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Home My WebLink AboutPL PACKET 10181988 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iooaza Box: 15 Folder: PL PACKETS 1988 Document: PL PACKET 10181988 • C 2 TY OF S T . ANTHONY P LAWN=N G COMM= S S 2 ON AGENDA O CTOBER 1 8 1 9 8 8 7 = 30 P . M . C 2 TY COUN C 2 L C HAMB ERS 1. Call to Order. 2. Roll Call. 3 . Minutes. a. Planning Commission - September 20, 1988. 4 . Designate Commission Representative to the Council Meeting on October 25, 1988. • S. Public Hearings. a. 7: 35 P.M. - Evergreen Development Corpor- ation, preliminary plat approval. b. 7:50 P.M. - Minnesota Scientific, 3839 Chandler Drive, extension to existing special use permit. 6. . New Business. a. Salvation Army Camp, review design plan. 7. Miscellaneous. 8. Adjournment. • C=TY O F' S T _ ANTHONY • P L ANN=N G C OMM 2 S S 2 ON M 2 NUT E S SEPTEMBER 2 0 , 1. 9 8 8 1 The meeting opened at 7: 30 P.M. with the Pledge of Allegiance led by 2 Chair Wagner. 3 ROLL CALL 4 Present for roll call : Brownell , London, Franzese, Hansen, Wagner, 5 Werenicz , Madden. 6 Also present: David Childs, City Manager 7 Sue VanderHeyden, Assistant to the City Manager 8 AUGUST 16, 1988 PLANNING COMMISSION MINUTES 9 Motion by Brownell , seconded by Hansen to approve with the following 10 changes: 11 Page 5, line 20 : Insert "activities" between "commercial" and 12 "which operates" . 13 Page 8, line 25: Substitute "112" for 11113" . 14 Motion carried unanimously. 05 Commissioner Franzese Will Represent Planning Commission at Council's 16 September 27, 1988 Meeting 17 Commissioner Werenicz indicated he would go instead if Commissioner 18 Franzese couldn't make that meeting. 19 PUBLIC HEARINGS 20 Concerns About Future Ownership of Osterbauer Building Result in 21 Recommend Denial of Request for Zoning Classification Change 22 The hearing on Dr. Robert Osterbauer's above request was opened at 7:35 23 P.M. with the Chair reading the Notice of Hearing which had been 24 published in the September 7, 1988 Bulletin and sent. to all property 25 owners of record within 350 feet of the subject property. No one 26 present reported failure to receive the Notice or objected to its 27 content. 28 Proposal: 29 *to change the zoning classification for the property at 2525 - 33rd 30 Avenue N.E. from R-1 (single family residential) to B (Service/Office 31 limited business) . No changes to existing uses of the property. were 32 proposed by Dr. Osterbauer, the applicant who has owned the building and • 1 V 1 operated a dental office in it for the last 30 years . His application 2 only proposed removal of the non-conforming status which was established 3 for the property when the City Zoning Ordinances were rewritten in 1976 . • 4 Staff Report: 5 *Childs' reiteration of information in his September 16th memorandum 6 to the Commissioners in the agenda packet , including his recommendation 7 for approval because changing the classification would bring the 8 property into conformance with the City's 1981 Comprehensive Plan, which 9 shows the location* as "service/office" and limits its use to those 10 permitted and conditionally permitted under a B ( service/office limited 11 business) classification which wouldn't allow retail like gas stations , 12 restaurants , etc. 13 *read aloud the listing of uses which could be made of the property 14 under that zoning classification which included those conditionally 15 permitted uses requiring City review and approval before going in at 16 that location; 17 *reiterated that he anticipated those restrictions to provide 18 safeguards against too many problems for the residents of the 19 neighborhood; 20 *indicated he perceived the applicant's request had resulted from 21 questions raised at the time Dr. Osterbauer renewed his property 22 insurance following the 1984 tornado when his building was damaged 23 somewhat but not to the extent the two florists operations across the 24 street were which required their properties to return to their 25 residential zoning classification. 26 The City Manager reported staff had received only one call about the 27 zoning classification change and that had been from Pat Peterson, 3313 28 Edward Street N.E. whose message to him had indicated the caller was 29 not dissatisfied with the current occupant at that location but had the 30 following concerns about the change: 31 *traffic which could be generated in the neighborhood should the 32 existing business change and some other use be established under the 33 new classification; 34 *the reason the applicant had not applied for the change before this 35 time; 36 *that property values in the neighborhood might go down as a result 37 of the type of business which might go into that location in the future. 38 Mr. Childs told Commissioner Franzese there were other instances where 39 the City's Comprehensive Plan anticipated changes in zoning 40 classification citing the Walbon property, which has now gone to the 41 multi-family residential the Plan anticipated, and the non-developed 2 • . 1 parcels of land off Fordham Drive where the Evergreen Development 2 Company is now proposing to provide townhouses. 103 Proponents 4 Dr. Osterbauer, 3505 Belden Drive, presented a copy of the letter he 5 said he had taken around to 31 of his neighbors to explain why he wanted 6 to have his dental office building property's zoning classification 7 changed, including his concerns about the delays which would occur in 8 his business operation should the building be demolished more than 75% 9 and he had to go through the time consuming process of getting City 10 approval to rebuild. The dentist told the Commissioners he hadn't 11 asked any of the residents he had found home to sign a petition or to 12 come to the hearing 'to support his request, perceiving their absence 13 would aMW indicates they weren't opposed to the change. Dr. 14 Osterbauer indicated he had left copies of his letter on the doorsteps 15 of any residents who weren't home and gave the Secretary a copy of the 16 letter which he had received back with the notation "You have our 17 approval" from John and Edith Peyla, 3320 Edward Street N.E. The 18 applicant said a couple of the residents he talked to had expressed 19 some concerns about the type of business which might succeed him in 20 that location but indicated he had assured them that he understood a 21 "B" zoning meant only similar service office businesses like other 22 dental , or offices for doctors, realtors, or attorneys, would be 23 allowed under that classification, and nothing like "a McDonalds" could 24 be built on that corner. �5 Dr. Osterbauer indicated conversations with his insurance agent and the 6 owner of one of the florists companies, who had to discontinue their 27 business operations, had made him aware of "all the hassles" he would 28 probably have to go through if his zoning weren't changed and a 29 calamity similar to what happened to his neighbors happened to him. He 30 said he began to wonder where his patients would go if something 31 happened to his building and he had to wait for the usualgp City 32 processes to get his non-conforming zoning reinstated. 33 Commissioner Werenicz asked the dentist whether, in view of the fact •34 that he had been in the dental business for 30 years, he might not be 35 thinking of retiring pretty soon. Dr. Osterbauer told him he was only 36 58 years old and still very much involved in his practice which he 37 enjoyed. He also said he hoped his son, who will be graduating from 38 dental school in two years, would be joining his practice, although he 39 had no firm commitment from him yet. 40 He discussed his insurance concerns with Commissioner Franzese, telling 41 her the way he understood it was that if the zoning classification 42 weren't changed, he would have to pay an additional $800.00 a year in 43 "demolition rates" if his building were -completely destroyed by another 44 storm or a fire or explosion and resulted in ' the insurance company 45 having to pay to restore the property to its single family residential 46 zoning status. 0 3 r 1 Commissioner Franzese told the dentist she thought he had a very 2 attractive residential appearing building and she could see no reason 3 why the City wouldn't allow him to rebuild it if it were destroyed. • 4 However, she was concerned that if the zoning on the building were 5 changed, and the building were then destroyed, the structure which 6 might be erected in its place for one of the other permitted uses, like 7 a realty office, etc. , might not have the same residential appearance 8 and might cause tensions with the neighbors. She added that the 9 existing zoning provided safeguards against that happening. Dr. 10 Osterbauer responded by telling her his property had been zoned 11 "Commercial" when he built there 30 years ago and he had gone around 12 the neighborhood at that time to get the approval of the neighbors. He 13 said he had not only gotten their approval , but also had quite a few of 14 them who became patients, just as he hoped would happen now after he 15 had talked to so many of the -neighbors about this change. The dentist 16 indicated he had found out that zoning had changed through a letter 17 from the City about ten years ago which had informed him that, under 18 the Zoning Code, which had just been adopted, his location zoning had 19 been changed to residential , making his business a non-conforming use. 20 OpRgnents 21- Alice Brown, 2702 - 33rd Avenue N.E. indicated she thought the existing 22 building across--33rd from her home was "a fine looking building" , but 23 said she and her husband, Ed Brown, who -was--with--her.,_were concerned 24 that a Planning Commission and Council ten years down the line might 25 also change the zoning for the other two vacant corners to service 26 office to match the change in zoning on this corner. 27 Tom Lutgen, 3313 Roosevelt Court, indicated he was also concerned about 28 what type of "other allowable commercial uses could come in" if the 29 zoning was changed: - He--said the thought any change should be made for 30 "the right reason" and didn't think a decision should--be-made based only 31 on the personal position that Dr. Osterbauer's rebuilding might be 32 delayed under the current zoning. The resident questioned whether 33 rezoning would be the prudent thing to do in the context of .there being 34 other non-conforming businesses across the street not being allowed to 35 rebuild because they had been 75% destroyed. 36 Mr. Lutgen said his business caused him to know a great deal about 37 planning issues for other communities and commented that he had 38 concluded by looking at the zoning map on the Chamber's wall that other 39 than up around Apache or near the St. Anthony Shopping Center, the City 40 had made a real effort to keep commercial uses away from residential 41 areas which are located away from the major streets. He considered 42 allowing this change might be opening the City to further deviations 43 from that policy and said he thought "a real bad precedent for doing- 44 that would be established if the City granted Dr. Osterbauer's request. 45 The resident also perceived that the City's Comprehensive Plan might 46 not be consistent with the City's policy pointing to the fact that the 47 City had forced the owners of the commercial businesses across to 4 • 1 rebuild them as residential homes but the Plan seemed to be saying 02 another non-conforming business on the same intersection could be 3 rebuilt to commercial rather than reverting to its R-1 status. Mr. 4 Lutgen said he thought the City "was giving out a mixed signal of what 5 we really want to do in St. Anthony" . The zoning change opponent 6 said he would also be concerned about the owners of the vacant property- 7 on the other corners coming in to request the same treatment for those 8 locations. 9 Later . in the discussions, Mr. Lutgen indicated he thought the" 75%" 10 figure for damage was far too liberal considering that the average 11 figure used by other communities was only 1150%11 . 12 Chair Wagner pointed out to Mr. Lutgen that the florist businesses 13 which had been destroyed were "Commercial" while the zoning 14 classification for this parcel was "Limited Service Office" . 15 Mr. Childs told Commissioner Hansen the two florists were not allowed 16 to rebuild because they had been specifically signalled out in the 1.7 ordinance as non-conforming uses which could not be either expanded or 18 rebuilt. He added that the vacant corners are already designated as 19 "single family residential" on the same Comprehensive Plan which 20 denotes Dr. Osterbauer's location as "service-office" . The Manager told 21 Commissioner Werenicz that Dr. Osterbauer would have to apply for a 22 zoning change before he could put any type of "commercial" on that 23 corner and said there are no "use variances" allowed by the City 24 Ordinance. 05 Douglas Bulthaus 3309 Edward Street N.E. , "almost across the street from 26 the dentist office" , told the Commissioners he had "absolutely no 27 objections with the present facility" , which he "would much prefer to . 28 a vacant lot. " His concern was also with the precedent which was going 29 to be set and what was going to happen in that neighborhood ten or . 30 twenty years from now. His fear was that if the zoning were changed 31 someone could either rebuild the structure after a disaster or just tear 32 the existing building down and alter it to the extent it could "change 33 the context of at least that part of the neighborhood." The neighbor 34 indicated he would be only "too glad" to testify in favor of Dr. 35 Osterbauer's rebuilding after a fire as long as the building didn't 36 change drastically but his concern was with retaining the same type of 37 neighborhood farther down the lane because "I don't plan on moving or 38 building another house. !' He termed his statement as more of a "concern 39 about architectural changes" than an "objection" . The resident said 40 he lived next door to Pat Peterson and had the same type of concerns 41 as had been stated to the office staff. Mr. Bulthaus then agreed with 42 Chair Wagner's observation that there could also be architectural 43 changes in a single family residence he might not like, but said his 44 concerns were more related to a change in use. He said he perceived 45 realty offices and attorneys offices might be built to look more 46 "commercial" than the existing building. He reiterated that he didn't 47 think there was a single resident on that street who wouldn't want the • 5 1 City to let Dr. Osterbauer rebuild if he had to but a blank check for 2 a different type of use was what he was concerned about,. • 3 After Dr. Osterbauer had reminded the objectors that if his son joined 4 him, their family practice would have a history of 32 years on that 5 corner, and no further comments from the public were offered, Chair 6 Wagner closed the hearing at 8 :12 P.M. for Commission comments and a 7 decision on the issue. 8 Commission Reactions to Testimony 9 Brownell 10 *said he was very sympathetic to both the "Doctor's position" and "the 11 concerns of the neighbors" ; 12 *perceived a decision to rezone would in a sense be forever and the 13 City would lose the ability to control what happens on that piece of 14 property as long as it is rezoned; 15 *was concerned that as long as a successor was a permitted use the 16 City would be unable to require them to bring in a site plan and would 17 therefore have no architectural control over the structure to be erected 18 except when it came to setbacks and signage. 19 Wagner 20 *reiterated that the same would be true of any single family home 21 which replaced another in the area; 22 *said the neighbors stood the chance of having a home they considered 23 to be "an eyesore" built next to them if the existing house burned down 24 or was demolished in a storm, 25 Franzese 26 *told Dr. Osterbauer she hoped he continued his practice in that 27 location for the next 30 years as well, but said she felt compelled to 28 vote against the change in zoning because what went in there next might 29 be beyond his control and did want to keep that area residential. 30 Hansen 31 *indicated in the interest of himself and the Commission that he would 32 be abstaining from voting on the issue because he and his family had 33 been patients of Dr. Osterbauer for more than 22_ years and his wife had 34 worked in that building at one time. 35 Werenicz 36 *concurred with Commissioner franzese's reservation about taking a 37 drastic step like rezoning; 6 • • v 1 *indicated that if the dentist were 30 years old he might not see this 402 as such a gamble, but in light of the "waning work years" and no firm 3 commitment on his son's part to take over his practice, he could see no 4 convincing reason for voting for the change; 5 *said he had not been convinced that the insurance company was 6 pressuring for the change and instead felt this involved only a "purely 7 economic motivation" on the dentist's part. 8 Madden 9 *didn't agree there could be any, drastic change in type of business 10 for that location because the Ordinance specifically stated the kinds it of businesses which could operate from that location and he perceived 12 them all to be "non retail" businesses which would not operate late in 13 the evenings or early in the mornings; 14 *said the Ordinance guarded against the character of the business 15 changing; 16 *reminded the Commissioners that the Comprehensive Plan, which is a 17 document into which a lot of thought and study had gone, designated that 18 location as "B" ; 19 *commented that he considered it "a strategic blunder" on Dr. 20 Osterbauer's part not to get the 30 residents who agreed with his WI proposal to sign a petition leaving the Commission to hear from only two 2 neighbors who opposed it and whose arguments "seem to be carrying a 23 great deal of weight" with the other Commissioners. 24 Wagner 25 *agreed, saying he also thought there had been too much weight placed 26 on the possibility of another tornado demolishing that area and 27 perceived that the Ordinance pretty much restricted the type of 28 business which could go in after Dr. Osterbauer leaves; 29 *thought most of the types of business which the Ordinance allows with 30 the "B" zoning would most likely want to construct the same type of 31 building as a business incentive; 32 *pointed out that the City control signage anyway. 33 Franzese 34 *took exception to Commissioner Madden's characterization of the other 35 Commissioner's acceptance of only the views of the neighbors who came 36 to the hearing and not considering the approval of the many who weren't 37 at the meeting; • 7 1 *perceived most of that approval was based on Dr. Osterbauer's 2 operation continuing and she thought if the business were to change, 3 they would all be voicing the same kind of concerns some of the o 4 Commissioners had related to the type of business which was going in 5 their neighborhood; 6 *continued to think that even though the Ordinance might somewhat 7 restrict the type of business which could operate from that location, 8 she still perceived there was a chance of the "whole texture of .the 9 business changing drastically" ; 10 *wondered if the next business owner who might not be a resident, as it Dr. Osterbauer is, would be as interested in maintaining a "residential 12 look for the building" ; 13 *didn't think the Ordinance provided any guarantees or safeguards for 14 the neighbors who had recently moved into that residential neighborhood 15 that the area would retain a residential character; 16 *thought it was the responsibility of the Commission to provide those 17 safeguards. 18 London 19 *at first had said he was really "straddling the fence" on the issue 20 and indicated he basically agreed with Commissioners Madden and Wagner 21 that the "B" zoning is such that it only allowed businesses like 22 engineering, legal , etc. services which are the types of services which o 23 require only one or two people to run the office; 24 *perceived the types of services which would be allowed were not the 25 types of businesses with large volumes of people or traffic; 26 *said -he wouldn't expect to see a large increase in traffic from any 27 type of business which went in there after Dr. Osterbauer and perceived 28 any of those services would fit in well , - with the rest of the 29 neighborhood. 30 Franzese 31 *perceived the Commission wanted to accommodate Dr. Osterbauer who 32 had been "a good businessman and resident of St. Anthony" for so many 33 years, but questioned whether the City had the same obligation to the 34 next businessmen whether they're attorneys, realtors, or accountants, 35 who want to open an office in that neighborhood when there are plenty 36 of other office spaces available in other St. Anthony locations. 37 Childs said he had forgotten to tell the Commissioners that should Dr. 38 Osterbauer leave that location, its non-conforming status could always 39 be transferred to another dental office because the use does go with the 40 land and not the owner. However, if the building is destroyed, the 8 0 I property can only be rebuilt as a single family residence without the •2 City rezoning it. 3 When Commissioner London commented that he perceived there were really 4 no strong reasons to either grant or deny the request, Commissioner 5 Franzese disagreed, saying she perceived the Commission had a 6 responsibility to protect the residential character of the neighborhood. 7 Commissioner Werenicz said -he perceived this was "a drastic step" 8 because to him going to anything less than an 11R-1" would be "down 9 zoning which requires some strong arguments for changing" , which, he 10 added, he had not heard that evening. He didn't think admiration for it the dentist was a good justification for rezoning. He agreed with 12 Commissioner Madden's observation that the "whole City couldn't be R-1" 13 but perceived that was not really the issue because the zoning of this 14 property was 11R-1" now. 15 Commission Recommendation 16 Motion by Madden, seconded by Wagner to recommend the Council grant the 17 request from Robert F. Osterbauer for a change in zoning classification 18 from R-1 (single family residential) to B (service/office limited 19 business) for the property at 2525 - 33rd Avenue N.E. and described as 20 Tract E, Registered Land Survey 211 . In making this recommendation, the 21 Planning Commission finds that: 22 1. The usage of the property can't really be changecelin the future 23 because the Ordinance requires it to remain service oriented and not &4 commercial. 25 2 . The City's 1981 Comprehensive Plan classified this location as a B 26 (service/office) zone which was developed by prior governmental bodies 27 after much study and consideration. 28 3 . Many of the neighbors apparently are in favor of a zoning change and 29 two of them indicated their approval in writing, while only,�Wc's�po e 30 against the zoning change at the hearing. 31 Voting on the motion: 32 Aye: Madden, Wagner. Cti 33 Nay: Franzese, Werenicz , Brownell , London. 34 Abstention: Hansen. 35 Motion not carried. 36 No Problems Perceived From Allowing More Amusement Devices in the 37 Bonaventura Malt Shop at Apache 38 At 8: 34 P.M. the Chair opened the public hearing on the request from 39 the proprietor of the above business to amend the Conditional Use Permit • 9 I I 1 he had been granted when his business was first approved to increase the 2 number of amusement devices he would be allowed from 34 to 45 as those • 3 licenses became available. Chair Wagner read aloud the Notice of the 4 Hearing which had been published in the September 8 , 1988 Bulletin and 5 sent to all property owners of record within 350 feet of the subject 6 property. 7 Michael Bonaventura the applicant and owner of the malt shop at 3800 8 Silver Lake Road, was the only person present for the Commission 9 consideration. 10 Staff Report: 11 Childs' September 16th memorandum to the Commissioners reporting there 12 were several amusement devices available in the City right now. The 13 City Manager also advised in his memorandum that Mr. Bonaventura was 14 the only arcade operator in St. Anthony with a conditional use permit 15 which limits the number of licenses he can have. Mr Childs had also 16 noted that the City Ordinance only allows 106 amusement devices in St. 17 Anthony and this request would only counterbalance decreases in other 18 locations. 19 Proponent: 20 klr. Bonaventura told the Commissioners: 21 *his request was based on the necessity to compete with other video 22 arcades in the area like Circus Circus who are able to offer from 40 to 23 50 games for their customers to play; 24 *he has the space for more machines and it would be beneficial to 25 be able to offer the kids what's the latest in machines; 26 *after the basketball season is over, he'd -be removing the big 27 basketball hoop in his shop which would leave at least 12 feet of space 28 open for 4 or 5 different games, if he had the licenses for them; 29 *he could probably squeeze more than 45 machines into his shop, but 30 wouldn't want to do that because he'd have to block the walkways to the 31 malt counter to get that many in; 32 *there are four licenses he knows of which are available now. 33 Mr. Childs indicated that if the Alternative doesn't relocate within 34 the City, there would probably be two licenses available to Mr. 35 Bonaventura. He perceived it was going to take some time before the 36 malt shop proprietor would be able to use all the licenses he was now 37 requesting. because of the limitation on the number of licenses in the 38 Ordinance. He also pointed out businesses like C. G. Rein have in the 39 past deposited certified checks with the City to cover the license fees 40 for more devices when they become available. 10 1 When questioned about. whether the Police Department had any major 2 complaints about this operation, Mr. Childs said there had been one •3 that he knew about with the exception of the suspicion expressed by 4 the owner of the Tires Plus Store that the window in his store, which 5 was broken in the middle of the night, might have been broken by one of 6 the kids who frequent the malt shop. 7 Mr. Bonaventura told the Commissioners that there are a good-sized 8 group of young people who he has forbidden to come into his 9 establishment, who hang around and smoke in the unlighted patio area 10 of the Zantigo restaurant and harass the kids going into the malt shop. 11 He said the restaurant closes at 5:00 P.M. and he has been trying to 12 get Apache to provide better lighting and security for that area after 13 dark. The shop proprietor indicated the only other thing he can do 14 about that problem is to call the Police when that happens. 15 The Commissioners agreed with the City Manager's assessment that his 16 actions in that regard were probably a "positive" for the operation. 17 After Mr. Childs had reported receiving no calls either for or against 18 the request, the Chair closed the hearing at 8:43 P.M. for the 19 following: 20 Commission Recommendation 21 Motion by Franzese, seconded by Brownell to recommend the Council amend 22 the Conditional Use Permit #88-08 which allows the establishment of a K3 malt shop at 3800 Silver Lake Road and specifies only 34 amusement 4 devices licenses for that location to increase the number of permitted 25 licenses to 45, finding that: 26 1. The request satisfies all three conditions which are required by 27 statute to be satisfied before a conditional use may be authorized. 28 2. There was no opposition to the license increase. 29 3. The Commission perceives the malt shop to be an asset to the 30 community. 31 Motion carried unanimously. 32 MISCELLANEOUS 33 Manager Asks Commissioners Whose Terms Expire in December to Submit 34 Written Confirmations of Their Willingness to Continue or Indication of 35 Inability to Serve 36 Mr. Childs told Commissioners Franzese, Wagner, and Werenicz their three 37 year terms of office were almost up and it would help the Council to 38 know now whether they wanted their names put into consideration for 39 reappointment. He said the vacancies would probably also be advertised 40 as in the past. • 11 1 City Closed on the Bonds for the St. Anthony LaNel Housing Project 2 Mr. Childs announced the above and reported an agreement had been • 3 negotiated with the unsuccessful developers which eliminated them from 4 the project altogether. He said it was now up to staff to get Kraus 5 Anderson and Mr. Saliterman to sell the necessary land for the 6 project for a reasonable price within the 30 days waiting period before 7 the bond proceeds would be made available to make the purchase. He 8 added that a simultaneous transfer of the land to the LaNel company 9 should reduce the City's liabilities. 10 Evergreen Townhome Project Contract Being Developed 11 Mr. Childs indicated changes in the Tax Increment Law had required 12 renegotiation with the Evergreen Development Company for a reduction 13 of soil correction subsidies to between $180,000 to $200,000 rather than 14 the $327 ,000 originally contemplated. However, . he said he expected 15 those negotiations to be successful and the developer to present the 16 required platting of the land to the Commission at their next meeting. 17 The City Manager reported the developer already had 14 out of a possible 18 37 unit reservations for the project and their financing appears to be 19 in place, causing them to be very excited about doing the project. He 20 explained the different approach the City was taking regarding the 21 financing of this project, which would eliminate the necessity for a 22 bond issuance. 23 Manager Introduces His New Assistant to the Commissioners • 24 Mr. Childs indicated he expected Sue VanderHeyden to take over a portion 25 of his work, including .that with the Planning Commission, just as soon 26 as she completes the Comparable Worth project she's working on now. 27 ADJOURNMENT 28 Motion by Brownell, seconded by London to adjourn the Planning 29 Commission meeting at 8:52 P.M. 30 Motion carried unanimously. 31 Respectfully submitted, 32 Helen Crowe, Secretary 33 :cjk 34 12 • . ain holft HE 'e AT E A ppROVAL : : October 10, 1988 TO : Planning Commission Members FROM : David M. Childs, City Manager D TEM : REQUEST FROM EVERGREEN DEVELOPMENT - PRELIMINARY PLAT This is a request from Evergreen Development Co. for preliminary plat approval for a 37 unit townhouse project proposed for a parcel east of Fordham Drive and south of Silver Lane. The parcel contains 4 .85 acres and is pending the third and final reading of an ordinance making the property an R-3 Townhouse Zoning classification. The plat shows access to units 28-37 by a roadway along the Soo Line Railroad tracks. This would allow an easement access to be established for Mr. Nordahl at some future date if the intervening residential property is ever developed, thus removing the land locking argument given by Mr. Nordahl. The preliminary plat seems to address the concerns of the Council and Commission with the exception that it still shows a sideyard setback of 10 feet between unit #1 and the west property line. At the rezoning hearing that resident requested that the units be moved to the east a little. The preliminary plat shows the same setback as proposed at the rezoning hearing. See attached minutes. The final negotiations on the redevelopment agreement are not yet complete. Therefore, the final reading of the rezoning ordinance will not be made by the Council until the agreement is complete. The preliminary plat can be approved at this time with changes as recommended by the Commission and the final approval of the final pat would then also be held until the redevelopment agreement is completed. J :cjk10 . 18 . 88 Date: Se tember 9 1988 Fee: 62. 00 CITY OF ST. ANTHONY • Application for Subdivision/Plat Approval Applicant Evergreen Development Corporation Phone # 339-9341 Address 1920 Dain Tcwer, Minneapolis, MN 55402 Status of Applicant (owner, buyer, renter, agent, etc . ) Buyer Present Legal Description of Property to be Affected Mounds View Acres,- n Lots 1, 2 & 3, Block 4 and Lot 1, Block . 2 and all that part of vacated Foss Drive according to piat tiereot on file and Proposed Legal Description of Property to be Affected County Recorder Same as above Street Address South of Silver Lane, East of Fordham Drive & west of the Soo Line Railroad rac s Zoning District in Which Property is Located Rezoned from R-1 to R-3 Specify any Necessary Easements • Area of the Plat/Subd. 4 . 85 acres Number of Parcels 37 Attach a copy of the proposed plat showing the proposed name of the plat, the location within the City, the names of the present owners, the scale , the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documenta- tion as is requested by the City Manager or the subdivision/platting ordin- ance. DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOR STAFF USE ONLY 1 . Fee calculation ($25.00 plus $1. 00 per lot to a maximum of $150 . 00) 2. Conformance to design criteria yes no Exceptions: 09 - 13- 88A * 62 . 00R 0 CITY OF ST. ANTHONY NOTICE OF HEARING PLAT APPROVAL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, _ October 18, 1988 at 7: 35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Evergreen Development Corporation for preliminary subdivision plat approval for a 37 unit townhouse project located east of Fordham Drive, south of Silver Lane and northwest of the Soo Line Railroad right-of-way and described as Mounds View Acres 2nd Addn: Lots 1, 2, & 3 , Block 4 and Lot -1 , Block 2 and all that part. of vacated Foss Road according to plat there- of on file in the office of the Ramsey County Recorder. Anyone wishing to be heard with reference to the above matter •will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881•. David M. Childs City Manager Bulletin: October 5, 1988 J_— a. Staff and City officials have received a number of letters supporting the permit and there were several residents from 3 that area present at the Commission hearing who spoke for the 4 establishment. 5 b. No one spoke against it, but two people did ask that conditions 6 representing their concerns about how it would be run be included 7 in the permit approval. 8 Motion carried unanimously. 9 Agenda Order Changed 10 Motion by Madden, seconded by Werenicz to move (c) under Public 11 Hearings up for consideration before (b) . 12 Motion carried unanimously. 13 At 9: 15 P.M. , the Chair opened the hearing on the Evergreen Development 14 Company request to change the zoning classification for 5. 3 acres of 15 vacant land located east of Fordham Drive south of silver Lane and west 16 of the Soo Line railroad tracks from R-1 (single family residence) to 17 R-3 (townhouse) for a proposed townhouse development of 37 units of one 18 and two stories. each. 19 The notice of the hearing, which had been published in the April 6th �0 Bulletin and sent to all property owners of record within 350 feet of 1 the subject property, was read aloud. No one present reported failure 22 to receive the notice or objected to its content. 23 Application: from Evergreen Development Corporation, 1920 Dain Tower; 24 for townhome project consisting of 8 separate buildings 25 with total of 37 units ranging from 1 , 200 to 1 ,600 26 square feet in size, costing from $89 , 900 to $99,900 ; 27 supported by site plans in agenda packet. 28 Staff report: Childs' April 15th memorandum, indicating the request, 29 also included about a triangular 1 acre parcel on the 30 northeast end presently owned by the City; 31 reiterated that the proposed development is in conform- 32 ance with setback, parking, unit size, height, and all 33 other City zoning requirements; 34 said the project would be well below maximum density 35 allowed ( 55 units) ; 36 indicated proposed pond in the northern center would 37 continue all current storm water drainage patterns in F• 8 1 the neighborhood and probably would be a requirement 2 of the Rice Creek watershed District; 0 reiterated that because of the parcel' s proximity to 4 the railroad track and because of major soil correc- 5 tions which would be necessary, single family resi- 6 dential development on the site would be economically 7 unfeasible; 8 reported the proposal met the 1980 Comprehensive Plan 9 which showed medium density residential in this area; 10 pointed to the fact that developed lots to the west 11 are 300 feet deep which would leave a major separation 12 between the development and those homes; 13 explained how Tax Increment subsidy of soil correction 14 costs would make the project feasible; 15 reported staff had received four calls related to the 16 .project - one from the New Brighton. City Planner who 17 reported receiving calls from New Brighton residents on 18 Oakwood; the second from a New Brighton resident who 19 requested copies of the plan; and two from Silver Lane 20 residents ; 11 Mr. Oertwich, who lives on Silver Lane adjacent to the 22 property, who had questions about the landscaped buffer 3 of his property and another from another resident who 4 ,didn' t seem to have strong objections but had questions 25 about how his property would be affected; 26 told Commissioner Werenicz a Tax Increment District 27 would have to be formed to provide soil correction 28 money for the project and that was somewhat up in the 29 air because the legislature was just that day con- 30 siderirg changes which might change how Tax Increment 31 Districts work. 32 Proponents: Vern Hoium, Evergreen President 33 Ursula Sheehy, Vice President and responsible for mark- 34 eting - 35 Jim Hill, . Planning and Design who had made the prelim- 36 inary drawings presented that evening 37 Steven Yurick, planning consultant. 38 Mr. Hoium reiterated some of the information related to the project 39 which had .been contained in the Evergreen memorandum attached to their 40 Petition for Rezoning. He and Ms. Sheehy emphasized the perception 41 they had gained from focus groups and marketing that a number of 42 prospective buyers in the 55 and over age range had indicated a desire 43 to have bedrooms on the first level rather than on multi-levels as in J • 9 i 1 the village Townhome project. However, the middle 21 units would have 2 bedrooms on the second level. 3 The target age would be from 30 to 70 , with buyers without children 4 being the major market, Mr. Hoium indicated. 5 In discussing the poor soil conditions of the parcel with Commissioners 6 Madden and London, the Evergreen President reported receiving a firm 7 bid of $327 , 000 from an excavating company for the removal of 35 , 000 8 cubic yards of soil and bringing in 51 , 000 cubic yards of subsoil for 9 compacting to make it suitable for townhome construction. Mr. Hoium 10 reported the excavators had based their bid on four soil borings by 11 Twin City Testing, agreeing with Commissioner Madden that four was not 12 a large number for a parcel that size, but that it was a preliminary 13 test only. Mr. Hoium said his firm would only be interested in 14 changing the zoning for this parcel for this particular project. He 15 pointed to the proposed positioning of the eight buildings shown on the 16 chart erected in the hearing room, saying the configurations could vary 17 and the units could be developed for between one and four bedrooms 18 depending on how the interiors are done. 19 Mr. Hill indicated that although it had not been shown on the plans, 20 Evergreen intended to do some berming and/or planting of trees and 21 shrubbery to minimize the impact of the railroad tracks. He said 22 there are no more than four trains a day through the area and 23 Evergreen had not yet negotiated an agreement with the railroad company 24 to provide the proposed buffer on their right-of-way. FHA funding 25 would require all units to be at least 100 feet away from the tracks 0 26 The perimeter road would also run between the buildings and tracks. 27 Because the tracks would be higher than the project grade, it would 28 probably require more plantings than berming to adequately screen the 29 project. Commissioner London said he perceived it would be in the 30 interest of the development company to get permission from the railroad 31 company to use a good deal of the soils from the site for berming 32 rather than to pay the contractor for hauling it away. -33 Soil 34 Mr. Hoium told Commissioner Brownell he perceived the soil corrections 35 on this parcel would make it almost impossible to build more than 10 36 single family homes on the site, which would still require extensive 37 soil corrections. The Commissioner estimated that in accordance with 38 the bid which had been made, that would amount of $32 , 000 in soil 39 corrections per house. 40 The Evergreen President told one of the 20 residents present that the 41 most favorable soil boring on the site had shown bad soils to an eight 42 foot depth. All the really bad soils appear to be in the middle of 43 the site where the pond was going to be built and are bad to a depth of 44 28 feet. The area to the south was also quite bad, with all fill and 45 no trees. All fill, which had been brought in but never compacted, 10 • 1 would have to be taken out, Mr. Hoium said. He told Commissioner 2 London the area consisted of soft but probably not swampy soil. i3 One resident said he thought more. definitive soil information was 4 needed to prove single family homes would not be feasible. Mr. Hoium 5 told him most of the bad soil was in the 20 foot depth range. Mr. 6 Hoium also commented that an apartment house would be the most 7 feasible development on this site, with the least amount of soil 8 corrections for the maximum number of units , but no one wanted to see 9 that type of development on the site. All the streets in the project 10 would be private. 11 Drainage 12 Mr. Hill reiterated that the final drainage plan would be up to the 13 Rice Creek Watershed District but the developers had not yet involved 14 civil engineers in the project. From preliminary studies they knew 15 they had to handle water from the neighboring properties with some sort 16 of retention pond which had been briefly discussed with the City. 17 Buildings ' Exteriors Discussed 18 Mr. Hill expanded on Evergreen' s application by saying all the 19 exteriors would be maintenance free to steel, vinyl, or aluminum to 20 meet the retired persons demands with predominately narrow boards and 21 use of brick depending on where the unit is located. There would be 22 asphalt roofs. 3 Ms. Sheehy said she had just finished selling the last village 4 Townhouse for Brighton Development. , She said it had taken 2-1/2 years 25 to sell the project because those units with all the stairs were just 26 not the type of residences St. Anthony buyers were looking for. The 27 marketing vice president showed a large book of many pages showing the 28 large number of people who had looked at those units. Half of the 29 buyers were single women, mostly 40 and under and not from St. 30 Anthony, she said, because those floor plans were not what St. Anthony 31 residents wanted. The Evergreen executive said she learned from 32 talking to the St. Anthony lookers that there is a large untapped 33 source of buyers from St. Anthony who don' t want to leave the City and 34 would probably be more interested in the floor plans proposed for this 35 project. 36 Commission Hears From Neighbors Who Either Oppose or Had Concerns About 37 the Proposal 38 Birger Kylander, 4013 Fordham Drive, didn' t want the City to give "a 39 blanket rezoning to the property without specifically knowing what' s 40 going in there" . Indicated that if Evergreen didn' t go ahead with 41 their plans, the neighbors could be left with a project like Mirror 42- Lane , which he said looked like "army barracks" . He perceived the 43 conditional use permit process should be used in this case. • 11 1 Manager Proposes Holding Up Final Rezoning Reading 2 Mr. Childs suggested another process whereby the Council could pass the , 3 first two readings of the Rezoning Ordinance, leaving the third to be 4 passed after the City has come to an agreement related to tax increment 5 funding and final design when the building permit is ready to be issued 6 for a project the City bargained for. The City would also have a 7 specific redevelopment agreement with the developer. He added that 8 conditional zoning was another issue being considered in the 9 Legislature right now and the city wouldn' t know for a couple of weeks 10 just what it was going to be allowed to do relative to conditional 11 zoning. 12 Mr. Hoium said that would be no problem for Evergreen, who 13 specifically wanted the zoning predicated on this particular project. 14 "North End Study" Doesn' t Support Limiting Development to Single Family 15 Homes 16 Mike McGinn, 4021 Fordham Drive, asked for the above document, which 17 the City Manager brought from the front offices. Mr. McGinn indicated 18 disappointment not to find the document supporting 18 to 20 single 19 family dwellings on that site, perceiving pilings might be one option 20 for such a development. 21 Keith Gordon, 4012 Fordham Drive, commented that it took less grading 22 for single home dwellings than for townhomes. 23 Hal Rodgers , 4011 Fordham Drive, indicated he understood the Count 24 and State had been paying to haul that fill into that site and it now 25 sounded "quite ridiculous" for the City to have to subsidize the fill 26 removal. He said he had heard the City planned to put a park in that 27 area at one time. He also questioned whether there would be enough 28 space for parking on the site, which, without adequate spaces for 29 visitors , he said could create traffic blockage on the streets. 30 Mr. Hill explained the aerator system which would keep the bond from 31 becoming stagnant and devices which would be used to protect that 32 equipment during the winter to Mrs. Morris Hall, 4020 Fordham Drive. 33 He said the generation of the pond would be the responsibility of the 34 homeowners association. 35 The process of tax increment financing was explained by Mr. Childs for 36 the benefit of John White, 3404 Silver Lane. He said the Council has 37 to justify the use of these funds, but in this case, he perceived that 38 would not be hard to do considering how long the property had 39 remained undeveloped and the condition of the subsoils. He also said 40 he perceived the Council was very ' conservative when it came to this 41 type of funding, but would prefer having the site developed for owner- 42 occupied townhomes rather than condos or apartments, which could be 43 built there under the multi-residence classification the Comprehensive 44 Plan has envisioned for the site. The Manager pointed out how the 12 i 1 tax increment funding had worked to get 29 townhomes built on the 2 property at 33rd and Old Highway 8 where there had been a business 03 which the neighbors found very objectionable. He said taxes from that 4 project would probably pay off that indebtedness in about six more 5 years. 6 Mr. Hoium told Richard Oertwich, 3408 Silver Lane , he was certain the 7 building proposed to be built closest to his property could easily be 8 repositioned to allow more than a 10 foot setback between properties or 9 a 3 unit building substituted for the large one in the plan. He also 10 verified that a one story structure was planned in that location unless 11 the buyer wanted to add another second story bedroom. Mr. Hill pointed 12 that there would be windows and not just blank wall on that side of the 13 building, which would be pretty much typical of a single family home. 14 He said that unit is 38 feet long, but has a 22 foot long garage, 15 making it 60 feet long. He also said the normal front yard setbacks 16 would be maintained with this development. 17 Mr. .McGinn indicated he could understand why the developer wanted to 18 get some sort of approval -before he spent any more money on the 19 project, but he was also concerned about changing the zoning before 20 more specifics were added. He was also concerned about an increase 21 of traffic on Fordham from 37 additional residences. He said the 22 1973 study had proposed a variety of uses for this land, including 23 single family homes , but he hadn' t been able to find specific reference 24 to the 15 homes he thought had been considered at that time. The 25 property owner warned that the attitude of those present would probably 26 not be as mild if apartments were ever proposed for that site as had �7 been "sort of threatened" several times that evening. 28 Richard Puffer, 4.025 Fordham Drive, said he had lived in this area over 29 30 years and on the long narrow lot next to the oertwich' s for the last 30 10 years. Mr. Puffer said ever since he bought the property he had 31 intended to sell off the back lot or build a smaller home in the back 32 for himself. He therefore wanted the site to stay the way it is. 33 Mrs. Thompson was assured that there was no reason to channel traffic 34 out on ' Fordham with a 44 foot wide street like Silver Lane designed as 35 the main thoroughfare. She said as long as that didn't happen, she 36 could bear the increase which might happen on 39th. 37 Mr. Childs said that he was quite certain the Council .would never want 38 to see an east/west connection made between Old Highway 8 and Silver 39 Lake Road on Silver Lane. 40 The City Manager said although he had at first said this was generally 41 aimed at the 55 and older market, he perceived it was also targeted at 42 young professionals without children and "empty nesters" because no 43 amenities for children had been proposed. 44 Allan Reid, 4001 Fordham Drive, said he owned the largest piece of ,;45 undeveloped property south of this site and he asked whether the City • 13 1 was going to "trap all that property in there?" . Mr. Hoium said all 2 entrances to this project would empty out on Silver Lane with goo 3 access to both Silver Lake Road and north to County Road E. He told 4 Mr. Reid with his lot extending from Fordham to the railroad track, his 5 back land was landlocked now and that wouldn' t change with this 6 development, but that he did have access to Fordham. Relative to 7 parking, Mr. Hoium said each unit would have a two car garage with two 8 parking places beyond that. He said there would be' a fair amount of 9 green area left over, but he doubted whether the neighbors wanted to 10 see that blacktopped. He said the 25 foot wide streets should be wide 11 enough to accommodate cars parking at least on one side. 12 Mr. Hoium told the neighbors the developers would be glad to make 13 adjustments like moving the building on Silver Lane Further east as 14 requested by the neighbor. He pointed out that 37 units was a 15 comparatively low density for the property and he perceived the project 16 was a good and attractive utilization of this land which was too nice 17 not to be utilized for the benefit of the City. The Evergreen 18 President added that he perceived these units , with a market from 19 $90 , 000 to $120, 000 , were commensurate with the housing , in St. 20 Anthony village, which the average home value in the City. 21 Mr. Hoium told Commissioner London they would hope to blend the grades 22 on the west side right in with the adjoining properties and said with — 23 300 foot lots there- would be at least a 100 foot buffer provided on 24 those yards only one of which has a garage to the rear. Mr. Hill said 25 the existing grades would probably be' maintained in Silver Lane wit 26 walkout (or walkup) entrances where the grade is steep, thereb}* 27 maintaining the existing drainage flow. 28 Chair Wagner commented that the Planning Commission was only interested 29 in a - concept plan for the project at this point, but the developer 30 would have to provide both detailed landscaping and drainage plans 31 before the final reading was given to the rezoning ordinance if that 32 was the way the Council went. He also reiterated that the Rice Creek 33 watershed District would see to it that the drainage wasn' t 34 detrimental to any, adjoining properties. 35 The hearing was closed at 10: 35 P.M. , for consideration of a Commission 36 recommendation to the Council. Commissioner London agreed that this 37 would be a much nicer project than the one on Old Highway 8 and he 38 said he was surprised at the value of the units considering they would 39 be next to a railroad track. 40 Mr. Childs commented that as a practical matter, townhomes this 41 expensive were unlikely to be rented out. Ms. Sheehy said most 42 townhome association bylaws forbade renting except under very special 43 conditions. 44 The Commission reaction to the plan was quite favorable as long as 45 safeguards were built into it later in the process. There was little 14 expectation that the land would ever be developed for single family homes. 3 Commission Recommendation 4 Motion by Madden, seconded by London to recommend that the City Council 5 change the zoning from R-1 (single family dwelling) to R-3 (townhome) 6 for the 37 unit townhome project proposed to be constructed by the 7 Evergreen Development Corporation on the parcel legally described as 8 Lots 1 , 2 , and 3 , Block 4 , Mounds View Acres, Ramsey County, MN and 9 Block 2 , Mounds View Acres, Ramsey County, MN and generally described 10 as a vacant parcel 5. 3 acres in size located east of Fordham Drive, 11 south of Silver Lane and west of the Soo Line Railroad tracks. The 12 commission recommends the zoning be changed on the condition that: 13 1 . The Zoning ordinance not be put into effect until detailed plans 14 have been received from the developer to include. berming along 15 the railroad track area; trees and shrubbery along the western 16 edge of the property; and an increased sideyard setback on the 17 northwest', corner. 18 2. Drainage would be subject to City engineering approval. 19 In recommending this zoning change, the Planning Commission finds that: 20 A. There will be speakers both for and against the proposal present 01 at the April 19th hearing on the proposal. 22 B. The proposed use appears to be the best utilization of that pro- 23 perty and is in conformance with the Comprehensive Plan. 24 Motion carried unanimously. 25 St. Anthony Shopping Center Signage 26 Commission Recommends Against Further St. Anthony Shopping Center 27 Signage 28 The hearing to consider a request for a variance from the City Sign 29 ordinance from the Eberhardt Company for a 1019" X 16 ' tenant 30 directory wall sign to be installed on the northwest wall of the north 31 shopping center building to face Kenzie Terrace opened at 10: 50 P.M. 32 Chair Wagner read the notice of the hearing which had been published in 33 the April 6th Bulletin sent to all property owners of record within 250 34 feet of the subject property. No one present reported failure to 35 receive the notice or objected to its content. 36 Application: from the shopping center managers for a 172 square 37 foot directory sign at the end of the old Brown Photo 38 location on which the names of the center businesses �9 would be listed individually in four inch letters. 15 1 5 . Noise would be kept at the level where there would be no annoy- 2 ante cf =adjacent businesses or residences and external speakers •3 would not be permitted. 4 6 . The arcade will be owned, opera-ted and controlled by Michael L. 5 Bonaventura and if the ownership, operation, or control changes , 6 the permit would terminate unless the new owner and operator was 7 approved by the City Council after review of the credentials and 8 qualif.ications of the new owner and operator. 9 7 . Occupancy would be strictly limited to the number of persons 10 specified by the Fire Marshal. 11 8. The number of amusement devices would be limited to 34 "or this 12 establishment. 13 In granti^.c this permit , the Council fins , as did the Planning 14 Commission, that: 15 a. Staff and- City officials have received a number of letters sup- 16 ' porting the permit and there were a number of residents from 17 that area, present at both the April 19th hearing and the Council' s 18 April 26th meeting who were in favor of the establishment. 19 b. No one spoke against the permit at either meeting and neighbor 20 and- Conimission concerns about how the operation would be run were 21 addressed as conditions for approval. 1023 22 c. The t�::ee conditions required to be satisfied before a conditional use permit may be authorized have been met with this approval. 24 Motion carried unanimously. 25 Sho-pping Center Signaae Reauest withdrawn 26 Mr. Childs indicated the applicants , perceiving that with the 27 Commission' s opposition to further ' center signage without a uniform 28 signage p', an, it would be more than likely that the Council would deny 29 their request , had withdrawn their application prior to the meeting. 30 Council Accatts Concert Plan for 37 Unit 'Evergreen Townhomes of St._ 31 Anthony Pro'.ect . 32 Perceiving that almost all the issues involved in the above had been 33 well covered in the minutes of the April 19th Planning Commission 34 hearing, Mayor Sundland called on Curtis Nordahl, 3513 Skycroft Drive, 35 who owned a landlocked piece of property adjacent to the railroad 36 tracks and four lots east of the subject property and had not attended 37 the Commission hearing. • 4 1 business to succeed Mr. Bonaventura at that 'location. Those concerns, 2 which . the Commission representative indicated were shared by the 3 Commissioners , had been written into the Commission recommendation tha� 4 the Council Grant the permit , Chair Gagner said. He also indicate 5 the Commissioners had found this to be a very unique establishment, 6 having no knowledge of any other quite like it. 7 City Attorney' s Guidance Sought Relative to Condition i6 8 The Commissioners had expressed some uncertainty as to how the above 9 should be written to address the concerns about what might succeed Mr. 10 Bonaventura once a permit for that type of business had been 11 established for that location. Mr. Soth suggested language which would 12 require any successor to meet the same criteria related to character, 13 past history, etc. which had been required of the applicant, which the 14 Council adopted for their motion. wh_ch was then read aloud by the 15 Planning Commission Chair for the benefit of those persons who were 16 present again that evening. One of these , Ruth Thompson, 3015 - 39th 17 Avenue N.S. was assured that by specifying hours of operation, the City 18 would not be preventing Mr. Bonaventura from opening later or closing 19 earlier , if business warranted. 20 Council Action 21 Motion by Marks , seconded by Makowske to grant Michael L. Bonaventura, 22 DBA Bono' s I:alt Shop and Arcade the necessary conditional use permit to 23 operate the establishment he proposed in the southwest corner of the 24 free-standing building formerly occupied by N.A.P.A. Auto Parts Storb 25 at Apache Plaza under the following conditions : 26 1 . Hours of operation would be from 11 : 00 A.M. to 11 : 00 P.M. , Monday 27 through Thursday during times District -0282 schools are not in 28 session and from 11 : 00 A.M. to midnight Friday and Saturday and 29 from noon to 10 : 00 P.M. on Sundays. During the time that the 30 schools are in session, the arcade can be open from 11 : 00 A.M. to 31 10: 00 . P.M. ; Monday through Thursday; 11 : 00 A.M. to midnight Friday 32 and Saturday; and from noon to 10: 00 P..M. Sunday. 33 2 . A minimum of two supervisory persons , easily recognizable as such, 34 whose ages are at least 21 , would, be on duty at this location 35 whenever the establishment is open. 36 3 . The malt shop/arcade shall be designated as a smoke, alcohol, and 37 drug free environment. 38 4 . During the first year of operation, the establishment will be 39 subject to review at the discretion of the City and thereafter, 40 on an .annual basis with input from the Police Chief based, on 41 statistics on the number and nature of calls his department has 42 to make to the establishment. 3 is 1 Mr. Nordahl , whose property was beyond the radius cf properties 2 required by law to be notified of the hearing, said he had not learned 3 until the previous Thursday about the townhome prcfect which he 4 perceived would have an adverse effect on this property. 5 Mr. Nordahl contended: 6 *the City had some responsibility for providing access to a 7 buildable lot they had allowed to be platted; 8 *throughout the March 20 , 1967 survey of his lot , copies of 9 which he had provided showing a possible cul du sac road ease- 10 ment indicated the City' s intent at that time to build a street 11 connecting his property to Silver Lane ; 12 *conceded that he had previously also owned lot 44 which abuts 13 Fordham Drive and which is adjacent to the now landlocked lot 14 when he sold lot 4 ad kept the landlocked lot , the Torrance 15 papers made no references to a road and he knew of no further 16 easements which had been granted since 1967; 17 18 *told Coubcilmember Enrooth he hadn' t gotten a legal opinion as 19 to how access would be provided either. before or after he split 20 off the back section but had been told during the period he 21 lived on Fordham Drive that it would only be a matter of time 22 before the three oversize lots next to him would be subdivided, 23 at which time the City would certainly provide access to, those 24 new homes . • 25 Mr. Nordahl had brought with him a copy of the North End Study done in 26 1973 on which a division line had been drawn through the undeveloped 27 properties. 28 Staff Responds to Property Owner Assertions 29 Mr. Childs indicated he had researched City documents to find any 30 which pertained to this issue. The only Council action he could find 31 had been a motion in 1967 in which the Council had "approved the 32 Villella Plat Addition subject to a read easement which would. provide 33 access for the properties adjacent to the Soo Line railroad tracks. " 34 The City Manager reported those minutes had included no further 35 discussion of the motion which might -indicate where the lots were or 36 where the street would come from although it seemed the road would 37 come down from Silver Lane and split existing properties right in the 38 middle. 39 Unfortunately, shortly after that the Council had gone ahead and 40 approved the -Ed Erickson addition on Silver Lane with two lots on which 41 there are no homes and from which each property would have to dedicate 42 at least 30 feet if a 60 foot City street were to be built to this 43 property. Since 1967 , Mr. Childs said he could find no other roadway 44 access was ever platted, dedicated, or acquired for that purpose and 5 • I there is at least one garage built over the space where any such 2 roadway would ever be built . 3 Mr. Childs concluded by saying that even if the Council in 1967 had 4 intended to build the connecting roadway to Silver Lane, no one ever 5 went ahead and got the right-of-way so now the one-eighth of a circle 6 road easement shown on Mr. Nordahl' s property is the only one the City 7 has in that area. 8 Mr. Soth told Mr. Nordahl if he were to gain access to Silver Lane, he 9 would have to acquire easements from the owners of Lots 5 , 6 , 7 , 8 , 9 , 10 10 , and 11 to do so. The City Attorney also told the property owner 11 that as long as he owned the lot on Fordha.m Drive, he had legal access 12 to that street from the back of his (the property owner' s ) own 13 property, but when Lot 4 was sold, a landlocked piece of property was 14 created. he also told Mr. Nordahl.'he could have sold Lot 4 subject to 15 an access easement. 16 Mr. Soth guessed that when the Council in 1967 had in mind was that if 17 the three very deep lots , 8 , 9 , and 10 , were ever subdivided for 18 development , a, road would probably have to be provided between the old 19 and new parcels. He said the City did what it could during that period 20 by getting a road easement on Lot 5 when it was subdivided but that 21 was as far as the City could go until the owners of the rest of the 22 undeveloped properties cam in to have their properties subdivided. He 23 perceived that with the Erickson addition already built up, the only- 24 option the City had today would be to require the towrhome developers 25 to provide a public street through their development . 26 In reference to the 1973 North End Study, Mr. Childs pointed out that 27 the 1980 Comprehensive Plan showing multi-family housing for that area 28 had superseded that earlier study. 29 Council Reaction 30 Ranallo looked at the North End Study and suggested the division line 31 might have been drawn in after the study was completed because it was 32 not done in white like all other planned streets had been. He also 33 pointed out that the line didn' t even extend the full distance to Mr. 34 Nordahl ' s property but veered off instead to the railroad property. 35 Mr. Nordahl said access to his property from along the railroad track 36 would be impossible because he property was 20 feet higher than the 37 tracks. 38 The Councilmember observed he had the same type of situation with his 39 own property which he had purchased with an extra 70 X 100 feet to be 40 used for backyard -while his family was growing up. He said that parcel 41 would be landlocked if he ever wanted to sell it and he would not 42 expect his neighbors to give up their own property to give him an 43 access. And, the City would certainly_ have no responsibility to take 44 an easement from them either. 6 • 1 7.nrooth told Mr . Norda l he certainly would have thought his attcrney 2 would have advised him that his abstract did not provide for any 3 easements for a road in the first place . He also noted that it had 4 taken 21 rears fcr the owners of lots 5 , 6 , 7 , , B , 9 , and 10, who all 5 might have land they might want to develop to raise concerns about 6 access to their properties. 7 Sundland pointed out that besides having to dedicate their property 8 to the City for a roadway, the property owners between Mr. Nordahl ' s 9 property and Silver Lane would also be agreeing to being assessed for a 10 street. as well as sewer and water lines which now runs between $35. 00 11 and $40 . 00 a foot. However, that would certainly have to be done if 12 any of the oversize or vacant lots are ever to be subdivided to put 13 houses next to the railroad track and if the area is developed as a 14 whole , the developer would probably have to provide access to Fordham 15 Drive. 16 Makowske pointed to the resistance to a roadway for the townhome 17 project accessing on Fordham Drive which had been demonstrated by the 18 homeowners on Fordham during the hearing. 19 Marks perceived that what needed to be done now was to have all the 20 owners of undeveloped property get together to try to resolve their 21 access problems so they could develop their property individually or 22 collectively. 23 The general consensus was that it would not be economically feasible 24 for the City to put in a street, sewer and water for the number of 25 single family homes which could be developed on the vacant property in • 26 that area. However , Mr. Childs indicated, that it is understood at 27 staff level that whenever the largest property owner came in to get his 28 property subdivided, a discussion of an access road would have to be 29 included" in the discussions of the subdivision. He assured Mr. Nordahl 30 that the City would make its best efforts to provide for his access 31 when the adjoining land is developed. 32 No Unanimity Evident in Neighborhood 33 Allan Reid, 4001 Fordham Drive, said he had not had opposition to the 34 townhome project per se but as the owner of the largest lot ( #7 ) , he 35 had some questions about landlocking all that property with the 36 development. He said communication with the owner of the two 37 undeveloped parcels , Lots 5 and 6 , had been difficult and he understood 38 the property owner had already turned down a request from a developer 39 who wanted to develop the entire parcel. When the property owner 40 pointed to a similar situation with oversize lots along Silver Lake 41 Road between 30th and 31st, he was told those owners were adamant about 42 not having an east/west street continued through their properties. 43 Mr. Childs reported Lots 8 , 9 , and 10 had already been cut into six 44 62 . 25 X 300 foot long lots and Mr. Puffer, who owns the north .one-half 45 of Lot 10 , had indicated at the Commission hearing that he might want • 7 1 to build another house on the back portion of his lot some time in the 2 future. :iowever, one of the residents in the Erickson Addition 3 Silver Lane , had indicated to him that one of the thincs he liked abou 4 the Evergreen proposal was that it would prevent the properties behind 5 him from being split in two. 6 John white, 3404 Silver Lane , said he was one of the Erickson Addition 7 property o wners ( Lot 1 ) and his neighbor, Richard Oertwich' s main 8 concerns were that the developer make the building adjustments and 9 provide the screening for their properties promised at the Commission 10 hearing, so "we won' t have to look at a long, blank townhouse wall. " 11 Mr. white said he didn' t think either of them would like to have a 12 street running next to Mr. Oertwich' s property either. 13 Mrs . Monroe Hall , 4020 Fordham Drive , wondered whether traffic from 14 the undeveloped lots would be ' accessing off Fordham, saying she 15 perceived private homes back there wouldn' t be the problem an 16 apartment house or townhomes might be. She was told there was a 17 possibility that the same developer might want to purchase all that 18 land for more townhomes and in that event a private road would 19 probably be developed to provide those residents with a Silver Lane 20 access . The property owner was also assured that although the R-3 21 zoning would probably remain once it was changed, the City' s intent now 22 is not to delay the final reading of that ordinance until after a 23 redevelopment agreement is signed with the developer who would have to 24 also provide a Letter of Credit to assure the project would go forward. 25 No final rezoning would be done until all those conditions were met. 26 Mr. Soth told Mrs. Hall that even with an R-3 zoning, nobody coul� 27 build townhomes there without subdividing the property for that 28 purpose, w;:ich would require Council approval after another public 29 hearing before the Planning Commission. 30 Evergreen Developer Says Not Ready to do More Than 37 Units At This 31 Time But Expansion of Townhomes Could Be a "workable Possibility" in 32 the Future 33 Vernon Hoium, Ursula Sheehy, Jim Hill, and Steven Yurick, were again 34 present to indicate the Evergreen Corporation' s interest in providing 35 the above with tax increment financing of the necessary soil 36 corrections. Mr. Hoium reacted to the concern that soil corrections 37 might prove too big for his project by reiterating Evergreen had 38 already received a firm bid not to exceed $327 , 000 from a very 39 reputable firm to make any soil corrections which would be necessary 40 for the townhome project. He said he had no reason to doubt they 41 would be able to perform as promised and reaffirmed that Evergreen 42 can see no reason for not following through on their proposal to 43 construct 37 townhomes on that site after the soil corrections are 44 made. The Evergreen President requested the Commission recommendation 45 be modified to allow the developers to "berm or screen" the project 46 along the railroad track, saying the elevations at some points made 47 planting trees and shrubs more feasible than berming. Mr. Hoium to 8 1 Councilmember Makowske there would be no problem increasing the 2 sideyard setbacks next to Mr. Oertwich' s property as requested by the •3 neighbors. 4 Mr. Hill told the Councilmember the site could accommodate a private 40 5 foot wide road but a 60 foot wide public street would leave inadequate 6 setbacks for the adjoining townhome units . 7 Mr. Hoium indicated 37 units were all his firm believed they could 8 handle at this time but if they were successful in selling those right 9 away, he could see the possibility of adding 15 or more units to the 10 undeveloped land to the south for which a private road could probably 11 be negotiated to connect with the street through this project accessing 12 onto Silver Lane. 13 Mr. Childs interjected at this point that he had calculated thee would 14 be a little more than three acres of undeveloped land available on Lots 15 5 , 6 , and 7, which would mean no more than about- _ 21 townhomes at the 16 density Evergreen was proposing for their current project . 17 Project Name Changed to Evergreen Townhomes of St . Anthony 18 Mr. Hoium said the name change had been made when the presence of a 19 Silver Oaks residential project close by was drawn to their attention. 20 Council Action 21 Motion by Enrooth, seconded by Ranallo to follow the -recommendat-ions - • 22 of the Planning Commission and to authorize the City Attorney to 23 prepare the ordinance which would be necessary to change the zoning 24 from R-1 ( single family dwelling) to R-3 (townhome) for the 37 unit 25 townhome project proposed to be . constructed by the .Evergreen 26 Development Corporation on the parcel legally described as Lots 1 , 2 , 27 and 3 Block 4 and Block 2 , Mounds View Acres 2nd Addition, Ramsey 28 County, Minnesota , and generally described as a vacant parcel 5 . 3 29 acres in size located east of Fordham Drive , south of Silver Lane , and 30 west of the Soo Line railroad tracks . As .recommended by the Planning 31 Commission, the zoning would. only be changed on the conditions that: 32 1 . The Zoning Ordinance not be put into ,effect until detailed plans 33 have been received from the developer to .include berming or 34 screening along the railroad track area; trees and shrubbery 35 along the western edge of the property; and an increased sideyard 36 setback on the northwest corner. 37 2 . Drainage would be subject to City engineering approval. .38 In allowing the rezoning process -to be started, the Council finds, as 39 did the Planning Commission, that: • 9 1 A. Viewpoints of both those who favor and those who oppose the pro- 2 jec.t had been thoroughly explored during the April 19th Commissiole 3 hearing and the Council meeting April 26th. 4 B. The proposed use appears to be the best utilization of that pro- 5 perty and would be in conformance with the 1980 Comprehensive Plan 6 for that area. 7 C. The Planning Commission gave unanimous approval to the request. 8 Motion carried unanimously. 9 NEW BUSINESS 10 As a courtesy to Lloyd Peterson, ,.project engineer from Rieke-Carroll- 11 Muller Associates , the consideration of bids on the St. Anthony 12 Boulevard reconstruction project was moved up on the agenda. 13 ST. ANTHONY BOULEVARD/KENZIE TERRACE PROJECT BID CLOSE TO $150 , 000 14 UNDER ENGINEER' S ESTIMATE 15 Mr. Childs drew the Council' s attention to the fact that the low bid of 16 $256 , 248. 67 from Ashbach Construction Company had come in almost 17 $150 , 000 under a very conservative engineer ' s estimate of $400, 000 to 18 do the project. The City Manager indicated the following about that 19 bid: 20 *the low bidder had furnished the City with a written statement • 21 ..that their failure to acknowledge Addenda #1 would not mean 22 they would make any claim for additional compensation on the 23 project; 24 *both the City Attorney and RCM' s attorney had verified that the 25 contractor ' s failure to acknowledge receipt of the addenda would 26 not void the bids; 27 *addenda 01 had changed the time schedule for concrete work for 28 driveways on Kenzie Terrace -where traffic signals are to be 29 constructed to extend the completion date until August when the 30 contractor- would finish both sections of the project but would 31 require a substantial portion of the Kenzie Terrace project to be 32 completed by May 31st rather than totally completed by that 33 date. No other project time schedules or penalties had been 34 amended; 35 *Ashbach was able to bid the job lower because they were the 36 only bidders who had their own concrete and blacktop recycling 37 operation and many of the other bidders might have had to have 38 them do the recycling work for them; 39 • 10 1d1�!-!-!-1� ° P ❑ - - - -Lll - :� s 1 ao 1 t < lei = LlMo©;--n � cn s 0 - z > I 1 I V 1� I I � S� o -� C 3 n a ; bawl ppK1 Ca1sn.Ne. Onc �rwp ssr wr ti orw ar.�rr r�r RwYam sr+•.e a.�r".rr sc+wo.we. ppNAl F i1NEN .r....—.a►,°...r....r...e.r.. PLA NIVG & N rw r w err r rw�r Onrn� DESIGN, INC. 6.1 2 780-1„ ;„920 . ain ilia Othon e ATE-: APPROVAL October 14 1988 TO : Planning Commission Members FROM David M. Childs City Manager yj ITEM : REQUEST FROM MINNESOTA SCIENTIFIC On August 18, 1987 the Planning Commission recommended that Minnesota Scientific be allowed a 12 X 56 foot temporary office at 3839 Chandl- er Drive. The Commission recommended that the trailer be removed no later than December, 1988 , and within 10 days of Minnesota Scientific vacating the building. The City Council approved the recommendation of the Commission, but gave an earlier deadline for removal of the trailer at October 31 , 1988 . The applicants state that their move to a new location has been delayed a few months and they are asking for an extension to the permit deadline. Their attached letter and the minutes from the previous meetings should bring you up to date on this. We have received no calls either for or against this request. :cjk10. 18. 88 DONATELLE PROPERTIES 401 COUNTY RD.E-2 WEST NEW BRIGHTON.MN 55112 • (612)633-4200 September 19, 1988 City of St. Anthony 3301 Silver Lake Road St. Anthony, Mn. 55418 Attn: Mr. David Childs Re: Property @ 3839 Chandler Dr. We are the owners of the building at 3839 Chandler Drive. This building has been leased to Minnesota Scientific for the past three (3) years. Because of a need for extra space, Minnesota Scientific found it necessary to add a "temporary" mobil office on the property. This was granted to them by the City of St. Anthony thru 10-31-88 . Minnesota Scientific ' s lease with us at 3839, Chandler Drive, expires on 11-30-88 . However, we are negotiating to lease space to them at our New Brighton facility. The space in New Brighton is currently leased by our tenants thru 12-31-88. There is some renovation and remodeling needed and this space probably won' t be ,available to Minnesota Scientific until February or March 1989 . • In order to assure a smooth moving process, as well as secure this lease, we find it necessary to request this extension of the Special Use Permit until April 1, 1989. We, of course, in the meantime, will be actively seeking to lease out the building at 3839 Chandler Drive. We take pride in our property and assure you that this building will be leased to a company that St. Anthony will be proud to have as part of their community. Thank you in advance for your co-operation. If you have any questions, please do not hesitate to call. Yours very) truly, Michael J. Donatelle Charles S. Donatelle mjd/bjd • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, October 18 , 1988 at 7:50 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corners for the following purpose: Consideration of 'a request from Minnesota Scientific, Inc. , 3839 Chandler Drive, for an extension to the existing special use permit X14-87 which allows a 672 square foot temporary mobile office on the east side of the build- • ing at that location. The applicants request a 5-month extension from the current deadline of October 31 , 1988. Anyone wishing to be heard with reference to the above matter will , be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: October 5, 1988 • John Mezzenga Marshall Screw Products Apache Print 3813 Chandler Drive N.E. 3820 Chandler Drive N.E. 3819 Chandler Drive N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Happy's Potato Chip Co. Village Properties Mirror Lake Condo Association. 00 Ch O dler Drive n.E. c/o Ken Solie 4000 Foss Road N.E. . Anthony, MN 55421 2817 Silver Lane St. Anthony, MN 55421 St. Anthony, MN 55421 J. R. Gould & Sons Bernard Blanske Russell Teske 3820 Foss Road N.E. 3829 Foss Road N.E. 1100 PC Hwy. 2, Ste. 93 St. Anthony, MN 55421 St. Anthony, MN 55421 Hermose Beach, CA 90254 Re: 3821 Foss Road Fudali et al Law Firm Phyllis Fudali William G. Graff Mark Jurkovich 2408 Central Avenue N.E. 3824 Foss Road N.E. 3753 Foss Road N.E-. Minneapolis, MN 55418 St. Anthony, MN 55421 St. Anthony, MN 55421 Re: 3759 Foss Road N.E. Lezlee Hustad Richard Sauer Robert Patterson 3755 Foss Road N.E. 3757 Foss Road N.E. 3761 Foss Road N.E. St. Anthony, MN 55421' St. Anthony, MN 55421 St. *Anthony, MN 55421 Leo Zaworski 3763 Foss Road N.E. t. Anthony, MN 55421 Mailing List for 3839 Chandler Drive i 9 f 7 •1 Motion by Marks , seconded by Enrooth to approve payment of $9 , 000 2 to School District #282 for the City' s use of the Parkview 3 facilities during July, August, and September. 4 Motion carried unanimously. 5 Motion by Ranallo, seconded by Marks to approve payment of 6 $45 , 552 . 00 to Fullerton Lumber of materials used in the liquor off 7 sale addition. 8 Motion carried unanimously. 9 Motion by Makowske, seconded by Marks to approve payment of 10 $24, 896 . 08 to the Metropolitan Waste Control Commission for sewer 11 services during August. 12 Motion carried unanimously. 13 REPORTS 14 AUGUST 11 , 1987 PLANNING COMMISSION MINUTES — ROSEMARY FRANZESE 15 Request for Zoning Ordinance Amendment for Additional Caretaker 16 Unit in Mini-Warehouse Facility Postponed Until September 67 The Planning Commission Chair reported the above had resulted from 8 a request from the applicants . 19 Three to Two Vote Grants Minnesota Scientific Request for a 20 TemAorary Mobile Office at 3839 Chandler Drive 21 Application: for a Special Use Permit to allow. Minnesota Scient- 22 ific to locate a 12 foot X 56 foot temporary 23 mobile office on the east side of the building 24 the firm leases from Donatelle Properties at the 25 above address until December , 1988 . 26 Supporting 27 documents : same as had been provided the Planning Commission. 28 Commission Franzese reported the major portion of the Com- 29 recommenda- mission' s discussion had been related to how long 30 tion the trailer would remain on the premises once the 31 lessees had left; 32 indicated Commission had recommended the permit 33 be granted under the conditions reported in the 34 minutes. 35 Proponent : Bruce LeVahn, President of Minnesota Scientific • 2 1 told Mayor Sundland his move to New Brighton was • 2 only a possibility because negotiations with Dona- 3 telle to provide his firm with a new building was 4 still in the talking stages; 5 6 reiterated his lease wouldn' t expire until October 7 31 , 1988 and he had only requested the City set a 8 December date for the trailer ' s removal so he 9 could have some leeway if the building he was 10 moving to wasn' t ready yet; 11 agreed with Councilmember Enrooth that there were 12 empty office spaces in the area but said an 13 attached office would provide better communication 14 with the sales and . marketing staff who would be 15 housed in the trailer; 16 indicated Mr. Childs had been right when he said 17 Minnesota Scientific had grown much faster than 18 had ever been anticipated and at first had been 19 disappointed when Donatelle had refused to sign 20 a five year lease with them. Now, of course, 21 they were happy not to be held to a longer lease 22 on a building which they had outgrown; 23 reported Donatelle had unsuccessfully sought to 24 buy the property behind their building and had •25 been forced to move out of St. Anthony for their 26 own expansion purposes; 27 indicated his firm had not even begun to explore 28 just how much additional square footage they might 29 need by next year , but certainly wouldn' t fore- 30 close the possibility of relocating in 31 St. Anthony; 32 said he had only tentatively considered a New 33 Brighton location because Donatelle had indicated 34 they considered his company to be good .tenants 35 and. might be able to provide the needed space in 36 the additional property they are constructing in 37 New Brighton. 38 Council Makowske said she recalled when the City had 39 reaction: allowed Central Engineering to have a similar 40 trailer on their property, it had been because 41 they were adding to their existing building and 42 she thought this was an entirely different case; 43 indicated she was uncomfortable with granting a 44 permit in this instance. 3 1 Enrooth agreed, saying he couldn' t see why Minne- 2 sota Scientific couldn' t just find other office ' • 3 space which was plentiful in St. Anthony; 4 agreed the whole building vacated by Medtronics 5 would be too large for Minnesota Scientific but 6 said .he understood Medtronics was considering 7 parceling it out for some sort of medical complex. 8 Ranallo said he could see Councilmember Makowske ' s 9 point that the City wouldn' t want a sudden pro- 10 liferation of trailer offices which would make 11 St. Anthony look "junky; " 12 told Councilmember Enrooth Medtronics wanted to 13 sell the whole building and let somebody else 14 parcel it out; 15 was told by Mr. Childs that . the R. L. Johnson Com- 16 pany had about 150 of its office workers in the 17 building on a temporary basis. 18 Marks. stated he considered this to be a reasonable 19 request because Mr. LeVahn still has another year 20 on his lease which he probably wouldn' t want to 21 break just to get additional space; 22 commented that if he were in charge of this firm, • 23 he would also find split offices very unmanageable 24 and would want to have all his staff consolidated 25 under one roof ; 26 said he would have no problem at all approving 27 this request. 28 Makowske said she did have a problem with grant- 29 ing this request because the Council had just 30 passed an ordinance preventing vehicles from being 31 parked on lawns and now "we ' re going to let a 32 business park a trailer on the lawn. " ; 33 told Mr. LaVahn she recognized it would be much 34 better for him to have all his staff at one site; 35 but 36 said she didn' t see the justification for trailers 37 all over in St. Anthony just to accommodate the 38 businesses ; 39 indicated this would not create the -kind of atmos- 40 phere she would like to see; • 4 1 concluded by saying, although she perceived the •2 Planning Commission had been careful to impose 3 good conditions on the permit, she still opposed 4 the concept.. 5 Marks responded by saying the picture of the Gelco 6 trailer in the agenda packet certainly didn' t look 7 "junky" to him and the Planning Chair had 8 indicated it would fit attractively next to the 9 building. 10 Franzese responded by pointing out that the 11 trailer would be the same width as the building 12 so it shouldn' t give- the impression of just being 13 added on and shouldn't detract from the appearance 14 of the neighborhood; 15 reported the only response from that neighborhood 16 ..had been from the next door neighbor who said he 17 was only concerned that the trailer be removed 18 when the firm moved and was not opposed to its 19 placement under the conditions the Commission 20 recommended be imposed upon granting the permit. 21 Sundland said he recalled a similar instance where 22 the City had allowed Medtronics , who had outgrown 0-3 their building in St. Anthony, to put a mobile 24 office next to their building until their building 25 in Fridley was completed; 26 indicated he shared Councilmember Makowske' s con- 27 cerns but tended to agree with the Planning Com- 28 mission that , if all the conditions the Commission 29 recommended are met and the trailer is removed 30 when the company moves, the permit should be 31 granted. 32 Council Action 33 Motion by Ranallo, seconded by Sundland to grant a special Use 34 Permit to Minnesota Scientific which would allow that company to 35 temporarily install the 672 square foot mobile office they propose 36 on the east side of their building at 3839 Chandler Drive, on the 37 conditions that: 38 *the trailer would be removed by October 31 , 1988 ; 39 *the structure meets all applicable building, electrical, 40 fire, and placement codes; • 5 1 *the trailer be properly skirted and otherwise installed to • 2 be aesthetically pleasing to the neighborhood; 3 *no trees be removed from the site to accommodate the 4 structure; 5 *the area where the trailer is sited be resodded or reseeded 6 as needed, once the structure is removed; . 7 *the permit only applies to the operations of Minnesota 8 Scientific and that immediate removal should be required 9 should they cease operations prior to the expiration of 10 the permit. 11 In granting the permit, the Council finds, as did the Planning 12 Commission, that there have been no expressions of neighborhood 13 objection to the permit and the only person who spoke at the 14 Commission had been the next door neighbor who said he had no 15 objections to the permit per se, but was only concerned that the 16 trailer be removed at the same time Minnesota Scientific vacates 17 the premises. 18 Voting on the motion: 19 Aye: Ranallo, Sundland, Marks. 20 Nay: Makowske , Enrooth. • 21 Motion carried. -2-2—� 23 COUNCIL REPORTS 24 Council Remains Opposed to Pull Tabs in . St. Anthony 25 Mayor Sundland said he knew each of the Councilmembers , like he, 26 had been talked to by St. Anthony Lions Club members pushing for a 27 change in the City' s policy against such "fund raisers" being 28 conducted in the City. The Mayor said he had told the Lions who 29 had contacted him about conducting these games in the City liquor 30 stores , that, although he was fairly certain they wouldn' t change 31 many minds , their organization would -be given an opportunity to 32 make a formal' request - to the Council. 33 Council Makowske reported she had taken the Lions members 34 response: who had called her to the August 19th Ramsey 35 County League of Local Governments meeting where 36 problems experienced with pull tabs had been 37 reported; 38 said when Roger Franke, Executive Secretary of the 39 Minnesota Charitable Gambling Control Board had 6 3 •1 100 units for general occupancy and Kraus Anderson would construct 2 the commercial portion. 3 The Manager said the H.R.A. would be reviewing those proposals, looking 4 at each developers ' financial strength and judging the proposals on how 5 they related to the design guidelines , etc. , which had been established 6 for the project . He said he expected two of these companies to be 7 interviewed prior to the Council meeting and during the H.R.A. meeting 8 scheduled to be held August 25th, with possibly one of them being . 9 selected at that time. If one developer is named that evening, they 10 would be given 30 days to work out a Redevelopers Agreement for doing 11 the project. If no agreement is worked out by then, the next highest 12 ranking contractor would be contacted to try to negotiate an acceptable 13 agreement with the H.R.A. , according to Mr. Childs. He added that all 14 four developers had appeared to meet all minimum requirements for a 15 "solid" developer with the financial strength to do a project which 16 would meet the tax increment needs of the City and all wanted to get 17 started right away. 18 with public hearings required before both the Commission and Council 19 once a developer is selected, and the time it would probably take to 20 acquire the land, Mr. Childs said he thought it would . probably not be 21 before spring when construction could start, even though a few of the 22 firms had indicated a willingness to get going by February. The Manager 23 then invited the Commissioners to look at the copies of the proposals &4 which are available at City Hall. 25 The Manager then brought the Chair up to date on the new retail center 26 being constructed west of the Apache Mall , saying he understood the 27 building had been constructed to the point where tenants could finish 28 them to their own needs . The next public hearing scheduled for that 29 evening was opened at 7 : 50 P.M. , as scheduled. 30 CONTINUATION OF PUBLIC HEARINGS .-,-.•31 Request for Temporary Office Facility for Minnesota Scientific Gains " 32 Recommendation for Approval Under Certain Conditions 33 The Chair read the notice of the hearing, which had been published in 34 the August 5th Bulletin and sent to all property. owners of record within 35 350 feet of the subject property. No one present reported failure to 36 receive the notice or objected to its content. 37 Application: for a Special Use Permit to allow Minnesota Scientific 38 to locate a 12 foot X 56 foot temporary mobile office on 39 the east side of the building they lease from Donatelle 40 Properties at 3839 Chandler Drive, until December, 1988 . 41 Supporting 42 Documents: July 29th letter from the Minnesota. Scientific President, �3 Bruce LeVahn; 4 1 Mr. Childs ' August 14th- memorandum related to the • 2 request proposing conditions which he perceived should 3 be imposed if the .Commission decides to recommend 4 approval. 5 Staff report: Childs reiterated the advice in his memo as well as the 6 direction from the City Attorney that the matter should 7 be handled under a Conditional Use Permit since the City 8 doesn' t specifically address temporary structures of this 9 type; 10 said a permit of this type would not assume the use is 11 allowed and would give the City the option of imposing 12 reasonable conditions upon its use, thus giving the Com- 13 mission and Council two decision points ; 14 included in the Commission' s task that night would be to 15 determine whether the use is allowed at all and to recom- 16 mend the conditions under which the Council should grant 17 a temporary permit to the applicants for the detached 18 mobile structure they were requesting; 19 reported there had been no calls either for or against 20 the proposal. 21 Proponent: Mr. LeVahn repeated information he had given in his • 22 letter related to the reasons his firm needs the extra 23 housing before they move to larger facilities Dona- 24 telle has promised to provide in New Brighton when 25 their lease expires; 26 indicated his firm' s sales and marketing offices would 27 be located in the mobile structure which would have to be 28 sited at least four feet away from the building to allow 29 access ; 30 reported he had viewed one of the Gelco Space mobile 31 offices that day and had seen for himself that the pro- 32 posed structure would .be the same length as the building 33 itself so it would present a pleasing appearance which 34 would not be detrimental to the neighborhood; 35 said he would be willing to skirt the structure if the 36 City wanted. him to. 37 Commission 38 reaction: Madden questioned whether the front of the building 39 actually faced Foss Road rather than Chandler Drive and 40 wondered if the temporary. structure couldn' t be located 41 on the west side; 0 5 �1 acknowledged that there was a dock on that side but said 2 by doing that , the trailer would not be next to the resi- 3 dence on Chandler Drive; 4 was told by the firm president the building' s address is 5 Chandler Drive and even though there might be an access 6 on the far south side of the building, the Chandler Road 7 access would be easier in the winter; 8 Hansen was told the distance the trailer could be sited 9 from the building would depend on the type of wall 10 materials used and that the codes would be checked 11 regarding that point before a building permit would be 12 issued; 13 questioned why the request had not reflected the firm' s 14 intent of moving when the lease expired in October; 15 was told by Mr . LeVahn that, with the kind of- rents 16 Gelco charged, there was little chance the trailer 17 would be left on the site once Minnesota Scientific had 18 moved. 19 Wingard was told by Mr. LeVahn that the existing ash 20 tree should- not be disturbed when the trailer is put in W1 place and that any sod which is damaged, would be re- 22 placed when his firm moves . 23 Franzese was told by Mr. Childs that he had been unable 24 to find records for specific permits for similar uses 25 although he recalled a request for a trailer next to 26 Central Engineering while that firm' s building was 27 being expanded and that the trailer Elmwood Church had 28 indicated they needed during construction had never been 29 put on that site. 30 Neighbor 31 Concerns: Bill Graff , 3824 Foss Road N.E. , indicated his only -con- 32 cern was that when Minnesota Scientific moved out of 33 that the trailer be removed at the same time; 34 added, however , that since Mr. LeVahn had assured the 35 Commission that would be done, he, would not be against 36 the City granting the permit. 37 No other persons were present to provide further input and the Chair 38 closed the hearing at 8: 03 P.M. for Commission consideration of a 39 recommendation to the Council. 6 �. 1 Commission Action 2 Motion by Wingard, seconded by Wagner to recommend the Council grant a 3 Special Use Permit to Minnesota Scientific which would allow the company . 4 to temporarily install the 672 square foot mobile office they propose 5 on the east side of their building at 3839 Chandler Drive, on the 6 condition that: 7 *the trailer would be removed within 10 days of the date of Minne- 8 sota Scientific moves from their current building, but in any 9 event, the permit be issued for no later than December, 1988 ; 10 *the structure meets all applicable building, electrical, fire 11 and placement codes; 12 *the trailer be properly skirted and otherwise installed to be 13 aesthetically pleasing to the neighborhood; 14 *no trees be removed from the site to accommodate the structure; 15 the area where the trailer is sited be resoded or reseeded as 16 needed, once the structure is removed; 17 *the permit only apply to the operations of Minnesota Scientific 18 and that immediate removal should be required should they cease 19 operations prior to the expiration of the permit. 20 In recommending the permit be granted, the Commission finds there have 21 been no expressions of neighborhood objection to the permit and the only 22 person who spoke at the Commission hearing was the next door neighbor 23 who said he had no objections to the permit per se, but was only 24 concerned that the trailer be removed at the same time Minnesota 25 Scientific vacates the premises . 26 Motion carried unanimously. 27 City' s Negotiations on Parkview Building Reported 28 When Commissioner Wingard had indicated he would like to see the City 29 find an acceptable site in St. Anthony to which Minnesota Scientific 30 could relocate rather than having Donatelle construct a building for 31 them in New Brighton, Mr. Childs facetiously suggested the Parkview 32 building might have the 10 ,000 square feet of space Mr. LeVahn was 33 looking for. 34 In a more serious vein, the Manager gave the above report which had been 35 requested by Commissioner Hansen, telling the Commissioners that: 36 *a while ago, District #282 had approached the City to ascertain • 37 its interest in acquiring that building; 38 • C 2 TY O F S T _ ANTHONY COUN C 2 L M I NUTS S SEPTEMBER 27 , 3- 988 1 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led 2 by Mayor Sundland. 3 ROLL CALL 4 Present for roll call : Marks, Ranallo, Sundland, Makowske. 5 Absent: Enrooth (arrived at 7: 37 P.M: ) 6 Also present: David Childs, City Manager 7 William Soth, City Attorney 8 Sue VanderHeyden, Assistant to the City Manager 9 Larry Hamer, Public Works Director 10 SEPTEMBER 13, 1988 COUNCIL MINUTES 11 Motion by Makowske, seconded by Marks to approve the above with the 2 following changes: Page 6, line 12: Substitute "who" for "which" at beginning of line. 14 Page 8, line 3 : Substitute "and" for "ad" between "serve" and 15 "she" . 16 Page 9, line 42: Insert "you had" between "if" and "normal". 17 Page 11 , line 10: Substitute "he" for "her" before "personally" . 18 Page 14, line 16: Insert "the Center for" before "Computer 19 Studies" . 20 Motion carried unanimously. 21 LICENSESfPERNITSJPETITIONS 22 Motion by Ranallo, seconded by Marks to grant the following licenses as 23 listed in the September 27th Council agenda packet: 24 Contractor 25 Builders & Remodelers, Inc. , Minneapolis 26 Juke Box 27 Bono's Malt Shop 1 1 Heating 2 Preferred Mechanical Services, Inc. 3 Motion carried unanimously. 4 CLAIMS 5 Motion by Marks, seconded by Makowske to approve payment of all City 6 accounts payable listed for August 31 and September 16 , 1988 as well as 7 the Liquor accounts payable listed for August 31, 1988 in the September 8 27th Council agenda packet. 9 Motion carried unanimously. 10 Motion by Makowske, seconded by Marks to approve payment of $4 , 212 .00 11 to Calgon Corporation for services on the City's temporary carbon 12 filtration system through August 31 , 1988 . 13 Motion carried unanimously. 14 Motion by Marks, seconded by Makowske to approve payment of $6, 621 . 55 15 to Miracle Recreation Equipment Co. for playground equipment to be 16 installed in Central Park. 17 Motion carried unanimously. 18 SEPTEMBER 20 1988 PLANNING COMMISSION MINUTES - GEORGE WAGNER, CHAIR . 19 Osterbauer Rezoning Classification Request -Withdrawn 20 The Commission Chair indicated the applicant had withdrawn the request 21 which had been extensively reported in the minutes. 22 License Number Specification Removed From Bono's Malt Shoo Conditional 23 Use Permit 24 Application 25 Michael Bonaventura, . owner of the above establishment at 3800 Silver 26 Lake Road, to amend his conditional use permit to allow 45 rather than 27 34 licenses for amusement devices for his. malt shop as they became 28 available to him. 29 Commission Recommendation 30 Unanimous recommendation that the Council amend the conditions under 31 which the permit had been granted to increase the number of licenses for 32 that location to 45. 33 Council Reaction 2 1 Councilmembers Marks and Ranallo moved . that the Commission • recommendation be accepted. 3 Councilmember Makowske indicated she would rather see the specific 4 number of licenses dropped and Mr. Bonaventura's Conditional Use Permit 5 amended to delete any reference to number of licenses allowed this 6 location because: 7 *the fact that only a total of 106 such licenses are allowed in the 8 . City by Ordinance would in itself place a certain limitation on the 9 number of licenses which would be available to Mr. Bonaventura; 10 *the Council would avoid specifying that almost half of the licenses 11 which can be issued would go to one business. 12 Mayor Sundland agreed that no top number should be imposed on this 13 permit, perceiving that the applicant had testified that 45 was the 14 optimum number of devices his operation could use anyway. 15 Mr. Childs told Councilmember Ranallo the Ordinance restricting the 16 number of licenses in the City had been adopted after the Fun Center had 17 opened and the licenses that establishment held were not limited by a 18 Conditional Use Permit. 19 Councilmember Marks indicated he would be willing to amend his motion 20 in accordance with Councilmember Makowske's recommendation, perceiving 46 there had been no such restrictions placed on any other business with amusement devices up to now. 23 None of the residents who were present for the meeting indicated an 24 interest in the issue or objected to the deletion. 25 Council Action 26 Motion by Marks, seconded by Ranallo to delete all references to the 27 number of licenses for amusement devices contained in Conditional Use 28 Permit #88-08 which had been issued to Michael Bonaventura for the malt 29 shop at 3800 Silver Lake Road, finding that: 30 1. The deletion meets all three conditions which are required to be 31 satisfied before a Conditional Use Permit may be authorized. 32 2. There was no, opposition demonstrated to increasing the number of 33 licenses allowed this establishment during the Planning Commission 34 hearing September 20th and no opposition to the deletion of license 35 limitations was expressed during the Council consideration. 36 3 . The Council concurs with the Planning Commission perception that the 37 malt shop is an asset to the community. 38 Motion carried unanimously. • 3 1 NEW BUSINESS 2 Miller Schroeder to Purchase 5210,000 General Obligation Sewer Revenue • 3 Bonds to Cover Costs of Replacing Foss Road Lift Station 4 Daniel W. Hartman, Vice President of the above firm, indicated he was 5 advising that his firm purchase the bonds and serve as the underwriter, 6 thereby eliminating the adviser fees which would make the issuance costs 7 much higher than would be paid in underwriter costs. The agenda packet 8 had contained a copy of his September 15th memorandum on how he proposed 9 the issue be structured, including a debt service schedule for which he 10 ' offered a substitute document indicating the interest rates would be it 6.47% on a 7 year bond issue instead of the 6. 336% he had originally 12 estimated. 13 The Miller Schroeder executive indicated his staff had priced the issue 14 based on the bond market interest rate as of that date for other issues 15 of comparable value. He distributed two other reports with comparison 16 which he said he perceived supported that rate. 17 Mr. Hartman added that a $200,000. 00 issue would be more expensive to 18 market than one for a million dollars if his firm had gone to public 19 sale with the bonds. The rates would have been higher than two issues 20 that same day for West St. Paul and White Bear Lake which were much 21 larger and involved non-callable bonds. 22 Jerry Gilligan of Dorsey & Whitney, had prepared the necessary 23 documentation for the issue which had been distributed prior to the • 24 meeting. 25 Council Action 26 Motion by Marks, seconded by Enrooth to adopt Resolution 88-039. 27 RESOLUTION 88-039 28 A RESOLUTION RELATING TO $210,000 GENERAL 29 OBLIGATION SEWER REVENUE BONDS OF 1988; 30 AUTHORIZING THE ISSUANCE, AWARDING THE SALE, 31 FIXING THE FORM AND DETAILS, AND PROVIDING 32 FOR THE EXECUTION AND DELIVERY THEREOF 33 AND SECURITY THEREFOR 34 Motion carried unanimously. 35 Contract for S189,700 Awarded to NewMech Companies, Inc for Foss Road 36 Lift Station and Meter Vault Replacement 37 Leonard C. Newquist of Short-Elliott-Hendrickson, Inc. , project 38 engineer, reiterated the information contained in his September 22nd 39 letter to Larry Hamer, which had been included in the agenda packet. 40 Mr. Newquist indicated further that: 4 • 1 *although there had been six companies who had paid $30 .00 deposits for the plans, and he had expected at least three of these to bid, only NewMech had submitted the above bid September 21st; 4 *the size of the pro.ject and the fact that it requires subcontracting 5 specialties like mechanical and electrical might have resulted in some 6 disinterest on the part of other contractors; 7 *besides advertising for bids in the Bulletin, the project was also 8 advertised in the Construction Bulletin: 9 10 *The engineers estimate of $175, 000.00 for the lift station alone was it based on the study the City had done over a year ago and was not 12 revealed to the bidders; 13 *NewMech did not know-they were only bidding against- themselves and 14 bid $171,400.00 to construct the lift station and $18,300.00 for the 15 meter vault which will be a Metropolitan Waste Control. Commission 16 facility for which the MWCC would be reimbursing the City; 17 *the vault cost, which MWCC had added to be redesigning their project, 18 had been added to the contract because the meter would not be put into 19 the vault right away and the City would have to provide service in the 20 interim. 21 Nr. Newquist reiterated that his firm had received very satisfactory isreferences for NewMech from the Minnesota Pollution Control Agency for whom they are constructing several projects right now as well as from 24 other companies who have found the contractor to be "both experienced 25 and qualified for this type of work. " Nr. Childs indicated staff was 26 familiar with NewMech's qualifications through the subcontracting work 27 they had done on the carbon system. The engineer also told the Council 28 that as of that date, the MPCA had not yet issued a permit for the 29 project and he was therefore recommending their award be made contingent 30 upon that permit being issued. 31 Council Action 32 Motion by Ranallo, seconded by Marks to award the contract for the Foss 33 Road Lift Station Replacement Project to NewNech Companies, Inc. for 34 $189,700.00 to cover the costs of replacing the lift station and 35 providing a new vault for the MWCC meter, contingent upon receipt of 36 the MPCA permit to do the project. 37 Motion carried unanimously. 38 PUBLIC HEARINGS 39 At 8:00 P.M. the Mayor opened the public hearing to consider a 40 resolution of intent to organize the collection of solid waste within • 5 1 the City by reading aloud the Notice of Hearing which had been published 2 in the September 7th Bulletin. • 3 The hearing had been scheduled during the August 23rd Council meeting 4 where July 18th Recycling Task Force Meeting Notes recommending Waste 5 Management Inc. collect recyclable materials along with regular garbage 6 collections in St. Anthony were reported by Council liaison person, 7 Councilmember Enrooth, Task Force Chair Lauren McClanahan, and Task 8 Force Member, Keith Pearson. Testimony in favor of the Task Force 9 recommendation was taken from these three as well as from Task Force 10 Member Elaine Olson and Public Works Director Larry Hamer. Bob Christen 11 and Jim Gencauski of Waste Management Inc. were also present to answer 12 questions. 13 Councilmember Enrooth reported the Task Force had held five meetings of 14 considerable length on the issue during which they considered proposals 15 from the Knutson, Super Cycle, and 'Reuters companies as well as the 16 company they had finally determined would do the best job for St. 17 Anthony, Waste Management Inc. The Councilmember reiterated that five 18 of the Task Force members had toured the Reuters plant as an 19 alternative to the incineration mandated by Hennepin County, perceiving 20 this system might provide an alternative to solid waste consideration 21 in the future. 22 Mr. McClanahan indicated the Task Force had taken into consideration all 23 segments of the St. Anthony population which would be .affected as well 24 as the system which would be the most workable for all of them. • 25 Mr. Pearson indicated he had enjoyed his service on the Task Force. He 26 said he considered recycling as very important for St. Anthony and 27 "wholeheartedly" concurred with the Task Force recommendations. 28 Mrs. Olson told the Councilmembers she had learned a lot about recycling 29 and the programs which are already in place in other metropolitan, 30 state, and national communities which she and the other Task. Force 31 members were now out trying to convey to the public. She agreed that 32 all the proposals they considered had been very good but concurred with 33 the final Task Force recommendation of Waste Management, Inc. 34 Mr. Hamer, who Councilmember Enrooth indicated had been coordinating 35 information on recycling for the last 15 years and whose input had 36 formed the basis for the Task Force research, said he thought all the 37 people who served on that Commission had been "great to work with and 38 very productive in their research. " 39 Council Comments 40 Mayor Sundland indicated he didn't perceive communities today had many 41 options left open to them when it came to solid waste disposal, 42 particularly recycling, which is almost mandated. He recalled that 43 over the years the City officials had been considering recycling in 44 different forms and said during that time had heard from many residents 6 • 1 who espoused recycling and the ways they thought waste disposal should be handled. 3 When the Mayor asked for input from any residents present that evening, 4 and none was forthcoming, Councilmember Makowske read aloud the seven 5 statements which the Task Force had addressed in reaching their 6 recommendation that the Council consider Waste Management, Inc. as the 7 solid waste and recycling hauler for St. Anthony. 8 1 ) Since the City is mandated to recycle, one hauler should be considered 9 for both solid waste disposal and recycling. 10 2) If city-wide recycling is used, it should be curbside once a week. 11 3 ) The billing should be done by the City for control and 12 standardization. 13 4) The drop off recycling center at 3810 Chandler Drive should remain in 14 operation as long as it is used. 15 5) Penalties should be imposed for not recycling, by instituting a higher 16 disposal charge. 17 6) The City should get involved with educational programs as much as 18 possible, i .e. , newspaper articles, school involvement, and speaking to 19 civic organizations. 7 ) Revenues collected from recycling and grant monies should be used for City beautification (as is now being done) , educational purposes, and 22 possibly for incentive purposes to get the program started. 23 The Councilmember also read the reasons the Task Force had given for 24 recommending Waste Management, Inc. , including the fact that the firm 25 was: 26 A) Presently operating in most of the City and had provided very good 27 service. 28 B) Their proposal was most advantageous for the City because: 29 1. all recycling monies would be returned to the City; 30 2 . Waste Management, Inc. will provide the containers for 31 solid waste and recycling pick up; 32 3 . Waste Management Inc. 's new recycling depot will allow weighing 33 and separation of all materials to assist the City. in meeting 34 the Metropolitan Council and County mandates. 35 Procedures Enumerated by Staff 36 Mr. Childs read aloud the State Waste Management Act of 1980 which 37 provided that if cities are considering organized collection, they must 38 first hold a public hearing; established a 90 day waiting period after • 7 1 the Council had adopted the resolution of intent to organize collection 2 before the City could enter into a contract or pass an ordinance • 3 concerning organized collection. The Manager explained that the Task 4 Force had not been given the task of organizing collection but rather 5 had been requested to study what would be the best method of recycling 6 for St. Anthony. He said the purpose of the hearing that night was to 7 take testimony on that concept and to pass the required resolution of 8 intent to organize solid waste collection but not to sign a contract 9 until further input from the public and other garbage haulers is sought 10 within that 90 day period. 11 The Manager told Councilmember Ranallo that not only had the Notice of 12 Hearing been published in the City's official paper but notices had 13 also been sent to all garbage haulers who are licensed in St. Anthony 14 now. Articles on the issue had been carried prior to the hearing in 15 both the City's Newsletter and the Bulletin. 16 Mayor Sundland reported hearing from some senior residents who were 17 among the 20% who used different haulers than Waste Management because 18 that company made them haul their refuse down to the curb which was a 19 problem for them because of their age. The Mayor said he had told 20 those callers he was certain their haulers would probably be following 21 Waste Management Inc. 's practice soon in the face of the types of 22 "tipping" fees they would be forced to pay to unload at the County's new 23 incinerator plant. 24 Councilmember Enrooth indicated he perceived all residents should be • 25 made aware that those tipping fees would soon be triple the amount the 26 garbage haulers are now paying at landfills. He said it would cost 27 the haulers at least $75.00 to begin with to dump their loads for 28 incineration at the County's plant. There would be nothing the City 29 could do if those charges are raised because those decisions are now in 30 the hands of the County, State, and Metropolitan Council. Mr. Hamer 31 said that's why it's so important for the City to recycle all the 32 materials it possibly can. 33 Mayor Sundland added that was why he perceived it was so important to 34 have a hauler like Waste Management, Inc. who would separate the 35 residents' cans, bottles, and paper rather than leave separation up to 36 the residents. 37 Mr. Gencauski reported his haulers had pulled out 95 tons of recyclables 38 from about 4 ,800 homes since his firm had started a recycling program 39 in Robbinsdale, June 27th. He said he perceived the key elements to the 40 success in that city had been the provision of one bin for recyclables 41 which is picked up along with the regular garbage once a week as well 42 as the convenience that provided for the residents. The Waste 43 Management official reported; all separation would be done at their 44 Blaine station after which the materials would be taken for sale in the 45 local markets, and revenues from those sales returned to St. Anthony 46 for the benefit of the City's Beautification Program. In reference to 47 plastics which cannot be recycled at this time, Mr. Gencauski told the 8 • 1. Council space had already been provided in the Blaine station to recycle 41 those materials as soon as a system for compacting the materials is found which would make transportation economically feasible. 4 Mr. Gencauski mentioned that the National Recycling Conference will be 5 held that week in the St. Paul Radisson where approximately 2 ,000 people 6 from across the country were studying recycling. 7 Councilmember Marks reported that a resident who was not a Waste 8 _ Management, Inc. customer had complained to him about having to pay by 9 quarters for service which would not be provided for three months after 10 payment. He indicated he had* pointed out to the complainant that 11 other services like newspapers also billed in advance of the product 12 they delivered. 13 Residents' Absence Bothers Councilmembers 14 Councilmember Ranallo commented that he was quite surprised that, 15 considering all the conversation which the recycling proposal had 16 generated throughout the community, none of those persons had bothered 17 to attend the hearing to express either their concerns about or 18 approval of the proposal . He said in view of all the publicity the 19 hearing had gotten and the notices which other garbage haulers had been 20 sent, he thought it was "quite lackadaisical" on the part of both 21 residents and haulers not to come to the hearing. Mayor Sundland 22 agreed with him that 1190 days from tonight, when the Council would be 0 5 3 awarding the contract for the recycling service would not be the time when public input would be invited" . Councilmember Enrooth said he perceived there was little else the City could have done to let the 26 residents know what their part was going to be in the recycling program 27 which they must have realized was inevitable from all the media 28 interest in the issue which had been demonstrated the last year or so. 29 When there was no response to the invitation to persons in attendance 30 "not to be shy about expressing their opinions" , the hearing was closed 31 at 8: 22 P.M. at which time . the City Manager read aloud the resolution 32 staff was proposing, the wording of which he indicated had been taken 33 right from the law concerning organized collection. 34 Council Action 35 Motion by Marks, seconded by Enrooth to adopt Resolution 88-040 by which 36 the City of St. Anthony announces its intent to organize the collection 37 of solid waste in the City and invites the participation of interested 38 persons in planning and establishing the organized garbage collection. 39 RESOLUTION 88-040 40 A RESOLUTION OF INTENT REGARDING ORGANIZED SOLID 41 WASTE COLLECTION 42 Motion carried unanimously. • 9 1 City to Levy $4,770 Less in Taxes in 1989 Than in 19886 • 2 The meeting had been recessed at 8: 23 P.M. and resumed at 8: 31 P.M. when 3 the public hearing to consider the proposed 1989 City budget was opened. 4 Notice of the hearing had been published in the September 14th Bulletin. 5 Mr. Childs reported the above decrease in the amount to be levied had 6 been based on the new Tax Capacity Rate formula established by the 7 State Legislature during their last session. Because the 1988 levy had 8 been based on mill rates, the City Manager indicated he had been unable 9 to estimate what the average St: Anthony taxpayer would have to pay in 10 actual taxes which would depend on the amounts the other governmental it bodies like the counties, school district and taxing agencies levy. Mr. 12 Childs said further: 13 *one of the key reasons for the decrease had been the increase in 14 state aids to local government which, barring state revenue shortfalls 15 such as occurred in 1981-82 and 1983, should cover some of the cost 16 increases the City experienced in 1988; 17 *most cities consider the year 1990 to be an unknown because that's 18 the year the legislature would be taking away the Homestead Credit; 19 *some municipal officials he's talked to - expect that not to be a 20 problem but he personally has some concerns which won't be erased until 21 he's seen the actual numbers for state aids and levying limits for 1990; 22 *the 1989 budget shows the Water and Sewer Funds as at least breaking 23 even or perhaps even with some minor profits, which would reverse a 24 multi-year trend of running deficits in those funds in the past. 25 The City Manager advised the Council that they had until October 20th 26 to adopt the budget but since no major changes are expected before that 27 time, there would probably 'be no reason for putting off that decision. 28 He added that the Council would be able to make modifications to the 29 budget in the future but the amount of taxes levied cannot be changed 30 after October 20th. 31 Possibility of State Aids Again Being Reduced by Legislature Haunts 32 Council 33 Mayor Sundland indicated he perceived a possibility that the Homestead 34 Credit removal might be reversed during the next session, noting that 35 most of the candidates running for the legislature had reopened the 36 issue during their campaigns. Councilmember Ranallo reported the issue 37 of State Aid to Local Governments and the substitution of Transition Aid 38 for Homestead Credit for one year had been generating a lot of 39 conversation during the regional meetings of the League of Minnesota 40 Cities he had been attending throughout the state. The Councilmember 41 said he had gotten the same impression as the- Mayor had, that 42 modification of that legislation was quite possible during the next 10 • 1 session. He said he wasn't certain what effect that might have on the $394 , 000 in state aids the City had been told to plug into its budget for 1989 but cautioned against "spending that money before we actually 4 get it. " Councilmember Makowske said she perceived the Council had no 5 other option when it came to including the figure the state had notified 6 the City it had coming into the figure on which the levy had to be 7 approved before October 20th. Councilmember Ranallo reminded her that 8 the City had been forced to reshuffle its budget in prior years in 9 response to legislative changes after the budget had been established. 10 Councilmember Marks agreed, saying ,what really bothered him was that 11 the legislature which had passed the Open Meeting Law to apply to all 12 other governmental agencies had left itself out of those regulations and 13 was therefore able to negotiate those types of changes behind closed 14 doors away from public input and media coverage of the deals which were 15 made. 16 No one present offered further input 'to the discussions and the hearing 17 was closed at 8:40 P.M. 18 Council Action 19 Motion by Ranallo, seconded by Marks to adopt the revised draft of the 20 1989 City budget dated September 23 , 1988. 21 Total City Levy of $1.258.380 Adopted by Resolution 22 Mr. Childs indicated the above amount was the figure which would be 40stated in Resolution 88-038 which staff was in the process of writing. 4 He said the resolution would break that figure down into $1,191,630 25 for the General Levy; a levy of $20,000 for the Housing and 26 Redevelopment Authority; and $46,750 would be levied for Capital 27 Equipment Certificate of Indebtedness to cover the third payment on a 28 three year certificate to pay for the motor grader the City bought two 29 years ago. The Manager reiterated that the total levy was $4 ,770 less 30 than the City levied in 1988. 31 Council Action 32 Motion by Marks, seconded by Enrooth to adopt Resolution 88-038. 33 RESOLUTION 88-038 34 A RESOLUTION APPROVING THE 1988 TAX LEVY, COLLECTIBLE IN 1989 35 Motion carried unanimously. 36 REPORTS 37 COUNCIL REPORTS 38 Mayor Gets Weekend Bus Service Restored Between Northtown and Apache 11 1 The Mayor indicated he had not realized the weekend bus service between 2 Apache and Northtown had been discontinued until the President of the • 3 Apache Merchants Association approached him about getting that service 4 restored. He said he first called the MTC and found out they had 5 dropped that service way back in 1987. At their suggestion he had then 6 called the Regional Transit Board where Cindy Fish told him that, 7 although the agency was subsidizing some north suburban bus lines, the 8 Medicine Lake Bus only provided weekend service between Brighton 9 Village and Northtown. Mayor Sundland said he had convinced Ms. Fish 10 to reconsider including bus service to Apache at least during the heavy 11 shopping seasons and had arranged for her to work out the details with 12 Greg Perke, Manager of the Herberger's store. 13 Policeman's Comments to Vandalism Victim Reported to Chief Hickerson 14 The Police Chief had been present for a good deal of the meeting and 15 Mayor Sundland indicated he thought "the Chief should be made aware of 16 the complaint against one of his men which the Mayor had received from 17 a resident who had called him that evening. The resident had indicated 18 he had called the police one morning the previous week to report a 19 vandalized vehicle and been told by the officer who responded that 20 "with the shortage of manpower on the force, you're lucky we got here 21 as fast as we did but we probably won't be able to investigate this 22 -anyway. " The Mayor said it troubled . him that concerns about the 23 adequacy of the City's police force had been raised with this resident 24 and promised to furnish Chief Hickerson with specific details of the 25 incident so he could investigate the matter further with the officer in • 26 question. 27 Further Information on the September 21st Meetings of the Ramsey County 28 League of Local Governments and Its Legislative Committee to be Provided 29 Later by Councilmember Makowske 30 The Councilmember indicated she would be distributing the pertinent 31 information she had received during the RCLLG meeting and the 32 legislative committee meeting which preceded it to the other 33 Councilmembers after the meeting. 34 Enrooth Reports Successful Fishing Trip to Lake in Ontario 35 The Councilmember had expected to be gone for the meeting that evening 36 but he said rain had forced an early return from his vacation. He told 37 the Councilmembers that he perceived 'that a lot of the rainfall the 38 metropolitan area hadn't gotten had fallen instead up further north 39 because the lake he was on had risen four feet since the middle of 40 June. It was hard for him to visualize just what four feet of water 41 on 1 ,500 square miles of lake meant in terms of amount of water, the 42 Councilmember said. 43 President Reagan Invited to Grand Opening of Gopher One Call October 44 10th 12 1 Councilmember Ranallo indicated he and all the other members of the Board of Directors of the above organization had to undergo a security check in anticipation that might happen. He said the non-profit 4 organization which was established in Minnesota under the Pipeline 5 Safety Law after the pipeline explosion in Moundsview had been adopted 6 as a model for federal legislation by Senator David Durenberger and 7 Congressman Bruce Vento as a bi-partisan program- which would be 8 demonstrated for some federal official , hopefully the President, by 9 Congressmen Oberstar up north and Penny in the southern part of the 10 state. 11 The rules and regulations which .govern utility digging anywhere in the 12 state had been written after many, many meetings of the Board and would 13 be put into force October 3rd, the Councilmember indicated. Under 14 those regulations any city or company who wants to dig a utility line 15 would first have to call the Gopher One phone number to ascertain what 16 might already_ be underground in the location they wanted to dig. The 17 program was not without problems, he added, since some smaller 18 communities with only water lines underground, have indicated an 19 unwillingness to join and the Department of Transportation has up to 20 this date refused to comply. 21 These meetings, many of which were day long and held every other week, 22 as well as the meetings he was attending for the League, had kept him 23 pretty busy, Councilmember Ranallo said. 24 Marks Finds First Rail Transit Meeting Very Interesting 0 The Councilmember reported that in spite of his own heavy schedule, he 26 had been able to attend the September 14th meeting of the 27 Anoka/Hennepin Light Rail Transit Intergovernmental Advisory Committee. 28 He said one of the alternative routes being considered would utilize 29 Highway 88 and existing rail tracks like those east of the highway which 30 had been used as a rail transfer line. 31 Councilmember Marks said he had sat next to Anoka County Commissioner 32 Paul McCarron during the BRW presentation and the official's insistence 33 that Anoka would be the first county to have a rapid transit system had 34 convinced him that was quite possible. The efforts of all the light 35 rail study committees have to be completed within the first months of 36 1989, which Councilmember Marks indicated he perceived would add to his 37 already crowded teaching and meeting schedule. 38 Councilmember's New Driveway Noted 39 Councilmember Marks accepted the Mayor's congratulations on his new 40 cement driveway before reporting on his attendance the previous week of 41 another planning meeting of the Government Training Institute whose 42 training sessions will begin in November. 43 °Thoroughly Enjoyable^ Chamber of . Commerce Tour of City Prompts 44 Suggestion That Similar Tours Be Given to Prospective Residents • 13 1 The Mayor, as well as Councilmembers Makowske, Ranallo, and Marks, • 2 reported the above impression of the September 20th tour sponsored and 3 paid for by the St. Anthony Chamber of Commerce and conducted by 4 Margo Ashmore, co-editor of the Northeaster. The tour also prompted 5 the following suggestions to: 6 *have similar tours for prospective residents during which booklets 7 containing the historical comments made by Mrs. Ashmore during the 8 Chamber tour and which she is publishing in weekly articles in the 9 Northeaster, could be given to the tour participants to show them the 10 quality of the community they're thinking of moving into; 11 *give the booklet to the City's Historical Committee to supplement 12 the research they are development; 13 *contact City businesses for contributions to fund the costs of 14 printing the booklets and other committee expenses. 15 Councilmember Ranallo said he had been quite surprised to learn that . 16 during the period when St. Anthony had been a part of the Northwest 17 Territory, the City's boundaries had extended all the way up to 18 Wisconsin. Councilmember Marks indicated that when his wife, Florence, 19 had heard that part of Mrs. Ashmore's tour comments, she had facetiously. 20 suggested the City might have enough flags in its historical background 21 for its own "Seven Flags Over St. Anthony. " The Council consensus was 22 that the Chamber should be commended for paying for an excellent tour 23 and the wonderful dinner which followed at Mannings in the Stonehouse. • 24 DEPARTMENT AND COMMITTEE REPORTS 25 The following were ordered filed after brief discussions of each: 26 *Hance & LeVahn report of cases they had prosecuted for the City in 27 Hennepin County District Court up to September 7, 1988; 28 *August 16, 1988 Chemical Council Meeting Minutes; 29 *Budget Report for Fiscal Year 1988 dated July 31, 1988. 30 Chief Hickerson was asked to clarify the reference in the Chem Council 31 minutes to his meeting with Chem Council members regarding the 32 establishment of a D.A.R.E. program in the St. Anthony schools. He said 33 he had told them he perceived such a program would require more 34 commitment in both money and manpower than any small community could 35 ever give. The Chief said he had suggested the program might be 36 modified to supplement the program his department already has in place 37 for visiting St. Anthony schools and discussing drugs along with various 38 other issues with the students. 39 Councilmember Marks told Councilmember Makowske he had been present for 40 the same report on the D.A.R.A. program on which Chief Hickerson had 14 • 1 based his assumptions and concurred that the national program would probably demand more commitment than the Police Department budget would allow. 4 CITY MANAGER REPORTS 5 September 20, 1988 Staff Meeting Notes 6 Mr. Childs' comments on matters reported in the above included a report 7 that the Public Works Department had already planted some of the shrubs 8 in the medians which he perceived was a big improvement over their 9 appearance when they contained only rock. He commended Mr. Hamer for 10 the excellent work his department was doing to dress up that area of 11 the City which should dispel even the doubts of the lady who calls 12 Councilmember Ranallo about six times a year to complain about weeds 13 growing in the medians, etc. 14 Councilmember Marks suggested Mr. Hamer might want to look at a 15 potential sidewalk safety problem with the steps in Central Park which 16 go down from the parking lot to the playground area where one of the 17 steps is sticking up to the point where someone might trip and hurt 18 themselves. 19 Staff to Contact Apache About Young People Who. Hang Around Outside the 20 Mall 21 Chief Hickerson was asked what the Police Department could do 'about the, 41 young people who hang around the east side of Apache Mall and are smoking under the railroad bridge. He told Councilmember Enrooth he was 24 convinced the malt shop attracted a good number of those youths even 25 though the manager has done everything he can to discourage their 26 presence in that area, as reported in the Commission minutes. 27 Mr. Childs said staff would be contacting the Apache Management about 28 providing better security for that area, where there had been problems 29 a long time before the Bono Malt Shop opened. 30 Hamer Anticipates No Further Problems with New Voting Machines 31 The Public Works Director explained that the problem with a mis-sized 32 ballot experienced during the Primary Elections had been corrected and 33 he was certain the machines would perform very well for the General 34 Elections. A number of training sessions offered by the staff to the 35 public in advance of the elections, especially the senior citizens, 36 should be of great help. 37 Comparable Worth Plan for City 'Personnel Explained 38 In her September 23rd memorandum, Sue VanderHeyden had summarized the 39 documentation attached to her memo and reported staff's recommendation 40 for the Plan's implementation. Mr. Childs discussed several portions 41 of the Assistant Manager's report and reiterated that the Plan itself • 15 1 had to be submitted by October 1st and implemented by 1991 . He also 2 reminded Councilmember Ranallo that the $5,000 St. Anthony had 3 previously paid Control Data had only covered the costs of establishing • 4 bench marks on which the final plan had been developed. 5 Mayor Sundland expressed his skepticism that "the Plan would satisfy any 6 one" except the requirement from the state that it be completed before 7 the motion to adopt was offered with the perception that no matter how 8 long the Council studied the issue, there could never be complete 9 understanding of its intricacies. 10 Council Action it Motion by Ranallo, seconded by Enrooth to adopt the Comparable Worth 12 Plan as presented by staff and to initiate a 50% level of implementation 13 immediately, with the remaining adjustments being made in six months. 14 Motion carried unanimously. 15 UNFINISHED BUSINESS 16 Sewer Rate Increase Goes Into Effect, October 1st 17 Motion by Marks., seconded by Makowske to adopt Ordinance 1988.-004 which 18 raises sewer rates to $1 . 20 per hundred cubic feet of water used plus 19 a Metro Waste rate surcharge as determined by the proposed surcharge 20 formula. 21 ORDINANCE 1988-004 22 AN ORDINANCE RELATING TO SEWER RATES AND 23 CHARGES, AMENDING SECTION 540 OF THE 24 1973 CODE OF ORDINANCES 25 Motion carried unanimously. 26 Personnel Ordinance Given Second Reading 27 Motion by Enrooth, seconded by Marks to approve the second reading of 28 Ordinance 1988-009. 29 ORDINANCE 1988-009 30 AN ORDINANCE AMENDING SECTION 135 - PERSONNEL 31 POLICE OF THE 1973 CODE OF ORDINANCES 32 Motion carried unanimously. 33 ADJOURNMENT 16 • 1 Motion by Ranallo, seconded by Makowske to adjourn the City Council 40 meeting at 9:35 P.M. for the St. Anthony Housing and Redevelopment Authority meeting which followed immediately.. 4 Motion carried unanimously. 5 Respectfully submitted, 6 Helen Crowe, Secretary 7 8 Mayor 9 ATTEST: 10 City Clerk :cjk 12 • 17 C 2 TY O F S T . ANTHONY • HOUSING AND REI)EVE LOPMENT AUTHOR 2 TY M=NUTE S SEPTEMBER 3- 3 , 1 9 8 8 1 The meeting was called to order at 10: 20 P.M. by Chair Sundland. 2 ROLL CALL 3 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/ 4 Treasurer Marks, and Commissioners Ranallo 5 and Makowske. 6 Also present: David Childs, Executive Director 7 Sue VanderHeyden, Assistant to the City Manager 8 AUGUST 23 , 1988 H.R.A. MINUTES APPROVED 9 Motion by Ranallo, seconded by Marks to accept the above as presented. 10 Motion carried unanimously. 11 CLAIMS 12 Motion by Marks, seconded by Enrooth to approve payment of $2,500.00 to 3 Dahlen & Dwyer, Inc. for an appraisal of the property in the Kenzie 4 Terrace redevelopment property area which is proposed to be acquired for 15 the St. Anthony/LaNel Project. 16 Motion carried unanimously. 17 Motion by Ranallo, seconded by Makowske to approve payment of 18 $2,043 . 02 to the Dorsey & Whitney law firm for legal services rendered 19 during July, 1988 , related to a new developer for Kenzie Terrace 20 Multifamily Housing project. 21 Motion carried unanimously. 22 PUBLIC HEARING 23 Acquisition and Sale of Property to Developer Authorized by H.R.A. 24 At 10: 22 P.M. the Chair opened the public hearing to take testimony on 25 the above as reported in the Notice of Hearing published in the August 26 24th Bulletin. 27 The Executive Director reported no response from the public to the 28 notice and, in the absence of persons to testify either for or against 29 the proposal, the hearing was closed at 10:23 P.M. for the following: • 1 1 H.R.A. Action 2 Motion by Marks, seconded by Makowske to authorize the acquisition of • 3 the property described in the August 24th Bulletin Notice of Hearing 4 for sale to the St. Anthony LaNel Partnership for an amount less than 5 paid by the H.R.A. for the land for the purpose of the partnership 6 constructing a multifamily rental housing development containing 7 approximately 201 housing units and related facilities. 8 1 Motion carried unanimously. 9 NEW BUSINESS 10 Staff Reports Successful Negotiations with Arkell and Tushie 11 Mr. Childs summarized the information regarding the settlement agreement 12 negotiated between Arkell , Tushie and the H.R.A. which had been reported 13 in the letter which H.R.A. members had been provided prior to the 14 meeting. The amounts Messrs. Arkell and Tushie had agreed to accept 15 from the refund of a portion of the forfeited Letter of Credit and 16 arbitrage proceeds from the Housing and Revenue Bonds issued to finance 17 Phase III of the Kenzie Terrace Redevelopment Project were reiterated 18 by the Executive Director. There was general H.R.A. agreement that 19 staff had negotiated a reasonable agreement with the former project 20 developers which had avoided a law suit. 21 Mr. Childs indicated he was hopeful that the acquisition of property 22 from Mr. Saliterman would be accomplished by next week after which the • 23 land would be sold to LaNel who have indicated they would start 24 construction as soon as the current tenants are relocated. 25 H.R.A. Action 26 Motion by Enrooth, seconded by Marks to approve the settlement agreement 27 staff has negotiated with Messrs. Arkell and Tushie. 28 Motion carried unanimously. 29 Enrooth Won't Be Present for the September 27th Meetings 30 The vice Chair indicated the above during a brief discussion of meetings 31 which are scheduled for the remainder of the month. 32 ADJOURNMENT 33 Motion by Marks, seconded by Enrooth to adjourn the H.R.A. meeting at 34 10: 30 P.M. 35 Motion carried unanimously. 36 Respectfully submitted,- 37 Helen Crowe, Secretary . 2 • C 2 TY O F S T . ANTHONY • C=TY C OUN C 2 L M=NUT E S SEPTEMBER 1 3 , 1 9 8 8 1 The meeting was called to order at 8:00 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. Starting time had been delayed one 3 half hour until the Primary Election polls had closed. 4 ROLL CALL 5 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 6 Also present: David Childs, City Manager 7 Sue VanderHeyden, Assistant to the City Manager.- 8 AUGUST 23RD COUNCIL MEETING MINUTES APPROVED WITH CHANGES 9 Motion by Marks, seconded by Makowske to approve the above with the 10 following changes: 11 Page 8, line 41 : Substitute "Councilmember" for "Commis- 12 sioner" . 13 Page 15, line 6: Move "by Miller Schroeder" in line, 7 between 14 "bonds" and "to pay" on line 6. 5 Page 16 , line 8: Close sentence after "City offices" and sub- 6 stitute "The agenda packet also contained a 17 memorandum from Mr. Buendorf regarding the 18 City entrance sign to be erected in Trillium 19 Park" for the rest of the wording in that 20 paragraph. 21 Page 16, line 13 : Substitute "left his internship position" for 22 "left City service" . 23 Page 16, line 17: Insert "that" between "recommendation" and 24 "the" . 25 Motion carried unanimously. 26 LICENSESIPERMITSfPETITIONS 27 Motion by Enrooth, seconded by Marks to grant the following licenses as 28 listed in the September 13th Council agenda packet: 29 Contractors 30 Rein Builders, Inc. , St. Paul 31 Pacific Pools, Oakdale 32 John Anderson, Minneapolis. 33 The Pacesetter Corp. , New Brighton 34 JVK Quality Homes, Inc. , Coon Rapids • 1 1 Lloyd's Home Improvement, Columbia Heights 2 Sign Service, Inc. , Minneapolis • 3 Heating 4 Bowler Co. , Inc. , Minneapolis 5 Churchills Home Heating/Cooling, Inc. , St.. Paul 6 Domestic Mechanical/Heating Co. , Bloomington 7 Swenson Heating and Air Conditioning, Brooklyn Park 8 Motion carried unanimously. 9 Motion by Ranallo, seconded by Enrooth to grant a temporary 3 . 2 beer 10 permit for the St. Charles Mardi Gras to be held in the St. Charles 11 Borromeo School building, 2727 Stinson Boulevard, February 5, 1989. 12 Voting on the motion: 13 Aye: Ranallo, Enrooth, Sundland, Makowske. 14 Abstention: Marks. 15 Motion carried. 16 Council Votes 4 to l to Allow 3 Way Stop at Coolidge Street/34th Avenue 17 N.E. 18 The agenda -packet contained the following documentation related to the 19 petition for the above sign: 20 *copies of the 48 hour traffic count report from the City Police • 21 Department indicating 60 vehicles had crossed that intersection from 22 three directions between 7:45 A.M. , August 16th and the same time August 23 18th; 24 *radar counts on 34th Avenue N.E. from Silver Lake Road to Edward 25 Street N.E. which were taken on August 16th; . 26 *petition requesting signs signed by 22 residents on Coolidge and 27 34th; 28 *Larry Hamer's September 1st memorandum summarizing the pros and cons 29 of the issues involved. 30 Councilmember Enrooth reported he had been getting calls ever since the 31 stop signs went up at the corner of Coolidge Street and Murray Avenue 32 N:E. which questioned whether it was the City's intent to "put stop 33 signs on every street." He asked what had precipitated the latest 34 report. 35 Councilmember Ranallo, who lives on 34th Avenue N.E. , reported several 36 of his neighbors had called him to request the stop signs. He said he 37 thought those who lived nearest to the intersection might have a more 2 • 1 realistic view of the speeds than might be shown with a one day radar •2 count. 3 Robert A. Stenberg, 3411 Coolidge Street N.E. , told the Councilmembers 4 that he had been a resident of that area for 31 years and had perceived 5 the traffic patterns in his neighborhood had changed as the traffic on 6 37th Avenue N.E. increased after County Road D was reconstructed. He 7 said many more drivers were now using 34th Avenue as a means of avoiding 8 the 37th and Stinson stop sign during the periods of heavy traffic both 9 mornings and evenings. He and his neighbors were convinced, Mr. 10 Stenberg said, that a three way stop at their corner might discourage 11 the by-pass and provide greater. safety for children in the four young 12 families which have recently moved into that neighborhood. The 13 petitioner said he was fairly certain most of the traffic wasn't 14 locally generated but was rather young people from other areas going 15 back and forth from school , many of them using "a heavy foot" while 16 driving. 17 Mr. Stenberg indicated there had only been four dissenters out of all 18 the residents who live within a block of the 34th and Coolidge 19 intersection who had been approached to sign the petition. 20 Councilmember Makowske noted that the traffic counts had been taken 21 Tuesday through Thursday and asked Mr. Stenberg if he thought the 22 study might have been made on days when the traffic was lightest. He 23 told her the traffic was generally the same throughout the workday week 24 and much lighter on weekends when there is no work or school . Mr. 5 Stenberg's comments that "putting a stop sign every two blocks before 6 the main artery, 37th Avenue, should affect no one but. the people who 27 live in that area" resulted in Councilmember Makowske stating that she 28 had changed her mind about the issue and would now be voting for the 29 requested sign. She said Mr. Stenberg's comments about the stop signs 30 having received almost unanimous approval from the persons who would be 31 the only ones affected by their erection had convinced her that the 32 signs should be allowed. 33 Councilmember Enrooth told Mr. Stenberg his comments about traffic 34 increasing since County Road D had been reconstructed had just 35 reinforced the impression. he had that similar traffic increases were 36 being experienced in many locations ever since the St. Anthony 37 Boulevard reconstruction and that reconstruction projects had been 38 completed. He said, hopefully, there would be no further major street 39 reconstructions for a while, and it might be more beneficial to have a 40 study of traffic patterns done so a comprehensive traffic sign plan can 41 be developed now rather than to continue to put up signs "willy-nilly" 42 wherever they're requested. 43 Mr. Childs indicated there had been a federally funded traffic study 44 done in St. Anthony before he came and although he didn't know' how much 45 that had cost, he knew the same study done in Blue Earth had cost about 46 $5,000.00. He added that the City had also received a federal grant 47 after the study to replace worn out stop signs and there are a good many • 3 1 which again need replacement right now. The City Manager told 2 Councilmember Marks the Police Department's count had included 60 3 vehicles and the Police Chief had opposed both this sign and the one put 4 up further down Coolidge, basing his opposition. on the perception that 5 too many signs diminished the effectiveness of all signs. 6 Councilmember Enrooth told Mr. Stenberg he was certainly not 7 questioning the appropriateness of his neighbors' request, but he was 8 concerned about a proliferation of signs resulting from increased 9 traffic on the two major streets which have just reopened. 10 Mayor Sundland suggested that since the Councilmembers were meeting on 11 a somewhat regular basis with Hennepin County Commission Sivanich, that 12 official might be able to verify without a study Councilmember Enrooth's 13 perception that traffic patterns through St. Anthony were changing 14 because of the reconstruction of St. Anthony Boulevard and County Road 15 D (37th Avenue N.E. ) . 16 Council Action 17 Motion by Ranallo, seconded by Makowske to authorize the erection of a 18 3 way stop at the intersection of Coolidge Street and 34th Avenue N.E. 19 as requested by 22 of the closest residents to that intersection on 20 those two streets. 21 Voting on the motion: 22 Aye: Ranallo, Makowske, Sundland, Marks. 23 Nay: Enrooth. 24 Notion carried 25 CLAIMS 26 Motion by Makowske, seconded by Marks to approve payment of $976.25 to 27 Bruce A. Liesch Associates, Inc. for consulting services related to the 28 City's water contamination litigation from July 11 to August 16, 1988.. 29 Motion carried unanimously. 30 Motion by Marks, seconded by Sundland to approve payment of $11 ,533 .50 31 to the Briggs and Morgan law firm for legal services during July, 1988 32 in conjunction with the above litigation against the U.S. Army et al. 33 Motion carried unanimously. 34 Motion by Enrooth, seconded by Sundland to approve payment of $686.68 35 to Rieke, Carroll, Muller Associates, Inc. for professional services 36 through August 27, 1988 in conjunction with the City's temporary water 37 treatment facility. 38 Motion carried unanimously. 4 • 1 Mr. Childs confirmed that as stated by Councilmember Marks, the Council •2 had already authorized the payment of all costs for the pole building 3 which housed the above facility. However, staff had traditionally 4 brought any expenditures for street projects, and other large project 5 items back for final review by the Council before paying those bills. 6 Motion by Makowske, seconded by Marks to approve payment of $11 ,825. 00 7 to Ashbach Construction as final payment less the retainage fee for 8 reconstructing Section A, St. Anthony Boulevard Project and Section B, 9 Kenzie Terrace project. 10 Motion carried unanimously. 11 Motion by Ranallo, seconded by Makowske to approve payment of $711 . 25 12 to Braun Engineering for engineering services on the above improvement 13 projects. 14 Motion carried unanimously. 15 Motion by Marks, seconded by Makowske to approve payment of $2 ,400.00 16 to the Hance and LeVahn law firm for legal services rendered for the 17 month of September, 1988 relative to St. Anthony prosecutions. 18 Motion carried unanimously. 19 Motion by Enrooth, seconded by Marks to approve payment of $541.10 to *0 the Dorsey & Whitney law firm for legal services during July, 1988. 21 Motion carried unanimously. 22 Motion by Makowske, seconded by Marks to approve payment of $305.60 to 23 Short-Elliott-Hendrickson, Inc. for administration of St. Anthony's 24 1988 MSA account for the period from May 20 through. July 23 , 1988. 25 Motion carried unanimously. 26 Motion by Marks, seconded by Enrooth to approve payment of $11,400.00 27 to the Milton L. Johnson Co. for reroofing the City fire station 28 building. 29 Motion carried unanimously. 30 Motion by Enrooth, seconded by Marks to approve payment of $26,082.04 31 to the Metropolitan Waste Control Commission for September sewer 32 services. 33 Motion carried unanimously. 34 Motion by Marks, seconded by Ranallo to approve payment of $1 , 306.42 to 35 Short-Elliott-Hendrickson, Inc. for engineering services through July 36 23 , 1988 on the replacement of the Foss Road Pumping Station. • 5 1 Notion carried unanimously. • 2 Motion by Enrooth, seconded by Marks to pay all the City account 3 payables contained in the September 13th listing which had been 4 distributed prior to the meeting of the same date. 5 Motion carried unanimously. 6 PUBLIC APPEARANCES 7 Kiwanis Peanut Day Approved for Friday, September 23rd 8 Julie Bjorklund, Co-Chair of the St. Anthony Kiwanis project and a 9 member of the District #282 School Board, presented the Kiwanis 10 request to conduct their fund raiser in St. Anthony on the above date 11 and collected advance contributions from the Council and staff members 12 which were photographed by Larry Jones of the Bulletin. 13 Council Action 14 Motion by Marks, seconded by Enrooth to authorize the St. Anthony 15 Kiwanis Club to conduct their annual Peanut Day solicitation on City 16 streets, September 23rd. 17 Notion carried unanimously. 18 Bowlin Reports Services Provided by Hennepin County Community Health • 19 Department 20 George Bowlin of the above gave a slide presentation on the services and 21 programs the Health Department provides throughout Hennepin County and 22 specifically to St. Anthony. Included in his report was the history of 23 the Health Department since its origination. in 1978, sources of its 24 income, and descriptions of its programs which are designed to prevent 25 illness through good hygiene and safe practices. The connections with 26 the National and regional health departments were also explored with 27 Councilmember Marks, 28 Mr. Bowlin indicated the extent of County Health Department's services 29 to . the City in various areas, including ambulance service, pool, 30 restaurant, well inspections, public health nursing services, 31 alternative care grant services, child care consultations, and 32 immunizations. Special programs included the, sponsoring of Don't Smoke 33 Day, Youth Health Week, and a biweekly cable television program, 34 "Public Health Journal" , the Health Department representative said. 35 Mayor Sundland and Councilmember Enrooth were especially interested in 36 Mr. Bowlin's report that Hennepin County Medical Center had made 392 37 emergency ambulance runs ,to St. Anthony the previous year and wondered 38 how that compared with the runs to other communities. The Mayor told 39 Mr. Bowlin that because of the change in the City's demographics over 6 • 1 the years , the City had made a great effort to give its personnel 2 emergency training and said he thought it would be interesting to find •3 out just how many other community fire and police departments were 4 experiencing the same rise in medical calls as compared to fire runs. 5 Mr. Bowlin said he wasn't certain just what those exact figures might 6 be but promised to research and report them back to the City. However, 7 he said he did know that ambulance runs were a steadily growing County 8 service with about 65, 000 runs county-wise last year. The County Health 9 Department representative also reported that the emergency services 10 system in Hennepin County is viewed as one of the most progressive in 11 the nation. 12 The Mayor thanked him for briefing the Council on the health services 13 which are available to St. Anthony. 14 Council Majority Supports Transfer of Cable Community Access from Cable 15 TV North Central to a Non-Profit Corporation 16 The agenda packet contained copies of the August 12th letter from the 17 North Suburban Cable Commission Administrator to which was attached the 18 executive summary of the Commission's access Report recommending the 19 transfer. A copy of the proposed Resolution 88-033 supporting the 20 transfer was also included. 21 Dennis Murphy, the City's representative on the North Suburban Cable 22 Commission, and Bootsie Anderson, the Commission Administrator, reported 0-3 the reasons the Commission was recommending the transfer of community 24 access programming from the current cable franchise holder to the North 25 Suburbs Access Corporation (NSAC) , an existing non-profit organization 26 which currently performs functions of the Cable Commission on matters 27 related to community access. 28 Mr. Murphy told the Councilmembers that basically what the North 29 Suburban Cable Commission was asking them to do by adopting the 30 proposed resolution, was to direct the Cable , Commission to negotiate 31 with Cable TV North Central for the transfer of functions and resources 32 for community access to NSAC. He indicated the cable company and the 33 Commission were in agreement that someone else should take over the 34 community access programming but disagreed on the timetable for the 35 transfer as it related to the financial support for the programming, 36 especially what the costs of a successful community access would be. 37 The Cable Commission therefore perceived the need to have an independent 38 audit done on those amounts. 39 Ms. Anderson and Mr. Murphy reiterated the areas in which the 40 Commission perceived the cable company wasn't honoring the franchise 41 agreement they had signed with the ten north suburban communities the 42 Cable Commission represents when the franchise had been sold to Cable 43 TV North Central . • 7 1 Ms. Anderson said other metropolitan cable franchise holders are 2 providing satisfactory community access programming for the areas they 3 serve ad she pleaded with the Councilmembers not to "judge what is 4 possible by what you've never had. " 5 Mr. Murphy gave his own perceptions about the failures of the cable 6 company to provide the community access programming which he. had 7 believed made cable TV unique as compared to satellite or commercial 8 television. The Commissioner said what was lacking in what the cable 9 company offered now was user friendly equipment and the personnel 10 necessary for a successful community access program. He also pointed 11 out that when Cable TV North Central took over the franchise from Group 12 W, they also accepted the responsibility Group W had agreed to for 13 providing community access programming for the north suburban 14 communities who signed the franchise agreements. He also said the 15 company was very slow in responding to any questions or requests from 16 the Commission as a whole. 17 Ms. Anderson assured the Councilmembers that there was a "major 18 commitment" on the Cable Chairman's part to do what the cities wanted 19 done when the franchise was agreed upon many years ago. The Cable 20 Administrator indicated she was personally incensed and thought the 21 Councilmembers should also resent the fact that Cable TV North Central 22 had hired paid lobbyists to contact community leaders like themselves 23 to try to disseminate disinformation about community interest in 24 community access programming, in spite of the fact that the Cable 25 Commission had passed an anti-lobbying resolution. 26 Ms. Anderson said contrary to what has been reported, Cable TV North • 27 Central is not losing money, but had the best year they've every had 28 last year. The Cable Administrator recommended the Council pass the 29 resolution and "get into a non-profit situation where satisfactory 30 community access programming can be provided. " 31 Councilmember Enrooth indicated he considered the situation to be 32 "somewhat of a farce" because if the cable company is making the money 33 Ms. Anderson claims, and he said he had no reason to believe she wasn't 34 right, then their arguments for not spending the money they agreed to 35 for community access programming "were nothing but a joke. " However,. 36 he added, because the 1984 Federal Communications Act removed the 37 regulation of rates from the cities, he perceived there was nothing the 38 City could do about it. 39 Ms. Anderson reminded the Councilmembers that when they had approved the 40 cable franchise four years ago the existing subscriber rate was $7.95, 41 which the cable company said would cover the costs of community access 42 programming and now, with a raise to $14.95, that rate should certainly 43 still cover community access because there have been no additional 44 company equipment purchases or staff hired and no additional 45 requirements have been placed on any provision of the franchise. With 46 salaries being reduced and the Commission giving the cable company 47 relief along the line, the Cable Administrator indicated she had a hard 8 • 1 time seeing where the costs of the community access . programming could •2 have increased. 3 Mayor Sundland recalled the extravagant concessions related to community 4 access the cable company had been willing to make to. get the franchise 5 and agreed the independent audit the Cable commissioners were 6 recommending was a good idea. 7 Councilmember Ranallo stated he didn't "see any reason why the Council 8 should be involved in cable at all because a majority of St. Anthony 9 residents don't care at all about public access programming. " When he 10 said he perceived the cable company was actually encouraging the 11 transfer of community access programming over to the independent 12 corporation, Ms. Anderson agreed that was true, but said Mr. Hauser was 13 not willing to transfer that portion of the $14 .95 which is supposed to 14 go towards supporting that programming. She said that's where the 15 stalemate is right now. The Cable Administrator reiterated -that the 16 Cable Commission contends that there are dollar figures in the current 17 $14.95 rate which were included in the franchise Mr. Hauser bought to 18 be spent on community access programming which the cable company will 19 be expected to pay the non-profit corporation to support that 20 programming. 21 Mr. Murphy told the Councilmember that without an audit the Cable 22 commission had up to this time been unable to ascertain just what those 23 figures were and had therefore been hesitant to go with an independent 24 corporation to "do what the franchise stated the cable company should 0,5 have been doing all the time. " He said the Cable Commission's goal 26 has always been to get successful community access programming for the 27 Cities in the Commission and the Commission now perceives the only way 28 to reach that goal would be to take the programming away from Cable 29 TV North Central and have it run by an independent corporation which is 30 committed to the concept of community access. ' He agreed that a rate 31 increase was going to occur whether the .transfer is made or not. 32 When Councilmember Ranallo reiterated that he didn't perceive the 33 community wanted community access anyway, Ms. Anderson responded that 34 community access - had been federally mandated as a !'freedom of speech 35 issue" and added that "the subscribers have been paying for it ever 36 since the franchise was first granted. " She told Councilmember Ranallo 37 the reason the Council "gets the heat" every time the rates go up is 38 because the cable company has told the subscribers the "City (Cable 39 Commission) has told us we can raise the rates. " The Cable 40 Administrator added that even "if a lot of cities want to get out of 41 the cable business, the franchises establishing cable TV have already 42 been signed" and she perceived that "if normal cable operation like 43 dozens of other communities enjoy, you wouldn't be experiencing the 44 problems you are now. " 45 Mayor Sundland agreed that the cable company's profits couldn't help but 46 rise if they increased their market penetration which in turn should 47 make it easier for them to provide community access ,programming. 9 1 When Councilmember Ranallo indicated he would only vote for the non- • 2 profit organization if the cable company promised not to raise their 3 rates because "the subscribers were not getting any more for $14 .95 than 4 they got for $7 .95 before" , Councilmember Marks told him he would be 5 "very suspicious" of that promise being kept any better than previous 6 promises made when the franchise was first granted. 7 Ms. Anderson indicated she didn't see it was a rate issue which was 8 involved but rather the Cable Commission was reminding the Council that 9 "the cable company owner wasn't honoring the agreement he signed when 10 he took over the franchise. " She told Councilmember Enrooth the cable 11 Commission was not yet at the point where it was recommending litigation 12 to force them to honor those agreements but was still negotiating for 13 a better proposal from Mr. Hauser. However, if the cable company 14 continues not to fulfill those agreements, the Cable Commission would, 15 in all probability, be returning to the various north suburban City 16 Councils requesting their "blessings" on that action. The Cable 17 Administrator reminded the Councilmembers that provision of "Public 18 Educational and Governmental Programming" was clearly mandated in the 19 federal bill. Ms. Anderson added that by the large, most other 20 community cable franchises have independent corporations running their 21 community access programs because they realized the cable companies 22 were not in the business to run non-profit programming but had only 23 offered it as an 'incentive for getting the franchises in the first 24 place. She said the North Suburban Cable TV franchise proposal says the 25 cable company had to spend over $700,000.00 on community access • 26 programming in 1987 and $800,000.00 in 1988 for marketing, promotion, 27 classes, etc. and should have spent about $3 ,000,000.00 over the last 28 five years. The Cable Administrator said she would be very surprised 29 if they spent more than $1 ,500,000.00 during that time but perceived the 30 actual figures could only be determined by an independent audit. 31 Mayor Sundland indicated he perceived that by telling Cable - TV North 32 Central they should keep the entire system, the City would be just 33 giving the company further reasons for claiming the community access 34 programming costs were raising their budget to levels which required 35 higher subscription rates. Instead, he was going to vote for the 36 resolution which is intended to make them honor the agreements they 37 made with the City when they took over the franchise and to get back the 38 money the franchise required the cable company to spend, but which they 39 did not spend, on community access. The Mayor said he thought 40 "somewhere down the line someone had to stand up and make the cable 41 company keep its agreements. " He also perceived that by correcting the 42 disinformation the company put out, the City might also help to put the 43 responsibility for raising rates back on the cable company where it 44 belonged. 45 Councilmember Makowske agreed, saying she perceived the cable company's 46 refusal to keep original agreements related to pornographic programming 47 was symptomatic of their lack of intent to keep the rest of the 48 agreements they signed when they took over the franchise. Mr. Anderson 10 1 told her the Commission is also getting marketing and service complaints •2 against the cable company. 3 14s. Anderson asked the Council to "give the non-profit corporation a 4 chance to provide satisfactory programming before killing the concept 5 off altogether. " She also questioned whether there could be a majority 6 of St. Anthony residents who preferred not to have community . access 7 programming when most of them aren't even conscious of its existence, 8 which, she added, "is still one of the best kept secrets in the 9 country. " 10 Councilmember Marks reiterated that her personally was not too impressed 11 with most of the television programming the public was being offered but 12 he felt the only type of programming he could really support would be 13 community education programs. He agreed with Councilmember Makowske 14 that pornographic materials certainly didn't meet what he perceived to 15 be "community standards in St. Anthony. " He said he thought this was 16 just another situation which was. very similar to how other big companies 17 have used "marvelous new discoveries" just to make more profits. The 18 Councilmember indicated he perceived the City should follow the 19 recommendations of the Cable Commission, perceiving that the creation 20 of a non-profit community access organization, might eventually lead to 21 community run cable companies, citing again the case he had heard about 22 at the League conference where a city in Michigan had legally assumed 23 the ownership of all cable TV. The Cable Administrator reminded him 24 that the City had that option when Cable TV North Central bought out 25 Group W. Mayor Sundland told her the Council had not fully realized �6 what their signing the franchise at that time involved when it came to 27 pornography because they had been convinced the franchise agreement 28 didn't allow that type of programming. They had also not expected the 29 cable company to use monies dedicated towards community programming to 30 make a profit. 31 Council Action 32 Motion by Marks, seconded by Enrooth to adopt Resolution 88-033 . 33 RESOLUTION 88-033 34 A RESOLUTION SUPPORTING COMMUNITY ACCESS MANAGEMENT 35 BY A NON-PROFIT CORPORATION 36 Voting on the motion: 37 Aye: Marks, Enrooth, Sundland, Makowske. 38 Nay: Ranallo. 39 Motion carried. 40 PUBLIC HEARING • 11 1 Sale and Issuance of $10,750 ,000 Housing Development Revenue Bonds for 2 the St. Anthony/LaNel Project Authorized by Council • 3 At 9: 22 P.M. Mayor Sundland opened the public hearing scheduled that 4 evening on the proposal that the City issue its refunding revenue 5 bonds in order to refund the $11 ,990,000 Multifamily Housing Revenue 6 Bonds for the Arkand Limited Partnership project for Phase III of the 7 Kenzie Terrace Redevelopment Project and to authorize the use of 8 $10,750 , 000 of those bonds for the project LaNel Developers propose 9 instead for the project. Mr. Childs explained that the larger figure 10 which was quoted in the Notice of the Hearing which appeared in the St. 11 Anthony Bulletin was the maximum aggregate in the original authorization 12 and the $10,750, 000 figure was the actual figure needed to do the 13 project under a new developer. The Manager also reported there had been 14 no public reaction to the Notice. 15 There was no one present to provide further input to the consideration 16 and the Mayor closed the public hearing at 9:22 P.M. at the same time 17 the following was made: 18 Council Action 19 Motion by Ranallo, seconded by Makowske to adopt Resolution 88-037. 20 RESOLUTION 88-037 21 A RESOLUTION AUTHORIZING THE SALE AND • 22 ISSUANCE OF $10,750,000 HOUSING DEVELOPMENT ,REVENUE 23 BONDS (ST. ANTHONY LANEL PROJECT) SERIES 1988 OF THE 24 CITY AND THE EXECUTION OF NECESSARY DOCUMENTS 25 Motion carried unanimously. 26 REPORTS . 27 PROCLAMATION 28 Motion by Marks, seconded by Ranallo to authorize the Mayor to sign the 29 proclamation designating the week of September 17 through 23 , 1988 as 30 "Constitution Week" in St. Anthony. 31 Motion carried unanimously. 32 COUNCIL REPORTS 33 Makowske to Attend September 20th AMM Housing Committee Meeting 34 Councilmember Makowske indicated she was sorry not to have been able to 35 attend the Association of Metropolitan Municipalities Housing Commission 36 meetings for the past month and a half but said she had information 37 available on the meetings for any Councilmember who wanted to know more 12 • 1 about the issues the Commission had been pursuing. She said she hoped, •2 however, to be able to make the meeting scheduled for next Tuesday. 3 Mayor Says He's Happy to Learn the MPCA and EPA Have Finally Stated 4 Publicly That The Contamination of the St. Anthony Water System 5 Oriqinated at the Twin Cities Ammunition Plant 6 Mayor Sundland indicated the above had been reported in the news 7 article, copies of which the City Manager had distributed to 8 Councilmembers. The City had also received a letter from the U.S. 9 Army "admitting to a 'part' of the responsibility which they were 10 anxious to remedy. " Councilmember Enrooth found it ironic, however, 11 that the first radio accounts on WCCO attributed responsibility for the 12 filtration plant to only the two government agencies , with no mention 13 at all about the part the City played in that project. 14 Councilmembers Perceive Inadequacies in City Facilities When Compared 15 to Other Municipal Buildings Throughout the State 16 Councilmember Ranallo indicated the above had been painfully brought 17 home to him during the trips he recently took for the League of 18 Minnesota Cities to the Iron Range. He said that assessment applied to 19 all city buildings, including city halls, fire stations, public works 20 housing, etc. Councilmembers Enrooth and Makowske indicated they had 21 to agree with that assessment after observing the facilities going up 22 on other metropolitan locations. Councilmember Makowske told the 23 Council , "we talk about City pride but haven't transferred that sense 04 of pride to our buildings. " She indicated she thought the Council was 25 going to , have to face up to those realities in their next budget. 26 Mayor Sundland recalled that he and Sally Haik had tried unsuccessfully 27 a number of years ago to get the other Councilmembers at that time to 28 consider spending money to improve the appearance of what was then the 29 city hall and fire station, but their proposal was voted down. That 30 moved the City in the direction of acquiring Parkview, which he said, 31 "is where we are today. " Councilmember Enrooth wondered whether 32 Councilmembers might not have gotten somewhat "myopic" because "we've 33 all been in City service for so long." He said he had also been 34 noticing the type of buildings other cities like White Bear Lake, 35 Lauderdale, Falcon Heights, etc. were erecting, , many with the same or 36 less population than St. Anthony. 37 Makowske and VanderHeyden to Attend "Celebrate Minnesota 1990" Workshop, 38 September 21st. 39 The Councilmember and Assistant to the City Manager indicated a desire 40 to attend the first of these at which grants for municipal activities 41 would be discussed. 42 Symmpathy Card to be Sent to Family of John Hatcher 43 Councilmember Marks noted the August 15th death of the community .44 activist, reported in the Fire Department emergency reports in the agenda .� 13 1 packet and suggested the above action in light of Mr. Hatcher's service 2 on various City commissions over the years. • 3 Marks' Meeting and Work Schedule Full 4 The Councilmember also reported attending that morning the planning 5 session for the Government Training Service meetings at which four 6 training institutes were scheduled for November. He said he would also 7 be attending the quarterly full Board meeting of the Youth Service 8 Bureau at 7:00 A.M. , September 15th. The Councilmember indicated he 9 had not yet received a notice of a meeting for the Anoka/Hennepin Light 10 Rail Transit Intergovernmental Advisory Committee to which he had been 11 appointed, July 26th. When Mr. Childs indicated the Committee had 12 called him when they were unable to get in touch with the Councilmember 13 regarding a September 14th meeting, Councilmember Marks indicated he 14 knew he was hard to get in touch with now that he was teaching five 15 classes in two different locations; trying to get his own consulting 16 business started; and serving as Coordinator for Computer Studies at 17 the Hennepin Technical Institute. 18 DEPARTMENTS AND COMMITTEES 19 The following were noted and ordered filed for future information: 20 *Hance & LeVahn report on cases which they had prosecuted for the City 21 at Hennepin County District Court up to and including August 17 , 22 1988; • 23 *August Liquor Operation Sales Summary; 24 *August Fire Department Report. 25 CITY MANAGER REPORTS 26 September 16 . 1988 Staff Meeting Notes 27 The City Manager explained that the people who are assisting the Public 28 Works Department in resurfacing the tennis courts are adults who are 29 considered hard to employ and are therefore candidates for Hennepin 30 County's community service job training program. 31 Mayor Sundland suggested congratulations should be extended to Police 32 Chief Hickerson for his department's establishment of 30 Crime Watch 33 neighborhoods in St. Anthony. Mr. Childs drew attention to another 34 portion of the Chief's report which indicated his department was short 35 4 police personnel. Councilmember Enrooth noted the reserves had been 36 directing the traffic after football games at the High School. 37 Budget Couldn't SupRort Additional $2 , 394 for Northern Mayors 38 Association and Council Couldn't See Justification for Leyying Taxes to 39 SuRRort a Regional Redevelopment Authority 14 1 The Council consensus that the request from the Association not become �2 a budget item was partially based on the failure of the Association to 3 follow through on the promised solicitation of support from major 4 industries who had to benefit from further regional development north 5 of St. Anthony. There was also the perception that because the City had 6 almost reached its growth limit, further economic growth to the north 7 would only attract more traffic through the City. The City Manager was 8 also instructed to let Mr. Krautkramer know there was little possibility 9 another visit from him would change that consensus. 10 Army Expected to Offer a Settlement Less than City Expenditures to 11 Clean Up Water Contamination 12 As part of his - update on water contamination issues, Mr. Childs 13 referred to letters from the Attorney General and the MPCA which 14 supported the City's contention that underground water contamination 15 from the Army's Twin Cities Ammunition Plant in New Brighton had caused 16 the City's problems. He indicated these letters were closely followed 17 by a letter from the Army indicating they "were anxious to remedy the 18. problem. " However, because the MPCA had found them "only partially 19 responsible under the law" , the City Manager said he expected the Army 20 to submit an offer to St. Anthony which was probably not going to 21 match the City's expenditures. The Army letter had given the 22 impression that they were going to have the EPA rather than their .own 23 engineers design a permanent filtration system for the City wells which, 24 Mr. Childs said, would probably result in a total project cost higher 0-2 25 than the City thought the system should cost the taxpayers. 6 Mayor Sundland said he thought further contact ' with the City's 27 Congressional representatives might again be necessary. -28 St. Anthony Residents Still Buying Bottled Water 29 Councilmember. Ranallo commented that, in spite of excellent Bulletin 30 coverage of the City's new carbon filtration system and detailed 31 Newsletters on the subject, he had talked .to a number of residents who 32 were still using bottled water and didn't seem to know anything about 33 the City's actions to provide them with "water. as clean as known to 34 man today. " It was agreed that St. Anthony water was now safer than 35 any which a resident could buy because there are no regulations on the 36 bottled water at all . Mr. Childs reported staff had pulled copies of 37 all the City Newsletters for the past six years and found only a few 38 which didn't have something about the water problems. He said the 39 subject would again be explored in the Newsletter which is being 40 written now. 41 The discussion was closed with the City Manager telling the 42 Councilmembers that by the same -time the next week he expected to have 43 heard something from the Army and would be seeking direction from them 44 on the City's position on that offer. 45 village Gardenettes Make Contribution Towards Central Park Band Shell • 15 I In their August 8th letter to Mr. Childs, the Gardenettes indicated they • 2 were sending $100.00 in "up front money" towards the efforts to have the 3 above project which they indicated they considered would be an asset to 4 the City. The letter also contained the garden club's offer to provide 5 plantings around the band shell. 6 NEW BUSINESS 7 First Reading of Personnel Policy Ordinance Amendment Approved 8 Motion by Ranallo, seconded by Marks to approve the first reading of 9 Ordinance 1988-009. 10 ORDINANCE 1988-009 11 AN ORDINANCE AMENDING SECTION 135 - PERSONNEL 12 POLICY OF THE 1973 CODE OF ORDINANCES 13 Motion carried unanimously. 14 City Crews to Maintain County Roads in St. Anthony 15 Motion by Marks, seconded by Ranallo to adopt the resolution which 16 authorizes the execution of the agreement with Hennepin County to 17 provide the above service. 18 RESOLUTION 88-032 • 19 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER 20 TO EXECUTE THE AGREEMENT BETWEEN -HENNEPIN COUNTY 21 AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE 22 Notion carried unanimously 23 Persons Designated to Handle City Financial Accounts 24 Motion by Marks, seconded by Enrooth to adopt Resolution 88-034. 25 RESOLUTION 88-034 26. A RESOLUTION SPECIFYING PERSONS AUTHORIZED 27 TO MAKE CERTAIN TRANSACTIONS REGARDING 28 CITY FINANCIAL ACCOUNTS 29 Motion carried unanimously 30 Tabor Contract with Local 49 for 1988 and 1989 31 Motion by, Enrooth, seconded by Makowske to adopt 'Resolution 88-035. 32 RESOLUTION 88-035 16 • 1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER 2 TO EXECUTE THE LOCAL ADDENDUM TO THE AGREEMENT 3 BETWEEN THE METROPOLITAN AREA MANAGEMENT 4 ASSOCIATION, REPRESENTING THE CITY OF ST. ANTHONY, 5 AND THE INTERNATIONAL UNION OF OPERATING 6 ENGINEERS, LOCAL 49 7 Motion carried unanimously. 8 Connie Kroer)lin Named City Clerk 9 Motion by Ranallo, seconded by Marks to adopt Resolution 88-036 which 10 authorizes the above restructuring of the City administrative staff due 11 to the retirement of the City Clerk. 12 RESOLUTION 88-036 13 A RESOLUTION AUTHORIZING THE CITY MANAGER 14 TO APPOINT A CITY CLERK FOR THE 15 CITY OF ST.. ANTHONY 16 Notion carried unanimously. 17 UNFINISHED BUSINESS 18 Sewer Rate Ordinance Given Second Reading •19 Motion by Makowske, seconded by Marks to approve the second reading of 20 Ordinance 1988-004 which authorizes a raise in sewer rates for the City. 21 ORDINANCE 1988-004 22 AN ORDINANCE RELATING TO SEWER RATES AND 23 CHARGES, AMENDING SECTION 540 OF THE 24 1973 CODE OF ORDINANCES 25 Notion carried unanimously. 26 ADJOURNNENP 27 Motion by Ranallo, seconded by Enrooth to adjourn the Council meeting 28 at 10:10 P.M. for the St. Anthony Housing and Redevelopment Authority 29 meeting which followed at 10: 20 P.M. 30 Notion carried unanimously. 31 Respectfully submitted, 32 Helen Crowe, Secretary • 17