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HomeMy WebLinkAboutCC PACKET 10101989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100643 BOX: 18 Folder: CC PACKETS 1987-1989 Document: CC PACKET 10101989 1 CITY OF' ST. ANTHONY PLANNING COMMISSION MEETING MINUTES OCTOBER 3 , 1989 CALL TO ORDER The meeting was called to order by Chairperson Madden at 7 : 30 p.m. The Pledge of Allegiance was led by the Commission Chair. ROLL CALL Present: Brownell , Franzese (7 : 50 p.m. ) , Hansen, Madden, Wagner Werenicz Absent: London Also Present : Susan VanderHeyden, Acting City Manager Larry Hamer, Director of Public Works APPROVAL OF MINUTES Motion by Wagner, seconded by Brownell , to approve the August 15, 1989 Planning Commission meeting minutes as presented and with the following corrections : Page 1 , Line 43 : Delete "to. " Page 3 , Line 29 : Change "feelings" to "feeling. " Motion carried unanimously. DESIGNATE COMMISSION REPRESENTATIVE TO OCTOBER 10TH COUNCIL MEETING Commission Chair Madden was selected and agreed to represent the Planning Commission at the next scheduled City Council Meeting . PUBLIC HEARII4GS Holten; for 2909 Rankin Road; Setback Variance Request - The Chair opened the public hearing at 7 : 44 p.m. The Chair read the official notice of the public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive or stated an objection to the contents of the notice. The public hearing was set to consider a variance request from Bruce Holten, 2505 27th Avenue N.E. , for a setback variance to allow a 22-foot front yard setback from the required 30-foot setback (an eight-foot variance) at 2909 Rankin Road. Acting City Manager VanderHeyden advised the Commission that an 2 eight-foot easement is in the process of being relinquished to the City by Hennepin County, although the City is presently responsible for maintaining that property. Public Works Director Larry Hamer advised the Commission that the zoning ordinance requires a structure to be set 30 feet back from any property line adjacent to a road. Discussion ensued regarding the correct method of measuring the front , side, and rear easements . Chair Madden invited Bruce Holten to present his cases to the Commission. Mr. Holten described the logistics involved in building a house on a triangular site with two large road easements . He then stated that the eight-foot variance he is petitioning for is the eight-foot easement which will eventually revert to the City. He stated that the granting of this variance would allow him to build a house in alignment with the neighboring house; to place the garage as far north on the property as possible in order to comply with City Council restrictions imposed when Lots 19 and 20 were split; and to save an old oak tree on the Old Highway 8 side of the property. Don Makowske of 2919 Rankin Road spoke in favor of Bruce Holten' s building plans and variance request. The public hearing was closed at 7 : 50 p.m. Motion by Werenicz, seconded by Wagner, to recommend that the City Council grant an eight-foot front yard setback variance at 2909 Rankin Road, finding that the -three questions asked in the variance petition were answered affirmatively and satisfactorily and that no one spoke against the request; that the variance apply only to this particular lot based upon its unique configuration; and that the house be placed upon the lot as indicated in- drawings submitted to the Commission. Motion carried unanimously. .Yarr; for . 3104 Armour Terrace; Fence Variance Request .The -chair opened the public hearing at 8 : 02 p.m. The Chair read the official notice of the public hearing which had . been published in the September 20th edition of the St . Anthony Bulletin. No one failed to receive or objected to the contents of the notice. The public hearing was set to consider a variance for a fence to allow an additional foot (from six feet to seven feet) in the back yard and an additional three feet (from four feet to seven feet) in the front yard. Public Works Director Larry Hamer related the history of the fence project to the Commission, stating that the east side of the fence had already been constructed before the City was contacted regarding 3 possible ordinance violation and asked to provide the Yarrs with a copy of the fence ordinance . Subsequent to providing the Yarrs with notice of the fence ordinance, Hamer visited the site three more times during the construction of the remainder of the fence regarding its violation of the height provision of the fencing ordinance . Hamer added that a neighbor ' s ten-foot fence cited by the Yarrs in their petition was erected before the fencing ordinance was enacted in 1982 . Chair Madden invited Valentina Yarr to present her case to the Commission. Ms . Yarr stated that the fence was built on the east side to replace the privacy lost when a row of tall bushes over eight feet in height died, and that the fence on the west side was built to obliterate the Yarrs ' view from their dining room window of junk stored in the neighbor ' s yard. She also stated that the Yarrs ' teenaged daughters desired additional privacy for sunbathing. Ms . Yarr explained that the fencing was initially eight feet high on the east side, but that when their east neighbor complained about lack of sunlight on their garden, the Yarrs cut one foot off the top of the fence . Ms . Yarr explained that eight-foot fence posts are still present in the fencing because the Yarrs planned to build a decorative trim on the fence or' to hang flower baskets from the poles . Ms. Yarr then distributed photographs of the view from their dining room window. ,Bill Wahl of 3113 Armour Terrace spoke against the variance request . He stated that ordinances and regulations are established for the protection of community members , and that when too many variances are granted the regulations are weakened and become meaningless . He expressed the view that variances should be granted only on the basis of true hardship and unusual circumstances . Ethel Plasek of 3112 Armour Terrace spoke against the variance request, stating that fences detract from neighborhood beauty. Frank Plasek of 3112 Armour Terrace spoke against the variance request, stating that residents should not be allowed to disobey ordinances or to spoil the appearance of their neighborhood. Carl Marihart of 3101 Armour Terrace spoke against the variance, stating that he sees no need for a seven-foot fence in the front yard because of the presence of trees and the elevation of the property which currently provide privacy. Avanelle Froelich of 3016 Armour Terrace spoke against the variance request, stating that the Zahhos ' ten-foot fence cited in the Yarr petition was erected to maintain the continuity of a fence installed by one of the Zahhos ' neighbors to enclosed a swimming pool . She concurred with Mr. Marihart regarding tall front yard fences. Daniel Kopka of 3108 31st Avenue spoke against the variance request, 4 stating that he is in favor of the current fence ordinance because tall fences detract from the beauty and openness of neighborhood back yards .- Ms . Yarr responded to those who spoke against the variance request, stating that the $3 , 000 fence was of good quality, that the fence does not obstruct ventilation of their neighbors ' yards, and that the back yards were never open and continuous because of the large bushes . Commissioner Werenicz asked Ms . Yarr to explain what undue hardship would be relieved by a seven-foot fence . Ms . Yarr replied that their quiet enjoyment of their property was disturbed by their view, from their dining room window in particular, of junk in the Zahhos ' yard. Commissioner Werenicz expressed the view that a six-foot fence would be sufficient. He then asked Ms . Yarx to explain the affirmative answers given to questions two and three of the petition for variance. Nicholas Yarr of 3104 Armour Terrace responded that he had consulted with his two immediate neighbors before constructing the fence and had received approval from them initially, and that he complied with the Glotzbachs ' request to lower the fence by one foot. He added that he had asked the Zahhoses many times to clean up the visible junk in their yard but had been told that they were too busy to do so. Commissioner Franzese- asked if the fence would still serve its intended purpose if it was cut down to six feet. Ms . Yarr replied that the fence looks nice and that she sees no difficulties with the fencing as it exists . She commented that it would be a hardship for them to cut the fence down another foot because they would have to hire someone to do it. The public hearing was closed at .8 : 26 p.m. The Commission concurred in its findings that -the Yarrs were aware of the fence ordinance requirements well before construction of the fence was substantially .completed, and that no hardship or unusual circumstances were shown to exist in their case . The Commission also noted that, if the junk situation in the Zahhos ' back yard is as . unsightly as alleged, the City might need to rectify that situation. Public Works Director Hamer replied that' he has been in' contact with the Zahhoses regarding the accumulation of debris and will follow up the situation. Motion by Wagner, seconded by Werenicz , to recommend that the City Council deny the variance request for seven-foot fencing at 3104 Armour Terrace on the basis that no hardship or extraordinary circumstances have been shown to exist which would justify a variance; and that no one appeared to speak in favor of the variance request while many opposed it. 5 Motion carried unanimously. Clark ' s Submarine Sandwices; for 2922 Pentagon Drive; Conditional Use Request and Sign Variance Request. The Chair opened the public hearing at 8 : 49 p.m. The Chair read the official notices of public hearing which had been published in the September 20th edition of the St. Anthony Bulletin . No one failed to receive or .stated an objection to the contents of the notices . A public hearing was set to consider a request from Clark ' s Submarine Sandwiches , 417 University Avenue, St . Paul , MN 55103 , for a conditional use permit to place a restaurant drive-through on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center; and a public hearing was set to consider a request from Clark ' s Submarine Sandwiches , 417 University Avenue, St. Paul , MN 55103, for a sign variance to place a drive-through sign on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center, which sign is 9 . 75 square feet (1 . 5 x 6 . 5) designating the business name and drive-through service. Acting City Manager VanderHeyden informed the Commission that Clark' s Submarine Sandwiches ( "Clark ' s") plans to lease the space currently occupied by the Nationwide Sewing Center. She presented the Commission with a large-scale plan of the proposed restaurant and drive-through location. Commissioner Franzese asked staff whether the City is responsible for .designating traffic flow in . the shopping center . Public Works Director Hamer informed the Commission that Eberhardt designates the flow of traffic in the shopping center. He pointed out that the area proposed by Clark ' s as a drive-through was but is no longer a traffic thoroughfare since the closing of retail stores and construction of the apartment complex in their place . Commissioner Franzese asked whether the fire hydrant in the southwest area of the shopping center might pose a hazard to motorists . Hamer replied that the hydrant is adequately protected by steel posts . In reponse to a question by- Commissioner Brownell , Hamer stated that the City has the right, due to a 60-foot utilities easement, to designate no parking in an area adjacent to Coolidge Street which is designated on the plan as the drive-through entrance . Hamer expressed the opinion that the majority of the drive-through traffic will flow in front of the Town & Country grocery store . Chair Madden invited Clark Armstead, owner of Clark ' s, to present his case to the Commission. In response to a question by Commissioner Franzese, Mr. Armstead stated that he expects the drive-through business to constitute approximately 30 percent of the Clark' s 6 business at the St . Anthony location. He cited several advantages of drive-through service to both the restaurant and its customers . Commissioner Wagner expressed a concern regarding the flow of traffic exiting the drive-through lane. Discussion ensued regarding methods of preventing traffic exiting the drive-through lane from crossing or turning left at a blind corner into oncoming traffic . Commissioner Wagner suggested curbing which would direct exiting traffic to the right and prevent crossing traffic or left-hand turns . Commissioner Brownell noted that such a solution, when combined with an extended sidewalk , would also protect pedestrians coming around the blind corner toward the drive-through lane, as well as preventing traffic from entering the wrong way into the drive-through lane . Mr. Armstead agreed with the proposed solution but deferred to Eberhardt and Victoria Management for the final decision. . Commissioner Franzese asked Mr. Armstead what the restaurant ' s hours of operation would be. Mr . Armstead replied that Clark ' s restaurants are traditionally open daily from 10 : 00 a.m. to 2 : 00 a .m. , but that he would be willing to close the St . Anthony location at midnight Sunday through Thursday if the Commission was concerned with the 2 : 00 a.m. closing time . Rod Johnson, Eberhardt Company, read to the Commission a letter written by Dick Horst , owner of the St. Anthony Coast to Coast store, in which Mr . Horst .expressed his support for the Clark ' s conditional use permit and sign variance . Mr. Johnson noted that Clark ' s also intends to install a menu board as part of the drive-through, although mention of that board was inadvertently omitted from the sign variance request. Chair Madden brought up the fact that when the Nationwide Sewing Center signage was being discussed at an earlier Planning Commission meeting Victoria Management Company had expressed willingness to consider extending the fascia around the side of the building, and he asked whether that extension is still a possibility. Mr . Johnson asked to defer the question to Joseph DiSanto of Victoria Management Company. Commssioner Wagner then pointed out that at that same meeting it was agreed that all signs would conform to the sign specifications and asked how the Clark ' s side sign could possibly conform if the fascia is not extended. Mr . Johnson stated that no need to extend the fascia had been determined by Eberhardt, which was precisely the reason for the variance request. He further stated that Eberhardt ' s intent was that all the storefront signs conform, but that that intent did not necessarily include signage other than storefront . Commissioner Wagner disagreed with Mr . Johnson' s interpretation and stated that the minutes of both the Planning Commission and the City Council would reflect that all signs including front and side should conform to the specifications . Mr. Johnson replied that a requirement for all signs to conform to the 7 specifications would include rear signs , also. Chair Madden commented that the rear signage had been discussed as a separate issue . Commissioner Hansen expressed his concern that the integrity of the shopping center signage was being challenged so soon after the specifications had been put in place . He then asked what options exist if the Commission were to recommend denial of the sign variance based upon its non-conformance with signage specifications. Mr. Armstead and Mr. Johnson both described the signage as a lettering on a canopy over the drive-through which will be illuminated from the inside , and Mr . Johnson explained that individually illuminated letters such as those on the shopping center storefronts would not work on the proposed canopy.. Mr. Armstead emphasized the importance of protective canopy over the drive-through . Commissioner Hansen stated that, aside from considerations of square footage and a second sign variance, the Commission was first interested in knowing what the sign would look like . He pointed out that other retailers in the shopping center had agreed to conform to the signage specifications even though they originally wanted to use non-conforming signs . Joseph DiSanto of Victoria Management Company addressed the question, first reiterating his company ' s continuing commitment to the shopping center ' s success . Mr. DiSanto stated that extending the fascia is not a consideration because of the expense involved and because a different tenant identity is needed for Clark ' s . Mr. DiSanto explained that the fascia was extended around the side of the Hennepin County Library only because a blank wall faced Kenzie Terrace. Commissioner Franzese asked Mr . DiSanto to speculate on the reaction of other tenants who were not allowed to use their company logos when they learn that an exception has been made for Clark ' s . Mr . DiSanto replied that it is difficult to dissuade a regional operator from using its logo. Additionally, he expressed the view that the proposed Clark ' s logo would not detract from the rest of the shopping center but would merely set off the Clark ' s restaurant . He further explained that the intent of the signage specifications agreed to by Victoria was to install matching signage along the storefronts but not necessarily along the sides . He apologized to the Commission for any inadvertent error or omission on his part wick led them to believe that anything but storefront signage was meant to conform to the specifications . Chair Madden noted that two exceptions to the signage specifications already exist; namely, the Dairy Queen and the Montessori school . He stated that he is troubled by those two exceptions and is reluctanat to add a third. Mr. DiSanto disagreed - with Chair Madden' s assessment of the non-conforming signs and commented that it would be extremely unfortunate to lose a .potential tenant because of a signage dispute. 8 Several members of the Commission then stated that Clark ' s business was indeed welcomed to the community. Mr. Armstead thanked the Commission for their assurances and emphasized the importance of a distinctive logo to a company such as his own. Commissioner .Wagner asked Mr. Armstead to describe the menu board. Mr. Armstead replied that the menu board will be a standard illuminated board, that the majority of the menu board .will be taken up with description of menu items , and "that the restaurant name in logo form will appear in small lettering at the top. Public Works Director Hamer commented that the non-conforming Montessori school sign has been removed and that he is working with Eberhardt regarding other conspicuous , non-conforming signage in the shopping center, including those located at the rear of the buildings . Mr. DiSanto assured the Commission that he would consult an engineer regarding traffic flow at the Clark ' s drive-through window in order to provide maximum safety to motorists and pedestrians . Carole Sorenson, Housing Manager_ of Walker on Kenzie, appeared to address the issue of pedestrian safety, stating that many of Walker ' s tenants are elderly people who are concerned with safely negotiating traffic on their way through the shopping center . Commissioner Franzese asked whether provision had yet been made for pedestrian access to the shopping center from the apartment complex. Mr. DiSanto and Mr . Johnson replied that no such plans currently exist although they acknowledged the possibility of a pedestrian walkway. The public hearing was closed at 9 : 46 p.m. Commissioner Wagner objected to allowing non-conforming signage on the side of the building and recommended that a suitable alternative be brought to the Commission, preferably one that incorporates extending the fascia around the side of the building. He additionally noted that a formal variance petition should be brought for the menu board. Commissioner Hansen stated his agreement with the views expressed by Commissioner Wagner, adding that he would not vote in favor of the conditional use variance unless the corner safety issue was satisfactorily addressed. Commissioner Brownell also emphasized the need to address the corner safety issue. He then expressed the view that he had no objection to the proposed signage because the Clark ' s business location is unique to the shopping center. 9 Commissioner Werenicz concurred with the views expressed by Commissioner Brownell . Chair Madden stated that although he understands Clark ' s need to use its logo he would prefer to see some accommodation made on their part to the established signage pattern in the center . He also advocated extending the fascia around the side of the building. Commissioner Franzese expressed her concerns about corner safety as well as pedestrian safety between the center and the apartment complex. She expressed her hope for a compromise on the signage issue . Commissioner Franzese questioned whether the restaurant ' s late hours would invite disturbances in an otherwise quiet residential neighborhood . Commissioner Wagner concurred with the rest of the Commission on the safety issue, and expressed thanks. to Carole Sorenson for attending the meeting. Commissioner Hansen pointed out that the rear of the shopping center is receiving more notice as more residences are constructed, and suggested that the Commission concern itself with the appearance of the shopping center in all its aspects . Motion by Brownell , seconded by Hansen, to recommend that the City Council grant the conditional use permit for a drive-through service at 2922 Pentagon Drive for Clark ' s Submarine Sandwiches , finding that Clark ' s has affirmatively and satisfactorily answered the three questions required by the statute and that no one spoke against granting the permit; that the proposed conditional use is one of the conditional uses listed specifically for the zoning district; and that, because a potential traffic safety hazard exists in the plan submitted to the Commission, the Commission recommends that a method satisfactory to City of St . Anthony staff and City Council be devised for diverting traffic exiting from the drive-through to the right so as not to interfere with southbound pedestrian or automotive traffic; and that the hours of operation be from 10 : 00 a .m. to 2 :00 a.m. daily. Motion carried unanimously. Motion by Werenicz , seconded by Brownell, to recommend that the City Council approve the variance requested by Clark ' s Submarine Sandwiches for two signs totalling 59 square feet as depicted in the drawing submitted to the Planning Commission by the petitioner; finding that the petitioner affirmatively and satisfactorily answered the three questions required by the statute and that no one spoke against granting the variance; and that the storefront sign conform to the signage specifications of the shopping center; that the 10 petitioner present a detailed design plan of the side canopy sign to the City and that the design plan conform to the basic concept as presented to the Planning Commission at its October 3rd, 1989 meeting; noting that the Planning Commission looks favorably on the erection of a menu board as depicted in the submitted plan, although a separate variance request is required; in the hope that a suitable compromise on the side canopy sign be reached. Aye: Brownell , Werenicz Nay: Franzese, Hansen, Madden, Wagner Motion defeated. Commissioner Hansen suggested that the City Council might be aided in their decision-making task if a photo of an existing Clark ' s canopy sign could be procured for them. Mr. Armstead replied that no such canopy sign currently exists at any other Clark ' s location. Mr. DiSanto suggested that the Stonehouse canopy is nearly identical to the one proposed by Clark ' s . Chair Madden summed up the discussion by stating that the Commission was in agreement with every issue regarding the signage with the exception of the non-conforming appearance of the lettering. MISCELLANEOUS Commissioner Wagner, reported to the Commission that -in his discussion of the sign ordinance with the Riwanis Club the only objections were to election signs , which some members found unsightly. Chair Madden announced a government training workshop entitled "Accomplishing Your Agenda and Parliamentary Procedure" to be held on October 26th in Stillwater, November 16th in Rochester , and January 25th in St. Paul . ADJOURNMENT Motion by Hansen, seconded by Brownell , to adjourn the Planning Commission meeting at 10 : 32 p.m. Motion carried unanimously. Respectfully submitted, Doris Hoskin Commission Secretary H.R.A. IMMEDIATELY FOLLOWING' REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL AGENDA OCTOBER 10, 1989 7:30 P.M. COUNCIL CHAMBERS I . Call to Order/Pledge of Allegiance. II . Roll Call . III . Approval of September 26 , 1989 Council Minutes. IV. Licenses/Permits/Petitions . V. Presentation of Claims. A. Verified. B. Zahl Equipment Co. - $1 , 450 . 00 . C. Hance & LeVahn - $2 , 400 . 00 . D. Dorsey & Whitney - $1 , 314 . 55. Kay Andrews , representing the Youth Service Bureau, will • be present. VI . Reports. A. Planning Commission - October 3 , 1989 . 1 . Holten; for 2909 Rankin Road; setback variance request. 2 . Yarr; for 3104 Armour Terrace; fence variance request. 3 . Clark's Submarine Sandwiches; for 2922 Pentagon Drive; conditional use request. 4 . Clark's Submarine Sandwiches; for 2922 Pentagon Drive; sign variance request. B. Council . C. Departments and Committees . 1 . Hance & LeVahn, re: Matters conducted at the Hennepin County District Court up to and including September 20, 1989 ( 2 reports) . 2 . Fire Department, September, 1989, Monthly Report. 3 . Liquor September, 1989 , Monthly Sales Summary. D. Acting City Manager. 1 . Staff Meeting Notes - October 3 , 1989 . 2 . St. Anthony Police - "Pursuit" Policy. -a- 3 . Resident Request for Improvements to Emerald Park. 4. Report Concerning Road Reconstruction of Silver Lake Road From 694 to Silver Lane. VII. Public Hearings. VIII. New Business. A. Proposed Election Judge List. IX. Unfinished Business. X. Adjournment. • • �1 CITY OF ST. ANTHONY 2 CITY COUNCIL MINUTES 3 September 26, 1989 4 The meeting was called to order at 7: 30 P.M. with the Pledge of 5 Allegiance led by Councilmember Enrooth. An Executive Session with 6 Briggs and Morgan, attorneys representing the City in the water 7 contamination litigation, preceded the Council meeting. 8 ROLL CALL 9 Present: Marks, Ranallo, Sundland, Enrooth, and Makowske.. 10 Also present: Sue VanderHeyden, Acting City Manager 11 William Soth, City Attorney 12 SEPTEMBER 12, 1989 COUNCIL MINUTES 13 Motion by Marks, seconded by Makowske to approve as submitted. 14 Motion carried unanimously. 15 LICENSES/PERMITS/PETITIONS 106 Motion by Marks, seconded by Ranallo to approve the following licenses: 17 Contractors 18 Conquest Construction Co. , New Brighton 19 M. Fitzgerald Construction, Inc. , Ham Lake 20 Zion Building Company, Independence, Missouri 21 Heating 22 Suburban Air Conditioning Co. , Blaine 23 Motor Vehicle Starting 24 Dick's St. Anthony 66 25 Motion carried unanimously. 26 CLAIMS 27 Motion by Marks, seconded by Ranallo to approve payment of all City 28 accounts payable for September 12th and liquor accounts payable for 29 August 31st and September 15th, as presented in the September 26th 30 Council agenda packet. �1 Motion carried unanimously. I r o* 1 Motion by Marks, seconded by Makowske to approve payment of $940.00 to • 2 StayWell Health Management Systems for EAR services annually. 3 Motion carried unanimously. 4 Motion by Enrooth, seconded by Marks to approve payment of $19 ,627 .86 5 to the Metropolitan Waste Control Commission for October sewer services. 6 Motion carried unanimously. 7 Motion by Marks, seconded by Makowske to approve payment of $50 ,082 .00 8 to Calgon Carbon Corporation for services on the temporary granular 9 activated carbon system and including a carbon change out. 10 Motion carried unanimously. 11 Motion by Enrooth, seconded by Ranallo to approve payment of $31 .681. 25 12 to the Marquette Bank as payment due bondholders October 1, 1989 on the 13 St. .Anthony General Obligation Sewer Revenue Bonds of 1988. 14 Motion carried unanimously. 15 Motion by Makowske, seconded by Marks to approve payment of $36,852 . 19 16 to Hi-Ranger Midwest for an aerial unit. 17 Motion carried unanimously. • 18 LEGISLATIVE UPDATE - STATE REPRESENTATIVE MARY JO MCGUIRE 19 District 63B Representative McGuire distributed copies of her September 20 25th response to a letter sent to the City by State Representative 21 Eileen Tompkins related to tax legislation which was later- vetoed by the 22 Governor. Representative McGuire reiterated her defense of her own 23 votes, indicating she perceived the implications related to those votes 24 as well as the effect on St. Anthony's levy limit base had been 25 erroneous. 26 The Representative said she would be attending an early morning caucus 27 on the legislation which would be proposed during the Special 28 Legislative Session that week and would carry the City's concerns about 29 the effect of that legislation to that caucus. 30 Councilmember Ranallo had indicated his objections to the City being 31 forced to "use it or lose it" when it came to the levy limit base which 32 he perceived could lead to irresponsible use of tax revenues just 33 because they're available. 34 Councilmember Marks speculated that changes in the property taxes might 35 result in more regressive total state taxes for St. Anthony residents, 36 if tax rates on homes over $100,000.00 are raised. That "philosophical 37 concept" would also be presented for discussion during the caucus, 38 Representative McGuire said. 2 • Ms. VanderHeyden questioned whether levy constraints would also be 2 imposed on school districts who were being given large increases in 3 state aid under the proposed legislation. Representative McGuire 4 speculated constraints would be provided through the requirement that 5 school districts could only hold levy referendums at election times. 6 In response to Council concerns that by the time local taxes are raised 7 under the new tax program, residents would not have realized that the 8 state was now shifting the responsibility to cities for both collecting 9 and spending tax revenues for their own local activities. Representative 10 McGuire said she perceived the state and cities would have to work 11 together to get the message out to the residents. The City's attempt 12 to explain the changes would appear in the- next Newsletter, the Acting 13 City Manager said. 14 Councilmember Marks had discussed his desire to see the Dimler Amendment 15 repealed with -Senator Marty when he visited the Council August 22nd, and 16 he reiterated his objections to the legislation to Representative 17 McGuire. The legislator said the bill had been passed before she took 18 office but agreed the legislature should probably take another look at 19 the amendment which she perceived had been written to prevent insurance 20 companies from raising rates unfairly to the number of speeders who are 2.1 tagged for going between 65 and 75 miles an -hour on the freeways. 22 REPORTS •3 COUNCIL 24 Councilmember Makowske - Bus Transport ation for Autumn Wood/Kenzington 25 The Councilmember estimated the number of seniors without automobiles 26 would be increasing tremendously with the opening of the Autumn Wood 27 Apartments in October and said she had heard from a good number of such 28 residents of the Kenzington, who also lacked transportation. She said 29 she thought the City should contact the MTC to see if better bus service 30 couldn't be provided for St. Anthony. Ms. VanderHeyden reported she had 31 done some preliminary research on service provided to other suburbs and 32 found the Regional Transit Board subsidizes a shuttle service between 33 Rosedale and Roseville and a part of Shoreview. 34 There was concurrence that the City would have to have firm figures to 35 support the claim that lack of adequate bus service is creating a real 36 problem for a large number of St. Anthony residents. The possibility 37 of pertinent questions being inserted in the proposed school district 38 survey was discussed. Councilmember Makowske indicated she would -be 39 willing to work with staff on generating the necessary figures to 40 support requests to the MTC and RTB. 41 Councilmember Marks suggested the conversations with MTC should also 42 include discussions of provision of safer stops on Highway 88 during the 3 I winter when the snow is piled so high there is little room for bus • 2 riders to stand after getting off the bus. 3 Councilmember Ranallo - Road Reconstruction Task Force 4 The Councilmember reiterated the recommendation he had made at the last 5 Council meeting that a community task force of perhaps seven members be 6 organized to review the condition of the City streets; decide whether 7 reconstruction is warranted at this time; and, if so, whether curbs and 8 sidewalks should be added to the project. An estimated of the costs of 9 the improvements as well as a recommendation of how they would be paid 10 for would be sought. A good geographical mix in the membership would 11 be essential and Councilmember Ranallo recommended a Council work 12 session with the volunteers be scheduled at which what is expected of 13 them can be clearly defined. Councilmember Makowske agreed that 14 sidewalks should be included in the report and said she also perceived 15 it behooved the City to look at construction of bike paths as well . 16 Councilmember Enrooth reported that the Acting City Manager and he would 17 be meeting October 4th with Ron Laliberte, School District #282, and 18 Kathy Knapp, Community Services Director , regarding their use of the 19 Parkview -building. He indicated he anticipated discussions related to 20 continuing janitorial problems and some of the requests he was expecting 21 the Community Services Department to make of the City as landlord of the 22 Community Center. 23 Mayor Sundland reminded the Councilmembers that they were scheduled to • 24 ride on the City float in the Homecoming Parade from 1:00 P.M. to 3 :00 25 P.M. , October 6th. 26 Historical Society Meeting 27 Councilmember Makowske reported the St. Anthony Historical Society would 28 be holding its first annual meeting in the Community Center cafeteria 29 at 7:00 P.M. on October 16th. The Councilmember indicated the film 30 which was jointly produced by the City and the School District would 31 be shown at that meeting to which a number of community persons, 32 including the Mayor, are being invited. Following a short business 33 meeting, those in attendance will be able to view photos and other items 34 which the Society members have collected, she said. 35 ACTING CITY MANAGER 36 September 19, 1989 Staff Meeting Notes 37 Ms. VanderHeyden said she would find out more about the "pursuit policy" 38 being presented for adoption by all seven metropolitan counties for all 39 their police departments including St. Anthony, as reported by Chief Don 40 Hickerson at the staff meeting. 41 Neighbor Notification Considered Necessary 4 • 1 The Acting City Manager reported a request from Dwayne Hodges who is moving into the home at 2815 Coolidge Street to keep three large dogs 3 on his property where the City Ordinance only allows two. She indicated 4 the back yard is fenced and the dogs are considered by their owner to 5 be "inside dogs" . It was agreed that the reaction of the neighbors 6 should be sought by staff letter before the request is considered by the 7 Council . 8 District #282 School Survey Approved 9 Ms. VanderHeyden reiterated that although the District #282 School Board 10 has approved the community survey, the company who will conduct the 11 survey has not been hired yet. 12 Hamer Thanked for Work on Wilshire Playground Project 13 The copy of the appreciation certificate in the agenda packet thanking 14 the City for "generous donation of labor" on the project was presented 15 to Mr. Hamer the previous week. 16 NEW BUSINESS r 17 1988 Uncollectible Checks to be Written Off 18 Motion by Ranallo, seconded by Marks to approve the write off of 19 $2 . 355.81 in 1988 uncollectible checks, noting that this was the least amount of checks which could not be collected by the City liquor stores since 1982. It was also noted that the check cashing service was a very 22 profitable one for the City. 23 Motion carried unanimously. 24 *1990 Tax Levy and Budget Resolution Adopted 25 Resolution 89-025, certifying the proposed tax levy and 1990 City budget 26 in compliance with the Truth in Taxation Act was passed unanimously. 27 However in the interim the State Legislature has passed a new tax bill 28 establishing a new date for certifying City budgets and for holding 29 public hearings. Therefore, Resolution 89-025 will not be in effect. 30 Parkview Building Repairs 31 The September 21st memorandum from the Public Works Director was the 32 basis for the following motion. Councilmember Enrooth commented that 33 the project Mr. Hamer was recommending was intended to just get the 34 building through the winter and would cost much less than repairing the 35 entire roof. 36 Motion by Ranallo, seconded by Marks to accept the lowest bid of 37 $4 .250.00 from Air Conditioning Association, Inc for a new roof top • 5 1 air conditioning and heating unit over the Police Department and to seek • 2 quotes for the necessary repairs to the Parkview roof. 3 Motion carried unanimously. 4 UNFINISHED BUSINESS 5 Ordinance Licensing Haulers of Garbage, Refuse, Recyclables and Yard 6 Wastes Adopted 7 Motion by Ranallo, seconded by Enrooth to approve the third reading and 8 adopt Ordinance 1989-001. 9 ORDINANCE 1989-001 10 AN ORDINANCE RELATING TO THE LICENSING OF HAULERS OF 11 GARBAGE, REFUSE, RECYCLABLES AND YARD WASTE; AMENDING 12 SECTIONS 530 AND 510, AND REPEALING SECTION 1000. 15, 13 SUBD. 4, OF THE 1973 CODE OF ORDINANCES 14 Motion carried unanimously. 15 Evergreen Townhouses • 16 David Newman, Attorney for Nedegaard Construction Company, Inc. affirmed 17 that the construction company was assuming -the role-of- developer on the_ 18 townhouse project from Evergreen Development. The attorney introduced 19 Bruce Nedegaard, President of Nedegaard Construction and announced that 20 Norwest Bank would be purchasing the necessary notes for the project. 21 Mr. Soth reported the Redevelopment Agreement with the new developer 22 had been finalized with only a few exhibits to still be provided. He 23 reminded the Council that most of the other documents approving the 24 project had already gone through the required Planning Commission and 25 Council approval process with final execution awaiting the signing of 26 the Agreement. The City Attorney assured Councilmember Ranallo that as 27 long as he had not signed a final purchase agreement with the developers 28 for a townhome unit, there should be no problem with his voting on the 29 actions necessary to approve the project. 30 Mr. Nedegaard confirmed that further soil borings had revealed no 31 further soil corrections than those already approved for tax increment 32 financing for which his bank had agreed to purchase the notes. He 33 indicated he anticipated breaking ground for the project the following 34 Friday. Vern Holum, President of Evergreen Development, reported that 35 by not constructing basements under all the units closest to the 36 railroad tracks, the need for using Soo Line Railroad right-of-way had 37 been eliminated. • 6 01 Prospective unit purchasers, A. G. and Marie Rumpza along with several 2 other unidentified persons were present for the discussions. Mrs. 3 Rumpza indicated she and her husband had sold their home in St. Anthony 4 in anticipation of moving into one of these townhomes; moved to New 5 Brighton; and were looking forward to living in St. Anthony again. 6 The following actions could now be taken since a Redevelopment Agreement 7 for the project was ready for execution. 8 Zoning Chancre Ordinance 9 Motion by Marks, seconded by Enr.00th to approve the third reading and 10 adopt the ordinance which amends the City Zoning Map to change the use 11 district for the project property from R-1, single family residential 12 to R-3, townhouse residential . 13 ORDINANCE 1988-005 14 AN ORDINANCE AMENDING THE CITY ZONING MAP 15 Motion carried unanimously. 16 Redevelopment Plan for Tax Increment Financing 17 Motion by Marks, seconded by Makowske to adopt Resolution 89-026, 08 approving the Redevelopment Plan and Tax Increment Plan for the 9 Evergreen Townhome Project. 20 RESOLUTION 89-026 21 A RESOLUTION APPROVING REDEVELOPMENT 22 PLAN FOR REDEVELOPMENT PROJECT AREA NO. 2, RAMSEY COUNTY 23 AND THE REDEVELOPMENT PROJECT TO BE UNDERTAKEN PURSUANT THERETO 24 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING 25 DISTRICT NO. 2 , RAMSEY COUNTY, AND MAKING 26 FINDINGS WITH RESPECT THERETO 27 Motion carried unanimously. 28 Transfer of City Owned Parcel 29 Motion by Enrooth, seconded by Marks to adopt Resolution 89-027 , 30 transferring City owned land 'to the St. Anthony Housing Authority for 31 subsequent transfer to the developer for part of the Evergreen Townhome 32 Project. 33 RESOLUTION 89-027 34 A RESOLUTION APPROVING THE TRANSFER OF LAND 35 FROM THE CITY OF ST. ANTHONY TO THE ST. ANTHONY 0 7 1 HOUSING AND REDEVELOPMENT AUTHORITY AND • 2 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A DEED 3 Motion carried unanimously. 4 Final Plat 5 Motion by Marks, seconded by Ranallo to approve the Final Plat for the 6 Evergreen Townhome Project which was included in the September 26, 1989 7 Council agenda packet. 8 Motion carried unanimously. 9 ADJOURNMENT 10 Motion by Makowske, seconded by Ranallo to adjourn the Council meeting 11 at 9:00 P.M. for the St. Anthony Housing and Redevelopment Authority 12 meeting which followed immediately. 13 Motion carried unanimously. 14 Respectfully submitted, 15 Helen Crowe, Secretary 16 17 Mayor 18 ATTEST: 19 •City Clerk 20 21 • 8 . ain thAPPnOVAIL-:ou illa e � DATE : October 5, 1989 TO : Mayor and Councilmembers FROM : Judy Monson, License Clerk ITEM : LICENSE/PERMITS FOR COUNCIL 'APPROVAL: Heating: Blaine Heating, A/C & Elec . , Inc. , Anoka, MN. Comfort Mechincal Inc. , Golden Valley, MN. Rubbish Removal: BFI - St.- Paul, Inver Grove Heights, MN. C .I T Y . O F S T A N T H 0 N Y P/E 9/26/89 A C C O U N T S P A Y A B L E PAGE 1 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMOUNT 00035 ABBOTT NW HOSPITAL. R 9/26/89 18470 1 ,458 .97 00115 AMES PHOTO FINISH R 9/26/89 18471 13. 29 00236 AT & T R 9/26/89 18472 20.69. 00238 AT&T CREDIT CORP R 9/26/89 18473 296.88 00320 BEISSWENGER APPLIANCE R 9/26/89 18474 151.66 00558 CALGON CARBON CORP R 9/26/89 18475 39348.00 00625 COPY DUPL PRODUCTS R 9/26/8`9 18476 60.00 00715 LEEF BROS R 9/26/89 18477 3.66 00810 DICKSON ELECTRIC R 9/26/89 .18478 195.00 00812 DODO TECHNICA CORP R 9/26/89 18479 92 .01 00820 DORSEY + WHITNEY R 9/26/89 18480 3 ,351.96 00950 FIRESTONE TIRE CO R 9/26/89 18481 134..24 00967 FLAHERTY EQUIP CORP R 9/26/89 18482 8 .28 00,975 FLITTIE REDI MX INC R 9/26/89 1848.3 830.51 01030 G & K SERVICES R 9/26/89 18484 202.75 01145 GLENWOOD I NGLEWOOD R 9/26189 18485 68 .60 01155 GLIDDEN PAINT R 9/26/89 18486 159.46 01163 GLOBAL COMPUTER SUPPLIES R 9/26/89 .18487 27.87 01180 GOODIN COMPANY R 9/26/89 18488 15 .48 01250 GRAINGER INC. W W R 9/26/89 18489 252.52 0128.5 GRIFFIS OXYGEN R 9/26/89 18490 2.40 01.360 A & C SMALL ENGINE R 9/26/89 18491 20.97 01390 EDWARD J HANCE R 9/26/89' 18492 29400.00 01501 HENN COUNTY R 9126/89 18493 6.45 0154.5 HOOVER WHEEL ALIGNMENT R 9/26/89 18494 24.95 01601 INGMAN LAB R 9/26/849 18495 34.00 01680 J C AUTO SUPPLY R 9/26/89 18496 V O I D 01680 J C AUTO SUPPLY R 9/26/89 18497 210.79 01980 LEAGUE OF MN CITIES R 19/26/89 18498 203 .00 01981 LMCIT R 9/26/89 18499 14, 136. 72 02060 MB INDUSTRIAL SUPPLY CO R 9/26/89 18500 37.86 02100 MACQUEEN EQUIPMENT CO R 9/26/89 18501 20.25 02150 MARQUETTE BANK R 9/26189 18502 31.681. 25 02320 MINAR FORD INC R 9/26/89 18503 18.06 02380 MINNEGASCO :INC R 9/26/8'9 18504 36.00 02395 . M T I DIST CO R 9/26/89 18505 44.54 02520 NATIONAL MOWER CO :R 9/26/89 18506 14.55 02680 NORTHERN STATES POWER R '9/26/89 18507 10.80 02681 NSP R 9/26/89 18508 29057.98 02700 US WEST COMMUNICATIONS R 9/26/89 18509 788 .08 02820 PETTY CASH 'R 9/26/89 18510 32 .93 02980 PROFESSIONAL PROCESSING C R •9/26/89 18511 90.55 03050 RIEKE-CARROLL-MULLER R 9/26/819 18512 1.474.70 03080 ROLLINS OIL CO R 9/26/89 18513 7 ,990.00 - 03310 SEARS ROEBUCK + CO R 9/26/89 18514 . 187.06 03315 SERCO LABORATORIES R 9/26/89 18515 260.00 , 03355 SILVER LAKE CLINIC R 9/26/89 18516 113.50 • 03485. ST TREAS SURF PROP FUND R. 9/26/89 18517 7.3.75 03675 UNIVERSAL MEDICAL SERV R 9/26/89 18518 42.00- 03735 WASTE MGMT R 9/26/89 18519 210.00 C I T Y 0 E S T A N T H O N Y PIE 9/26/89 A C C O U N T S P A Y A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMOUNT 03820 ZAHL E®U.IPMENT CO R 9/26/89 18520 7 ,289.00 05017 HENN CO TREASURER R 9/26/89 18521 12.50 05029 CLEVELAND COTTON PRODUCTS R 9/26/89 18522 122.00 05033 LOWELLIS, R 9/25/89 18523 18 .72 05048 DPC INDUSTRIES INC R 9/26/89 18524 145.00 05196 BERRY BEARING CO R 9/26/89 18525 9.00 05232 MURPHY RADIATOR R 9/26/89 18526 52 .00 06601 JP COOKE CO R 9/26/89 18527 24.59 06610 MARIA MELBERG R 9/26/89 18528 15.00 066.11 JACKIE ZANDER R 9126/89 18529 50.00 06612 TOM ONO'FRIO R 9/26/89 18530 50.00 06613 BERGERSON-CASWELL INC R 9/26/89 18531 5t530.00 06614 HIGHWAY 55 RENTAL ;R 9/26/89 18 532 214.70 06615 REGINA AGENCY R 9/26/89 .18533 30.60 0,6616 DECKER SUPPLY CO R 9/26/89 .18534 122. 14 TYPE TOTAL 86,600 .22 TOTAL 86,600.22 C I T Y O F S T . A N T H O N Y P/E 9/30/89 - A C C 0 U N T S P A Y A B L E PAGE 1 OVENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMOUNT . 05282 TOWN E COUNTRY FOOD M 9/06/89 19461 42 .32 03155 ST ANTHONY_ EMPLOYEE FUND M 9/08/89 19462 239233.00 06608 SHERATON PHEONIX M 9/08/89 19463 109. 15 03160 ST ANTHONY NATIONAL BANK M 9/13/89 19464 270649.35 06609 EDGEWOOD COMMUNITY CENTER M 9/ 12/89 19465 40.00 00700 COMM OF .REVENUE OF MN M 9/13/89 19467 2,043.23 03160 ST ANTHONY NATIONAL BANK M 9113/89 19468 12 .340.26 01595 ICMA M 9/13/89 19,469 582.41 00055 AET NA L.I'FE INS CO M 9/ 13/ 89 19470 1, 703.32 02385 MINNESOTA MUTUAL LIFE INS M 9/13/89 19471 19096..01 03160 ST ANTHONY NATIONAL BANK M 9/.13/89 19472 2,654..12 03160 ST ANTHONY NATIONAL BANK M 9/ 13/89 19473 205. 02 02:3.30 MINNESOTA. BENEFIT M 9/13/89 19474 105.83 00110 NATIONAL FINANCIAL INS CO M 9/13/89 19475 57.60 01980 LEAGUE OF MN CITIES M 9/13/89 1'9476 265.31 00825 DENTICARE M 9/13/89 19477 69.00 00050 A F S C LOCAL 957 M 9/13/89 19478 180.00 02410 MINN TEAMSTER-LOCAL =320 ,m 9/13/89 19479 88.. 00 01630 INTL UNION OF OPR ENGR 49 M 9/I-3/89 19480 264.00 00670 CITY COUNTY CREDIT UNION M '9/13/89 1'1481 1 ,726.00 O00220 ANOKA CTY SUPPORT COLLECT M 9/13/89 19482 162.00 03502 SUE VAND ER HAYDEN M 9/14/89 19483 67.76 06617 HUTCHINSON TVT m 9/19/89 19484 95.00 06391 GARMENT GRAPHICS M 9119./89 19485 771. 75 02940 POSTMASTER M 9/19/89 19486 850.00 02240 METRO WASTE CONTROL M 9/20/89 19487 30..00 03505 SUNDLAND, ROBERT M 9/21/89 19486 143.89 02860 PFEIFFER , RICHARD M 9/22/89 19489 200.00 00650 CITY OF ST PAUL M 9/25/89 19490 93.75 0.1025 GC K SERVICES M 9/25/89 19491 57..68 02940 POSTMASTER M 9/26/89 19492 200.00 00742 CONNIE KR'OEPLIN M 9/26/89 19493 18 .00 06618 MPLS METRODOME HILTON M 9/27/89 19494 235.47 06619 SKIP' S AUTO BODY M '9/27/89 19495 600.00 05203 BEST COMPANY M 9/27/89 19496 89-.98 0.3160 ST ANTHONY NATIONAL BANK M 9/27/89 19497 289048.19 03160 ST ANTHONY NATIONAL BANK M 9/27/89 19498 4,943.36 00700 COMM OF REVENUE OF MN M 9x'27/89 19499 1,997$ .66 02840 PERA M 9127/89 19500 7 ,035. 10 01595 ICNIA M 9/27/89 19501 554.35 00055 AETNA LIFE INS CO M 9/27/89 19502 1 .703..32 02385 MINNESOTA -MUTUAL LIFE INS M 9/27/89 19503 1 ,096.01 03160 ST ANTHONY NATIONAL BANK M 9/27/89 19504 2967'9. 86 03160 ST ANTHONY NATIONAL BANK M 9/27/89 19505 164 .88 0:3690 UNITED WAY M 9/27/89 19506 88.00 03160 ST ANTHONY NATIONAL BANK M 9/27/89 19507 300..00 O00670 CITY COUNTY CREDIT UNION M' 9/27/89 19508 1 ,749-.00 00220 ANOKA CTY SUPPORT COLLECT M 9127/89 19509 162.00 01290 GROUP HEALTH PLAN M 9/27/ 89 19510 1,646.90 02850 PHYSICIANS HEALTH PLAN M 9/27/89 19.511 5,334.00 C I T Y O F S T A N T H O N Y P/E 9/30/89 A C C 0 U N -T S P A Y A B L E PAGE 2 • VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMOUNT 02185 MED-CENTER M 9/27/89 19512 97.85 00710 COMMERCIAL .L TFE INSURANCE M 9/27/89 19513 68.40 02930 PRUDENTIAL INSURANCE CO M 9/27/89 1.9514 42.60 02840 PERA M 9/27/89 19515 36.00 TYPE TOTAL 135.797.69 TOTAL 135 , 7'97.69 • • PAGE: 1 CUSTOMER COPY INUIL I�'Q������n�®�E�1f (CUD INVOICE 0011987-IN DISTRIBUTORS OF 6PETROLEUM HANDLING EQUIP%1,ENT AND INDUSTRIAL SUPPLIES 09/26/89 1 SPRING STREET N.E. - MINNEAPOLIS, MN 55413 PHONE: (612) 331 -8550 TE12 SALESPERSON CUSTOMER N0. MN WATS (800) 462-5336 �'"'"`°'""'"""`� W.O. #78768 CIT49 S CITY OF SAINT ANTHONY H CITY OF SAINT ANTHONY L 3301 SILVER LAKE ROAD 1 3301 SILVER LAKE ROAD D ST. ANTHONY MN 55418 P ST. ANTHONY MN 55418 T T O O CUSTOMER P.O. SHIP VIA F.O.B. TERMS 2297 DEL. DAN-JONES NET 30 INSTALLATION CHARGES FOR VEEDER ROOT AND RED JACKET MONITOR SYSTEM. 1 ..0 1 . 00 1 ,450. 00 1 , 450 . 00 • I I I I I NET INVOICE: 1 ,450.00 FREIGHT: .00 SALES 'TAX: ---------_00 • INVOICE TOTAL: 1 ,450.00 YOUR SITISFACTIO IS OUR GOAL! Errors subject to correction:claims for deductions on this bill must be made within ten days after receipt of goods. On receipt of bill of lading from transportation company,our responsibility ceases.We cannot be responsible for losses or delays resulting from embargoes, strikes,accidents,delays or negligence of transportation companies,or other causes beyond our control. Interest will be charged on all past due accounts. LAW OFFICES STATEMENT OF ACCOUNT 0 HANCE & LEVAHN M AINT ANTHONY NATIONAL BANK BUILDING,SUITE 200 DATE: October 1, 1989 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS,MINNESOTA 55418 PLEASE DETACH AND RETURN THIS Ms. Sue VanderHeyden PORTION WITH YOUR REMITTANCE. City Administrator City of Saint Anthony 3301 Silver Lake Road Saint Anthony, Minnesota 55418 (M) a AMOUNT REMITTED $ RE: Village Prosecutions DATE DESCRIPTION • $ 4,800.00 PAYMENTS Received $2,400.00 on 9-18-89 2,400.000R CREDITS.& ACCOUNT ADJUSTMENTS • UNPAID PREVIOUS BALANCE r ' FINANCE CHARGE PROFESSIONAL SERVICES 2,400.00 Legal services rendered for the month of October, 1989, relative to St. Anthony prosecutions. CURRENT FEES MINIMUM PAYMENT DUE $ .2 4100.0 Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than $1.00,with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN 360890 DORSEY & WHITNEY A PIRTMER11RIP IMI'LI:UIMY PRO/[M1I{l-L CORPYRITIOMR 2200 FIRST BANK PLACE EAST • MINNEAPOLIS, MINNESOTA 55402 (0121 840-'3000 (Internal Revenue Account No.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES September 30, 1989 . Ms . Susan L. VanderHeyden Acting City Manager City of St. Anthony 3301 Silver Lake Road St . Anthony, Minnesota 55418 Re: City of St. Anthony For legal services rendered from August 1, 1989 through August 31, 1989, including: Attendance at August 8, 1989 Council Meeting. $ 233 .20 Attendance at August 22, 1989 Council Meeting. $ 190 .80 • St . Anthony Boulevard Street Improvements : Matters re settlement agreement with Park Board. $ 106 .00 Liquor Operations: Letter to Dennis Cavanaugh; telephone conference with Dennis Cavanaugh re HVAC units; telephone conference with Ray Nelson; telephone conferences with Ray Nelson and Dennis Cavanaugh re heating, ventilating and air conditioning; telephone Ray Nelson re ventilation equipment for Apache; telephone Dennis Cavanaugh; dictate letter to Ray Nelson re HVAC costs; telephone conference with Ray Nelson re settlement with Apache. $ 307 . 40 Contract Termination Issues : Telephone conferences with Susan VanderHeyden and Reino Passo regarding discrimination charge; letter to Reino Passo; revise letter; review file; telephone conference with Susan VanderHeyden; review EEOC' charge. $ 220. 50 Review agenda materials and minutes; discussions with Acting City Manager. $ 212 .00 Total -Fees $1, 269 .90 Plus Disbursements (as per attached sheet) $ 44 . 65 • Total Fees and Disbursements $1,314.55 WRS/gle 615 178820:47,.56, 87, 88 Disbursements made for your account,for which bills have not yet been received,will appear on a later statement. } . aOilla thou e D ATE : A P PROV September 29,1989 '�f TO : Planning Commission Members FROM : Sue VanderHeyden Acting City Manager ITEM : HOLTEN, 2909 RANKIN ROAD, SETBACK VARIANCE REQUEST Mr. Bruce Holten, 2505-27th Avenue N.E. has -requested a setback variance to the St. Anthony zoning ordinance to allow a 22 foot front yard setback instead of the required 30 foot setback at 2909 Rankin Road. The variance request is for a total of- 8 feet. As evidenced by Mr. Holten's letter and diagram, a home would be difficult to place within the allowed setbacks on this property. Please refer to the attachments for additional information. There has been no contact with this office regarding the above issue. :cjk10.3.89 Date: cJ E P-r }7 ( 9 8cl Fee: (R-1. . . . . . . . . . . . . . . .$15.00 • Other. . . . . . . . . . . . .$25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: BQLIGE HoLTEN —� Phone: 781 - 4139 Address: 2565 2774A)6'. ALL ST: XA2/hoN 044IJ SS418 Status of applicant (owner, buyer, renter, agent, etc. ) : WA)FQ Street address and/or legal description of property petitioned for variance: 29n q R A,-,) rGi x-> TL Lo`C Zo Au.Q;fioR,s Gu ,k-,y*tSto„-.:> tJo3'72 9 Zoning district in which property is located: — Request: e) row} J daooi yAAS) bAcL VAPCIA%�C.S. LSEE ATTACHED LET-[ER) Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience,. should the applicable ordinance be strictly enforced. 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Signature of applicant • t: Hopefully with the explanation and data provided you can understand why this variance is essential . Sincerely, Bruce Holten Enclosures: 5 copies of Certificate Of Survey h. • • II � I ;I I i September 7, 1989 City of St. Anthony - 3301 Silver Lake Road St. Anthony,. MN 55418 re: Petition for variance for 2909 Rankin Road Dear Planning Commission and City Council ; Enclosed please find two copies of Certificate Of Survey for the above referenced property. One shows a 30 foot front yard set back which encroaches on the Old Highway 8 side set back. The other survey shows a 22 foot front yard set back which needs an 8 foot variance. I am running into what I consider an undue hardship because the shape of the property is making it very difficult to place a house on the property in an aesthetically pleasing manner. This lot has an unusual 8 foot step to the East that the other lots • along Rankin do not have. This must have had something to do with the Highway Easement at one time which I now understand is being deeded to the City. This 8 foot step is exactly what I need to make this lot work. Also the vacant lot to the North if they went with the 30 foot set back would align perfectly. It is quite obvious there is an undue hardship when you look at the actual size of the property (triangular) , then look at the actual area that can be built on with all the set backs drawn in. I live in St. Anthony now, I am a Volunteer Fireman currently on a leave of absence, my whole family is deeply involved in the Community. Prior to closing on this lot I went to City Hall and discussed this lot with then City Manager David Childs. We discussed various set backs, options, designs, etc, and he told me that because of the shape of the parcel an undue hardship case could be made. The only reason I mention a this is because I didn't want you to think Ijust blindly went ahead with i the purchase of this lot without investigating anything. CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE REQUEST 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 3 , 1989 at 7: 30 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of -considering: • Consideration of a request from Bruce Holten, 2505 - 27th Avenue N.E. , for a setback variance-to allow a twenty-two foot front yard setback from the required thirty foot setback (an eight foot variance) at 2909 Rankin Road. 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 Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20, 1989 MAILING LIST - 2909 RANKIN ROAD 10/89 t' HAROLD E. OLSON Thomas Gould Robert Markuson 3015 Rankin Road 3305 - 29th Avenue N.E. 2900 Rankin Road St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Re: 2930 Old Hwy. 8 Leonard A. Erickson Beverly Stafford Donald Makowske 2904 Rankin Road 3916 Penrod Lane 2919 Rankin Road St. Anthony, MN 55418 St. Anthony, MN 55418. St. Anthony, MN 55418 Re: 2911 Rankin Road David Nordby William Simon James Elmes 2921 Rankin Road 2916 Rankin Road 3308 East Gate Rd. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Brent Copp John T. Hegner 3304 East Gate Road 3305 East Gate Road St. Anthony, MN 55418 St. 'Anthony, MN 5.5418 • . ain 'hon illa e DATE : APP R OVAL : September 29 1989 'Co : Planning Commission Members F ROM : Sue VanderHeyden, "Acting City Manager 2 TEM : YARR, 3104 ARMOUR TERRACE, FENCE VARIANCE REQUEST Mr. and Mrs. Nicholas Yarr, 3104 Armour Terrace, - have requested a variance from the City ordinance, Section 340, pertaining to fences. The - attached letter and diagram illustrates that the privacy fence erected by the Yarr's in the back yard ranges from 6 feet to 6.9 feet, with the St. Anthony fence ordinance allowing for a fence 6 feet in height. In the front yard, the fence erected. by the Yarr's ranges from 6 feet to 6 .6 feet, with the fence ordinance allowing a fence only 4 feet in height. As you can see by the attached letters from Public Works Director Hamer, he had discussed the -violations with the Yarr's on numerous occasions, informing them that the .fence would have to be made to conform with the ordinance or a variance application made. Mr. Hamer will be present to answer any questions or clarify matters. In addition, a letter from Mr. and Mrs. Glotzbach, 3108 Armour Terrace, is also attached. For your information, the 10-1/2 foot high fence mentioned by the Yam's in their letter is located at 3100 Armour Terrace. This fence was in place before the existing fence ordinance was in effect, therefore the fence was grandfathered in. :cjk10. 3 .89 Date• -, �� Fee: • � (R-1 . . . . . . : . . 5.00 Other. . . . . . . . . .$25.00) CITY OF ST. ANTHONY 1� 1 PETITION FOR VARRIANCE Applicant: YQ�2t�1T� no, awl I J* C`'10`O 5 TA 0- Phone: Address: O r r _FerraCe �-�• MN. �a�-� Status of applicant (owner, buyer, renter, agent, etc. ) : �`'« ► �� Street address and/or legal description of property petitioned for variance: �5!C 4 Zoning district in which property is located: - � Request: 2t1C� 'Qr► C1�\C2 � L� 1 �C�11� '� Ct�UC�•1rC� IC�cI' Y (�iCkCt-Q �11 . Pursuant to Section 15, Subd. 5 , of the City, of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. yes 2) The purpose of the .proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Signature of applicant I ,VicfLas 'N. (Yavt 3104 c4zmouz 7e¢z.aca r 1(fnnea�olis, z-1(inizewta 55418 • August 21, 1989 TO ST.ANTHONY VILLAGE CITY COUNCIL We the homeowners at 3104 Armour Terrace are respectfully petitioning the City Council for: (1) A VARIANCE OF ONE FOOT (1 ft. ) fence height of Fence A & B (see diagram) FROM FRONT 'OF HOUSE TO REAR PROPERTY LIVE, FOR A CONSISTENCY OF A SEVEN (7) FOOT HEIGHT: AND: (2) A VARIANCE OF THRF.F (1) FEET PROM FRONT OF HOUSE SIX (6) FEET OUT TO THE STREET TO MAKE IT CONSISTENT WITH BACK The grade of the ground is not consistent thus variance in *height of fence is needed. The boards applied are six (6) feet, treated boards with air space underneath them needed to maintain lawn. Our 97-inch dining room picture window overlooks the neighbors garage and driveway. We have suffered undue hardship of having to have drapes drawn for practically 10 years due to unsightly junk stored by garage and various containers (up to 5-gallon ones) of open-top crank case oil. Our requests to remove this junk or move it to large empty lot owned by neighbor on their west side, has basically gone unheeded. (See photos) . 64E HAVE HAD A VERY GOOD RELATIONSHIP WITH OUR NEIGHBORS ALL THIS TIME, • basically because we were very amicable and patient. When neighbors were approached about the fence, they initially had no objections and approved our efforts. We have four pre-teen and teenage daughters attending our Village schools, and thus have greater need for enjoying the privacy and beauty of our backyard. We have removed old, large gnarled and mostly dead trunks of old bushes and cleaned up the yard plus put up an expensive fence. The height of this fence is not incongruous with surrounding structures, since neighbor to our west has a 102 foot high fence across their entire back yard and that of their empty lot. (See Photo) . We would appreciate this City Council's favorable consideration in granting us this variance, so that we may finish sodding grass and enjoy the beauty and serenity of our back yard. Respectfully yours, , �,`` DR. NICHOLAS N. YARR VALENTINA P. YARR CITY -OF ST. ANTHONY NOTICE OF HEARING VARIANCE REQUEST 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 3, 1989 at 7 :45 P.M. in the Council Chambers of the City .Hall, 3301 Silver Lake Road (enter northeast corner of the building) for -the purpose of considering: Consideration of a request from Valentina and Nicholas Yarr, • 3104 Armour Terrace, for a variance concerning privacy fence height at the same address. The variance request is for an additional foot (from six feet to seven feet) in the back yard and an additional three feet (from four feet to seven feet) in the front yard. 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 Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20, 1989 '3104 ARMOUR TERRACE DONALD GULLICKSON WALTER PAWLYSITYN DAVID BOARDWELL 3104-31ST AVENUE N.E. 3008-31ST AVENUE N.E. 3012-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 • ARTHUR J. VANSLOUN DANIEL KOPKA ALLEN ONG 3100-31ST AVENUE N.E. -'. 3108-31ST AVENUE N.E. 3112-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 RAUL CARETTA MR. & MRS. D. GOLDNER IVAR SLETTEMOEN 3200-31ST AVENUE N.E. 3025-31ST AVENUE N.E. 3027-31STAVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 FRANCIS W. ZEUG JAMES OSBORN JEAN M. KLOOS 3109=31ST AVENUE N.E. 3201-31ST AVENUE N.E. 3023-31ST AVENUE N.E. ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 MICHAEL ENGELMEYER FRANK PLASEK CHARLES J. GLOTZBACH 3200 ARMOUR.TERRACE 3112 ARMOUR TERRACE 3108 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 • GEORGE ZAHHOS HAROLD FROEHLICH JACK W. LOWER 3100 ARMOUR TERRACE 3016 ARMOUR TERRACE 3012 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 DONALD L. JOHNSON JOHN LUNDGREN CARL MARIHART 3008 ARMOUR TERRACE 3005 ARMOUR TERRACE 3101 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 H: A. JENSEN ELEANOR V. MURLOWSKI WILFRED A. WOHL 3105 ARMOUR TERRACE 3109 ARMOUR TERRACE 3113 ARMOUR TERRACE ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 ST. ANTHONY, MN 55418 WILLIAM HENRY 3201 ARMOUR TERRACE ST. ANTHONY, MN 55418 �/a C I C:� rA S r • C Caack ck 1 I-E%'N C C- �/qo OTTO ..sA 7 E i. 4 Li S 311-1 4T 111 -3oard) Aefnou�i E� ti2'j4 C E) A6 lz A P-17 . ain thon illa e Administrative O//ices 3301 Silver Lake Road, St Anthony, Minnesota 55418 (612) 789-8881 August 8 , 1989 Dr. Nicholas Yarr 3104 Armour Terrace St. Anthony, MN 55418 Dr. Yarr: Following our discussion regarding the finished side of the fence facing outward, I've discovered this regulation had not been approved as part of St. Anthony's "Fence Ordinance" . My letter of August 2nd should have listed the first two .items only. Please accept my apology. You do need to apply for a variance as to the height of the fence. Please completed the enclosed application and return it to me at City Hall. In addition, there will be a $15.00 fee and, the completed application must be received by August 30. 1989 to be considered at the September 19th Planning Commission meeting. Thank you and if you have any questions, please feel free to contact me. Sincerely, Larry Ham Public Works Director LH:cjk Enclosure Robert(Bob) Sundland Mayor Councilmembers Richard A Enrooth,Judy Makowske,George Marks,Clarence Ranallo . ain thon � illa e Administrative Offices 3301 Silver Lake Road, St Anthony, Minnesota 55418 (612) 789-8881 August 2, 1989 Dr. Nicholas Yarr 3104 Armour Terrace St. Anthony, MN 55418 Dr. Yarr: On several occasions you and I have discussed the fence you are constructing and the fact that there are code violations (you were given a copy of the ordinance pertaining to these • violations) . To recap those discussions: 1. The fence is not to exceed 6 feet in height, measuring from the ground level. Your fence is higher than 6 feet on both sides of your property. 2. The fence on the west side has been constructed past the front of the principle structure and therefore that portion of the fence must be no higher than 4 feet. Your fence is from 6 to 8 feet high. 3 . The ordinance states that the finished side of the fence must face outwardly. The finished side of the fence on the west side of your property faces inward to your own property. Ordinarily only one inspection needs to be done for fence construction. To this point, I have been to your home three times and have explained to you what is to be done to ' bring the fence into conformance with the City Codes. This is to, inform you that you will be issued a citation by the Police Department if these violations are not corrected by August 10, 1989. Robert(Bob) Sundland,Mayor Councilmembers Richard A Enrooth,Judy Makowske,George Marks,Clarence Ranallo Dr. Nicholas Yarr • August 2, 1989 Page 2 Please contact me as soon as the fence is brought into conformance. Thank you. Sincerely, C7��-rts2� Larry Hader Public Works Director LH:cjk • �.,, r.c rt ..�f'�"r( ice' .•:..'w� .,'�' mss--.`' ��.-�,�•,�_i �' - �� ;• -kJ, �w -•�: .��,_ � i. ' ��,: �� ,may' � _. 3108 Armour Terrace Mpls., Mn. 55418 September 18, 1989 To: St Anthony Village Planning Commission and St. Anthony Village Council From: Charles and Helen Glotzbach Subject: Violation of Village Ordinances on Fences We were sorry to learn to-day that the. Planning Commission will not meet tomorrow as originally planned--but will meet on October 3 when we are booked for a fall trip to New England and Canada. Please consider these brief statements as you take up the issue of the Yarr fences at your October 3 meeting: July 14 Mr. Yarr brought home 8 foot boards to build what he called a decorative screening wall near_ our property line. He would not consider a wall of lesser height, so Mrs. Glotzbach immediately phoned the St Anthony Village Administrative Office and was told that fences in the back must not be more than 6 feet tall. We gave this information to Mr. Yarr, but .he said'he would build the 8 foot screen, that he would not deal with us--and that he would do Whatever the city said he should do. By night he and a helper had built the fence 8 feet high and almost 18 feet long. He talked about the possibility of fencing his entire back yard. July 21 Mr, Yarr and his assistant cut one foot off the 8 foot fence. For over two months we have had a seven foot fence. It is very long (nearly 18 feet) and exteads clear to the ground. It is very much a wall instead of a decorative screen. End of July Mr. Yarr built a new 5 foot 5 inch section somewhat _tee_ perpendicular to the 18 foot section, connecting the original wall to his home. This new section was 7 feet tall--to match the 18 foot section. After two months the boards in the fence have shrunk in width and and have warped at the top and bottom-- probably because support cross- bars are too far from the top and bottom. RECOMMENDATION: We strongly recommend that the entire fence visible from our property conform to the Saint Anthony Village ordinances- concerning fences. We hope this fence will meet specifications at an early date. • FOOTNOTE: We note that Mr. Yarr also built a fence 6' 2" to 61 8^ tall on the Zahhos side of his yards and that the highest part (61 8") extends 8 feet beyond the front corner of the Yarr home (toward the street). This high fence in front of the house is unsightly from the street and blocks public view of nice evergreen trees. We understand Saint Anthony Village restricts front yard fences to four feet. Unless Mr. Zahhos feels differentlys we recommend the front yard fence meet Saint Anthony Village requirements. WdU4 4 acrd S"t .641004dewu wo -rWd"" 4 Sea,&e 942 Lowry Avenue N.E. Minneapolis, Minn. 55418 Phone(612) 781-3316 To: St. Anthony Planning Commission Atten: Larry Hammer Re : Fence Variance Request Mr. Nick Yarr 3104 Armour Terrace Dear Sirs; This is to inform you that I George Zahhos, 3100 Armour Terrace do vehemently oppose any variance of the building code governing Mr. Yarr' s fence abutting our property. Mr. Yarr has chosen to openly and flagrantly ignore the laws of St. Anthony and the orders of Larry Hammer. Mr. Yarr dug holes on our property without a building permit, without finding the property line and tried to pass off a stake, which was placed in the 15 ft. city easement area, as the property line. After he received the building permit and building restrictions governing building fences he proceeded to construct the fence ignoring all restrictions. The fence does not Meet the code. Mr. Yarr may claim his need to construct a fence due to pipes and oil bottles next to our garage! This fact is irrelevant to his request for a variance. The law states what can and can not be done. I have no objection to a fence that meets the building code of St. Anthony. Mr. Yarr constructed the fence in question after receiving a building permit - knowing full well the restrictions. Why is he allowed to request a variance now? Isn' t this a flagrant act of disobedience to our laws? Sincerely, i � .i I. �,Y�/-I ^fir_.� � � �'v�.� ,� k� 1l: . ain thon illa e DATE : APPROVAL : September 29 . 1989 TO : Planning Commission Members _ F ROM : Sue VanderHeyden, Acting City Manager T TEM : CLARK'S SUBMARINE SANDWICHES, 2922 PENTAGON DRIVE, CONDITIONAL USE REQUEST Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, has requested to place a drive-through service window on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center (where Nationwide Sewing Machine is presently located) . Approval of a conditional use permit is requested for a drive-through in a C, Commercial, district. In addition, the proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. The attached plan details the ingress and egress of. traffic low as well as parking availability. Public Works .Director Hamer has reviewed the plans and will be present for questions. In addition, the Clark's Group representatives will also be in attendance. No contact has been made to this office either for or, against this request. :cjk10. 3.89' Date: September 14, 1989 Fee: $100.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: Clark's Submarine Sandwiches Phone: 291-1374 Address: 417 University Ave. , St. Paul, MN 55103 Status of applicant (owner, buyer, renter, agent, etc. ) : Renter Street address and/or legal description of property in question: St. Anthony Shopping Center Highway 88 St. Anthony, MN zoning district in which property is located: C-Commercial Conditional use proposed: Drive-thru Service window Minnesota Statutes and City Ordinances require that the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, -using additional sheets, if • necessary. .1) The proposed conditional use is one of the conditional uses sRecifically listed for the zoning district in which it is to be located. Allowed previously within this zoning in the City. 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. Clark's drive-thru provides comfortable, convenient service to those customers not wanting to park and enter store, thereby reducing need for more parking and con- gestion, offering a more secure environment for evening shoppers. 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. Drive-thru windows are preferred by an ever increasing customer base offering safe, efficient service in an orderly convenient manner. J Signature of applicant: • A-C/ s s io n J a 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 3 , 1989 at 8:00 P.M. in the Council Chambers of the City Hall,, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: • Consideration of a request from Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, MN 55103 , for a conditional use permit to place a restaurant drive-through on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center. 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 Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20, 1989 • MAILING LIST - 2922 PENTAGON DRIVE 9/89 Eberhardt META Operating Partnership i 3250 W. 66th Street c/o Dan Tyson R. T. Johnson Meat Co. P.O. Box 1385 Young Quinlan Bldg. 2801 Kenzie Terrace Minneapolis, MN 55440 81 South 9th Street St. Anthony, MN 55418 Minneapolis, MN 55402 St. Anthony Unocal-76 Gary Zahrbock Joseph Schlunder 2812 Kenzie Terrace 2704 - 27th Ave. N.E. 2708 - 27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 E. M. Lantto Palmer Gunderson Nationwide Sewing Machine 2712 - 27th Ave. N.E. 2800 - 27th Ave. N.E. 2922 Pentagon Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony Mobil Town & Country Foods Walker Methodist 2616 Highway 88 2550 Highway 8 3737 Bryant Ave. S. St. Anthony, MN 55418 St. Antony, MN 55418 Minneapolis, MN 55409 Northgate 2526 Highway 88 • St. Anthony, MN 55409 I ain thou i fla e DATE : APPROVAL : Seiptember TO : Planning FROM : Sue VanderHeyden, Acting CitV Manager 2 TEM : CLARK'S SUBMARINE SANDWICHES, 2922 PENTAGON DRIVE, SIGN VARIANCE REQUEST Clark's Submarine Sandwiches, 417 University Avenue, St. Paul, has requested a sign variance for approval to place a drive-through sign on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center (where Nationwide Sewing Machine is presently located) . The proposed sign is 2.5 feet X 8 feet for a total of 20 square feet. The store front identification sign is proposed to be 39 square feet (3 feet X 13 feet) . The business will have a store frontage of 20 feet, therefore allowing them 40 square feet of signage according to the St. Anthony sign ordinance. The second sign requested would bring the total signage at Clark's to 59 square feet. In addition, a menu board has been included for concept review at this time. A future public hearing would be required to consider such a request. However, I felt it would be appropriate to review all proposed signs at this time. The menu board is proposed to be 2.5 X 5 feet, a total of 12.5 square feet. The inclusion of the menu board would bring the total signage for the Clark's Submarine Sandwiches business to 71. 5 square feet. No one has contacted this office either for or against the request for the first two signs. • :cjk10.3.89 • Date: September 14, 1989 Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: Clark's Submarine Sandwiches Phone: 291-1374 Address: 417 University Ave, St. Paul MN 55103 Status of applicant (owner, buyer, renter, agent, etc. ) : Renter Street address and/or legal description of property petitioned for variance: St. Anthony Shopping Center Highway 88 St. Anthony, MN Zoning district- in which property is located: C-Commercial Request: Sign Variance for drive-thru Minnesota Statutes and City Ordinances require that the following • conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. A Variance is needed only to identify the window as our service area. 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. It would be difficult for potential customer to find the service area without identification. 3 ) The conditions upon which the applications for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land- use classification. This location is uniquely suited to offering drive-thru service and convenience for our customers. Signature of applicant: 9 . /ems • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST 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 3, 1989 at 8:15 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the - purpose of considering: Consideration of a request from tlark's Submarine Sandwiches, 417 University Avenue, St. Paul, MN 55103 , for a sign variance • to place a drive-through sign on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center. The proposed sign is 9.75 square feet '( 1.5 x6.5) designating the business name and drive-through service. 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 Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin September 20., 1989 MAILING LIST - 2922 PENTAGON DRIVE 9/89 Eberhardt META Operating Partnership • 3250 W. 66th Street c/o Dan Tyson R. T. Johnson Meat Co. P.O. Box 1385 Young Quinlan Bldg. 2801 Kenzie Terrace Minneapolis, MN 55440 81 South 9th Street St. Anthony, MN 55418 Minneapolis, MN 55402 St. Anthony Unocal-76 Gary Zahrbock Joseph Schlunder 2812 Kenzie Terrace 2704 - 27th Ave. N.E. 2708 - 27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 E. M. Lantto Palmer Gunderson Nationwide Sewing Machine 2712 - 27th Ave. N.E. 2800 - 27th Ave. N.E. 2922 Pentagon Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony Mobil Town & Country Foods Walker Methodist 2616 Highway 88 2550 Highway 8 3737 Bryant Ave. S. St. Anthony, MN 55418 St. Antony, MN--' 55418 Minneapolis, MN 55409 Northgate - 2526 Highway 88 St. Anthony, MN 55409 LAW OFFICES - HAN C E Fd LE VAH N, LTD. FIRSTAR ST.ANTHONY BANK BUILDING, SUITE 200 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA SS418 TELEPHONE:(612) 781-4858 EDWARD J. HANCE • FACSIMILE:(612) 781-4858 EXT.210 LEGAL ASSISTANTS JOEL T. LEVAHN TERESA H. CRAVEN ALLEN R. DESMOND KATHRYN A. DAILEY • Civil Trial Specialist certified by the Minn...ta State Bar Aeeocietion September 20 , 1989 s. Susan VanderHeyden City Manager City of St. Anthony 3301 Silver Lake Road St. -Anthony, Minnesota 55418 Captain Richard Engstrom St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 • Chief Donald Hickerson St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Ladies and Gentlemen: Enclosed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court up to and including September 6 , 1989. Should you have any questions or comments, please contact me. Yours ver tr y, E NCE Enclosure EJH/kd ST. ANTHONY PROSECUTION ACTIVITY September 6 , 1989 HANCE & LEVAHN, LTD. Edward J. Hance Prosecuting Attorney Submitted By: Allen R. Desmond Assistant Prosecuting Attorney 2401 Lowry Avenue N.E. , Suite 200 Minneapolis, Minnesota 55418 Telephone: (612) 781-4858 A R R A I G N M E N T S - The Honorable Donald Burris DEFENDANT PLEA SENTENCE Allen, Jr. , Scott -Guy Charged with gross DWI, gross 108 alcohol concentration of . 10 or more within two hours ( .14) , aggravated DWI, and no insurance; Arraignment continued to September 20 , 1989 . Banister, Darryl Dwain Charged with revoked plates, . 108 DAS, no insurance, and expired registration; No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Chambers,' Scott Russell Charged with theft from business 113 , 119 and possession/concealment of stolen property; Arraignment continued to October 4 , 1989 . Dawson, Kurt Darryl Charged with gross DWI and gross 113 , 116 alcohol concentration of . 10 or more. within two hours ( .1-4) ; Pre-Trial/Probable cause hearing set for October 18 , 1989.. DeSutter, Michael Andrew Charged with theft by check ; Citizen's Complaint No appearance at September 6 , 1989 , arraignment; Bench warrant issued. . Garbeson, Rodney Paul Charged -with no insurance; 118 Arraignment continued to November 7 , 1989. Haney, Gerald Frank Charged with aggravated DWI and Thoemke, 113 , 116 DAR; No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Harvey, Daniel Gust Charged with DAS, no insurance, Jail 60 days, 60 days stayed one 10.8 and failure to display current year; On conditions of no same or license plates; Pled guilty to similar offenses for one year and no insurance charge; Other payment of $25.00 in court costs. charges Hockman, Bryan Keith Charged with owner allowing Fine - $100 .00 for each offense; 113 , 116 driver under the influence of Fines suspended. alcohol to operate- motor vehicle, illegal use of license plates, and owner allowing uninsured motor vehicle to be operated; Pled guilty to all charges. Hofmann, Timothy Bruce Charged with no insurance; Charge continued one year for 117 Charge continued one year for dismissal on conditions of no dismissal by Judge Burris insurance violations for one year and because Defendant has obtained payment of $50.00 in court costs. insurance coverage. Hofstra, Randall Jay Charged with two counts of 108 , 119 DAR and one count of no insurance; Arraignment continued until October 4 , 1989. Jappe, Reginald. Abraham Charged with DWI, alcohol Thoemke, 103, 116 concentration of . 10 or more within two hours ( .12) , and unreasonable acceleration; Pre-Trial set for October 18 , 1989. Jensen, Kurtis Lee Charged with aggravated DWI, Thoemke, 113 , 114 DWI, alcohol concentration of . 10 or more within two hours ( .17) , And. DAR; No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Johnson, Eric James Charged with no insurance; Charge continued one year for 114 Change continued one year dismissal on conditions of no for dismissal by Judge Burris insurance violations for one year and because Defendant has obtained payment of $50 .00 in court costs. insurance coverage. Rrutchen, David Raymond Charged with. no insurance, Charges continued one year for 108 defective exhaust, and failure dismissal on conditions of no to change address on driver 's insurance violations for one year and license; All charges continued payment of $50.00 in court costs. one year . for dismissal by Judge Burris, because Defendant has obtained insurance coverage, has fixed the exhaust problem, and has changed his address on his driver ' s license. Lane, George Henry Charged with speeding ; Court 116 trial set for October 4 , 1989 , at 2:OO p.m. Lindsey, David Allen Charged with DAS, no insurance, 117 and speeding ; Court trial set for October 4 , 1989 , at 2 :00 p.m. Martin, Jr. , Randolph Charged with speeding ; Pled Fine - $40 .00 . William guilty. 116 Maxey, Scott Douglas Charged with gross misdemeanor 108 , 117 giving false information to police officer and trespassing ; Pre-Trial set for September 20 , 1989 . McNamara, Brian Leo Charged with obstructing legal 113 , 116 process with force, DWI, alcohol concentration of . 10 or more within two. hours ( .15) , failure to signal left turn, and failure to obey traffic control device; Pre-Trial set for October 4 , 1989 . Mercier, Arthur Eugene Charged with DWI and alcohol Fine - $400.00 or 10 days, $400 .00 117 concentration of .10 or more stayed one year; Jail - 2 days, 2 within two hours ( .11) ; DWI days stayed one year; On conditions charge reduced to careless of no same or similar offenses for driving due to Defendant' s one year and completion of 120 hours low blood alcohol concentration of community service. reading ; Pled guilty to careless driving ; Other charge dismissed. Morrow, Joseph Jay Charged with DAR and no .insurance; 108 No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Naus, Arthur Richard Charged with owner allowing 118 driver under the influence to operate motor vehicle and owner allowing uninsured motor vehicle to be operated; No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Nordin, Allan Lee Charged with DAR and no insurance; 108 No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Paul, Charles Robert Charged with DWI and alcohol 116 concentration of . 10 or more within two hours ( .24) ; Pre-Trial set for October 18 , 1989 . Richard, Dennis Edward Charged with vagrancy and 113 , 114 misdemeanor giving false information to police officer Pre-Trial set for October 4 , 1989 . Rudick , Mary Elizabeth Charged with gross DWI and gross Fine - $500 .00 or 5 days, $500.00 113 , 116 alcohol concentration of . 10 stayed two years; Jail - 180 days, or more within two hours ( .12) ; 170 days stayed two years; On con- Pled guilty to gross alcohol ditions of no same or similar concentration of . 10 or more offenses for two years, completion within two hours; Other charge of 10 hours of community service, and dismissed. service of 10 days in jail. Russell, David Baker Charged with no insurance, Fine - $20 .00 . 116 failure to provide proof of insurance, and expired license plates; Pled guilty to expired license plates charge; Other charges dismissed as Defendant provided proof that his vehicle was insured on the date of the stop. Schmidt, Kelly Jo Charged with speeding; No (officer unknown) appearance at September 6 , 1989 , arraignment; Bench warrant issued. Schouweiler, Brian George Charged with no insurance and Fine - $25.00; No insurance charge 116 illegal use of license plate continued one year for dismissal on tabs; Pled guilty to illegal conditions of no insurance violations use of license plate tabs; for one year and payment of $50 .00 in No insurance violation continued court costs. one year for dismissal by Judge Burris because Defendant ihas obtained insurance coverage. Scroggins, Dennis Bernard Charged with DWI, DAR, and Jail - 90 days, 66 days stayed one 113 , 114 misdemeanor giving false year, credit for 24 days served on information to police; DWI both charges; On conditions of no charge amended to careless same or similar offenses, no alcohol- driving due to relatively related traffic offenses, and no benign driving conduct and drinking and driving for one year and no test; Pled guilty to Defendant following recommendations careless driving and DAR; of probation officer as to treatment Other charge dismissed. program. Smith, Russell Wayne Charged with fifth degree 108, 117 assault; Pre-Trial set for September 20 , 1989. Solvin, . Henning Melvern Charged with gross DWI, gross 108, 117 , 119 alcohol concentration of . 10 or more within two hours ( .12) , DAR, and no insurance; Arraignment continued to October 4 ,1989 . Sorrells, Jr. , Lonnie Lee Charged with DAS; Charge Charge continued one year for 117 continued one year for dismissal dismissal with no conditions as as Defendant had not received Defendant had already served 11 hours notice of his suspension because in jail. he had moved out of state. Thornton, Roy Charles Charged with DAS, no insurance, 108 failure to provide proof of insurance, illegal use of license plate tabs, and defective exhaust; No appearance at September 6 , 1989 , arraignment; Bench warrant issued. Tucker, Jodi Earlene Charged with no insurance Charge . continued one year for 116 and defective equipment; No dismissal on conditions of no insurance charge continued one insurance violations for one year and year for dismissal by Judge payment of $50.00 in court costs. Burris because Defendant has obtained insurance coverage; Other charge dismissed. Wilson, Jr. , Burton Luke Charged with gross misdemeanor 116 giving false information to police, DAR, no insurance, and failure to transfer title; No appearance at September 6 , 1989, arraignment; Bench warrant issued. Woods, Randyl Lee Charged with DAS and failure 118 to change address on driver' s license; No apperance at September 6 ,. 1989 , arraignment; Bench warrant issued. Zezulka, John Patrick Charged with gross DWI, Thoemke, 113 , 114 aggravated DWI, DAR, no insurance, and possession of marijuana in a motor vehicle; Pre-Trial set for October 18, 1989 . P R E - T R I A L S - The Honorable Donald Burris DEFENDANT PLEA SENTENCE Balega, Michael John Charged with DWI and alcohol 113 , 116 concentration of .10 or more within two hours ( .10) ; Jury Trial set for October 19 , 1989, at 9: 00 a.m. Bearden, Laurie Jean Charged with DAS, possession Jail - 10 days, 10 days stayed one 116 of marijuana in a motor vehicle, year; On conditions of no same or, and speeding; Pled guilty to similar and no drug-related offenses possession of marijuana in a for one year. motor vehicle; Other charges dismissed. Berthiaume, Angela Marie Charged with owner allowing Charge continued one year for 113 , 114 driver under the influence to ' dismissal on condition of payment of operate motor vehicle; Charge $100 .00 in court costs and no same continued one year for or similar offenses for one year. dismissal as Defendant had no prior record of this offense and the arresting officers concurred with this disposition. Brevig , David Allen Charged with no insurance 108 and defective exhaust; Pre-Trial continued to October 4 ,1989. Brinda, Timothy Peter Charged with disorderly conduct 108, 118 and trespassing ; Pre-Trial continued to September 20 , 1989. Farber, Kevin Ray Charged with disorderly conduct 115 and misdemeanor. giving false information to police, officer; No appearance at September 6 , 1989 , pre-trial; Bench warrant issued. Fein, Robert Alan Charged with no insurance and 114 failure to provide proof of insurance; No appearance at September 6 , 1989 , pre-trial; Bench warrant issued. Hoffman, 'Peter Paul Charged with failure to obey 113 stop sign; Court trial set for November 1 , 1989 , at 2 : 00 p.m. Magee, York Christian Charged with DAS; Pre-Trial 114 continued to September 20 , 1989 . McCullum, Charles Robert Charged with DWI and alcohol 113 , 116 concentration of . 10 or more within two hours ( .20) ; Jury Trial set for October 30 , 1989 , at 9:15 a.m. Olson, Ronald Bernard Charged with no insurance; Charge continued one year for 113 Charge continued one year for dismissal on conditions of no dismissal as Defendant 's girl- insurance violations for one year and friend was responsible for payment of $200 .00 in court costs. making the insurance payments and failed to make the payment which was due on October 7 , 1988; The vehicle was insured shortly thereafter and is insured at the present time. Reimer, Jr. , Richard John Charged with gross DWI; Jury 113 Trial set for November 16 , 1989, at 9 :15 a.m. Steiner, Geoffrey Thomas Charged with no insurance; Charge continued one year for 114 Charge continued one year for dismissal on condition of payment of dismissal as the Defendant had $100.00 in court costs. an insurance policy in effect on the date of the stop on a car he owns but not on his truck; The Defendant's insurance company had cancelled the insurance on the truck he was driving at the time of the stop, but the Defendant had not received notice of the cancellation because he was hospitalized at the time when the notice was sent out. Torkildson, Kari Jo Charged with DWI, DAS, and Fine - $300 .00 or 5 days, $200 .00 113 , 116 speeding ; DWI charge reduced stayed one year; Jail - 1 day, credit to careless driving due to for 1 day already served; On con- Defendant's good prior record ditions of no same or similar and no test; Pled guilty to offenses for one year and Defendant careless driving ; Other charges following recommendations of proba- dismissed. tion officer as to treatment program. Zgutowicz , Robert Eugene Charged with DWI and alcohol Fine - $500 .00 or 10 days, $400 .00 116 concentration of .10 or more stayed one year; Jail - 2 days; On within two hours ( .19) ; Pled conditions of no same or similar guilty to alcohol concentration offenses for one year, completion of of . 10 or more within two two day jail sentence, payment of hours charge; Other charge $100 .00 fine, and completion of dismissed. Operation Foresight. i • • C 0 U R T T R I A L S - The Honorable Donald Burris DEFENDANT PLEA SENTENCE Amelotte, Ona Charged with no insurance; Fine - $240.00 or 5 days, $200.00 113 , 118 Charge amended to misdemeanor stayed one year. speeding because Defendant produced some evidence that she was insured on, the date of the stop and because the arresting officer concurred with this disposition; Pled guilty to misdemeanor speeding. Kaczor, John Charles Charged with speeding; Charge Charge continued one year for 117 continued for dismissal by dismissal on condition of no same or Judge Burris after trial. similar offenses for one year. Nelson, Ronette Sue Charged with operating motor Charge continued one year for 118 vehicle without valid driver 's dismissal on conditions of no same or license; Charge continued for similar offenses for one year and dismissal for one year; payment of $200.00 in court costs. Arresting officer concurred with this disposition. Saher, Namath Raker Charged with speeding; No 114 appearance at September 6 , 1989 , court trial; Bench warrant issued. M I S C E L L A N E O U S DEFENDANT PLEA SENTENCE Boudreau, Kenneth James Charged with no insurance Fine - $55.00; Jail - 10 days, 10 116 and expired license plate days stayed one year; On conditions tabs; Pled guilty to no of no driver 's license or insurance insurance charge on August 21 , violations for one year. 1989, before The Honorable Phillip Bush; Other charge dismissed. Lancette, Michael Thomas Charged with no insurance and 116 DAR; Defendant was arraigned on August 16 , 1989 , before The Honorable Stephen Swanson where he pled guilty to the DAR charge; The no insurance charge was dismissed; Sentencing was to occur on August 25 , 1989; Defendant failed to appear on that date for sentencing and a bench warrant was issued. Minor, Shirley Ann Charged with gross misdemeanor Jail - 180 days, 162 days stayed two a/k/a Soverns, Shirley Ann theft by check ; Pled guilty on years, credit for 18 days already 113 August 25 , 1989 , before The served; On conditions of no same or Honorable Stephen Lange. similar offenses for two years and Defendant making restitution to victim. C O M P L A I N .T S DEFENDANT OFFICER CHARGE Allen, Jr. , Steven Guy Chief Donald Hickerson Charged with gross DWI, gross alcohol Officer John MacQueen concentration of . 10 or more within two hours ( .14) , aggravated DWI, and operating motor vehicle without required insurance. Beavens, John William Officer William Ferguson Charged with driving after revocation, expired registration, and operating motor vehicle without headlights illuminated. Bordwell, Matthew David Officer John Ohl Charged with violation of motorcycle permit. Dangelo, Brian Thomas Officer Todd Johnson Charged with operating motor vehicle without required insurance. Foster, Constance Sharon Officer John MacQueen Charged with possession of hypodermic needles and syringles and illegal use of original prescription container and contents. Kemp, Shari Lynn Captain Richard Engstrom Charged with gross DWI and refusal to Officer John MacQueen submit to testing. Maxey, Scott Douglas Chief Donald Hickerson Charged with gross misdemeanor giving Officer Timothy Briski false information to police officer and trespassing . Payne, Christopher Andrew Officer Jeffrey Scholl Charged with leaving the scene of an accident. Rod, Vicki Marie Officer John Ohl Charged with operating motor vehicle without required insurance and failure to have proof of insurance in possession and produce proof of insurance coverage within seven days. Wakefield, James Paul Officer John Ohl Charged with operating motor vehicle without required insurance and expired registration. Westcott, Tracey Lee Captain Richard Engstrom Charged with gross misdemeanor giving Officer John MacQueen false information to police officer, driving after suspension, and operating motor vehicle without required insurance. LAW OFFICES HAN C E G LE VAH N, LTD. • FIRSTAR ST.ANTHONY BANK BUILDING, SUITE 200 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA 55418 TELEPHONE:(612) 781-4858 EDWARD J. HANCE + FACSIMILE:(612) 781-4858 EXT. 210 LEGAL ASSISTANTS JOEL T. LEVAHN TERESA H. CRAVEN ALLEN R. DESMOND KATHRYN A. DAILEY Civil Trial Specialist certified by the Minnesota State Bar Association September 22 , 1989 s. Susan VanderHeyden City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Captain Richard Engstrom St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Chief Donald Hickerson St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Ladies and Gentlemen: Enclosed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court up to and including September 20 , 1989. Should you have any questions or comments, please contact me. Yours Z Enclosure EJH/kd • ST:. ANTHONY :PROSECUTION "ACTIVITY September 20 , 1989 HANCE & LEVAHN, LTD. Edward J. Hance Prosecuting Attorney Submitted By: Allen R. Desmond Assistant Prosecuting Attorney 2401 Lowry Avenue N.E. , Suite 200 Minneapolis, Minnesota 55418 Telephone: (612) 781-4858 A R R A I G N M E N T S - The Honorable George Adzick DEFENDANT CHARGE/PLEA SENTENCE Allen, Steven Guy . Charged with gross DWI, gross 108 alcohol concentration of . 10 or more within two hours ( .14) , aggravated DWI, and operating motor vehicle without required insurance; Pre-Trial set for October 4 , 1989. Buskirk , David Robert Charged with gross DWI, gross 103 , 113 alcohol concentration of .10 or more within two hours ( .18) , aggravated DWI, and DAR; Pre-Trial set for November 1 , 1989. Calhoun, James Christopher Charged with DAS; Pled Fine - $300 .00 , $200 .00 stayed one 118 guilty. year; On condition of no same or similar offenses for one year. Carroll, Bruce Edwin Charged with speeding ; 119 Arraignment continued to October 4 , 1989. Casey, Vicky Jean Charged with operating motor Fine - $75.00 . 108 vehicle without valid driver ' s .license; Pled guilty. Chenault, Vera Helen Charged with DWI and alcohol 103 , 119 concentration of . 10 or more within two hours ( .22) ; Pre-Trial set for October 18 , 1989. Coffield, Alan Eugene Charged with gross DWI, gross 108 alcohol concentration of .10 or more within two hours ( .16) , and DAS; Arraignment continued to October 4 , 1989 . DeBoer, David Alan Charged with gross DWI, aggravated 114 , 116 DWI , DAR, misdemeanor giving false information to police officer, and possession of marijuana in a motor vehicle; No appearance at September 20 , 1989 , arraignment; Bench warrant issued. Deeth, Jeffrey Lee Charged with operating motor Charge continued one year for 114 vehicle without required dismissal on conditions of no same or insurance; Charge continued for similar offenses for one year and dismissal as Defendant thought payment of $25 .00 in court costs. the motorcycle was insured as his girlfriend had contacted her agent on July 1 , 1989, and left a message on her agent's answering machine to include the motorcycle on her policy; The Defendant and his girlfriend were unaware that the insurance agent was on vacation until July 5 , 1989, and, therefore, did not know that the vehicle was not insured until that date; The City Prosecutor received a letter from the insurance agent verifying these facts. Downing , Jeffrey Charged with DAS, operating motor 117 vehicle without required insurance, and no endorsement to operate motorcycle; No appearance at September 20 , 1989 , arraignment; Bench warrant issued. Edstrom, John Wesley Charged with tampering with 108 , 113 , 114 , 117 , 118 motor vehicle, lurking with intent to commit crime, DAS, operating motor vehicle without required insurance, possession of marijuana in a motor vehicle, and possession of drug paraphernalia; Pre-Trial set for October 18, 1989 . Fairbanks, Richard Dale Charged with operating motor 114 vehicle without required insurance, failure to provide proof of insurance coverage within seven days, and speeding ; No appearance at September 20 , 1989 , arraignment; Bench warrant issued. Falk , Robert Joseph Charged with gross DWI; 117 No appearance at September 20 , 1989 , arraignment; Bench warrant issued. Gustafson, Keith Francis Charged with gross DWI and 116 , 118 gross alcohol concentration of . 10 or more within two hours ( .19) ; Arraignment continued to October 4 , 1989 . Raeder, Marilee Terese Charged with DWI and alcohol 103 , 108 , 119 concentration of . 10 or more within two hours ( .15) ; Formal complaint requested to be issued by October 18 , 1989. Kerkow, Gary Raymond Charged with aiding/abetting Fine - $75.00. 108 prohibited person in operation of motor vehicle; Pled guilty. Lemon, Michael Dean Charged with DAR, operating 108 motor vehicle without required insurance, and failure to provide proof of insurance coverage within seven days; Arraignment continued to October 4 , 1989 . LeVasseur, Jeffrey Arthur Charged with misdemeanor giving 113 false information to a police officer, .DAR, and speeding ; No appearance at September 20 , 1989, arraignment; Bench warrant issued. Lynch, Danne Nathan Charged with DAR and no endorsement 108 to operate motorcycle; No appearance at September 20 , 1989 , arraignment; Bench warrant issued. Morales-Mayfield Kathy Ann Charged with DAR and defective Fine - $300 .00 , $150 .00 stayed one 108 headlights; Pled guilty to DAR; year; On condition of no same or Other charge dismissed. similar offenses for one year. Olson, Michael LeRoy Charged with operating motor 113 vehicle without required insurance, revoked license plates, and possession of marijuana in a motor vehicle; Pre-Trial set for November 1 , 1989. Paulson, Tina Marie Charged with DWI and alcohol Fine - $250 .00; Jail - 30 days, 28 108 concentration of . 10 or more days stayed one year; On conditions within two hours ( .11) ; DWI of no same or similar offenses and no charge amended to careless alcohol-related traffic offenses for driving due to Defendant' s low one year and Defendant following blood alcohol concentration recommendations of probation officer reading and good prior record; as to treatment program. Pled guilty to careless driving; Other charge dismissed. Pingree, Todd Allen Charged with illegal use of Fine - $300.00 , $200 .00 stayed one 113 , 119 license plates and operating year; On condition of no same or motor vehicle without required similar offenses for one year. insurance; Pled guilty to illegal use of license plates; Other charge dismissed. Rean, Richard Rex Charged with shoplifting; 108 No appearance at September 20 , 1989, arraignment; Bench warrant issued. Schneider , Jami Sue Charged with operating motor Fine - $300 .00 , $200 .00 stayed one 114 vehicle without required year; On condition of no same or insurance and expired registrar similar offenses for one year. tion; Pled guilty to operating motor vehicle without required insurance; Other charge dismissed. Schwender , Jacqueline Ann Charged with operating motor Fine - $300 .00 , $200 .00 stayed one 108 vehicle without required year; On condition of no same or insurance, failure to provide similar offenses for one year. proof of insurance coverage within 14 days, failure to transfer title, and wearing headphones while operating motor vehicle; Pled guilty to operating motor vehicle without required insurance; Other charges dismissed. Staples, Kevin Thomas Charged with operating motor 114 vehicle without required insurance, failure to provide proof of insurance coverage within seven days, and speeding ; Operating motor vehicle without required insurance charge and failure to provide proof of insurance charge dismissed as Defendant produced proof that his vehicle was covered on the date of the stop; Also, Defendant attempted to provide proof of insurance coverage, but the documentation he received from his insurance company contained numerous errors, including incorrect dates of coverage; Defendant paid the fine on the speeding citation prior to the arraignment date. Stearns, Donald Paul Charged with gross DWI, aggravated 118 DWI, and open bottle, No appearance at September 20 , 1989 , arraignment; Bench warrant issued. Stout, John Anthony Charged with DWI and alcohol 114 concentration of . 10 or more within two hours ( .10) ; Pre-Trial set for October 18 , 1989. Varholdt, Tammy Dee Charged with DWI, alcohol Fine - $250.00; Jail - 30 days, 30 Thoemke, 119 concentration of . 10 or more days stayed one year; On conditions within two hours ( .13) , and of no alcohol-related traffic speeding; Pled guilty to offenses for one year, completion of alcohol concentration of . 10 40 hours of community service, and or more within two hours; Other Defendant following recommendations charges dismissed. of probation officer as to treatment program. Victor, Harold Thomas Charged with vagrancy and 114 lurking with intent to commit crime; Pre-Trial set for October 18, 1989. Weiss, James Russell Charged with operating motor Fine - $100.00 on each offense. 108 vehicle without required insurance, illegal use of another vehicle 's license plate tabs, and operating unregistered motor vehicle; Pled guilty to operating a motor vehicle without the required insurance and operating unregistered motor vehicle charges; Other charge dismissed. White, Rim Marie Charged with operating motor 113 vehicle without required insurance, failure to transfer title, and expired registration; Arraignment continued to October 4 , 1989. Wood, Tony John Charged with gross DWI, gross Thoemke, 108, 118 alcohol concentration of . 10 or more within two hours ( .24) , aggravated DWI, and DAR; Arraignment continued to October 4 , 1989. Zimmerman, Christopher Charged with fifth degree assault; Bryan Pre-Trial set for October 4 , 1989 . Thoemke, 103 ,117 , 119 Zytkovicz , Karen Marie Charged with expired license Charges continued one year for 108 plates, DAS, and operating motor dismissal on condition of no same or vehicle without required similar offenses for one year and insurance; All charges continued payment of $100 .00 in court costs. one year for dismissal as Defendant had received notice that she was suspended, but the suspension was in error and has been rescinded; Further, Defendant purchased her vehicle one day prior to the date of offense and had called her insurance agent that day requesting immediate coverage; She was assured that her insurance coverage was effective that day. P R E - T R I A L S - The Honorable George Adzick DEFENDANT CHARGE/PLEA SENTENCE Bart, William Joseph Charged with aggravated DWI, Fine - $250 .00; Jail - 100 days, 90 118 DWI, and disorderly conduct; days stayed two years; On conditions Pled guilty to aggravated of no same or similar offenses and no DWI; Other charges dismissed. alcohol-related traffic offenses for two years and Defendant following recommendations of probation officer as to treatment program. Bogart, Thomas Clayton Charged with operating motor 114 vehicle without required insurance; Pre-Trial continued 'to November 1, 1989. Brinda, Timothy Peter Charged with disorderly conduct Fine - $300 .00 , $200 .00 stayed one 108, 118 and trespassing ; Pled guilty year; Jail - 5 days, 5 days stayed to disorderly conduct; Other one year; On condition of no same or charge dismissed. similar offenses for one year. Eichorn, Timothy Joseph Charged with DWI and alcohol Fine - $250 .00; Jail - 30 days, 30 118 concentration of . 10 or more days stayed one year; On conditions within two hours ( .16) ; Pled of no same or similar offenses and no guilty to alcohol concentration alcohol-related traffic offenses for of .10 or more within two one year and completion of 40 hours hours charge; Other charge of community service within 120 days. dismissed. Isaak , Allen Gene Charged with disorderly Stay of imposition of sentence 116 conduct; Pled guilty. under M.S.A. §609.135 for one year with dismissal at that time on con- ditions of Defendant' s continued treatment at 3Rs program and Defendant following any recommen- dations as to continuance of after- care program or attendance at AA meetings. Lanigan, David Michael Charged with DWI and 108, 119 alcohol concentration of . 10 or more within two hours ( .14) ; Jury Trial set for November 2 , 1989 , at 9 :00 a.m. Magee, York Christian Charged with DAS; Charge. Charge continued one year for 114 continued one year for dismissal dismissal on conditions of payment of as Defendant provided proof $50.00 in court costs and no same or that his license should not similar offenses for one year. have been under suspension because he paid the unpaid fines, which had prompted the suspension, on January 13 , 1989. Maxey, Scott Douglas Charged with gross misdemeanor Engstrom, 108 , 117 giving false information to police officer and trespassing; Pre-Trial continued to October 4 , 1989. Morrison, Joel Dondi Charged with gross misdemeanor 114 giving false information to police officer, DAR, operating motor vehicle without required insurance, and failure to transfer title; Pre-Trial continued to October 4 , 1989. Scalzo, Dino Lawrence Charged with operating motor 108 vehicle without required insurance, no endorsement to operate motorcycle, DAS, and speeding; Pre-Trial continued to November 1 , 1989. Scherber, Nathan James Charged with DAR and operating 114 , 116 motor vehicle without required insurance; No appearance at September 20 , 1989, pre-trial; Bench warrant issued. Smith, Russell Wayne Charged with fifth degree Stay of imposition of sentence under 108 , 117 assault; Pled guilty. M.S.A. 9609.135 for one year with dismissal at that time on conditions of Defendant not contacting the vic- tim and Defendant following the recommendations of his probation officer as to a treatment program. Winter, Scott Allen Charged with operating motor Jail - 10 days, 10 days stayed one 108 vehicle without required year; On conditions of no same or insurance, failure to provide similar offenses for one year, proof of insurance coverage completion of chemical dependency within 7 days, and defective treatment program at St. Mary's equipment on May 6 , 1989 ; No Hospital, and Defendant following insurance charge amended to recommendations of probation operating a motor vehicle officer as to further treatment without a valid driver ' s programs. license; Pled guilty to operating a motor vehicle without a valid license; Other charges dismissed. Winter, Scott Allen Charged with obstructing legal Jail - 15 days, 15 days stayed one 117 , 118 process and vagrancy on year; On conditions of no same or June 28 , 1989; Obstructing similar offenses for one year, legal process charge amended completion of chemical dependency to disorderly conduct; Pled treatment program at St. Mary's guilty to disorderly conduct; Hospital, and Defendant following Other charge dismissed. recommendations of probation officer as to further treatment programs. Winter , Scott Allen Charged with gross misdemeanor Jail - 10 days, 3 days credit for Thoemke, 103 , 113 making terroristic threats and time already served. possession of a dangerous weapon on July 16 , 1989; Pled guilty to possession of a dangerous weapon charge; Other charge dismissed. J U R Y T R I A L S DEFENDANT CHARGE/PLEA SENTENCE Shaw, Christopher Michael Charged with gross DWI and Fine - $1,000.00, $700.00 stayed two 114 , 117 gross alcohol concentration of years; Jail - 365 days, 335 days .10 or more within two hours stayed two years, credit for 20 days ( .14) ; Pled guilty to gross already served; On conditions of no misdemeanor alcohol concentra- alcohol-related traffic offenses and tion of . 10 or more within no use of alcohol or mood altering two hours charge on chemicals for two years, and atten- September 14 , 1989 , before The dance at weekly AA meetings. Honorable Michael J. Davis; Sentencing took place on September 15 , 1989 , before The Honorable Eugene J. Farrell. C O M P L A I N T S DEFENDANT COMPLAINANT/OFFICER CHARGE Benham, Eric Joseph Officer Timothy Briski Charged with trespassing. Benjamin, Robert Mitchell Officer Jeffrey Scholl Charged with operating motor vehicle without required insurance, failure to produce proof of insurance coverage within 14 days, failure to change address on driver ' s license, defective tail light, and license plate not illuminated. Borgan, Ronald. William Chief Donald Hickerson Charged with gross DWI and gross Officer John Ohl alcohol concentration as measured within two hours of the time of driving of . 10 or more ( .10) . Depesa, Jimmy Gene Officer Timothy Briski Charged with owner allowing uninsured motor vehicle to be operated and failure to transfer title of motor vehicle. Diaz , Michael Angelo Officer Timothy Briski Charged with trespassing. Fritze, Lyle Gerald Captain Richard Engstrom Charged with gross DWI and gross Officer Dominic Cotroneo alcohol concentration as measured within two hours of the time of driving of . 10 or more ( .11) . George, Mary Catherine Captain Richard Engstrom Charged with theft of cash of more Officer Dominic Cotroneo than $200 .00 but not more than $500.00. Hansen, Jr. , Dean Lewis Citizen's Complaint Charged with issuance of worthless checks. Hanson, Terry Lee Officer Timothy Briski Charged with operating motor vehicle without required insurance, failure to produce proof of insurance coverage within 14 days, and defec- tive headlight. Johnson, Clarence Citizen's Complaint Charged with issuance of worthless checks. Johnson, Raymond Roger Officer John MacQueen Charged with operating motor vehicle without required insurance, failure to produce proof of insurance coverage within 14 days, and defec- tive exhaust. Larson, Eva Joan Citizen's Complaint Charged with issuance of worthless checks. Mussehl, Jason Michael Officer John MacQueen Charged with operating motor vehicle without required insurance and failure to produce proof of insurance coverage within 14 days. Schmid, Scott Glenn Officer John MacQueen Charged with operating motor vehicle without required insurance, failure to produce proof of insurance coverage within 14 days, expired dri- ver ' s license, and expired registration. Shannon, Erikka Citizen' s Complaint Charged with issuance of worthless Kathrn Teschn checks. Squires, Christopher James Officer William Ferguson Charged with leaving the scene of an accident. Stanley, Robin Lyn Citizen's Complaint Charged with issuance of worthless checks. Zeller , Debra Lynn Officer John MacQueen Charged with operating motor vehicle without required insurance and. failure to produce proof of insurance coverage within 14 days. Zimmerman, John Eric Captain Richard Engstrom Charged with gross DWI, gross alcohol Officer Dominic Cotroneo concentration as measured within two hours of the time of driving of .10 or more ( .19) , and aggravated DWI. 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ANWONY FIllr DEPARTTI"TIT MONTHLY REPOI:T CoHpWN ENb 11 , IZ Z. �-e� 1! -- s r- 1Gs9 Pt„• U1!''E TI!1[: LOCATIO14 LOSS REMARKS AT FIRST PECI,%L COttPAN FIRES AID DUTY IKSPT �O• HRS 11AIN HRS IMIN HRS MIN HRS mr 59� �-IF /930 3303 -33/x'4 s�2 5-Iq Ion SPf,L oun(I S 5�3 + -Iq Il`tS 3718 IhACa�-AS7 n2 OB=Vd 7FvX S�`( �-lq 13343 2,6Z Ic�NW -t'Lq2P- 3 .s col C,14OJVD Zv 5ti$ �-ZI 1 ` 30 OW4 CASA S�i9 cl- ZI lq"cl 3.335 ljEL0a l Oe. m6J1CAt— PJTWAlm- 6,-tW1nl6 ZU Fie-s (:g3 LAS 1900 330” 3 W/I UC- � ^ ��. 30 ST. ANTNONY FIRE DEPARTII"I7T MONTHLY REPORT COMPANY �� 11„il ZI er- ll LOCATIO14 LOSS RFMARKS AT FIRST SPECIAL COtlPAN Ri,:: . U.'!TE TI!tf: FIRES AID DUTY INSPT. .:0. HRS Imm [IRS Itim HRS IMIN HRS M I ss - Z bo G- L6 owi- 33"o3 96 Lb �(Eb�C l - '. t - to l ao C JCL _ �✓nt11i: C > (III _ (-)-Z7 loS9 N4 z Cfl �P. F F� - nw-rurt- on 1) 15 b I Z Z6a� -3o(� M - R L. 3 q-27 3,p STiNso4 e3 & coo ► k , / C&26L - - - yo C v8op j cJC_ ' Z I Sts I A LZ( G-30 cc)-It 3?ob 17oS5 �o . 3� _ ^n�c01CKL PN&"n ,5f\f/ F Z(o q- 30 24OD-37t� mc- ►Jt_ y SALES SUMMARY SEPTEMBER 1989 Store One Store Two Combined On Sale Off Sale On Sale Off Sale Sales - Sept. '89 303,423.04 . 62,673.70 110,113.01 11,016.29 119,620.04 Sales - Sept. '88 306,267.85 59,538.33 109,291.21 15,034.61 122,403.70 Increase $ 2,844.81* 3,135.37 821.80 4,018.32* 2,783.66* Increase . , % 0.93%* 5.26% 0.75% 26.72$* 2.27%* Sales - 9 Mos: '89 2,714,825.22 530,630.62 967,150.22 118,583.83 1,098,460.55 Sales - 9 Mos. '88 2,718,183.92 538,119.30 930,886.00 139,987.97 1,109,190.65 Increase $ 3,358.70* 7,488.68* 36,264.22 21,404.14* 10,730.10* Increase % 0.12%* 1.39%* 3.90% 15.29%* 0.97%* j * Decrease i I • STAFF MEETING NOTES OCTOBER 3, 1989 The- meeting began at 10:10 a.m. Those present were Larry Hamer, Don Hickerson, Ray Nelson, Lee Entner, Connie Kroeplin, and Sue VanderHeyden. Don Hickerson 1. Chief Hickerson. expects the re-lettering on the squads to be completed today. 2. The recent Neighborhood Crime Watch meeting held by Apache Court residents was one of the largest attended in the Village. Ray Nelson 1 . KSTP-TV will be filming a promotional spot for the Timberwolves tonight at the Stonehouse. 2 . Work at the Apache Wells has had some delays, but is • progressing nicely now. Larry Hamer 1. An engineering firm from the MPCA has installed a monitoring device on the easterly side of the Kenzington and has not found groundwater contamination in that area. 2 . Jim Brost, who had back surgery, will return to work in 3 or 4 weeks. 3. The aerial unit is ready and tree trimming will be done throughout the Village until it snows. The streets will be swept as needed. 4. The new Evergreen owner, Nedegaard Construction, expects the project to be completed by December, 1990. 5. A new leaf recycling unit has been ordered. The leaves will need to be hauled away at a cost of $95/hour. It takes about two hours each time the leaves are hauled away. 6. Specifications for new iron removal filters are - being prepared. 7. The sprinkling ban has been lifted. 2 Lee Entner 1. An Open House on October 12th is being planned in conjunction with Fire Prevention Week (October 8-14) . Sue VanderHeyden 1. The City will lose approximately $300,000 in LGA. This amount will go to the school districts. 2. Bids for the permanent filtration plant will be called for beginning October 13th. 3. Mr. Hamer and Ms. VanderHeyden attended a ribbon-cutting ceremony yesterday (October 2nd) at Wilshire Park playground. Principal Abrahamson was very appreciative of the City's generosity for the playground. 4 . The Ramsey County slide program will include a picture of Larry Hamer at the temporary carbon filtration plant. 5. A discussion took place over the need for a window at the utility billing clerk's work station for ventilation of the computer equipment. The meeting adjourned at 10:55 a.m. • :cjk i ST. ANTHONY POLICE DEPARTMENT MANUAL Department vehicles shall not be driven when they are in- unsafe mechanical condition. Officers shall inspect their assigned vehicle before each tour of duty and report any damage or mechanical failure to their immediate superior and a repair order must be completed. 4 - 816.2 VEHICLE PURSUIT GUIDELINES Vehicle pursuits are necessary to apprehend actual or suspected law. violators who refuse to voluntarily comply with a request to stop. In addition, they are necessary to deter others from violating the law. Because vehicle pursuits may be dangerous however, restrictions must be placed on their use. Further, officers must carefully exercise their discretion to initiate, conduct, and continue a pursuit. This discretion necessarily involves the consideration of complex and unpredictable factors. This policy provides restrictions on the use of vehicle pursuits and guidelines for officers in the exercise of their permitted discretion. 4 - 816.3 INITIATING'A' PURSUIT Generall . Vehicle pursuit i.s justified only where, prior to the activation of any- signal the operator of a vehicle, the officer has a reasonable and lawful basis according to Minnesota Law, to stop this vehicle. When such a vehicle fails to stop in response to clear direction from the officer, the officer must exercise his/ her discretion as to whether pursuit is appropriate. In order to diminish the likelihood of a pursuit, officers intending to stop a vehicle should, when practical,be within a close proximity to the vehicle prior to activating the emergency lights and siren. Throughout the pursuit, all part- icipating units shall have their emergency lights and sirens activated .and shall exercise due care in the operation of vehicles. • EVALUATING THE'CIRCUMSTANCES OF'THE' PURSUIT An officer shall consider the relative dangerousness of the pursuit in comparison with the public interest in immediate apprehension. In evaluating whether to engage in or continue the pursuit, the officer shall consider relevant factors such as the following: 1. The nature and seriousness of the observed offenses 2. The degree of recklessness exhibited by the pursued driver; 3. The ability of the officer to identify and apprehend the driver at a later time without continuing the pursuit; 4. Road and weather conditions; 5. The density of traffic and pedestrians; 6. The apparent age of the driver; 7. Whether the vehicle is a motorcycle or similar vehicle; 8. The apparent condition of the pursued vehicle; 9. The type and condtion of the police vehicle; 10. The officer's familiarity with the area; 11. The time of day; 12. The driving skills of the officer and the driver of the pursued vehicle; 68 SEP 2 5 1489 13. Special hazards such as parades, road construction, etc. 14. The length of the chase; 15. The amount of assistance available; S 16. Whether there is a police helicopter or airplane monitoring the pursuit; 17. Whether one or more passengers other than sworn police officers are in the police vehicle. 4 - 816.4 PRIMARY UNIT RESPONSIBILITIES 1. An officer engaging in a pursuit shall notify the communications center as soon as reasonably possible, that a pursuit is underway and provide the following information, if available: A. Police Unit identification; B. Location, speed and direction of travel; C. Vehicle description, including license number, if known; D. The reason for the pursuit, including suspected law violations; and E. The number of occupants in the vehicle being pursued. 2. The primary pursuing officer shall be in charge of the pursuit unless releived of that responsibility by that officer's supervisor. 4 - 816.5 ASSISTING UNIT'RESPONSIBILITIES • 1. An assisting unit shall , if reasonably possible, notify the communications center upon actively joining the pursuit. 2. If the primary unit is a one-officer unit, the assisting unit may assume the responsibility to report the progress of the pursuit, allowing the primary unit to devote full attention to driving. 3. An assisting unit will maintain a reasonably safe distance behind the primary unit. 4. If the primary unit becomes disabled, the assisting unit may become the primary unit. 5. A pursuit will normally involve no more than two units. Additional units may be needed based on such factors as the nature of the offense, the number of suspects, and the character of the area. 6. Police units involved in the pursuit should not pass each other. 7. Units not actively involved in the pursuit shall monitor its progress but not become involved unless specifically directed to do so. 4 - 816.6 'COMMUNICATIONS' CENTER*RESPONSIBILITIES ' 1. Receive and record all incoming information on the pursuit and the pursued vehicle. 68 - A SEP 2 5 1999 l 1 2. Immediately notify the duty supervisor, if available, when a pursuit is initiated. 3. Clear radio channel of any unnecessary traffic and advise all other units that a pursuit is in progress, providing all relevant information. 4. Perform relevant record and motor vehicle checks. 5. Control all radio communications during the pursuit, including freq- uency designation. 6. Coordinate assistance under the direction of the duty supervisor, if available. 7. Continue to monitor the pursuit until it has been terminated. 8. Attempt to notify outside agencies if the pursuit is leading out of the city. Specify that the call is a request for assistance or merely a courtesy notification. 4 - 816.7 SUPERVISORY RESPONSIBILITIES Duty Supervisor 1. Upon being notified of the pursuit, the duty supervisor should, if possible, verify the following: • A. The reason for the pursuit. B. The number of units involved in the pursuit. C. The radio frequency being utilized. D. Whether affected allied agencies are being notified. 2. The duty supervisor should attempt to monitor the pursuit, ensure that proper procedures are being followed, provide assistance and coordination, and direct termination, if appropriate. 4 -816.8 ' PURSUIT'TACTICS 1. Vehicle Contact A. Vehicle contact may be used only when state law permits the use of deadly force, unless the officer believes contact is necessary because the risk of personal injury created by the continued chase is greater than the risk of injury from the proposed action. Factors to consider when assessing risks include the number and location of potential victims, the speed of the pursued vehicle, traffic conditions, the suspect's driving conduct, and the length of the pursuit. B. Vehicle contact should be exercised in a manner that minimizes potential injury. Factors to consider include topography, road conditions, obstructions, and the position of'other vehicles and people. 69 SEP 2 51989 2. Stationary Roadblocks A. Stationary Roadblocks may be used only in the same situations as vehicle contact. B. The location should be chosen to minimize the potential of injury. In particular, there should be sufficient sight distance to allow a vehicle to avoid collision. Other factors to consider include lighting, road configuration, and amount and direction of traffic. C. An avenue of escape must be provided. D. Vehicles used in a roadblock must not be occupied. E. Emergency lights must be activated. F. At least .one siren should be activated at the scene. G. The dispatcher and pursuing vehicles should be notified of the location. 3. Moving Roadblocks ("Boxing In") A. Moving roadblocks may be used when the pursued vehicle is traveling at low speeds. B. Room should be left for safe passage of .oncoming vehicles. 4. Firearms • A. Firearms shall be used only when deadly force is permitted by State Law. 4 - 816.9 INTERJURISDICTIONAL PURSUITS 1. In any pursuit which crosses jurisdictional boundaries, officers should observe their own department policies governing pursuits. 2. When a boundary is approached, the officer responsible for report- ing the progress of the pursuit should notify the dispatcher of that fact and indicate whether assistance is requested. Officers pro- viding assistance should immediately notify the dispatcher of their involvement. 3. The initiating. agency shall be in charge of the pursuit, unless that agency requests another to assume control . All assisting officers shall follow the direction of the officer in charge, unless it violates their own policies. The initiating agency shall be in charge. of any arrest. If an accident occurs, the agency .serving the accident location shall determine who will investigate the accident. 4. If it appears that the pursuit will cross radio communications boundaries, radio communications should be conducted on the Hennepin County Sheriff's emergency radio frequency (Channel 3) or the . statewide radio frequency. 4 - 817 PURSUIT TERMINATION 69 - A SEP 2 51989 1. Officers must evaluate the situation as it progresses to determine whether the pursuit should be terminated. Factors to consider include those listed in "Evaluating Circumstances of the Pursuit". The pursuit must be terminated when: A. In the judgement of the pursuing officer, a clear and unreasonable danger created by the pursuit outweighs the public interest in immediate apprehension. B. The location of the pursued vehicle is no longer known. 2. The termination of a pursuit does not prohibit the following of a vehicle at a safe speed, or remaining in the area to re-initiate pursuit if the opportunity and conditions permit. 4 —817. 1 'ASSISTANCE TO PERSONS INJURED- IN A PURSUIT- 1. The Communication Center shall be notified immediately of any accident and shall notify the appropriate Emergency Medical Service .(EMS) provider. 2. If the pursuing officer becomes aware of a potentially significant injury to a third party resulting from the pursuit, the officer shall terminate the pursuit and provide medical assistance as necessary unless - an assisting unit in the immediate vicinity stops to render such assist- ance. • 3. Any other units may continue the pursuit if sufficient assistance to the accident victim is being provided. 4 - 817.2 TRAINING 1. Officers shall complete a written examination on their Department Procedural Directive/Policy on Vehicle Pursuit at a minimum of once every POST licensing period for the officer (Once every three years) . 2. Any' deficiencies in test answers will be addressed and the correct responses shared with the officer. 3. During the three-year POST licensing period, all officers assigned to the. Patrol Division will complete training in emergency vehicle operation. 4. During the annual performance evaluation period, individual needs as identified in this process relating to vehicle operation will be included in a remedial training program. 5. Information obtained from a review of previous department pursuits will be considered in the overall training needs of the Department and recommendations for any policy changes. 6. The training for this policy should include an analysis of the dis- cretion exercised in deciding when to pursue or terminate a pursuit. 4 - 817.3 ' POST PURSUIT PROCEDURES 1. A Pursuit 'Reporting Form must be completed on every pursuit. 2. Copies of the pursuit form and any accompanying reports shall be 69 - B SEP 2 51989 routed to the Chief. of Police. 3. At regularly scheduled staff meetings or a specially called meeting, the reports associated with the pursuit will be reviewed. 4. In instances where personal injury or vehicle damage is reported, a more in-depth review process will be implemented. 4 -. 817.4 RULES GOVERNING'EMERGENCY RESPONSES 1. An officer, while operating a vehicle in response to an emergency call for service, shall do so with due regard to the safety of others as stated in Minnesota Statutes. 2. An officer shall operate both audible and visable signals when respond- ing to an emergency call for service in order to be exempt from the : speed limit. However, for some emergency calls for service, such as a crime in progress, an officer may eliminate the use of audible and visable signals if he/she deems it appropriate; however if either or both are eliminated, the speed must fall back to the posted limit. • 9. 3 • 69 - C SEP 2 51989 August 28, 1089 Dear Mr 0 LarrY gamer, We are a group of concerned and interested neighbors t have formed a committee to look into the improvement hat dating nd up- g of r�erald Park* The following-is a list of cur ideas. We would kike to see the existing facility improved b removing the spray pool and installing he basketball area, then extending the g sketball hoop in that Pa?k around the old court. Other needs are; 7. new player benches 2. permanent bases 3e basketball net 4. bathroom facilities available during summer games 5e stationary picnic table 6. more electrical outlets inside the warmin to al g house i ow for skating parties and park activities. The next thing we discussed was the installation of equipment. We new Propose the following; �• The missing baby swings should be replaced with full or half-bucket swings for safety purpos 2• Two or th es. ree Exerglides installed where the swinging animals are. The Exergliders can be installed using standard swing hangers. 39 Smaller children would enjoy a scooper shovel. 4. They would also like a couple spring riders. 5. 4 tire swing and steering ' wheel would also be fun Older children would enjoy j Y and be creative with 't 3 an enclosed tunnel slide, a corkscrew slide, dcuble ring bridge, a cargo net ladder or climber, a fire pole and an enclosed crawl tunnel. 7. A tether ball end track slide/cable car are further options which attract the older kids to the park during the summer. In closing we woulk like to cooperate in the development of this project as much as possible. We would appreciate hearing anjr plans or decisions made about Emerald Park. Sincerely, Emerald P,rk Committee Barb Fabi n 4016 Yacalaster Dr. 789_0731 athen e DATE : APPROVAL q October 3 , 1989 TO : Mayor -and Councilmembers FROM : Connie Kroe lip CitV Clerk 2 TEM : PROPOSED ELECTION JUDGE LIST The following is a list of proposed names to be Election Judges _ at. the City General Election, November 7th. _ Precinct 1 , Hennepin Ethel Plasek, 3112 Armour Terrace, Chair Patricia Bridgeman, 2900 West Armour Terrace Billie Jane Debelak, 3417 Roosevelt Street Precinct 2, Hennepin Frances Meyers, 2601 - 31st Avenue N.E. , Chair Lorraine Schmidt, 3256 Old Highway '8 James Cobourn, 3429 Coolidge Street Elaine Victorine, 3617 Coolidge Street Precinct 3, Hennepin Mary Ann Thorsfeldt, 3120 Silver Lake Road, Chair Caroline Zappa, 2408 - 27th Avenue N.E. Precinct 1, Ramsey Micky Madden, 3501 - 37th Avenue N.E. , Chair Marguerite Weber, 3800 Foss Road, #10 Doris Hall , 4020 Fordham Drive Anne Arndt, 3520 Coolidge Avenue Alternates Mary Schwaab, 2913 Stinson Boulevard Louise Inhofer, 2501 Lowry Avenue N.E. :cjk10.10.89 • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA OCTOBER 10, 1989 I. Call to Order. II. Roll Call. • III. Approval of September 26, 1989 H.R..A. Minutes. IV. Claims. A. Dorsey & Whitney - $654.50. B. Munn Blacktop Inc. - $18,710.00. V. Adjournment. 1 CITY OF ST. ANTHONY 02 HOUSING AND REDEVELOPMENT AUTHORITY 3 MINUTES 4 September 26, 1989 5 The meeting was called to order by Chair Sundland at 9:01 P.M. 6 ROLL CALL 7 Present: Sundland, Marks, Ranallo, Enrooth, Makowske. 8 Also present: Sue VanderHeyden, Acting Executive Director 9 William 'Soth, H.R.A. Attorney 10 AUGUST 8, 1989 H.R.A. MINUTES 11 Motion by Ranallo, seconded by Makowske to approve as submitted, 12 Motion carried unanimously. 13 EVERGREEN TOWNHOMES 14 David Newman, Attorney for Nedegaard Construction Company, Inc. , who had �5 taken . over as Developer of the Project from Evergreen Development, 6 reported he and Jerry Gilligan of the Dorsey & Whitney Law Firm had 17 agreed on several modifications in the Redevelopment Agreement in the 18 agenda packet. Interest on the Tax Increment Revenue Note would be 19 reduced from 12% to 10. 1% and the Note would be written for no more than 20 $267,000.00. Mr. Soth confirmed that those changes had been made on the 21 signature copies of the Redevelopers Agreement proposed for execution 22 that evening. 23 Redevelopment Plan, Tax Increment Financing Plan 24 Motion by Ranallo, seconded by Enrooth to adopt H.R.A. Resolution 89- 25 006. 26 H.R.A. RESOLUTION 89-006 27 A RESOLUTION RELATING TO REDEVELOPMENT PLAN FOR 28 REDEVELOPMENT PROJECT AREA NO. 2, RAMSEY COUNTY, 29 AND THE REDEVELOPMENT PROJECT TO BE UNDERTAKEN 30 PURSUANT THERETO ,AND TAX INCREMENT FINANCING PLAN FOR TAX 31 INCREMENT FINANCING DISTRICT NO. 2, RAMSEY COUNTY; 32 APPROVING REDEVELOPMENT PLAN FOR REDEVELOPMENT 33 PROJECT AREA NO. 2, RAMSEY COUNTY, AND THE 34 REDEVELOPMENT PROJECT TO BE UNDERTAKEN THERETO, 35 TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT 36 FINANCING DISTRICT NO. 2, RAMSEY COUNTY, AND • 1 ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT • 2 NO. 2 , RAMSEY COUNTY, AND REQUESTING 3 THE APPROVAL OF THE CITY COUNCIL 4 Motion carried unanimously. 5 Redevelopment Agreement 6 Mr. Newman promised that the schedules providing the legal description 7 of the project property and improvements to the property as well as the 8 Timetable for Completion of the Project would be provided the next day. 9 He explained that the reason they weren't ready that evening was because 10 he and Mr. Nedegaard had just returned that afternoon from Charleston, it South Carolina where Mr. Nedegaard is also the developer of a 400 unit 12 housing development which was severely damaged by Hurricane Hugo. The 13 Attorney indicated, however, that the soil corrections on the project 14 would be commenced the following . Friday and much of the work completed 15 this fall. He promised that the balance of the work would be completed 16 by June 1 , 1990 and that the entire project would be completed by 17 December 31 , 1990. He also assured Councilmember Makowske that portions 18 of the project would be completed before December. 19 Mr. Nedegaard indicated the insurance and liability documents had been 20 sent to Norwest Bank and copies would be provided for the City as well 21 as the Declaration of Covenants and Restrictions for Exhibit B. 22 Motion by Marks, seconded by Makowske to authorize the execution of the • 23 Redevelopment Agreement with Nedegaard Construction Company, Inc. 24 subject to the inclusion of all necessary schedules and exhibits to be 25 reviewed by the H.R.A. Attorney. 26 Motion carried unanimously. 27 Indemnity Agreement 28 The H.R.A. Attorney indicated that the construction company which is the 29 developer and Mr Nedegaard, personally would indemnify the City and the 30 H.R.A. against any claims related to the Agreement. 31 Motion by Marks, seconded by Ranallo to approve execution of the 32 Indemnity Agreement with correct spelling of the City name. 33 Motion carried unanimously. 34 Tax Increment Revenue Note 35 Mr. Soth affirmed that the signature copies to be executed that evening . 36. contained the amount of $267,000.00 to be held by Norwest Bank and paid 37 out for soil corrections as tax increments come in from the project. 38 The number of the Resolution was changed to 89-005.. 39 Motion by Marks, seconded by Enrooth to adopt H.R.A. Resolution 89-005. 2 H.R.A. RESOLUTION 89-005 2 A RESOLUTION APPROVING THE TRANSFER OF LAND 3 FROM THE ST. ANTHONY HOUSING AND REDEVELOPMENT 4 AUTHORITY TO NEDEGAARD CONSTRUCTION COMPANY 5 Motion carried unanimously. 6 ADJOURNMENT 7 Motion by Marks, seconded by Enrooth to adjourn the St. Anthony Housing 8 and Redevelopment Authority meeting at 9:25 P.M. 9 Motion carried unanimously. 10 Respectfully submitted, 11 Helen Crowe, Secretary 12 • 13 • 3 360889 DORSEY & WHITNEY A P..-RRRI.IRCLCDIRU PROIaa YIOAwL CORPYRwT10Mf 2200 FIRST BANK PLACE EAST • MINNEAPOLIS, MINNESOTA 53402 (0121340-2000 (Internal.Revenue Account No.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES September 30, 1989 Ms. Susan L. VanderHeyden Acting Executive Director Housing and Redevelopment Authority of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Re: Housing and Redevelopment Authority For legal services rendered from August 1, 1989 through August 31, 1989, including: Evergreen Development Corporation -Townhomes : Draft letter to Barbara Portwood; telephone conference with Jerry Gilligan re tax exemption; telephone conferences with Barbara Portwood on structure of TIF bonds; discussions re development agreement. $271.00 Lang-Nelson Project: Matters re legal description questions; telephone surveyor; discussions re relocation of sewer. $383 . 50 Total Fees $654 .50 WRS/gle 615 178820: 82, 83 • Disbursements made for your account,for which bills have not yet been received,will appear on a later statement. INVOICE 10883-89TH AVE. N. INVOICE ®CACKT®P MAPLE GROVE, MN 55369 NO. #5270-1 INC. 424-2011 FAX#424-3488 DATE September 28, 1989 PAGE 1 OF 1 PAGES SOLD r Town & Country Foods Sho JOB TO St . Anthon y . pping Center NAME Same 2550 Hwy 88 AND St. Anthony, MN 55418 LOCATION L J Attn: Gene Metzer 'PHONE 424-3331 Approximately 8,600 square yards 1 . Patch work was done as needed using 2341 Bituminous wear prior to overlay. • 2. Entire area was swept free of- dirt and debris. 3. Tack coat area with CRS-2. 4. Install 12" 2341 Bituminous wear (MN/DOT) . 5. Restriping as per design. AMOUNT DUE $18, 710.00 TERMS:.DUE IN FULL UPON COMPLETION. ADDITIONS TO FINANCE CHARGES WILL BE APPLIED TO UNPAID BALANCE 30 CONTRACT PRICE DAYS FROM INVOICE DATE. DEDUCTIONS FROM FINANCE CHARGES ARE COMPUTED AT APERIODIC RATEOF 11/i% CONTRACT PRICE PER MONTH WHICH IS AN ANNUAL RATE OF 180(1 APPLIED TO � UNPAID BALANCE. $18,710.00 PLEASE PAY THIS AMOUNT vs all _.. C9sf�on�e �I no enties p • September 29, 1989 VIA CERTIFIED MAIL P 169 657 246 HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA 3301 N.E. Silver Lake Road St. Anthony, Minnesota 55418 Re: Purchase Agreement dated December 30, 1988 with Osborne Properties; Reimbursement for Parking Lot Repairs Dear Sir or Madam: In accordance with paragraph 18 of the above-referenced Purchase Agreement, enclosed is a copy of an invoice dated September 28, 1989 from Munn Blacktop, Inc. , for labor and materials provided in connection with the resurfacing of -the parking lot for the Town & County Foods Store, 2550 Highway 88, St. Anthony, Minnesota. The parking lot work was performed at the request of • Mr. Eugene Metzer, the subtenant of the Osborne property, pursuant to agreement between Osborne Properties and Mr. Metzer's sublandlord, Super Valu. Under the terms of Paragraph 18 of the Purchase Agreement, the St. Anthony HRA is obligated to pay the sum of $10, 000. 00 toward the cost of such parking lot resurfacing, upon presentation of the enclosed invoice for .the completed work. Please forward the HRA's check to the undersigned at this office. The check should be made payable to: Mr. Eugene Metzer. Please notify me immediately if -the - HRA has --any questions or concerns regarding this letter. Thank you Since ely, 7iL Thomas J. Watkowski Assistant General Counsel TJW:kt Enclosure cc: Mr. Eugene E. Metzer (w/enclosure) • Joseph L. Nunez, Esq. (w/enclosure) Mr. Daniel W. Engelsma (w/enclosure) Mr. Charles E. Gravelle (w/enclosure) William R. Soth, Esq. (w/enclosure) 523 South 8th Street Minneapolis, Minnesota 55404 612/332-1241 other shall be deemed given or served in accordance with the provisions of this Agreement if said notice or election is mailed in a sealed wrapper in the United States registered or certified mail , postage prepaid, property addressed as follows : If to the Owner : c/o Mr . Dan Engelsma Kraus-Anderson, Incorporated 523 South Eighth Street Minneapolis, Minnesota 55404 If to HRA: 3301 N.E. Silver Lake Road St . Anthony, Minnesota 55418 Each notice shall be deemed given to , or served upon, the party to whom addressed on the date the notice is deposited in the United States registered or certified mail , postage prepaid, properly addressed in the manner above provided . 14 . Binding Effect . All covenants , agreements , warranties and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs , representatives , successors and assigns . 15 . Closing With Redeveloper . Notwithstanding • anything to the contrary hereinabove contained, this Purchase Agreement is expressly contingent upon the simultaneous closing of the sale of the Property to the Redeveloper . The Date of Closing provided for herein shall be extended to such later date as may be dictated by operation of the provisions hereof . If the sale to the Redeveloper has not occurred on or before February 1 , 1989 , then Owner and the HRA shall each have the right , at their option, to terminate this Agreement by written notice to the other party, in which event neither the HRA nor Owner shall be further liable hereunder . 16 . [ Intentionally Omitted] 17 . Release of Other Interests . Owner , as the owner of Owner ' s Remaining Real Estate, is or may be a beneficiary of various easements and other interests encumbering portions of the parcel of land that the HRA will be selling to the Redeveloper . On the Date of Closing, in exchange for the payment of the purchase price hereunder and without any requirement of additional consideration, Owner will release any rights which it has in the easements and other interests listed in Exhibit D attached hereto and made a part hereof . 18 . Reimbursement for Parking Lot Repairs . The HRA agrees to reimburse Owner for up to $10 , 000 in expenses • incurred by Owner after the date hereof for ( i) repairing the -8- area of the boundary between the Property and Owner ' s Remaining Real Estate and for ( ii) resurfacing the parking lot on Owner ' s Remaining Real Estate. The HRA shall pay Owner such amount upon receipt by the HRA of copies of invoices paid by the Owner for such work. It is understood and agreed that such payment of up to $10 ,000 by the HRA is in lieu of the payment of any relocation costs or other compensation to the Owner or to any tenants or subtenants of the Property or of Owner ' s Remaining Real Estate. The obligation of the HRA to reimburse Owner as specified in this paragraph shall survive and continue in full force and effect and shall be enforceable after the closing; provided, however, that to qualify for reimbursement by the HRA, all invoices as described herein must be presented to the HRA within 270 days after the actual Date of Closing. OSBORNE PROPERTIES, a Minnesota \ limited partnership J � By Its General Par er HOUSING AND REDEVELOPMENT AUTHORITY • OF S THONY, MINNESOTA B tq Chair By XIA I -s S ' ret -ry • -9-