policy relating to Tax Increment Financing. The purpose of the policy is to provide the City with general guidelines from addressing tax increment requests. The policy has three objectives that an applicant has to meet on projects. They are a follows: I 1. Long term benefits to the c ' ommunity 2. Quality employment opportunities 3. Significantly adds to the City's tax base by providing a high quality development. Some of the projects that can qualify are as follows: 1. Purchase of property 2. Loans 3. Public Improvements 4. Bonding and other financial costs. Rkn application plus fees are required to have staff research the availability of TIF assistance. The changes from the May 9th meeting have been adjusted. In the policy portion, all changes have been underlined and in the application portion they have been change*&,, to italics. a RECOMMENDATION, Approve Resolution 06-048; Adopting the Michael Mornson Tax Increment Financing Policy. FACouncil Meetings\2006\05232006\staff reporaif doc 108 Nei ]Policy Application Form For the purpose of this policy, the "City" shall also mean the St. Anthony Housing and Redevelopment Authority (HRA), which serves in conducting various economic development, housing and redevelopment progr°ams and activities within the City of St. Anthony Village. mum IM "PU RPOSE: The City Council for the City of St. Anthony has determined that it is I advisable and in the best interest of the City of St. Anthony to adopt a policy relating to Tax Increment Financing (TIF) for private development. It is intended that this policy not be construed as exclusive but instead to provide general guidelines for addressing TIF in the City and., in adopting this policy, the City Council acknowledges that special cases and variations may be required based on the particular facts present in any given situation and 'ErN Apxxol 1MMjojn4- p"A /f-%44 1"1_%AOuOJnJn-*"t_%*-%-1- TA-rcvi-ilrl fjlio ::jqq4rJ-p*-%pr% -p-,NT74 A f-%- A JI -1 1. rvt I Y JL %_11 V_XAIE LOL L L.A. the proposed .development or redevelopment would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. MARC: It is the policy of the City of St. Anthony to consider the judicious use of Tax Increment Financing (TIF) for those projects which demonstrate a substantial and significant public benefit by constructing public improvements in support of developments that will: create new jobs, significantly benefit the City's fiscal future, retain existing employment, eliminate blight, strengthen the economic base of the City, increase property values and tax revenues, reduce poverty,, create economic stability, stabilize and upgrade current neighborhoods and areas for the attraction, retention, and expansion of business and housing options in the City, and implement projects that are consistent with the City's Comprehensive Plan. POLICY CONSIDERATIONS: The City of St. Anthony will consider providing Tax Increment Financing (TIF) for projects that achieve the following: • 1. Demonstrated long-term benefits to the Community; 2. Provides quality employment opportunities; 3. Significantly adds to the City's commercial and industrial tax base by providing a high-quality development; 4. To achieve any of the following housing -related goals: to ensure all housing is safe and well maintained; to provide a balanced and sustainable housing stock to meet diverse needs both today and in the future; to promote neighborhood stabilization and revitalization by the removal of blight and the upgrading of existing housing stock. 1. The City of St. Anthony intends to use TIF to provide the developer assistance and to provide direct funding for public improvements. 2. The use of TIF shall be in accordance with Minnesota law. Because changes are frequently made to state law regarding the use of TIF by cities, conflicts im between State regulations and City policy may arise. If this conflict does present itself, the more restrictive language shall apply. 3. Proposed projects must be consistent with the City's Comprehensive Plan as determined by the City Council. 4. Proposed projects that promote the completion of major public improvements within the City, such as major trunk sanitary or water lines, and major transportation projects are preferred. 5. The level of assistance provided to developers will be determined on a case- by-case basis. When determining the level of assistance, the City will consider the quality of the proposed development and/or the quality of the employment opportunities that might be generated. Look back provisions will be utilized by the City to determine developer's ability to share revenue with the City or HRA. In addition, the City, will only provide TIF as a pay as you go basis. 6. TIF assistance will be allocated for appropriate statutorily authorized uses, including but not limited to the following: 0 Land acquisition 0 Loans 0 Site preparation and improvement 0 Public improvements 0 Demolition 0 Bonding costs 0 Capitalized Interest 0 Specifically stated actual costs of legal and engineering fees 7. All new TIF projects considered by the City of St. Anthony Village must demonstrate compatibility to the City's economic development/ redevelopment and housing goals and will also be evaluated based on their ability to meet the desired qualifications for assistance. However, it should not be presumed that a project meeting any of the goals or qualifications will automatically be approved. Meeting any of these goals and qualifications creates no contractual rights on the part of any potential developer to have its project approved. ADDITIONAL REQUIREMENTS-. Application for TIF assistance must be accompanied with Application a signed Development Application and the payment of a $3,000 non-refundable application fee. Additionally, a $10,000 escrow payment must accompany the application for TIF assistance. These escrow funds are utilized to ensure payment of bond counsel, financial consultants., attorney's fees, etc. The applicant is responsible to pay for all fees related to the application and development of the TIF plan and its implementation. A final Development Agreement,, outlining the terms and conditions of the final TIF plan, shall be completed and signed by the City and TIF applicant. TAx INCREMENT PROJECT EVALUATION PROCESS: Please note that the evaluation process is Intended to provide a balanced review. Each section will be evaluated individually and collectively and in no case shall one area outweigh another in terms of importance to determining the level of TIF assistance. 1. Consideration of project meeting minimum qualifications; 2. Consideration of project meeting desired qualifications; 3. Consideration of Applicant Information responses (Section A & B); 4. Project meets "but for" analysis and statutory qualifications; 5. Project is deemed consistent with City Comprehensive Plan and development/ redevelopment goals. 6. Developer must demonstrate experience in doing this type of development. 7. Developer when applicable must pursue third party grant funds. OTHER POLICY ISSUES Fiscal Disparities: It is the City's general policy to have tax increment financing districts contribute to fiscal disparities in accordance with applicable State Law. In the event a project cannot be completed as a result of this election, the City may re-evaluate the impact of this policy on the project within the framework of State statute. Loss of Government Aid.- At any time, if the formation of a new TIF district or the use of an existing district to finance a project will subject the City to an LGA/HACA penalty or local contribution to a project the transaction shall be structured so as to have the ultimate cost to the City minimized to the greatest extent permitted by law, so as to have the project bear the cost of the penalty or contribution. Public Use of Tax Increment: The City shall follow applicable state laws in terms of potential public improvement financing with TIF. It shall be the general policy of the City to identify public improvements at the time of adoption or amendment of the TIF Plan. HM, 3301 Silver Lake Road ® St. Anthony, MN 55418 ® Phone (612) 782-3301 * Fax (612) 782-3302 APPLICATION FOR TAX INCREMENT FINANCING/ BUSINESS SUBSIDY PROGRAM A. APPLICANT INFORMATION: 1. Applicant Name: (Name should be the officially registered name of the business entity.) Address: Telephone: Fax: 2. Name: (Information should be that of the person completing the application) Address: Telephone: 3. PID#"s, legal description, address, and size of project site. 4. If the applicant is a corporation, please name officers, directors., or stockholders holding more that 5 % of the stock of the corporation. If the corporation is not formed, provide as much information as possible concerning potential officers, directors, or stockholders: 4.a. If the applicant is a general partnership, name of the general partners and if a limited partnership, state the general partners and limited partners with more than 5% interest in the limited partnership. If the partnership is not formed, provide as much information as possible concerning potential officers, directors or stockholders. 4.b. Description of the business nature and principal products of the applicant. 5. If property is to be subdivided, describe the planned division. 6. Estimated project costs: (Please enclose construction Pro Formas, if available). a. Land Acquisition: $ b. Soil Corrections: C. Soil Survey: d. Public Improvements: e. Site Development: f. Demolition: 9. Building(s): Shell Tenant Improvements h. Equipment: i. Architectural & Engineering Fees: j. Legal Fees/Other Consulting Fees: k. Financing Costs: 1. SAC/ WAC: M. Park Dedication: n. Survey: O. Appraisal: P. Taxes: q. Contingencies: r. Other: S. Other: TOTAL 7. Source of Financing. a. Equity: b. Bank Financing: C. Tax Increment Assistance: d. Business Subsidy Assistance: e. Other governmental loans/ grants: f. Other: 9. Other: h. Cap Rate: i. Construction Interest: j. Title Insurance: k. Mortgage Registration: 1. Bank/ Borrower Legal: M. Recording/ Closing: n. Construction Loan Fees: TOTAL Terms of Financing: Rate of Financing: Im 8. a. Names and Addresses of Architect, Engineer, and General Contractor for this project: b. Names, addresses and telephone numbers of the applicant's legal counsel and accountant. 9. Project Construction Schedule: a. Construction Start Date: b. Construction Completion Date: C. If phased Project: Year Year % Completed % Completed 10. Total Estimated Market Value of Project upon completion 11. Estimated Real Estate Taxes on project upon completion: (Please show calculations): im 12. Projected number of new jobs created: Low Range: # of Employees: Medium Range: # of Employees: High Range: # of Employees: 13. How many employees does the applicant currently employ on the site? Low Range: # of Employees: Medium Range: # of Employees: High Range: # of Employees: 14. How many employees will be retained as the result of the development at the site? Low Range: # of Employees: Medium Range: # of Employees: High Range: # of Employees: 15. How many jobs are guaranteed to be created over the next three (3) years as a result of the development on this site? Full Time: Part Time: Seasonal: Wage categories for these employees: Low: Medium: High: IWA 16. References: a. Explain any previous or current requests that the applicant has with the City or other governments for business subsidy assistance. The -1 term "applicant" includes principals or affiliates. b. Has the applicant ever been in bankruptcy? If yes, please describe the circumstances. c. Has the applicant ever been convicted of a felony? Is yes, please describe the circumstances. d. Has the applicant ever defaulted on any bond or mortgage commitment? f. Will any public official of the City, either directly or indirectly, benefit from the issuance of business subsidy assistance within the meaning of MU40 Minnesota Statutes., Section 412.311 or 471.87? If yes, please explain the circumstances. B. TAX INCREMENT FINANCING REQUEST 1. Describe the amount and purpose for which Tax Increment Financing (TIF) is required: 2. Statement of Necessity for use of Tax Increment Financing for the project. 3. Ili urdcrpal Reference (if applicable). Please name other municipalities herein the Applicant, or other corporations the Applicant has been involved with and has completed development within the last five (5) years. Hm 4. The following documents must accompany the Application: 0 A Project Pro Forma 0 Parcel Maps depicting the proposed TIF area • A written statement from your attorney that the TIF proposal has the general capacity to meet applicable TIF standards under Minnesota law. Significant additional information may be requested at any time by the City and may be in addition to the materials outlined in this application. _G shall be required to submit any and all inf ormation as requested by the City. 5. Applicant acknowledges and agrees to pay the $3,000 TIF Application Fee and is non-refundable. Additionally, the Applicant acknowledges and agrees to 6. At the time a final TIF application is submitted, he City does require a minimum deposit of $10,000 with the HRA as an escrow to pay all fees and expenses incurred by the City in connection with the application or established for the TIF District, whether or not approved. This amount may be adjusted upward on a project -by -project basis. 7. The Applicant shall hold the City, its officers, consultants, attorneys,, and agents harmless from any and all claims arising from or in connection with the Project or TIF Application, including but not limited to,, any legal or actual violations of any State or Federal securities laws. 8. The Applicant recognizes and agrees that the City reserves the right to deny any application for Tax Increment Financing (TIF) at any stage of the proceedings prior to adopting the resolution approving the district, that the Applicant is not entitled to rely on any preliminary actions by the City prior to the final resolution, and that all expenditures, obligations, costs, fees, or liabilities incurred by the Applicant in connection with the Project are incurred by the Applicant at its sole risk and expense and not in reliance on any actions of the City.