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HomeMy WebLinkAboutPL PACKET 04211992 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooasa Box: 15 Folder: PL PACKETS 1992 Document: PL PACKET 04211992 G CITY OF ST. ANTHONY • PLANNING COMMISSION AGENDA APRIL 21, 1992 7:30 R.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. MINUTES. A. FEBRUARY 18,1992 PLANNING COMMISSION MEETING. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE APRIL 28, . 1992 CITY COUNCIL MEETING. V. PUBLIC HEARINGS. A. 7:35 P.M. - ADEL ALWAN (SHEIK'S GARDEN RESTAURANT), 3800 APACHE • PLAZA, CONDITIONAL USE PERMIT REQUEST. B. 7:45 P.M. -JAMES SARNA AND WILLIAM VOGT STOP -N-SHOP SUPERETTE), 3813 STINSON BOULEVARD, SIGN VARIANCE. VI. MISCELLANEOUS. A. CONCEPT REVIEW -- ST. ANTHONY DRY CLEANERS - 3005 37TH AVENUE NORTHEAST. B. REVIEW PROPOSED REVISIONS TO PARKING ORDINANCE. C. REVIEW PROPOSED REVISIONS TO SIGN ORDINANCE. Note: Revisions will be distributed at the meeting. D. UPDATE ON SOUTH END STUDY. E. REVIEW HOUSING MAINTENANCE ORDINANCE. VII. STAFF UPDATE. VIII. COMMISSIONERS' COMMENTS. IX. ADJOURNMENT. 1 CITY OF ST . ANTHONY 2 • 3 PLANNING COMMISSION MEETING 4 5 FEBRUARY 18 , 1992 6 7 8 1 . CALL TO ORDER 9 10 The Planning Commission Meeting was called to order by 11 Chairman Faust at 7 : 30 p .m. 12 13 2 . ROLL CALL 14 15 Present : Franzese, Gondorchin, Madden, Werenicz, Murphy and 16 Faust 17 18 It was -noted that Commissioner Brownell had resigned from the 19 Planning Commission. He is moving out of St . Anthony. 20 21 Staff Present : Dave Urbia , Management Assistant 22 23 3 . APPROVAL OF MINUTES OF THE JANUARY 21 , 1992 PLANNING 24 COMMISSION MEETING 25 26 Motion by Franzese, second by Gondorchin to approve the 27 minutes of the January 21 , 1992 Planning Commission Meeting •28 with the following correction: 29 30 page 3 , line 12 : The second to the motion was made by 31 Werenicz . 32 33 Motion carried unanimously 34 35 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE MARCH 10 , 1992 36 CITY COUNCIL MEETING 37 38 Chairman Faust noted he had reviewed the sequence followed 39 last year for representatives of the Planning Commission to 40 attend Council Meetings . He stated they were as follows : 41 Murphy, Madden,. Gondorchin , Franzese, Werenicz, Faust and the 42 newly-appointed commissioner. 43 44 Continuation of this sequence was agreeable to all of the 45 Commission members . 46 47 Murphy will be representing the Planning Commission at the 48 March 10 , 1992 Council Meeting. 49 50 5. PUBLIC HEARINGS 51 52 A. Sheik ' s Garden Restaurant , 3800 Apache Plaza , Conditional 53 Use Permit Request 054 t 1 PLANNING COMMISSION MEETING • 2 FEBRUARY 18 , 1992 3 PAGE 2 4 5 6 Chairman Faust inquired if anyone from Apache Plaza management 7 will be attending the Public Hearing. Urbia responded he had 8 faxed information regarding the conditional use permit request 9 and the Planning Commission meeting to the management office 10 and was advi sed that no one at the of f ice saw a need to be 11 present . 12 13 Urbia distributed a letter received from Dennis Cavanaugh, 14 President of the C. G. Rein Company, who owns Apache Plaza. In 15 the letter Mr . Cavanaugh stated the company' s support of the 16 approval of the conditional use permit to operate a game room 17 with kiddie rides and games . It was also noted in the letter 18 that the lease for Sheik ' s Garden Restaurant ' s right to 19 operate kiddie games and rides would be terminated if there 20 appears to be any problems resulting from the clientele using 21 this equipment . 22 23 The Public Hearina was opened at 7 : 35 p.m. 24 25 Chairman Faust read the public notice which appeared in the 26 February 5th edition of the Bulletin regarding the Public 27 Hearing. 028 29 Urbia, referring to his memo dated February 12 , 1992 to the 30 Planning Commission Members , noted that only the factual 31 information regarding this request and the history of Council 32 action i-n the past , was being presented. No staff 33 recommendation is being made regarding Planning Commission 34 action on this matter . 35 36 The conditional use permit request , from Adel Alwan, the owner 37 of Sheik '.s Garden Restaurant , is for approval to have more 38 than three amusement devices at that location. The conditional 39 use permit is necessary as Mr. Alwan proposes to have up to 30 40 amusement devices . 41 42 Mr. Alwan ' s proposed plan would allow him to generate 43 additional revenue in the older, rear portion of the 44 restaurant . A plan for. this area was submitted with his 45 request . Booths will be removed for this arcade and to 46 accommodate the amusement devices . The front portion of the 47 restaurant has already been renovated. 48 49 Urbia ' s memo noted that the three conditions for approval of 50 a conditional use permit have been satisifed if Mr. Alwan 51 follows through on his intentions as stated in answering the 52 three questions . 3 4 Staff made five recommendations for the Planning Commission ' s 1 PLANNING COMMISSION MEETING • 2 FEBRUARY 18 , 1992 3 PAGE 3 4 5 6 consideration to be made in conjunction with the approval of 7 the conditional use permit . They are as follows : 8 9 1 . The arcade shall prohibit tobacco, alcohol , and drugs on 10 the premises . 11 12 2 . The arcade shall prohibit individuals under the influence 13 of tobacco, alcohol , and/or drugs . 14 15 3 . Proper supervision should be available at all times to 16 ensure appropriate conduct and behavior. 17 18 4 . The access from kitchen to dining area shall be segregated 19 to ensure safety. 20 21 5 . The number of amusement devices allowed will be dependent 22 upon the available number of amusement device licenses and 23 available space within the area designated on the proposed 24 plan. 25 26 Urbia advised that the current amusement device licensing 27 ordinance allows the owner of the amusement devices to hold. •28 the licenses . The holding of licenses presents a problem to 29 those who would like to operate amusement devices since the 30 City has a limit of 106 licenses . Also, the City has limited 31 control over amusement devices when they are licensed to their 32 owner who can transfer them to other locations . 33 34 Ordinance No. 92-001 had its first reading at the February 11 , 35 1992 Council Meeting. This ordinance would allow only the. 36 operator of the amusement device establishment to apply for 37 and hold the license and no more than thirty-five devices .38 would be allowed in one location . 39 40 Urbia advised the Planning Commission members that staff had 41 discussed this conditional use permit request and reached some . 42 conclusions . The Police Chief does not anticipate any .major 43 problems with the operation of these devices . It was noted 44 that since they will be located in a mall , rather than in a 45 freestanding building, some patrol schedules may have to be 46 changed. Also, they will be located next to a municipal liquor 47 site . 48 49 Franzese observed that Dennis Cavanaugh has transferred twenty 50 amusement device licenses . She inquired how many are left . 51 Urbia responded that thirty-four are left but Ordinance No. 52 1992-001 will change this situation. She also inquired how 53 many licenses are currently left at this point in time. Urbia 1054 said there are only five left but some are being held by their t 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 • 3 PAGE 4 4 5 6 owners and are not being used. . 7 8 Madden wanted to know the whereabouts of the amusement device 9 licenses for the machines which were previously located in the 10 Malt Shop. Urbia was not sure of where these were. 11 12 Murphy wondered why there was a limit of 106 licenses . 13 Franzese stated that the time the ordinance was drafted there 14 were already 106 licenses out . 15 16 Faust noted that all licenses are reissued in March of each 17 year. He felt that theoretically the thirty four held by the 18 Rein Company may not be renewed. 19 20 Murphy inquired if the Fire Chief had viewed the floor plan 21 submitted for the Restaurant . Urbia noted that the Fire Chief 22 had viewed the plan and saw no problems , but the plan will be 23 reviewed by the Building Inspector . 24 25 Mr. Alwan advised the Planning Commission he is responding to 26 customer requests by installing kiddie rides and amusement 27 devices . His intention is to have a family-oriented operation. 28 030 9 Franzese inquired if only customers of the restaurant will be allowed to use the games or could people come into the area 31 who do not plan to eat and play the games . Mr. Alwan responded 32 it would not be necessary to be a patron of the restaurant to 33 play the games . 34 35 Mr. Alwan plans to have eight kiddie rides and the rest of the 36 amusements would be video games . He does not intend to put in 37 a pool table as he envisions this as a potential for problems . 38 39 Chairman Faust noted that Mr. Alwan is requesting permission 40 for thirty games . He observed that Dennis Cavanaugh referred 41 to permitting only twenty games . Mr. Alwan stated :that twenty 42 would not be enough and feels that Dennis Cavanaugh plans to 43 keep the rest of the licenses for his own use. 44 45 Franzese was concerned . with rules enforcement and the 46 methodology Mr . Alwan planned to .institute to keep order . 47 48 Mr . Alwan advised that someone on the staff will always be in 49 the area to monitor. He stated he wants a successful operation 50 and avoid problems which were experienced in the shopping 51 center previously. 52 53 Werenicz inquired if he intends to serve wine as he has a wire �4 license . Mr . Alwan noted that the wine and beer license 1 PLANNING COMMISSION MEETING • 2 FEBRUARY 18 , 1992 3 PAGE 5 4 5 6 expires March 15th and he does not intend to renew it . He will 7 . have alcohol and tobacco prohibitions in the entire operation . 8 9 The floor plan which was submitted by Mr . Alwan was reviewed. 10 It was noted that there will be no entrance from the outside - 11 of . the building. The hours will be from Noon to 10 : 00 p.m. 12 Presently, the operation closes at 8 : 30 p.m. The shopping mall 13 closes at 9 : 00 p .m. The door of the restaurant to the mall 14- will be closed when the mall closes . 15 16 Franzese noted that the former owner of the Malt Shop was in 17 attendance at the Planning Commission Meeting. She inquired if 18 he had anything to offer regarding this operation. He stated 19 he would not like to comment although he has some strong 20 opinions regarding his experience with the shopping mall 21 management and its security. 22 23 He felt the parking lot activities were perceived as his 24 responsibility. It was his opinion if the shopping mall 25 security had been more cooperative he could have avoided many 26 of the problems which he experienced and his operation could 27 have been successful . •28 29 Murphy inquired how many video machines were in the Malt Shop. 30 He was advised there had been forty-nine. 31 32 Franzese inquired if Mr. Alwan had considered the negative 33 experiences had by the owner of the Malt Shop especially 34. regarding teenage activities , alcohol , etc . Mr . Alwan 35 suggested his operation would draw a different clientele and 36 he anticipated no similar problems . 37 38 Gondorchin inquired if Mr . Alwan had operated any other type 39 of establishment where amusement devices were part of the 40 operation. Mr. Alwan responded he had run the St . Anthony Fun 41 Center which attracted a clientele that was difficult to 42 manage . He feels the new location at Apache Plaza will attract 43 families and the rules of conduct will be easier to 44 administer . 45 46 Franzese inquired if the Fun Center operation will be 47 continuing. Mr . Alwan stated his partner may continue the 48 business but he is not sure. The twenty video games licensed 49 at the Fun Center will be transferred to Sheik ' s Garden 50 Restaurant .' 51 52 Werenicz complimented the former owner of the Malt Shop . He �53 noted that the condition of meeting annually with staff and 54 the police chief had been met and police calls and s 1 PLANNING COMMISSION .MEETING 2 FEBRUARY 18 , 1992 • 3 PAGE 6 4 5 6 7 disturbances had been regularly reviewed. 8 9 Franzese, noting that Mr . Alwan intends to have eight kiddie 10 games and eighteen video games , suggested that the atmosphere 11 may be rather loud for a family dining situation . She also 12 noted that since the game area is separate from the dining 13 area this may become a hangout for game users . Mr . Alwan cited 14 one of the rules of the operation will be "proper conduct and 15 behavior. " He intends to make these rules effective. 16 17 The Public Hearina was closed at 8 : 15 p.m. 18 19 Motion by Franzese, second by Werenicz to recommend approval 20 of the request from Mr . Alwan for a conditional use permit for 21 a maximum of thirty amusement devices at the Sheik 's Garden 22 Restaurant , 3800 Apache Plaza, because the proposal meets the 23 criteria for granting a conditional use permit with the 24 understanding that the Ordinance No. 1992-001 is going to be 25 approved that will make it easier for the City to monitor ; 26 that the hours will be no later than 10 : 00 p.m. ; plus the five 27 conditions as recommended by staff ; plus an annual review by •28 City staff , the Police Chief and the restaurant owner to look 29 at complaints generated by the restaurant , both inside and 30 outside . 31 32 Gondorchin concurred with the motion, but added that the 33 Apache Plaza security should be more responsive to calls from 34 the shopping center ' s tenants . 35 36 Franzese requested that City staff contact Dennis Cavanaugh 37 directly regarding some of the comments the Planning 38 Commission received at tonight ' s meeting about security at 39 Apache Plaza. 40 41 Urbia advised that these licenses cost $130 . 00 . If Mr. Alwan 42 wants more than thirty then he would have to come back to the 43 Planning Commission to make that request . 44 45 Murphy inquired what actions would be taken by the City if 46 this situation at this restaurant becomes troublesome . 47 Werenicz felt the staff and police chief would review the 48 details of the complaints and probably recommend. revoking the 49 conditional use permit and pulling of the licenses . 50 51 Motion carried unanimously 52 53 Chairperson Faust advised Mr . Alwan that this matter will be �4 on the March 10th Council Meeting agenda and he was ' 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 7 4 5 6 advised to attend that meeting. 7 8 6 . MISCELLANEOUS 9 10 A. Government Training Center (GTS ) Workshop 11 12 On February 13 , 1992 or March 14 , 1992 the Government 13 Training Service is offering an Annual Planning Institute 14 which will address "The Basics . " 15 16 Chairman Faust noted that all commissioners have attended . 17 a workshop sponsored by the Government Training Service 18 and found them very worthwhile. He inquired if funds are 19 available to attend any other workshops sponsored by this 20 organization . Urbia will get this information from the 21 City Manager . 22 23 Urbia requested any commissioners interested in attending 24 this workshop or any others to advise him and he will 25 make the necessary reservations . Gondorchin stated his 26 intention to attend the March 14th workshop. 27 •28 B. Selection of Sponsor for New Planning Commission Member 29 30 Chairman Faust had requested this item be included on the 31 agenda. His purpose is for the newly-appointed member of 32 the Planning Commission to have someone on the Commission 33 act as his/her mentor. He recalled when he was appointed, 34 he found the assistance of the Assistant to the City 35 Manager very helpful . This mentor would act as a 36 "welcomer" to the Commission and help in bringing him/her 37 up to speed on the business of the Commission . 38 39 Madden felt this mentor may influence the newly-appointed 40 member . Murphy felt Dave Urbia could be very helpful by 41 reviewing past activities of the Commission and by going 42 over the procedures of a typical meeting. 43 44 Madden felt the Planning Commission Chair could serve as 45 a mentor . Chairman Faust indicated his willingess to do 46 this . 47 48 Werenicz stated he had not felt that new appointees have 49 been reticent to par.ticipate and that a mentor was not 50 really necessary if. the Chair was willing to acclimate 51 the appointee to the procedures . 52 53 Urbia noted that no applications for the Planning 1054 Commission appointment have been received. 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 8 4 5 6 C. Staff Report - Liaht Industrial Uses in a General 7 Commercial Zone 8 9 Urbia referred to his memo dated February 5 , 1992 which 10 gave information received from other first ring suburbs 11 regarding their commercial zone uses . He noted that this 12 situation developed from a request received from a print 13 shop wishing to locate in the Apache Squares strip mall . 14 15 He gave the pros and cons regarding a conditional use 16 permit or a "C-1" zoning district and "C-2" where us.es 17 such as the request for Apache Squares would be allowed. 18 19 Murphy inquired if there are any other locations in the 20 City where a "C-2" zoning could be designated. 21 22 Urbia responded that the St . Anthony Shopping Center was 23 too close to residential , but one location where it could 24 be allowed was at the northeast corner of 37th Avenue and 25 Silver Lake Road. 26 27 Gondorchin felt the Planning Commission should take a 8 "wait and see" posture depending on whether CUB locates 9 a grocery store in the area of Apache Squares . He felt 30 the rentals in Apache Squares would really flourish if 31 CUB locates near there. 32 33 Werenicz felt this was a unique location and it may not 34 be affected by a CUB store because of the visibility. 35 36 Urbia suggested it may be preferable to amend the zoning 37 ordinance to allow this tenant a conditional use permit . 38 He inquired if the Planning Commission would be agreeable 39 to having staff help this business by allowing it to 40 locate in this spot . 41 42 Chairman Faust felt this may be starting a whole new 43 situation for the City to deal with. 44 45 Urbia observed that if this business had retail located 46 in the front of the store, then any activity could be 47 conducted in the back relating to the business . 48 49 Madden noted that when this strip mall was first 50 approved, the Planning Commission had understood all of 51 the tenants would be retail . 52 53 Urbia said that for a short term this would be a sign and �4 banner making operation . Chairman Faust felt staff was 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 9 4 5 6 attempting to tailor the ordinance to accommodate this 7 business . Urbia responded the intention was to loosen up 8 the ordinance to accommodate a variety of businesses . 9 10 In his memo, Urbia noted that the general "C" section of - 11 the zoning ordinance could be amended in a manner that 12 would conditionally permit certain light industrial uses 13 in limited areas . A new zoning district could be created 14 ( "C-1" ) which would permit everything that is currently 15 permitted in "C" and conditionally permit light 16 industrial type uses such as silk screen shops , printing 17 shops , non-retail office, etc . . 18 19 Franzese recalled when this matter was previously 2.0 discussed there was concern with delivery trucks which 21 would not fit well with retail businesses . 22 23 Gondorchin still felt CUB would be a traffic generator 24 and that it would benefit this strip mall . He again 25 suggested that the "wait and see" posture be taken . 26 27 Chairman Faust noted that Urbia is requesting a consensus .28 position of the Planning Commission on this matter . He 29 felt the Commission members are not too excited to do a 30 new "C-1" district nor any conditional uses . 31 32 Madden felt the Commission was groping not to make a 33 decision and inquired if this conditional use is 34 something that can be lived with. 35 36 Chairman Faust felt the people seeking direction deserve 37 an answer. 38 39 Madden recalled the two deteriorated buildings located at 40 the St . Anthony Shopping Center which were refurbished 41 and still did not generate traffic . 42 43 Chairman Faust felt the philosophy of the Planning 44 Commission had long been not to change the City' s zoning 45 ordinance. 46 47 Gondorchin felt this was a one time opportunity to help 48 someone out . 49 50 Murphy referred to the types of uses employed by other 51 cities cited in Urbia ' s memo . He suggested that the 52 Planning Commission consider some way to write the zoning �553 ordinance which would allow for some uses and still 4 maintain some control . 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 10 4 5 6 Chairman Faust observed that the four cities referred, to 7 in Urbia ' s memo were not stellar examples of successful 8 planning in his opinion. He does not support changing the 9 ordinance nor the staff recommendation . 10 11 D. Background Readina - Sian Ordinances for Small and Medium 12 Sized Communities 13 14 Madden noted he did not have time to thoroughly review 15 the material in the background reading regarding the sign 16 ordinances . Werenicz noted he has not completed his 17 reading. 18 19 Gondorchin felt 'the material was very thorough and the 20 information presented did not handcuff the staff . 21 22 Urbia stated that conformance to the sign ordinance will 23 not be accomplished in a short .period of time. He felt 24 the administration of the ordinance should be conducted 25 slowly and especially in light of the economic problems 26 being experienced presently. 27 28 Chairman Faust noted that eventually everyone must 29 conform to the sign ordinance and no "grandfathering" in 30 of present non-conforming signs should be allowed. 31 32 Franzese inquired what was the source for this 33 information. Urbia responded it came from the American 34 Planning Association. _ 35 36 7 . STAFF UPDATE 37 38 Chairman Faust had requested that staff be prepared to review 39 any old business of the Planning Commission so its members can 40 be current with what has transpired. 41 42 Urbia advised that there is only one vacancy at the Stop 'N' 43 Shop on 38th Avenue and Stinson Boulevard. He noted that this 44 operation has contracted with Conoco rather than the other 45 company as stated in their f irst request . He wi 11 fol low up on 46 the square footage of the sign as approved. 47 48 Urbia stated that the first draft of the sign ordinance will 49 be available in March. 50 51 Urbia said that the CUB proposal is still "alive. " Their 52 proposal is to remove the present grocery store which is 53 100 , 000 square feet , add onto the building and. rebuild with a 54 67 , 000 square foot addition. They have also indicated an 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 11 4 5 6 interest in having the City'. s bottle shop locate there. 7 . . . . . 8 8 . COMMISSIONERS ' COMMENTS 9 10 Commissioner Werenicz 11 Commissioner Werenicz attended the Council ' s Town Meeting. He 12 found the presentation very interesting but noted there were 13 very few people in attendance. 14. 15 There were thirty-two residents who attended the Town Meeting. 16 17 Commissioner Werenicz inquired if there would be any impact on 18 property taxes by homes experiencing water problems which 19 could be identified. Urbia responded there would probably be 20 a decrease in taxes and an abatement made. 21 22 Commissioner Madden 23 24 Commissioner Madden had nothing to comment on at this time. 25 26 Commissioner Werenicz •27 28 Commissioner Werenicz had nothing to comment on at this time. 29 30 Chairman Faust 31 32 Chairman Faust noted that he will be reviewing the Planning 33 Commissin agenda before it is sent to the Commissioners . He 34_ requested that the Commissioners let him know of any agenda 35 items they wished to have included on the agenda. He also has 36 requested that any staff recommendations include all of the 37 pros and cons of the item being addressed. 38 39 Chairman Faust suggested that the Planning Commission meetings 40 become more "user friendly. " He explained that his intent is 41 to make the environment at the meetings more accommodating to 42 those who attend and make them less intimidating. He felt the 43 atmosphere need not be adversarial . 44 45 Commissioner Murphy 46 47 Commissioner Murphy had nothing to comment on at this time. 48 49 Commissioner Gondorchin 50 51 Commissioner Gondorchin had nothing to comment on at this 2 time . � 54 J• i j 1 PLANNING COMMISSION MEETING 2 FEBRUARY 18 , 1992 3 PAGE 12 4 5 6 Commissioner Franzese 7 8 Commissioner Franzese inquired as to the status of the Pirino 9 garage. Urbia had no current information . 10 11 . Werenicz inquired if an update of the court findings regarding 12 the Pirino lawsuit were available. Urbia stated that they were 13 not back yet . Chairman Faust felt the Planning . Commission 14 members should know the legal reasons why the City lost the 15 case. He requested that the legal findings and the judgement 16 be included in the next month' s Planning Commission meeting 17 agenda. 18 19 9. ADJOURNMENT 20 21 Motion by Madden, second by Werenicz to adjourn the Planning 22 Commission meeting at 9: 38 p.m. 23 24 Motion carried unanimously 25 26 27 Respectfully submitted, _ 28 • 29 30 Jo-Anne Student , Planning Commission Secretary 31 32 STAFF REPORT DATE: April 16, 1992 TO: Planning Commission Members FROM: , David Mark Urbia, Management Assistant ITEM: APPLICATION FOR CONDITIONAL USE PERMIT ----------------------------------------------------------------------------------------------------------------------- The following report is regarding a request from Adel Alwan for a conditional use permit to allow for more than three amusement devices at Sheik's Garden Restaurant, Inc.; 3800 Apache Plaza. The conditional use permit is necessary as Mr. Alwan proposes to have 23 amusement devices. According to the Zoning Ordinance, Appendix I, Section 9, Subdivision 3(14), an establishment is permitted to have more than three amusement devices (as defined in Section 510:05) only by conditional use permit. Mr. Alwan was before the Planning Commission in February to request a conditional use permit to allow up to 30 amusement devices. The Planning Commission approved the request unanimously under certain conditions. The City Council, at its March 10th meeting, did not approve the request by a 3 to 2 vote. Mr. Alwan's proposed plan (see attached drawing) would allow him to generate additional revenue in the older, rear portion of the restaurant. The front portion of the restaurant has been renovated. Mr. Alwan proposes rules that he believes will create a family atmosphere. In addition, Mr. Alwan will have-8 amusement devices solely for children. The remaining 15 amusement devices will be video devices for both children and adults.The three conditions are satisfied for this conditional use permit, if the owner carries out the intent stated in answering the -conditions. The Planning Commission should consider adding the following conditions in conjunction with recommending approval of the conditional use permit: (1) The arcade shall prohibit tobacco, alcohol, and drugs on the premises. (2) The arcade shall prohibit individuals under the influence of tobacco, alcohol, and/or drugs. (3) Proper supervision should be available at all times to ensure appropriate conduct and behavior. (4) The access from kitchen to dining area shall be segregated to ensure safety. 1 (5) The number of amusement devices allowed will be dependant upon the available number of amusement device licenses and available space within the area designated on the proposed plan. - (6) The hours for the arcade will be no later than 10:00 P.M. (7) The process of an annual review consisting of City staff, the Police Chief, and the restaurant owner to review complaints generated by the restaurant, both inside. and outside the establishment. (8) The arcade shall consist of 23 amusement devices, of which 8 will be solely for children and 15 will be video devices for both children and adults. I CI'"Y OF S" PNTHO?�Y I--I=rLICP"'IO*: FIST C� ' C ':"'ITIO;'PL '-', 3E Applicant : !'del Plan' Phone 788-3580 Aedress: 3800 Ppache Plaza; St. Anothony'YNN. 55421 Statrns of applicant (owner, buyer, renter, agent , ) : owner Street arldress and/ or legal description of property in question : SHEIK' S GP PDE`% Pi.ST/tURP1.7 inc. Zoning district in which property is locatee :3800 Apache Plaza Conditioncil use proposed : Expane existing restaurant to ir.cluee Plrctroric r f,r-(-s & entertainment devices. Pill-service .try"ues with a non-alcohol .Ztmosphere. Minnesota StE:tutes end City Ordinances req�iire that the followiAg conditions be satisfied before a conraitional .ise may be authorized. Please respond to these conditions, using additional sheets, if necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located.'Yes 2) The proposed conditional use will not be eetrinentf:l to the health, safety, or general...welfare of persons rediding or working in the vicinity' of injurious to property values or inprovernents in the vicinity. A\ "There is no apparent indication or evidence this request would be detrimental or harmful to persons icluding employees, general public or customer/patrgps. Sufficient full time supervision during all business, fi6urs will be furnished. Also, see c,:ttached list of rules. " 3) The proposed conditional rise is necessarikor desirec:ble at the above location to provide n service or a facility which is in the interest of p+iblic convenience and will contribute to the general welfare of the neighborhood or community. " A family orientated enviornnent of entertainment J consisting of kiddie rides, video games, v-�v This dimension is to enhance and aed to the existing L' 3 .2 restaurant by offering the comniinity a clean &- wholesome atmosphere that has entertainment appeal for all ages & members of the family." Signature of applicant : 01 -22 -92A * 130 . 00x( �, �� 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, April 21, 1992 at 7:35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Adel Alwan for a conditional use permit to allow for more than three amusement devices at Sheik's Garden Restaurant, Inc., 3800 Apache Plaza. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Publish: Bulletin, April 1, 1992 The previous notice gave the incorrect date for the Planning Commission to consider this request. The correct date is April 21, 1992. C. G. Rein Co. Sentinal Management Dave & Jim Koch 949 Sibley Memorial HHy. 5151 Edina Industrial 4901 Excelsior Blvd. St. Paul,l MN 55118 Boulevard •St. Louis Park, MN 55416 Edina, MN 55435 Re: 2504/24-39th Ave. Ken Solie Taco Bell Tires Plus Village Properties 3704 Silver Lake Rd. 3800 SUver Lake Rd. 2500-39th Avenue N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Marquette State Bank 3928 Silver Lake Rd. St. Anthony, MN 55421 cis r�� oc h 4 A6 !� v / " ' • V�A, z STAFF REPORT DATE: April 16, 1992 TO: Planning Commission Members FROM: David Mark Urbia, Management Assistant ITEM: "STOP-N-SHOP SUPERETTE" SIGN VARIANCE REQUEST --------------------------------------------------------------------------------------------------------------------------- The following report is regarding a sign variance request from Mr. James Sarna and Mr. William Vogt from Stop -N- Shop Superette, Inc., 1847 Johnson Street Northeast, Minneapolis, which requires variances for number of signs and location. BACKGROUND -A sign variance has been previously approved for the applicants to have a pylon sign with the Stop-N- Shop sign and gasoline brand signs. Originally, the request was for two Phillips 66 signs (44" by 44"). The current request is for two Conoco signs (2' by 6') to be placed on the north and south ends of the canopy, on the side closest to the road. In the Sign Ordinance, 430.15, Subd. 5, a canopy is defined as a permanent roof structure attached to and supported by the building. There is no provision for a canopy sign that is being requested. In addition, Section 430.40, Subd. 9(b)(2) of the Sign Ordinance allows for a pylon sign for a gas station to have brand identification signs. If the Conoco 'signs were to be allowed upon the canopy, there would be no brand identification signs on the pylon sign, hence the pylon sign would be nonconforming. RECOMMENDATION The application does not meet the three conditions. Further, it is a sea change in direction from the variance allowed only a few months previous. n Instant Cash 24 Hours 3 NORTHEAST LOCATIONS 1847 JOHNSON STREET NE MINNEAPOLIS, MINNESOTA 55418 6121789-0105 City of St. Anthony St. Anthony, Minnesota We originally came before the St. Anthony City Council . and received approval for Stop-N-Shop Superette to have a Phillips 66 sign placed below our sign located on the pole. At the time we came before the Council we didn't know there would be a problem with Phillip 66, as we already have there sign placed on our pole at our other locations . When we got back to Phillip 66, we were advised that they no longer agreed to having their sign placed.below our3due to a new policy. We have now approached Conoco Oil Company, since it was originally a Conoco Station. Conoco has stated that they are interested in having their brand sign placed on our canopy and not on the pole. The square footage of their sign would be smaller than the proposed Phillipp 66 sign would have been. We are therefore requesting a variance to have the Conoco Logo sign placed on our canopy. Would you please review our request and advise us accordingly. Respectfully, amen Sarna William Vogt CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING SIGN VARIAN CE , r TO WHOM IT MAY CONCERN: Notice is he given that there will be a,public hearing by the Planning Commission of the City of St. Anthony on Tuesday, April 21, 1992, at 7:45 P.M. in the Council Chambers of the City Hall, 3,301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of a request for a sign variance from Mr. James Sarna and Mr. William Vogt, Stop -N- Shop Superette, Inc., 1847 Johnson Street Northeast, Minneapolis, for two gasoline brand signs on the canopy at 3813 Stinson Boulevard; which requires variances.for number of signs and location. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be referred to the City Manager, 789-8881. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager Publish: Bulletin, April 8, 1992 - - -C. G. Rein Pizza Hut-- American Family Insurance 949 Sibley Memorial Highway 3801 Stinson Boulevard. 3800 Apache Lane St. Paul, MN 55118 St. Anthony, MN 55421 St. Anthony, 11N 55421 Apache Cat Wash- -- Keri Solie ----- - Sentinel Manageriient 3725 Stinson Boulevard 2817 silver Lane 5151 Edina Industrial Blvd. St. Anthony, MN 55421 St. Anthony, MN 55421 Minneapolis, MN 55435 Re: Equinox Apartments Ed's Self Strvrnc`e Car Wash---- 3901 Stinson Boulevard 2415-39th Avenue N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 STAFF REPORT DATE: April 16, 1992 TO: Planning Commission Members FROM: David Mark Urbia, Management Assistant ITEM: ST. ANTHONY CLEANERS & LAUNDERERS, LTD. - CONCEPT REVIEW ------------------------------------------------------------------------------------------------------------------------- The site was purchased recently by Mr. Yash Patel of Plymouth. Mr. Patel will be opening a dry cleaning service at this site. In addition, Mr. Patel has an innovative idea in having drive through convenience. According to Mr. Patel, this concept is popular in California, but not present in Minnesota. The means in which Mr. Patel proposed to have drive through service at the current site (see attached drawing) would not work for two reasons: (1) traffic flow and (2) parking requirements from ordinance. City staff met with Mr. Patel in trying to find solutions to the Mr. Patel's desire to have drive through service, while addressing parking and traffic flow concerns. One idea discussed would put a drive through around the building, requiring the following changes: (1) the back of the lot to be filled in, (2) obtaining easement or' ownership to approximately six feet of Rapid Oil Change's property, and (3) moving an utility pole. Another idea discussed was to provide parking in the rear portion of the building, which would require this area to be filled in. This option would provide six parking spaces at best. The ordinance would require nine spaces (1 space per 300 square feet -- 36' x 69' = 2,484 sq. ft./300 sq. ft. = 8.28 or 9). would like input from the Planning Commission on any other ideas in order to assist Mr.. Patel. I would also like an indication on the Planning Commission accepting a variance for three parking spaces. BARRIER (LANDSCAPED) po �y Ao.5 38 I w x w . so' 41 n 3 6 ' ''Td,O 126 ' ST ANTHONY CLEANERS & LAUNDERERS, LTD 3005 37th AVENUE N E ST ANTHONY VILLAGE, MN 55421 612-788-0547 SCALE 1 in '= 20 ft PROPOSED CHANGES TO THE PARKING ORDINANCE Section-2, Subd. 2, paragraph 77(a) Vehicle -car,van, pickup, motorcycle, snowmobile, motorhome, camper, trailer, boat, truck, or similar item licensed by the State of Minnesota for use on roadways of waterways, but excluding bicycles.and mopeds. Section 2, Subd. 9, paragraph 13 All vehicles, as defined in Section 2, Subd. 2, paragraph 77(a) of this Appendix I, parked on any lot in an R-1, R-1A, R-2, or R-3 district shall be parked on a surface paved with asphalt or bituminous material, concrete,)cement, brick, or other paved surface, Ne4 driveway located in the front yard. No commercial, recreational vehicles, recreational trailers, watercraft or utility trailers will be permitted to be parked in front of the front yard setback in any R-1, R-1A, R-2 or R-3 district for more than any 48 hour-period. City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 1 1 HOUSING MAINTENANCE AND OCCUPANCY ORDINANCE 2 3 INTRODUCTION 4 5 PURPOSE. The purpose of this ordinance is to protect the public health, safety, and the 6 general welfare of the people of the City. These general objectives include, 7 among others, the following: 8 9 1. to protect the character and stability of residential area within the City; 10 11 1 to correct and prevent housing conditions that adversely affect or are likely to 12 adversely affect the life, safety, general welfare and health, including physical, 13 mental and social well-being of persons occupying dwellings within the City.of 14 St. Anthony; 15 16 3. to provide minimum standards for cooking, heating, and sanitary equipment 17 necessary to the health and safety of occupants of buildings; 18 19 4. to provide minimum standards for light and ventilation, necessary to health 20 and safety; 21 22 5. to prevent the .overcrowding of dwellings by providing minimum space 23 standards per occupant for each dwelling unit; 24 25 6. to provide minimum standards for the maintenance of existing residential 26 buildings, and to thus prevent slums and blight; 27 28 7. to preserve the value of land and buildings throughout the City. 29 30 With respect to rental disputes, and except as otherwise specifically provided by the 31 terms of this ordinance, it is not the intention of the City Council to intrude upon the fair 32 and accepted contractual relationship between tenant and landlord. The City Council does 33 not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be 34 receptive to complaints from tenant or landlord which -are not specifically and clearly 35 , relevant to the provisions of this ordinance. In the absence of such relevancy with regard 36 to rental disputes, it is intended that the contracting parties exercise such legal sanctions as 37 are available to them without the intervention of the City Council to interfere or permit 38 interference with legal rights to personal privacy. 39 40 APPLICABILITY OF ORDINANCE. Every building and its premises used in whole or in 41 part as a home or residence, or as an accessory structure thereof, for a single family or 42 person, and every building used in whole or in part as a home or residence for two or more City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 2 1 persons or families living in separate units shall conform to the requirements of this 2 ordinance, irrespective of when such building may have been constructed, altered,, or 3 repaired. This ordinance establishes minimum standards for erected dwelling units, 4 accessory structures, and related premises. If a minimum standard in this ordinance is in 5 question, the Minnesota Uniform Building Code, Minnesota State Electrical Code, 6 Metropolitan Wastewater Control Commission shall be referred to and be applicable in the 7 case that a standard in this ordinance is not as stringent/current as the referred to code. 8 9 SECTION 1. 10 11 DEFINITIONS. The following definitions shall apply in the'interpretation and enforcement 12 of this ordinance: 13 14 1. Accessory structure - a structure subordinate to the main or principal dwelling 15 or dwellings and which is not used nor authorized to be used for living or 16 sleeping by human occupants and which is located on the premises. 17 18 2. Building - any structure erected for the support, shelter, or enclosure of 19 persons, animals, chattels, or movable property of any kind. 20 21 3. Compliance Official - the City Manager and his/her designated agents 22 authorized to administer and enforce this ordinance. 23 24 4. -Dwelling - a building, or portion thereof, designed or used predominantly for 25 residential occupancy of a continued nature, including 1-family dwellings, 2- 26 family dwellings, and multiple family dwellings; but not including hotels and 27 motels. 28 29 5. Dwelling unit - a single residential accommodation which is arranged, 30 designed, used or, if vacant, intended for use exclusively as a domicile for one 31 family. Where a private garage is structurally attached, it shall be considered 32 as part of the building in which the dwelling unit is located. 33 34 6. Family or Household any of the following definitions shall apply: 35 36 - A person or persons related by blood, marriage, or adoption, together with 37 his/her or their domestic.servants or gratuitous guests, maintaining a common 38 household in a dwelling unit; 39 40 - Group or foster care of not more than six (6) wards or clients by an 41 authorized person or persons, related by blood, marriage, or adoption, 42 together with his/her or their domestic servants or gratuitous guests, all City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 3 1 maintaining a common household in a dwelling unit approved and certified by 2 the appropriate public agency; 3 4 - A group of not more than five (5) persons not related by blood, marriage, 5 or adoption maintaining a common household in a dwelling unit. 6 7 Current definition in the zoning ordinance: one person or two or more 8 persons each related to the others by blood, marriage, adoption. or foster 9 care. or a group of not more than the owner or a residence plus three persons 10 not so related occupying the residence and maintaining a common household 11 and using common cooking and kitchen facilities. 12 13 7. Flush water closet - a toilet, with a bowl and trap made in one piece, which 14 is connected to the Cityning three or more dwelling units. 15 16 14. Occupant - any person (including owner or operator) living, sleeping, cooking 17 and eating in a dwelling unit or living and sleeping in a rooming unit. 18 19 15. Operator - the owner or his/her agent who has charge, care, control, or 20 management of a building, or part thereof, in which dwelling units or rooming 21 units are let. 22 23 16. Owner - any person, firm or corporation who, alone, jointly, or severally with 24 others, shall be in actual possession of, or have charge, care or control of, any 25 dwelling, dwelling unit, or rooming unit within the City as owner, employee or 26 agent of the owner, or as trustee or guardian or the estate or person of the 27 title holder. Any such person representing the actual owner shall be bound 28 to comply with the provisions of this ordinance to the same extent as the 29 owner. 30 31 17. Permissible o water - water heated to a 32 temperature of not less than 120 33 degrees Fahrenheit, or such lesser 34 temperature required by 35 government authority, measured at 36 faucet outlet. 37 38 12. Kitchen - a space which contains a sink with counter working space, adequate 39 space for installing cooking and refrigeration equipment, and adequate space 40 for the storage of cooking utensils. 41 42 13. Multiple family dwelling - a dwelling or portion thereof containing three or City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 4 1 more dwelling units. 2 3 14. Occupant - any person (including owner or operator) living, sleeping, cooking 4 and eating in a dwelling unit or living and sleeping in a rooming unit. 5 6 15. Operator - the owner or his/her agent who has charge, care, control, or 7 management of a building, or part thereof, in which dwelling units or rooming 8 units are let. 9 10 16. Owner - any person, firm or corporation who, alone,jointly, or severally with 11 others, shall be in actual possession of, or have charge, care or control of, any 12 dwelling, dwelling unit, or rooming unit within the City as owner, employee or 13 agent of the owner, or as trustee or guardian or the estate or person of the 14 title holder. Any such person representing the actual owner shall be bound 15 to comply with the provisions of this ordinance to the same extent as the 16 owner. 17 18 17. Permissible occupancy- the maximum number of persons permitted to reside 19 in a dwelling unit or rooming unit. 20 21 18. Person - an individual, firm, partnership, association, corporation or joint 22 venture or organization of any kind. 23 24 19. Plumbing - all of the following supplied facilities and equipment in a dwelling: 25 gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal 26 units, waste pipes, water closets, sinks, installed dishwashers, lavatories, 27 bathtubs, shower baths, installed clothes washing machines, catch basins, 28 drains, vents, and any other similar fixtures and the installation thereof, 29 together with all connections to water, sewer and gas lines. 30 31 20. Premises - a platted lot or part thereof or unplatted parcel of land, either 32 occupied or unoccupied by any dwelling or nondwelling structure, including 33 such building, accessory,structure or other structure thereon. 34 35 21. Public hall - a 'hall, corridor or passageway for providing egress from a 36 dwelling unit to a public way and not within the exclusive control of one 37 family. 38 39 22. Recyclables - Materials which may be recycled or reused through recycling 40 processes, including metal beverage containers,glass, newsprint, plastic bottles 41 with necks, corrugated cardboard, magazines, catalogs, phone books and any 42 other materials designated as recyclables by Council resolution. City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 5 1 23. Refuse - all putrescible and nonputrescible waste solids including garbage and 2 rubbish. 3 4 24. Rental dwelling or dwelling unit - a dwelling or dwelling unit let for rent or 5 lease. 6 7 25. Repair - to restore to a sound and acceptable state of operation, serviceability 8 or appearance. 9 10 26. Rodent harborage - any place where rodents can live, nest, or seek shelter. 11 12 27. Rooming unit - any room or group of rooms forming a single habitable unit 13 used or intended to be used for living and sleeping, but not for cooking and 14 eating purposes. 15 16 28. Rubbish - nonputrescible solid wastes consisting of both combustible and 17 noncombustible wastes, such as non-recyclable glass, crockery, cans, paper, 18 boxes, rags and similar non-putrescible materials. Some materials may be 19 recycled or must be disposed of in a separate or different manner. 20 21 29. Safe - the condition of being reasonably free from danger and hazards which 22 may cause accidents or disease. 23 24 30. Substandard dwelling - any dwelling which does not conform to the minimum 25 standards established by City Ordinance. 26 27 31. Supplied - paid for, furnished by, provided by or under the control of the 28 owner, operator, or agent of a dwelling. 29 30 32. Meaning of certain words - whenever the words "dwelling", "dwelling unit", 31 "premises", or "structure" are used in this ordinance, they shall be construed 32 as though they were followed by the words "or any part thereof'. 33 34 33. Undefined Words - Words not specifically defined in this ordinance shall have 35 the common definition set forth in a standard dictionary. 36 37 SECTION 2. 38 39 RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall 40 occupy or.let to another person any dwelling, dwelling unit or rooming unit unless it and the 41 premises are clean, sanitary, fit for human occupancy, and comply with all applicable.legal 42 requirements of the State of Minnesota and the City of St. Anthony, including.the following City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 6 1 requirements: 2 3 MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a dwelling 4 containing two or more dwelling units shall maintain in a clean and sanitary condition the 5 shared or public areas of the dwelling and premises thereof. 6 7 MAINTENANCE OF OCCUPIED AREAS. Every occupant of a dwelling, dwelling unit 8 or rooming unit shall maintain in a clean and sanitary condition that part or those parts of 9 the dwelling, dwelling unit and premises thereof that he/she occupies and controls. 10 11 STORAGE AND DISPOSAL OF REFUSE AND RECYCLABLES. Every occupant of a 12 dwelling, dwelling unit or rooming unit shall store and dispose/recycle of all his/her refuse 13 and recyclables in a clean, sanitary, and safe manner as prescribed by Chapter ### of the 14 City Ordinances. Every owner of a multiple family dwelling shall supply facilities for the 15 sanitary and safe storage and/or disposal/recycling refuse/recyclables. In the case of single 16 or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities. 17 18 RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner 19 of a rental dwelling unit shall be responsible for providing and hanging all screens and storm 20 doors and storm windows whenever the same are required under the provisions of this 21 ordinance. 22 23 RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling 24 containing a single dwelling unit shall be responsible for the extermination of vermin 25 infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling 26 containing more than one dwelling unit shall be responsible for such extermination whenever 27 his/her dwelling unit is the only one infested. Notwithstanding, however, whenever 28 infestation is caused by the failure of the owner to maintain a dwelling in a rodent-proof or 29 vermin-proof condition, extermination shall be the responsibility of the owner. Whenever 30 infestation exists in two or more of the dwelling units in any dwelling, or in the shared or 31 public parts of any dwelling containing two or more dwelling units, extermination shall be 32 the responsibility or the owner. 33 34 RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a 35 dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar 36 materials in such a manner that may provide a rodent harborage in or about any dwelling 37 or dwelling unit. Stored materials shall be stacked neatly in piles. Certain materials, such 38 as firewood, should be elevated at least one foot to avoid attracting rodents. 39 40 RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner shall 41 accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar 42. materials in such a manner that may provide a rodent. harborage in or about shared or City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 7 1 public areas of a dwelling or its premises. Materials stored by the owner or permitted-to be 2 stored by the owner shall be stacked neatly in piles. 3 4 PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a dwelling or 5 dwelling unit shall store, place, or allow to accumulate any materials that may serve as food - 6 for rodents in a site accessible to rodents. 7 8 SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a 9 dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary 10 condition and shall be responsible for the exercise of reasonable care in the proper use-and 11 operation thereof. 12 13 MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or 14 rooming unit when the control of the supplied heat is the responsibility of a person other 15 than the occupant, the supply must be zoned controlled and at a temperature of at least 68 16 degrees Fahrenheit, or such lesser temperature required by government authority, shall be 17 maintained at a distance of three feet above the floor and three feet from exterior walls in 18 all habitable rooms, bathrooms, and water closet compartments. 19 20 REMOVAL OF SNOW AND ICE. The owner of a multiple family dwelling or dwellings 21 shall be responsible for the removal of snow and ice from parking lots, driveways, steps and 22 walkways on the premises. Individual snowfalls of three inches or more, or successive 23 snowfalls accumulating to a depth of three inches, shall be removed from parking lots and 24 driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch 25 or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from 26 steps and walkways within eight hours after cessation of the snowfall. 27 28 Current ordinance: All snow 12 hours after fall is a nuisance. 29 30 MINIMUM EXTERIOR LIGHTING. The owner of a multiple family dwelling shall be 31 responsible for providing and maintaining effective illumination in all exterior parking lots 32 and walkways. 33 34 MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a multiple 35 family dwelling or dwellings shall be responsible for providing and maintaining in good 36 condition paved and delineated parking areas and driveways for tenants consistent with 37 Chapter ### of the City Ordinances. 38 39 MAINTENANCE OF YARDS. The owner of a multiple family dwelling or dwellings shall 40 be responsible for providing and maintaining premises' yards consistent with Section 41 #####. 42 City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 8 1 SECTION 3. 2 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person 4 shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling 5 unit, for the purposes of living, sleeping, cooking and eating therein, which does not comply 6 with the following requirements: 7 8 KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in 9 which food may be prepared and/or cooked and which shall have adequate circulation area, 10 and which shall be equipped with the following: 11 12 1. A kitchen sink in good working condition and properly connected to an 13 approved water supply system and which provides at all times an adequate 14 amount of heated and unheated running water under pressure, and which is 15 connected to an approved sewer system. 16 17 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking 18 equipments and utensils and of food that does not require refrigeration for 19 safekeeping; and a counter or table for food preparation. Said cabinets 20 and/or shelves and counter or table shall be adequate for the permissible 21 occupancy of the dwelling unit and shall be of sound construction furnished 22 with surfaces that are easily cleanable and that will not impart any toxic or 23 deleterious effect to food. 24 25 3. A stove or similar device for cooking food, and a refrigerator or similar device 26 for the safe storage of food, which are properly installed with all necessary 27 connections for safe, sanitary and efficient operation. Provided that such 28 stove, refrigerator, or similar devices need not be installed when a dwelling 29 unit is not occupied and when the occupant is expected to provide same on 30 occupancy, in which case sufficient space and adequate connections for the 31 installation and operation of said stove, refrigerator or similar device must be 32 provided. 33 34 TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room which 35 is equipped with a flush water closet in good working condition. In a rental dwelling unit, 36 such room shall have an entrance door which affords privacy. Said flush water closet shall 37 be equipped with easily cleanable surfaces, shall be connected to an approved water system 38 that at all times provides an adequate amount of running water under pressure to cause the 39 water closet to be operated properly, and shall be connected to an approved sewer system. 40 41 LAVATORY SINK. Within every dwelling unit there shall be a lavatory sink. Said lavatory 42 sink may be in the same room as the flush water closet, or if located in another room, the City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 9 1 lavatory sink shall be located in close proximity to the door leading directly into the room 2 in which said water closet is connected to an approved water supply system and shall provide 3 at all times an adequate amount of heated and unheated running water under pressure, and 4 shall be connected to an approved sewer system. 5 6 BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room 7 which is equipped with a bathtub or shower in good working condition. In a rental dwelling 8 unit, such room shall have an entrance door which affords privacy. Said bathtub or shower 9 may be in the same room as the flush water closet, or in another room, and shall be 10 properly connected to an approved water supply system and shall provide at all times an 11 adequate amount of heated and unheated water under pressure, and shall be connected to 12 an approved sewer system. 13 14 STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a 15 dwelling and every porch or balcony, shall be kept in safe condition and sound repair and 16 shall be in compliance with minimum standards in the Minnesota Uniform Building Code. 17 Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every 18 handrail and balustrade shall be firmly fastened and maintained in good condition. No flight 19 of stairs shall have settled out of its intended position or have pulled away from the 20 supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have 21 rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads 22 and risers of every flight of stairs shall be uniform in width and height. 23 24 ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be 25 provided without passing through any other dwelling unit. 26 27 DOOR LOCKS AND SECURITY. No owner shall occupy nor let to another for occupancy 28 any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are 29 equipped with safe, functioning locking devices. Any door for ingress or egress of any 30 dwelling or dwelling unit shall be equipped with an approved lock that has a.dead-locking 31 bolt that cannot be retracted by end pressure, however, that such door shall be openable 32 from the inside without the use of a key or any special knowledge or effect. Multiple family 33 dwellings shall be furnished with door locks as follows: 34 35 (a) Multiple Family Dwelling Securit Systems. For the purpose of providing a 36 reasonable amount of safety and general welfare for persons occupying 37 multiple family dwellings, an approved security system shall be maintained for 38 each multiple family building to control access. The security system shall 39 consist of locked building entrance or foyer doors, and locked doors leading 40 from hallways into individual dwelling units. Dead-latch type door locks shall 41 be provided with lever knobs (or door knobs) on the inside of building 42 entrance doors and with key cylinders on the outside of building entrance City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 10 1 doors. Building entrance door latches shall be of a type that are permanently 2 locked from the outside and permanently unlocked from the inside. 3 4 (b) Dwelling Unit Door Locks. Every door that is designed to provide ingress or 5 egress for a dwelling unit within a multiple family building shall be equipped 6 with an approved lock that has a dead-locking bolt that cannot be retracted 7 by end pressure, however, than such door shall be openable from the inside 8 without the use of a key or any special knowledge or effect. 9 10 SUMP PUMP WELLS. At the point of sale of a dwelling unit, sump pumps and drain tile 11 must be inspected to ensure that they are not connected in any manner to the sanitary sewer 12 system. If the Compliance Officer determines the sump pump or drain tile is connected to 13 the sanitary sewer system, the situation must be corrected before the dwelling unit is 14 considered in compliance to be solied with electric service, functioning over current 15 protection devices, electric outlets, and electric fixtures which are properly installed, which 16 shall be maintained in good and safe working conditions, and shall be connected to a source 17 of electric power in a manner prescribed by the ordinances, rules and regulations of the City 18 of St. Anthony and by the laws of the State of Minnesota. The minimum capacity of such 19 electric service and the minimum number of electric outlets and fixtures shall comply with 20 the current Minnesota State Electrical Codes. 21 22 MINIMAL THERMAL STANDARDS. No person shall occupy as owner, occupant or let 23 to another for occupancy any dwelling or dwelling unit for the purpose of living therein, 24 which does not have heating facilities which are properly installed, and which are maintained 25 in safe and good working condition, and which are capable of safely and adequately heating 26 all habitable rooms, bathroom, and water closet compartments in every dwelling uards in the 27 Minnesota Uniform Building Code. 28 29 NONHABITABLE ROOM VENTILATION. Every bathroom and water closet 30 compartment, and every laundry and utility room shall contain at least 50% of the ventilation 31 requirement for habitable rooms contained in Section#####,except that no windows shall 32 be required if such rooms are equipped with a ventilation system which is approved by the 33 Compliance Official. 34 35 ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public 36 and common areas shall be supplied with electric service,functioning over current protection 37 devices, electric outlets, and electric fixtures which are properly installed, which shall be 38 maintained in good and safe working conditions, and shall be connected to a source of 39 electric power in a manner prescribed by the ordinances, rules and regulations of the City 40 of St. Anthony and by the laws of the State of Minnesota. The minimum capacity of such 41 electric service and the minimum number of electric outlets and fixtures shall comply with 42 the current Minnesota State Electrical Codes. City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 11 1 MINIMAL THERMAL STANDARDS. No person shall occupy as owner, occupant or let 2 to another for occupancy any dwelling or dwelling unit for the purpose of living therein, 3 which does not have heating facilities which are properly installed, and which are maintained 4 in safe and good working condition, and which are capable of safely and adequately heating 5 all habitable rooms, bathroom, and water closet compartments in every dwelling unit located 6 therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above 7 floor level and three feet from exterior walls at an outside temperature of -25 degrees 8 Fahrenheit. Gas or electric appliance designed primarily for cooking or water heating 9 purposes shall not be considered as heating facilities within the meaning of this section. 10 Portable heating equipment employing flame and the use of liquid fuel does not meet the 11 requirements of this section and is prohibited. No owner or occupant shall install, operate 12 or use a space heater employing a flame that is not vented outside the structure in an 13 approved manner. 14 15 16 GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to 17 another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which 18 does not comply with the following requirements: 19 20 FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls and 21 exterior roof shall be substantially water tight and protected against vermin and rodents and 22 shall be kept in sound condition and repair. The foundation element shall adequately 23 support the building at all points. Every exterior wall shall be free of deterioration, holes, 24 breaks, loose or rotting boards or timbers, and any other condition which might admit rain 25 or dampness to the interior portion of the walls or to the exterior spaces of the dwelling. 26 The roof shall be tight and have no defects which admits rain, and roof drainage shall be 27 adequate to prevent rain water from causing dampness in the walls. All exterior wood 28 surfaces, other than decay resistant woods, shall be protected from the elements and decay 29 by paint or other protective covering or treatment. If 25% or more of the exterior surface 30 is unpainted or determined by the Compliance Official to be paint blistered, the surface shall 31 be painted. If 25% or more of the exterior surface of the pointing of any brick, block or 32 stone wall is loose or has fallen out, the surface_ shall be repaired. 33 34 WINDOWS, DOORS AND SCREENS. Every window, exterior door, and hatchway shall 35 be substantially tight and shall be kept in sound condition and repair. Every window, other 36 than a fixed window or storm window, shall be capable of being easily opened. Every 37 window, door and frame shall be constructed and maintained in such relation to the adjacent 38 wall construction as to completely exclude rain, wind, vermin and rodents from entering the 39 building. Every openable window or other device required by Section #### shall be 40 supplied with 16 mesh screens during the insect season. 41 .42 FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 12 1 shall be adequately protected against the passage and harborage of vermin and rodents, and 2 shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, 3 protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes 4 and large cracks and, loose plaster and shall be maintained in a tight, weatherproof 5 condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every 6 toilet room and bathroom floor shall be capable of being easily maintained in a clean and 7 sanitary condition. 8 9 RODENT PROOF. Every dwelling and accessory structure and the premises upon which 10 located shall be maintained in a rodent-free and rodent-proof condition. All openings in the 11 exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2" 12 diameter or large opening shall be rodent-proofed in an approved manner. Interior floors 13 or basements, cellars and other areas in contact with the soil shall be paved with concrete 14 or other rodent impervious material. 15 16 FENCE MAINTENANCE. All fences supplied by the owner or agent on the premises and 17 all fences erected or caused to be erected by an occupant on the premises shall consist of 18 metal,wood, masonry,'or other decay resistant material. Fences shall be maintained in good 19 condition both in appearance and in structure. Wood material, other than decay resistant 20 varieties, shall be protected against decay by use of paint or other preservatives. All exterior 21 wood surfaces, other than decay resistant woods, shall be protected from the elements and 22 decay by paint or other protective covering or treatment. .If 25% or more of the exterior 23 surface is unpainted or determined by the Compliance Official to be paint blistered, the 24 surface shall be painted. If 25% or more of the exterior surface of the pointing of any brick, 25 block or stone wall is loose or has fallen out, the surface shall be repaired. Fences, when 26 constructed to enclose any lot or tract of land shall be located in such a way that the entire 27 fence shall be on the property of the builder thereof. Posts and framework shall be placed 28 within the property lines of the owner and the actual fencing material such as wire, lumber, 29 pickets, etc. shall be placed on the side of the fence which faces the street or the adjacent 30 property. 31 32 ACCESSORY STRUCTURE MAINTENANCE. Accessory structures supplied by the 33 owner, agent or tenant occupant on the premises of a dwelling shall be structurally sound, 34 and be maintained in good repair and appearance. The exterior of such structures shall be 35 made weather resistant through the use of decay-resistant materials such as paint or other 36 preservatives. All exterior wood surfaces, other than decay resistant woods, shall be 37 protected from the elements and decay by paint or other protective covering or treatment. 38 If 25% or more of the exterior surface is unpainted or determined by the Compliance 39 Official to be paint blistered, the surface shall be painted. If 25% or more of the exterior 40 surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface 41 shall be repaired. 42 City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 13 1 SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, 2 ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, 3 shall be safe to use and capable of supporting loads that normal use may cause to be placed 4 thereon. 5 6 FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility 7 required under City Ordinances and every chimney and flue shall be installed and 8 maintained and shall function effectively in a safe, sound and working condition. 9 10 GRADING AND DRAINAGE. Every yard, court, passageway, and other portions in the 11 premises on which a dwelling stands shall be graded and drained so as to be free of standing 12 water that constitutes a detriment to health and safety. 13 14 UNIT BELOW GRADE. No space located more than four feet below grade shall be used 15 as a habitable room of a dwelling unless approved by the Compliance Official. Approval 16 shall be based on compliance with the minimum standards of this Code for habitable rooms. 17 18 YARD COVER. Every yard of a premises of which a dwelling stands shall be provided 19 with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related 20 decorative materials and such yard shall be maintained consistent with prevailing community 21 standards. It shall be unlawful for any owner of any occupied or unoccupied lot or parcel 22 of land to permit or maintain on such any growth of weeds, grass, brush or other rank 23 vegetation to a greater height than eight (8") inches on the average or any accumulation of 24 dead weeds, grass or brush. It shall also be unlawful for any such person or persons to 25 cause, suffer or allow noxious weeds or plants identified and defined by the Minnesota 26 Department of Agriculture to grow on any such lot or parcel of land. Native grasses 27 indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, 28 setback a minimum of twenty (20') feet from the front property line as part of a garden or 29 landscape treatment are exempt from this ordinance. 30 31 DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant 32 shall cause any service, facility, equipment or utility which is required under this ordinance, 33 to be removed from or shut off from or discontinued for any occupied dwelling or dwelling 34 unit let or occupied by him/her, except for such temporary interruptions as may be necessary 35 while actual repairs or alterations are in process, or during temporary emergencies. 36 37 38 39 40 SECTION 4. 41 42 MAXIMUM DENSITY. MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 14 1 No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for 2 the purpose of living therein, which does not comply with the following requirements: 3 4 PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners 5 occupying a respective dwelling unit prior to 1940, the maximum permissible occupancy of 6 any dwelling unit shall be determined by reference to the current Minnesota Uniform 7 Building Codes. 8 9 ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary 10 guests, shall occupy a dwelling unit. 11 12 MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear 13 ceiling height of not less than seven feet, six inches, except that in attics or top-half stories 14 used for sleeping, study, or similar activities, the ceiling height shall be not less than seven 15 feet six inches over at least one-half of the floor area. In calculating the floor area of such 16 rooms in attics or top-half stories, only those portions of the floor area of the room having 17 a clear ceiling height of five feet or more may be included: Open beam ceilings shall have 18 a clear ceiling height of seven feet. 19 20 ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit build 21 after 1940 and containing two or more sleeping rooms shall have a room arrangement such 22 that access to a bathroom or water closet compartment intended for use by occupants of 23 more than one sleeping room can be gained only by going through another sleeping room, 24 nor shall the room arrangement be such that access to a sleeping room can be gained only 25 be going though another sleeping room. A bathroom or water closet compartment shall not 26 be used as the only passageway to any habitable room, hall, basement or cellar or to the 27 exterior of any dwelling unit. City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 15 1 INSPECTION AND LICENSING OF 2 APARTMENT HOUSE AND RENTAL HOMES 3 4 PURPOSE. It is the purpose of this ordinance to protect the health, safety and welfare of 5 citizens of the City who have as their place of abode a living unit in a multiple dwelling. 6 7 INTENTION. It is the intention of this ordinance that a mode of protecting and regulating 8 the living conditions of citizens residing in multiple dwellings in the City be established, and 9 that uniform standards be established for all multiple dwellings in the City. 10 11 LICENSE REQUIRED. No person, partnership, corporation or other group or entity shall 12 own or operate a multiple dwelling in the City without the owner of the multiple dwelling 13 first having obtained a license in accordance with this ordinance. 14 15 APPLICATION FOR LICENSES. Applications for licenses shall,be made in writing to the 16 Clerk by the owner of the multiple dwelling on forms provided by the City. The purchaser 17 of a multiple dwelling may apply as the 'owner'; provided, however, that any license issued 18 pursuant to an application by a purchaser shall be contingent upon closing the purchase and 19 upon the applicant becoming the owner. Applications shall include, but not be limited to, 20 the following information with respect to the multiple dwelling: 21 22 Name and address of owner. 23 24 Name and address of a person residing or having a business office in Hennepin or 25 Ramsey County, Minnesota and appor of a multiple dwelling or to any other person 26 or entity. If a multiple dwelling is sold, the purchaser shall not own or operate the 27 multiple dwelling without first obtaining the license provided for in this ordinance. 28 A license shall be valid for one year from the date issued, and shall terminate on a 29 date one year after the date of issuance unless renewed in accordance with the 30 ordinance. 31 32 RENEWAL. Applications for renewal of a license for a multiple dwelling shall be made in 33 writing to the City Clerk on forms provided by the City. Applications for renewal shall 34 contain the same information as applications for licenses, but may be signed by an agent or 35 manager on behalf of the owner if there has been no change in the information contained 36 in the most recent application on file. 37 38 LICENSE FEES. License fees for initial applications and renewals shall be in the amounts 39 set from time to time by resolution of the City Council. 40 41 POSTING. Every licensee of a multiple dwelling shall post the current annual 1pplication 42 shall constitute (i) a consent by the owner to be bound by notices sent to the person referred City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 16 1 to in subdivision xxxx of section xxxx of this ordinance, and (ii) appointment of said person 2 as the owner's agent for the purpose of service of process. 3 4 ISSUANCE AND TERM. Upon approval by the City Council, the City Clerk shall issue 5 a license to the owner of the multiple dwelling. A license shall be personal to the owner of 6 a specified multiple dwelling. No license may be transferred to a purchaser of a multiple 7 dwelling or to any other person or entity. If a multiple dwelling is sold, the purchaser shall 8 not own or operate the multiple dwelling without first obtaining the license provided for in 9 this ordinance. A license shall be valid for one year from the date issued, and shall 10 terminate on a date one year after the date of issuance unless renewed in accordance with 11 the ordinance. 12 13 RENEWAL Applications for renewal of a license for a multiple dwelling shall be made in 14 writing to the City Clerk on forms provided by the City. Applications for renewal shall 15 contain the same information as applications for licenses, but may be signed by an agent or 16 manager on behalf of the owner if there has been no change in the information contained 17 in the most recent application on file. 18 19 LICENSE FEES. License fees for initial applications and renewals shall be in the amounts 20 set from time to time by resolution of the City Council. 21 22 POSTING. Every licensee of a multiple dwelling shall post the current annual license issued 23 by the City Clerk in a frame with a glass covering in a conspicuous location in a public -24 _-corridor,.hallway, or lobby of the multiple dwelling for which it is issued. 26 TENANT REGISTER. The licensee shall, as a continuing obligation of its license, maintain 27 a current register of tenants and other persons who have a lawful right to occupancy of 28 apartments within the apartment house. In its application, the licensee shall designate the 29 person or persons who will have possession of the register; and shall promptly notify the City 30 Manager of any change of the identity, address or telephone numbers of such persons. The 31 register shall be available for inspection by the City Manager, or his/her 32 designate, at all times. 33 34 INSPECTIONS. 35 36 The City Manager and his/her delegated inspectors are hereby authorized to make 37 inspections reasonably necessary to the enforcement of this ordinance, but at least 38 annually. 39 40 All police officers, sanitarians, or health officers of the City may inspect a multiple 41 dwelling when requested by the City Manager. 42 City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 17 1 All persons authorized to inspect shall have the authority to enter, at reasonable 2 times, any multiple dwelling licensed pursuant to this ordinance. 3 4 Persons inspecting a multiple dwelling shall notify the licensee of all violations, if any, 5 by written notice. The notice shall direct compliance in not less than 15 days, unless 6 extended by the City Manager for good cause. 7 8 REVOCATION OR SUSPENSION. 9 10 Every license issued under this ordinance is subject to the right, which is hereby expressly 11 reserved, to suspend or revoke the same should the licensee or the licensee's agents, 12 employees, representatives or lessees directly or indirectly operate or maintain a multiple 13 dwelling contrary to the provisions of state or federal law, this.or any other ordinance of the 14 City, or any permit issued by the City. 15 16 A license may be suspended or revoked by the Council after written notice to the licensee 17 specifying the violations. The notice shall also specify the date for a hearing before the 18 Council, which "shall not be less than 10 days after the date of the notice. 19 20 At the hearing, the licensee may present any evidence relevant to the violations specified in 21 the notice. 22 23 After a hearing, the Council may suspend or revoke the license if deemed necessary to 24 protect the public health, safety or welfare. 25 26 SUMMARY ACTION.. 27 28 When the conduct of a licensee or the licensee's agent, representative, employee of lessee, 29 or the condition of the licensed multiple dwelling, constitutes a nuisance, fire or health 30 hazard, unsafe or dangerous condition, or other emergency, the City Manager may 31 summarily condemn or close off the multiple dwelling or a portion thereof. 32 33 Any person aggrieved by a decision of the City Manager shall be entitled to appeal to the 34 Council, immediately, by filing a notice of appeal with the Manager. The Manager shall 35 schedule a date for hearing before the Council and notify the aggrieved person of the date. 36 37 The hearing shall be conducted in the same manner as if the aggrieved person had not 38 received summary action. 39 40 The decision of the City Manager shall not be voided by the filing of such appeal. Only 41 after the City Council has held its hearing will the decision of the City Manager be affected. 42 City of Saint Anthony Housing Maintenance Ordinance Draft Number 3 -- March 23, 1992 Page Number 18 1 APPLICABLE LAWS. Licenses shall be subject to state and federal laws and all ordinances 2 of the City relating to multiple dwellings; and this ordinance shall not be deemed to 3 supersede or limit any other applicable law or ordinance. 4 5 PENALTIES. Each violation of this ordinance shall be subject to the penalties set 6 forth in Subdivision 1 of Section 1100:00 of the 19xx Code of Ordinances. PROPOSED CHANGES TO TITS PARKING ORDINANCE Section 2, Subd. 2, paragraph 77(a) Vehicle - car,van, pickup, motorcycle, snowmobile, motorhome, camper, trailer, boat, truck, or similar item licensed by the State of Minnesota for use on roadways of waterways, but excluding bicycles and mopeds. Section 2, Subd. 9, paragraph 13 All vehicles, as defined in Section 2, Subd. 2, paragraph 77(a) of this Appendix I, parked on any lot in an R-1, R-1& R-2, or R-3 district shall be parked on a surface paved with asphalt or bituminous material, concrete, cement, brick, or other paved surface, driveway located in the front yard. No commercial, recreational vehicles, recreational trailers, watercraft or utility trailers will be permitted to be parked in front of the front,yard setback in any R-1, R-1A, R-2, or R-3 district for more than any 48 hour period. CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING 4 5 MARCH 24 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order by Mayor Ranallo at 7 : 30 p.m. 11 who led the Pledge of Allegiance. 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo, Councilmembers Fleming and 16 Wagner 17 18 Council Absent : Councilmembers Marks and Enrooth 19 20 Staff Present : City Manager Burt and City Attorney Soth 21 22 23 3 . APPROVAL OF MARCH 24 , 1992 COUNCIL AGENDA 24 25 Motion by Wagner, second by Ranallo to approve the agenda for 0 the March 24 , 1992 Council Meeting with one addition: 28 Request of Knights of Columbus to hold its Tootsie Roll 29 Fundraiser in the City of St . Anthony. 30 31 Motion carried unanimously 32 33 4 . APPROVAL OF MARCH 10 , 1992 COUNCIL MEETING MINUTES 34 -35 Motion by Wagner, second by Fleming to approve the minutes of 36 the March 10 , 1992 Regular Council Meeting with the following 37 corrections : 38 39 page 7 , line 22 : Change the word "permit" to "license" 40 page 7 , lines 31/32 : Delete the phrase "could never be done 41 satisfactorily" and replace with "would be very difficult to 42 be done" 43 page 12 , line 6: Change "#88" to "#8" 44 page 16, lines 13/14 : Delete all of the verbiage on lines 13 45 and 14 and replace with the following: "an additional s.ign 46 which reads, "Drive Safely, Protect Our Children" with the 47 Kiwanis Club logo to be added to the bottom of the signs . " 48 49 Motion carried unanimously 50 APPROVAL OF MARCH 14 , 1992 SPECIAL COUNCIL MEETING MINUTES Motion by Fleming, second by Ranallo to approve the minutes of 54 the March 14 , 1992 Special Council Meeting with the following 1 REGULAR COUNCIL MEETING • 2 MARCH 24 , 1992 3 PAGE 2 4 5 6 correction: 7 8 page 1 , line 8 : Add to the beginning of the sentence, "Some 9 of" 10 11 Motion carried unanimously 12 13 S. LICENSES/PERMITS/PETITIONS 14 15 Amusement Device Licenses: 16 17 Motion by Fleming, second by Wagner to approve fourteen 18 amusement device licenses for Minneapolis Bowl-O-Mat at Apache 19 Plaza. 20 21 Motion carried unanimously 22 23 Motion by Fleming, second by Wagner to approve two amusement 24 device licenses for Slick ' s Alternative, 2450 38th Avenue 25 Northeast . 26 27 •28 Motion carried unanimously 29 30 31 Motion by Fleming, second by Wagner to approve six amusement 32 device licenses for St . Anthony Lanes, 2654 Kenzie Terrace. 34 35 Motion carried unanimously 36 37 38 Motion by Fleming, second by Wagner to approve three amusement 39 device licenses for Pizza Hut , 3801 Stinson Boulevard 40 Northeast . 41 42 43 Motion carried unanimously 44 45 Cigarette Licenses : 46 47 Motion by Fleming, second by Wagner to approve the cigarette 48 machine license for St . Anthony Mobil . 49 50 Motion carried unanimously 51 52 • 53 54 REGULAR COUNCIL MEETING MARCH 24 , 1992 3 PAGE 3 4 5 6 Motion by Fleming,, second by Wagner to approve the cigarette 7 machine license for St . Anthony Lanes, Inc. 8 9 Motion carried unanimously 10 11 12 Motion by Fleming, second by Wagner to approve the cigarette 13 machine license for Slick' s Alternative. 14 15 16 Motion carried unanimously 17 18 Motion by Fleming, second by Wagner to approve the cigarette 19 machine license for Speedy Markets, Inc. 20 21 Motion carried unanimously 22 23 Motion by Fleming, second by Wagner to approve the cigarette 24 machine license for Town & Country Foods . 25 26 Motion carried unanimously 10 Motion by Fleming, second by Wagner to approve the cigarette 29 machine license for Dick ' s Amoco Food Shop. 30 31 Motion carried unanimously 32 33 Motion by Fleming, second by Wagner to approve - the cigarette 34 machine license for Apache New Market . 35 36 Motion carried unanimously 37 38 Bench License: 39 40 Motion by Fleming, second by Wagner to approve the bench 41 license for U.S. Bench Corporation of Minneapolis, Mn. 42 43 Motion carried unanimously 44 45 46 Bowlina Alley License: 47 48 Motion by Fleming, second by Wagner to approve the bowling 49 alley .license for St . Anthony Lanes , Inc. 50 51 4 Motion carried unanimously 54 1 REGULAR COUNCIL MEETING • 2 MARCH 24 , 1992 3 PAGE 4 4 5 Garbaae Hauler Licenses : 6 7 Motion by Fleming, second by Wagner to approve the garbage 8 hauler license for Larry' s Quality Sanitation of Ramsey, Mn. 9 10 it Motion carried unanimously 12 13 14 Motion by Fleming, second by Wagner to approve the garbage 15 hauler license for Nitti Disposal , Inc. of Eagan, Mn. 16 17 18 Motion carried unanimously 19 20 Juke Box Licenses : 21 22 Motion by Fleming, second by Wagner to approve the juke box 23 license for Slick' s Alternative. 24 25 ' Motion carried unanimously 26 • 27 28 Motion by Fleming, second by Wagner to approve the juke box 29 license for .Pizza Hut . 30 31 Motion carried unanimously _ 32 - -- - - - - - - - — _ 33 34 3 . 2 "On Sale" Beer Licenses : 35 36 Motion by Fleming, second by Wagner to approve the 3 . 2 "On 37 Sale" beer license for Pizza Hut , 38th and Stinson Boulevard. 38 39 Motion carried unanimously 40 41 42 Motion by Fleming, second by Wagner to approve the 3 . 2 "On 43 Sale" beer license for St-. Anthony Lanes . 44 45 Motion carried unanimously 46 47 3 . 2 "Off Sale" Beer Licenses: 48 49 Motion by Fleming, second by Wagner to approve the 3 . 2 "Off 50 Sale" beer license for Town and Country Foods, St . Anthony 51 Shopping Center. 52 •53 Motion carried unanimously 54 REGULAR COUNCIL MEETING MARCH 24 , 1992 3 PAGE 5 4 5 6 Motion by Fleming, second by Wagner to approve the 3 . 2 "Off 7 Sale" beer for the Speedy Market #- 7 , 32nd Avenue and Stinson 8 Boulevard. 9 - 1.0 Motion carried unanimously 11 12 Motion by Fleming, second by Wagner to approve the 3 . 2 "Off 13 Sale" beer license for Berggren ' s Market Enterprises, Inc. 14 (Apache New Market ) . 15 16 Motion carried unanimously 17 18 Service Station Licenses : 19 20 Motion by Fleming, second by Wagner to approve the service 21 station license for St . Anthony Unocal , Inc . 22 23 Motion carried unanimously 24 25 Motion by Fleming, second by Wagner to approve the service station license for Dick ' s Amoco Food Shop. 28 Motion carried unanimously 29 30 Motion by Fleming, second by Wagner to approve the service 31 station license for Dick' s St . Anthony 66. _ 32 33 Motion carried unanimously 34 35 Motion by Fleming, second by Wagner to approve the service 3.6 station license for St . Anthony Mobil . 37 38 Motion carried unanimously 39 40 Motion by Fleming, second by Wagner to approve the service 41 station license for Speedy Market # 7 . 42 43 Motion carried unanimously 44 45 Vendina Machine Licenses: 46 47 Motion by Fleming, second by Wagner to approve the vending 48 machine license for St . Anthony Lanes, Inc. 49 50 Motion carried unanimously 51 0 54 v 4v 1 REGULAR COUNCIL MEETING 2 MARCH 14 , 2992 3 PAGE 6 4 5 6 Motion by Fleming, second by Wagner to approve the vending 7 machine license for Woodside Vending, Inc. 8 9 Motion carried unanimously 10 it Motion by Fleming, second by Wagner to approve the vending 12 machine license for Pizza Hut . 13 14 Motion carried unanimously 15 16 Knights of Columbus Tootsie Roll Fundraiser 17 18 Ray Eklund, 3120 Wilson Street Northeast , a Trustee of the 19 Knights of Columbus , Council #4381 , is requesting permission 20 for members of the organization and their families , to solicit 21 donations through their Tootsie Roll promotion. He advised 22 that these solicitations will only take place in front of 23 businesses and firms where permission has been given by the 24 respective owners to so do. 25 26 The dates of the solicitations are April 25 , 26 and 27 . The 27 proceeds of this fundraiser will benefit the mentally 28 handicapped of Hennepin and Anoka Counties . 29 30 Motion by Wagner, second by Fleming to allow the Knights of 31 Columbus members to stand in front of various locations in St . 32 Anthony to solicit donations to the Toots,ie Roll fundraiser on 33 April 25, 26 and 27 . 34 35 Motion carried unanimously 36 37 38 6 . PRESENTATION OF CLAIMS 39 40 41 A. Norwest Banks 42 43 'Motion by Ranallo, second by Wagner to approve payment in 44 the amount of $4 , 238 . 75 to Norwest Bank for interest on 45 the debt service payment . 46 47 48 Motion carried unanimously 49 50 51 B. GAB Business Services , Inc . 52 •53 Motion by Fleming, second by Wagner to approve payment in 54 the amount of $9, 854 . 00 to GAB Business Services, Inc. REGULAR COUNCIL MEETING MARCH 24 , 1992 3 PAGE 7 4 5 6 for the City's portion of costs due on the repair of a 7 damaged squad car. GAB Business Services , Inc. is an 8 adjusting firm. 9 10 Motion carried unanimously 11 12 C. Hance & LeVahn Law Firm 13 14 Motion by Wagner, second by Fleming to approve payment in 15 the amount of $2 , 400 . 00 to Hance & LeVahn law firm for 16 legal services rendered for the month of March 1992 17 relative to St . Anthony prosecutions . 18 19 Motion carried unanimously 20 21 22 D. North Suburban Cable Commission 23 24 Motion by Fleming, second by Wagner to approve payment in 25 the amount of $9 , 149 . 40 to the North Suburban Cable 40 Commission . 28 The City Manager advised that the city receives franchise 29 funds . This year the City received $24 , 000 from the Cable 30 Commission and is to make a donation back to the Cable 31 Commission for $9, 149 . 40 . 32 33 Motion carried unanimously 34 35 36 E. Verified Claims 37 38 Motion by Wagner, second by Fleming to approve the four 39 pages of verified claims as presented by the Finance 40 Director. . 41 42 Motion carried unanimously 43 44 45 7 . REPORTS 46 47 A. Report of the Council 48 49 Report of Councilmember Wagner 50 51 Councilmember Wagner attended the Apache Merchants Association Board Meeting today. He noted that Dennis Cavanaugh spoke very enthusiastically regarding the CUB 54 store locating in Apache Plaza. 1 REGULAR COUNCIL MEETING 2 MARCH 24 , 1992 • 3 PAGE 8 4 5 6 Councilmember Wagner noted he briefly addressed the tax 7 increment situation at Apache Plaza . He felt this was 8 necessary so it would be understood the City was not 9 responsible if the CUB negotiations fell through. 10 11 He felt the "theatre" deal was back on which was also 12 indicated by Mr. Cavanaugh. 13 14 Councilmember Wagner discussed the situation which has 15 developed with the Sheik ' s Garden Restaurant owner, Mr. 16 Alwan, with other merchants in Apache Plaza. He noted 17 that no concern was expressed. 18 19 He also met Mr. Alwan to discuss his intentions. for the 20 future of the restaurant . Mr . Alwan stated he has filed 21 to reappear for a request for a conditional use permit . 22 He indicated he is willing to discuss a three month 23 "trial " period with a reduced number of video games and 24 an increased number of kiddie machines . He again stated 25 he intends to have a family-oriented business . Mr. Alwan 26 observed that there are twelve video games in the bowling 27 alley on the lower level of Apache Plaza Shopping Center . 28 29 30 The City Manager noted he had advised Mr. Alwan to not 31 attend this Council Meeting in that there would only be _32 _ _ __three Councilmembers _ in_ endance . 33 - -- _ 34 Mayor Ranallo has received many phone calls from .. 35 residents complimenting the Council ' s denial of the 36 conditional use permit request . 37 38 Councilmember Wagner stated that Mr. Alwan is now 39 planning on reversing the location of the games on the 40 site plan. He will have eight video games and eight 41 kiddie machines alternately placed. 42 43 The City Manager felt a public hearing on this matter 44 would be prudent to receive public comment . The Mayor 45 agreed and felt Mr. Alwan should go through the complete 46 process. 47 48 Councilmember Wagner noted that Mr. Alwan felt pool 49 tables would attract an undesirable element and he is not 50 planning on having pool tables in his establishment . 51 52 Report of Councilmember Fleming • 53 54 Councilmember Fleming advised that the next Village Fest REGULAR COUNCIL MEETING MARCH 24 , 1992 3 PAGE 9 4 5 6 meeting is scheduled for April 13th at 7 : 15 p.m. 7 8 Officers of Village Fest are as follows ; Barbara 9 Olsonoski , President ; Rita Ranallo, Vice. President ; 10 Dorothy Fleming, Secretary; and Audrey Wagner, Treasurer. 11 12 The City Manager requested direction from the Council 13 regarding the City' s continued finanical support of 14 Village Fest in light of the budgetary constraints the 15 City is facing. 16 17 Presently, the City staff does the monthly meeting notice 18 mailings as well as other mailings , supplies the postage 19 and provides some in-kind support services . 20 21 The Mayor suggested that the mailings be slowed down to 22 save postage . Councilmember Fleming felt . phone call 23 reminders for meetings could be done. Mayor Ranallo 24 concurred and requested this be done for one month and 25 attendance be checked. Councilmember Fleming is also the Publicity Committee Chair for the Village Fest . She intends to use the 29 newspapers for disseminating information which will be 30 cost free. 31 32 Councilmember Fleming attended the League of Minnesota 33 Cities Legislative Conference today. The City Manager and 34 the Management Assistant also attended. 35 36 She met with Representative McGuire and Senator Marty 37 where she presented information from the Council ' s March 38 14th Emergency Meeting. 39 40 Representative McGuire stated she felt cities should be 41 more independent . She is presently spending considerable 42 time on worker ' s compensation legislation . 43 44 Councilmember Fleming felt both the Senator and the 45 Representative appear to be more interested in where 46 cities are making cost cuts than the State. She received 47 a handout which addressed local employee salaries. 48 49 Consolidation of services and personnel was discussed. 50 Counc-ilmember Fleming noted that St . Anthony is already 51 a participant in many consolidation efforts and has been INfor a long time. 54 She noted that Representative Terry Dempsey stated he has 1 REGULAR COUNCIL MEETING 2 MARCH 24 , 1992 3 PAGE 10 4 5 6 no faith in the "permanency" of the sales tax. 7 8 Councilmember Fleming attended the Transportation Meeting 9 where the disposition of the Motor Vehicle Tax was 10 discussed. Presently, it all goes into the State' s 11 General Fund. 12 13 The City Manager addressed proposed legislation regarding 14 a sales tax being placed on city purchases . He .noted that 15 the League of Minnesota Cities feels this proposal would 16 spread the problems equally and would apply to cities , 17 townships and counties . Presently, the budget cuts which 18 are being proposed do not include counties , school 19 districts or townships . 20 21 The Mayor noted that residents must realize that property 22 taxes will have to be increased or services reduced. 23 Councilmember Fleming felt that . potential cuts in 24 reducing police or firefighters will affect the health 25 and safety of the City. 26 27 Report of Mayor Ranallo r 28 29 Last week Mayor Ranallo and Larry Hamer, Public Works 30 Director , attended the Aga Khan New Year Celebration. 31 They shared a meal with all of those in attendance. 3.2 _ _ ---- --- - - - --- - -- -- - - -- - --- --- - - - - 33 About seventy-five people join in the worship--ari - t they - - 34 are a non-christian religious group. The beliefs of the 35 organization is that no welfare nor unemployment help can 36 be received. The Mayor explained how unemployment is 37 funded by an employer insurance policy. 38 39 Two residents of St . Anthony are members of the group. 40 They meet every Thursday, Friday, Saturday and Sunday in 41 the Community Building. It was the Mayor' s observation 42 that many professional people are members . 43 44 At the New Year Celebration they were entertained by 45 children of the members who did folk dancing. The Mayor 46 noted that the sect originated in India, but that now 47 most of its members are natives of Kenya and North 48 Africa. 49 50 The City Manager advised that the owners of the new Stop 51 "N" Shop will be having an Open House and he will keep 52 the Council apprised as to what dates are being 53 considered. Mayor Ranallo noted that nearly all of this 54 strip mall is leased which is on Stinson Boulevard and REGULAR COUNCIL MEETING MARCH 24 , 1992 3 PAGE 11 4 5 6 38th Avenue Northeast . 7 8 The City Manager stated that the Ritz Cleaners has 9 located in the former space occupied by the Tastee Bakery 10 on 37th Avenue, east of Silver Lake Road. 11 12 On March 27th, there will be a meeting at-Autumn Woods to 13 discuss re-routing a public bus to that location. The 14 City Manager has been advised that no members of the 15 Minneapolis Park Board' will be in attendance at the 16 meeting nor will Minneapolis Councilmember Dziedzic. He 17 noted that efforts to have a bus route near Autumn Woods 18 have been going on for over three years . 19 20 Mayor Ranallo advised that the Goal Setting taping was 21 done on February 27th. It will be shown on cable at 5: 30 22 p.m. on March 31st and April 2nd. 23 24 April 6th is the Chamber of Commerce Annual Meeting. It 25 will be held at Jax Cafe and the tickets are $20 . 00 . Mary Jo Palerenta is the guest speaker. George Wagner and Dick Johnson are the co-recipients of the Community Services 28 Award. A new Chamber Board has been elected with Dorothy 29 Thorson as its President and Dick Horst as Vice 30 President . 31 32 B. Report of the City Manager 33 34 The City Manager received a phone call from a new 35 resident of St . Anthony inquiring as to the wisdom 'of 36 having a stop sign located at the intersection of 37 Skycroft and Maplewood. 38 , 39 The resident was advised that the stop sign had been 40 placed there as there had been considerable traffic 41 generated by the High School . It was felt this was no 42 longer the case and the resident requested the sign be 43 removed. 44 45 The City Manager will contact residents in the area for 46 opinions on the sign. 47 48 8 . PUBLIC HEARINGS 49 50 There -were no public hearings . 51 9. NEW BUSINESS 54 a '7 1 REGULAR COUNCIL MEETING 2 MARCH 24 , 1992 3 PAGE 12 4 5 6 A. Ramsey County - Silver Lake Road Executive Summary 7 8 The Council ' s agenda packet included an Executive Summary 9 of the Silver Lake Road Project prepared by Ramsey 10 County. The cover letter from the Director and County 11 Engineer for Ramsey County requested that the St . Anthony 12 City Council take action on this matter by May 1 , 1992 . 13 14 A traffic flow chart was also included for the Council ' s 15 consideration of the project which will extend from 16 Silver Lane to I-694 . 17 18 The City Manager advised that Ramsey County -is 1-9 considering widening Silver Lake Road and is proposing a 20 sidewalk on both sides . He noted that the City will be 21 responsible for the costs of the sidewalk. He suggested 22 that the plan for the sidewalk installation be left in 23 the project until the road is in . 24 25 Mayor Ranallo requested the plans for the project be 26 presented at a Council Meeting so the Council can take 27 action. No Council action was necessary at this time. 28 . 29 10 . UNFINISHED BUSINESS 30 31 There was no unfinished business . 32 33 11 . ADJOURNMENT 34 35 Motion by Wagner, second by Fleming to adjourn the meeting -at-- 36 8 : 20 p.m. 37 38 Motion carried unanimously 39 40 41 Respectfully submitted, 42 .43 44 Jo-Anne Student , Council Secretary. 45 46 47 48 Mayor Clarence Ranallo 49 50 51 ATTEST: 52 City Clerk • ? CITY OF ST. ANTHONY 2 REGULAR COUNCIL MEETING a 5 MARCH 10', 1992 6 - 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The Council Meeting was called to order at 7 : 30 p.m. and the 11 Pledge of Allegiance was led by Mayor Ranallo . 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayo= Rana! lo , Councilmembers Marks , Enrooth , l7 Fleming and Wagner 18 19 Staff Present : City Manager Burt �n 21 22' 3 . AP?_ ROVAL 0? MARCH 10 , 1992 COUNCIL AGENDA 23 24 Motion. by Enrooth , second by Marks to approve the Council 25 Agenda for the March 10 , 1992 Council Meeting with the �6 following additions : 7 28 Add to the City Manager ' s report three items ; Date of the �9 Volunteer Appreciation, Night , Entrance signs and Cable 30 Commission . i 1 32 Motion carried unanimously 33 34 35 4 . APPROVAL OF MINUTES OF THE FEBRUARY 25 , 1992 COUNCIL MEETING 36 37 Motion by Marks , second by Wagner to approve the minutes of 38 the February 25 , 1992 Council Meeting with the following 39 corrections : 40 41 page 1 , line 11 : change "President" to "Mayor Pro-Tem" 42 page 1 , line 17 : change "President to "Mayor Pro-Tem" 43 44 45 Motion carried unanimously 46 47 5 . LICENSES/PERMITS/PETITIONS 48 49 Bow_1_i n_g_Alley License 50 51 Motion by Marks , second by Fleming to approve the license for •2 a boding alley for Minneapolis Bowl -O-Mat , Inc . in Apache 53 Plaza . 54 Motion: carried unanimous. _, I REGULAR COUNCIL MEETING 2 MARCH 10 , 1992 PAGE 2 4 6 Cigarette Licenses 7 8 Motion by Marks , second by Fleming to approve a cigarette 9 license for F.W. Woolworth in Apache Plaza . 10 11 Motion carried unanimously 12 13 14 Motion by Marks , second by Fleming to approve a cigarette 15 license for Murphy' s Service Center , 3501 29th Avenue 16 Northeast . 17 18 Motion carried unanimously , 9 20 21 Motion by Marks , second by Fleming to approve a cigarette 22 license f•-_ N:ico Gi l Company , Inc . at 2400 37th Avenue 23 Northeas-t . 24 Motion carried unanimously 25 26 27 Motion: by Marks , second by Fleming to approve a cigarette 28 license for Sid ' s Get It For Less in Apache Plaza . 2Q 30 Motion carried unanimously J 32 3-3 -Contr-actor-s-' Li-censer 34 35 Motion by Marks , second by Fleming to approve the contractor ' s 36 license for Construction Labor Force , In.c . , DLA: Rite-Way 37 Waterproofing, Lino Lake , Mn . 38 39 40 Motion carried unanimously 41 42 43 Motion by Marks , second by Fleming to approve the .contractor ' s 44 license for Reliable Tree Service , Inc . , Fridley, Mn . 45 46 47 Motion carried unanimously 48 49 Motion by Marks , second by .Fleming to approve the contractor ' s 50 license for Kra,,s-Anderson Construction. Company, Minneapolis , 51 Mn . r, 5 Motion carried unan imous l_y • 54 • ►.•:API-H 10 , 199' 3 :AGE 4 5 6 Service Station Licenses 7 Motion by Marks , second by Fleming to approve the service 9 station license for Mico Oil Company, 2400 37th Avenue 10 Northeast . ' 1 1 12 Motion carried unanimously t � IL 4 15 Motion. by Marks , second by Fleming to approve the service 15 station license for M::rp-:y ' s Service Center , 3501 29th Avenue 7 Nor:hea=t . l M,at _.__n earn e6 unanimrousLy 23 h•y Marks , se•_•o n,:' by 'cleming to approve the vendi na 2 . mac ,.r,e l . cerise fc•r ::innea �ol i s Bow' -C-Mat , Inc . in ApaChe _6 r.G_w . 16%7 3 M_ t i_:�::car= i e u:":an I-ncus i y 30 1 mot o: by Mar ­ , second y F..e:T.:ng to approve the vending 32 T. n l i ce_.s= for A:i:c_i c a n Cain Col any , St . Anthony Lanes . -14 35 Motion carried unanimousiy ti r. 37 38 Garbacie Hauler Licenses_ 39 40 Motion by Marks , second by Fleming to approve the garbage 41 hauler license for Aagard Sanitation , St . Paul , Mn . 42 43 44 Motion carried unanimously_ 45 46 47 Motion by Marks , second by Fleming to approve the garbage 48 hauler license for Northern Disposal , Inc . , St . Paul , Mn . 49 50 51 Mot ion carried anani_:Yc�1s_1_y 4 M.A::CY 1 u , 1992 • s Py�_ 6 Motion by Marks , second by Fleming to approve the garbage 7 hauler license for Vasko Rubbish Removal , Inc. , St . Paul , Mn 8 9 Motion carried unanimously 10 11 12 Motion by Marks , second by Fleming to approve the garbage 13 hauler license for Browning Ferris Industries , Inver Grove 14 Heights , Mn . 15 16 Motion carried unanimously 17 lu 19 3 . 2 "On Sale" Beer Licenses 21 MGt ion by Wagner , second b% Enror- th to approve the 3 . 2 "Or 77 Sale" beer license f cr `•:nne ap.-- : i c Pa-- k any Recreation Board , , 23 Gross Golf C_"-,rse . 21 25 Rol ; ::a, _ Fleming , Wagner , Ranallo - aye 26 Marks - nay 27 • _3 Motion carries L : _ Motio;: by Wagner , second b y E-:rooth to approve the 3 . 2 "On ?2 Sale" beer license for Minneapolis Bowl-O-Mat , Apache Plaza . - 33 -- - - -- --- -- -- — — - 34 Roll Call : Enrooth , Flemin7, Wagner , Ranallo - aye 35 Marks - nay 36 37 Motion carries 38 38 39 40 6 . PRESENTATION OF CLAIMS 41 42 A. Independent School District #282 43 44 Motion by Wagner , second by Enrooth to approve payment in 45 the amount of $4 , 268 . 00 to Independent School District 46 #282 for costs associated with the Senior Citizen 47 Coordinator position . 48 49 The City Manager advised that this payment is the maximum.. 5C the City is allowed to pay and is taken from the Cl Community Development Bock Grant funding a110Cati,>1: . 53 Mn_tion _ carri_e_3_ unznimc: us?y • 54 iT''.EGULA:. COUNT I MEET ING • 2 MARCH 10 , 1992 3 PAGE 5 4 5 6 B . F. F . Jedl _ck , Inc 7 8 Motion by Wagner , second by Enrooth to approve payment in 9 the amount of $3 , 080 . 00 to F. F. Jedlicki , Inc . for 10 professional services rendered for the repair of joints _ 11 in the arch pipe on the Highcrest Street project . 12 13 Motion carried unanimously 14 15 C . Barr Engineering 16 17 Motion by Wagner , second by Enrooth to approve payment in 13 the amount of $ 1 , 063 . 88 to Barr Engineering for 19 professional services rendered from December 1 , 1991 2-0 through February 1 , 1992 regarding District #6 . 21 22 Mo tion carried unanimously 23 24 D . Dorsey & Whitney_,Lbw Firm 25 26 Motion by Wagner , second by Enrooth to approve payment in 7 the amcunt of $2 , 474 . 05 to Dorsey & Whitney law firm for s professional services rendered through January 31 , 1992 . 29 30 Motion carrier unanimously 3_ _,2 E . Verified Claims 34 Motion by Wagner , second by Enrooth to approve payment of 35 the five pages of verified claims as submitted by the 36 City ' s Finance Director . 37 38 Motion carried. unanimously 9 40 41 7 . REPORTS. 42 43 A. Planning Commmission 44 45 Commissioner Murphy represented the Planning Commission 46 at this Council Meeting. 47 48 Commissioner Murphy stated that the minutes of the 49 Planning Commission Meeting of Februray 18 , 1992 were 50 included in the Council agenda packet . ` 1 J 52 He referred to the .minutes which addressed the request �i from Shie*- ' s Garden Restaurant for a conditional use 54 permit . He rioted that the Planning Comm. SSi is i REGULAR? COUNCIL MEETINl 2 MARCH 10 , 1992 3 PAGE 6 4 6 recommending approval of the conditional use permit 7 request as it meets the three conditions required for 8 approval in the opinion of the members of the Commission . 9 10 11 Mr . Alwan, owner of Sheik ' s Garden Restaurant , is 12 considering having up to thirty amusement devices in his 13 operation. Presently, he is allowed only three . Mr . Alwan 14 had stated at the Commission Meeting these amusement 15 devices would afford him an opportunity to generate more 16 revenue in the older , rear portion of his restaurant . He 17 felt these devices would be in keeping with his business is which will focus on families . 19 20 Commissioner Murphy observed that if Ordinance No . 1992- 21 001 were approved, it would be much easier to monitor the 22 operation . This ordinance would allow only the operator 23 of the establishment to hold the licenses to the 24 amusement devices with nc more than thirty-five devices 25 being allowed in one location . 26 27 Staff had also :Wade recommendations for five conditions • 28 for granting approval of this request . They are as 29 follows : 30 31 1 . The arcade shall prohibit tob-acco , alcoh•_i , and 32 drugs on the premises . 33 34 2 . The arcade shall prohibit individuals under the 3_5 influence of tobacco, alcohol or drugs . 36 37 3 . Proper supervision should be available at all times 38 to ensure appropriate conduct and behavior . 39 40 4 . The access from kitchen to dining area shall be 41 segregated to ensure safety. 42 43 5 . The number of amusement devices allowed will be 44 dependent_ upon the available number of amusement 45 device licenses and available space within the area 46 designated on the proposed plan . 47 48 Commissioner Murphy noted that the five recommendations 49 of staff were included in the recommendation for approval 50 from the Planning Commission . Also , included in the �1 Commission ' s recommendation was to require an annual 52 review by the Police Chief and staff with the owner . The 5? history of police calls and disturbances as well as • 54 complaints would be reviewed . 1 REGULAR. COUNCIL MEETING ! N_APZH 10 , 1992 3 PAGE 7 4 5 6 This annual review had been in place with a business 7 which previously operated amusement devices in Apache g Plaza . G 1� Marks inquired what the Planning Commission recommended 11 for action if there were problems generated by these 12 devices . 13 14 Commissioner Murphy responded that he had made a similar 15 inquiry at the Planning Commission meeting. It was 16 determined that if the annual review reflected continued 17 troublesome activity the conditional use permit could be 18 revoked as could the licenses for the amusemen-t devices . 19 2^ T,:E City Manager felt it would be rather difficult to 21 re,,oke a cord_ tiona: use permit but probably be easier to 2.2 revoke a Permit . 4. 2 Marks inquired if a one year rime l imi t coulC. Yi3Ce`_ 25 on the conditionaI use permit for batter contro_ . The 2E City Ma agar felt this 4-as a possibility and had beer. 7 done wit r. a previous coed i t icnal use perr.:i t issued for a bins i.":ess in Apachle Plaza . 29 30 ?n-- mayor recalled that "prcbah.12 cause" had t4 Shot't: 3 _ to t a k 2 this action and t:":1s could never d-Dre 3� satisfactorily . 33 34 Commissioner Murphy noted that much frustration was 35 experienced by the owner of the Malt Shop with the lack 36 of coopertion fro: the shopping mall security personnel . ?S The City Manager stated that the Police Chief has 39 indicated he will most likely have to alter the patrol 40 schedule to accommodate more patrolling rounds of the 41 area if this. request is approved. 42 43 Wagner inquired what the mix of amusement devices would 44 be . Commissioner Murphy responded that Mr . Alwan intends 45 to have eight kiddie rides with the remainder being video 46 games . All of the video games will be in the back area of 47 the establishment according to the sketchy floor plan 46 submitted by the owner . It was noted that the remodelling 49 indicated on the site plan is not yet done. 50 51 Wagner noted that video ga:r:es focus on tee:-:Gcers ar:d 52 inquired what age group the amuserr:ent devices is �3 to attract . 04 2 MAFCH 3 PACE 8 6 Mr . Alwan stated that he is focusing on youngsters from 7 five to fifteen: . 8 9 Don Tonnell , a resident of St . Anthony , spoke in support 1C of approval of the conditional use permit . He noted he is 11 in the shopping mall frequently and feels this type of 12 operation will be beneficial for the businesses located 13 there . 14 15 The City Manager advised that some of the site plan has 16 changed somewhat . The location of the games will not be 17 as close to the kitchen as indicated in the site plan to 13 avoid problems with food service . The games will be in 1 ° front of the o-.:--rat -ion . Staff was not concerned wit^ the 2� location of the games but this can be made part of the 21 conditional use permit . 22 23 Marks inquired w'1,1-:, I.- the hours of operation were planned . 24 Mr . Alwan responded that they will be from 10 : 00 a .m. to 25 10 : 00 1) -M. which are different from the hours of 26 operation of A-pache Piaza . Mr . Alwan felt this would pose 27 no problems as the business has its own entrance . Fe 2 Mated he w: i l hire police if there is a need. 3C The Ma yor _::quire-? what experience Mr . Aswan had with 31 this type of operation: . Mr . Alwan stated he had exper> @lice in his native country of Iraq. He also 33 operated the Fur: Center for approximately two months . He 34 --fou-nd- t-hi-s d-if-f icult as the smoke bothered him. 36 The Mayor stated his opposition to the granting of the 37 conditional use permi-t . He views the operation as a fur: 38 center and arcade and feels another business of this type 39 is not needed in St . Anthony . He reflected or, the 40 problems which have been experienced with this type of 41 business in the past . He has no problems with the kiddie 42 rides but recalled the problems associated with a former 43 operation with video games at the shopping mall even when 44 the owner tried to make it very successful . 45 46 Mr. Alwan observed the problems presently happening with 47 the bowling alley at Apache . Plaza and felt they all 48 stemmed from poor supervision . He stated he - intends to 49 have considerable control and supervision at his CO establishment . He is focusing on having this business a 51 successful restaurant rather than an arcade . Mr . Alwar: 52 stated the amount of money he has already put into the 53 operation and some of the daily specials he is it:cludin�; 54 on the menu . • 1 REGU.1AF CC'Ul':C_L X= 2 MARL= . 0' , 1992" PAGE a 4 5 E. Mayor Ranallo again stated he envisions this operation 7 becoming an arcade or fun center and that it has all of 8 the potential for problems which the former operation 9 experienced. 10 11 The Mayor noted that the Fun Center located at St . 12 Anthony Shopping Center is run on a very strict basis 13 regarding behavior and regulations . He felt this business 14 may not be able to continue as it is operated so very 15 well . 16 17 Motion by Marks , second by Enrooth to approve the 18 conditional use Permit for Sheik ' s Garden Restaurant with 19 th.e saMc conditions as the Planning Commiss'_o:: recommended . G 1 Fleming inquired - what some of the concerns of the 23 Planning Commission were . The City Manager stated that 24 the Police Chief sets no particular problems but he 25 anticipates increasing patrols and manpower focused on 26 this 1oca: ior: . There was some concern for possible �7 sm.-king in the core id•-,r near the business . 25 29 T1-:c City Manager suggested that an annual re':,ew be 3 � included as a conditicn of the conditionai use permit . He 31 felt that for the Council to not issue a new license %2 wcu ld require very good documentation , so the staff would 33 keep stringent records regarding warnings or calls for 34 service from the Police Department . 35 3E The Mayor recalled that there were frequent meetings by 37 the owner of the Malt Shop and the City Council as well 38 as the Planning Commissic'n . The problems still continued . 39 40 Wagner had concern with the number of video games versus 41 the kiddie rides . He felt families may not patronize the 42 restaurant with so many video games there . He inquired if 43 Mr . Alwan intended to replace the kiddie rides with video 44 games if they were not used . Mr . Alwan responded he has 45 no such plans . 46 47 Mayor Ranallo observed that a pool table is included on 48 the site plan. Mr . Alwan stated that he does not intend 49 to have a pool table in his establishment and did not 50 notice this item on the site plan when he signed the 51 application . 5% c3 Marks requested that the word "billiards" be e,.:luded fr_-m L language of the conditional use permit application . 7777?: 10 , 199_ • 3 =rGF ? 0 5 He also requestej that the application include that -he 6 conditional use permit is being approved for one year an. 7 that the next request include a review and a new 8 application. 9 10 Fler:ing inquired what the split of kiddie rides and video 1 games is being considered. Mr . Alwan responded he intends 12 to have eight kiddie rides and twenty to twenty-two video 13 games . 14 15 Roll call : Marks , Enrooth - aye 16 Wagner , Fleming, Ranallo - nay 17 ; �. Motion fails 20 _ i ?l=y:�r Ran al iO felt that the answers to the questions on ?2 the c^ncitions regaraing a conditional use permit were a! 1 not sa-tisf actor iIy answered . One condition addresses: 24 the health , safety and welfare of patrons . He recalle4- ?� the threat of gang activities with the Malt Shop . 26 27 M_- . Alw:n a;as a,4-vised he could apply again L'J • fy C r u ir,_1 i F._ p r Wagner Counci lmember Wagner attended the meeting of the Apa_':^.e ;1 Plaza Board 1-ast week .--::E f-e-1t t-he new- Marketing_ Director 3.• is doing a gDod job . The landscape/home show was receive.I 36 quite well . There have been new booths installed in the 37 mall of the plaza . 15 39 On March 24th, the Apache Plaza Merchants is holding its 40 annual meeting. The City Council ' s position on Tax 41 Increment Financing for the proposed CUB store will be 42 discussed . Wagner noted that negotiations on that matter 43 are continuing. 44 45 The Mayor inquired if there was any discussion of the 46 "St . Anthony Dollars" as the denominations were changed . 47 He noted that originally they were going to printed in 48 ten and twenty dollar denominations . Now the Chamber of 49 Commerce, who sponsors the campaign , has changed the 50 denominations to five and ten. dollars . Some of the 51 merchants at the St . Anthony Shopping Center have indicated an interest in these smaller amounts . 53 •`:i Wagner noted that this will be brought up at the meeting REG*JLAR COU'�CIT M-E 7— G MACH 10 , 1992 •3 PAGE 11 4 6 on March 24t1i . 7 8 Report of Councilmember Fleming 9 10 Councilmember Fleming had nothing to report at this time . 11 12 Report of Councilmember Marks 1 J 14 Marks has received correspondence from Salo, Finland, St . 15 Anthony ' s Sister City, regarding the gender of those who will 16 be visiting this summer . Accommodations are being firmed up . 17 1A The Silent Auction at the Leap Into Spring Party on February re= '_ i _ed a profit of approximately $1 , 200 . This money 20 :ill be used by the Sister City Committee . 2� Mar' s advisel_ he will b-- out of town on March 24th , which is 23 a, regularly scheduled Council Meeting . Enrooth will also not ?- L"� llendii�l l� t-is meeting . 25 26 Mayor Ranal _o no'e3 that there are two public hearings 27 sch�du1e:_1 for March 24th . The City Manager advised that the �o public hearings can be tabled unti _ the next Council Meeting 0 _F_e rtof Counci lm tuber Enro?t_'-; 32 Enrooth rePortec that th-r- Village Feet Committee met on March 33 9t. A full slate of c:fficers is in place , there is a complete :�4 Board of Directors and all of committees have chairperso:i 35 positions filled . 36 7 In the Mayor ' s absence , Enrooth attended a Girl Scout function 38 and read the Girl Scout proclamation approved at the last 39 Council Meeting. 40 41 Enrooth received a call from Edna Bergerson, a St . Anthony 42 resident , who is concerned about the visibli.ty at 37th Avenue 43 and Foss Road.. -She felt there is a problem with site lines for 44 motorists going south because of a fence located in that area . 45 46 The City Manager stated that 37th Avenue is a county road . He % , recalled that the installation of the fence had been requested 48 by the townhome owners on Foss Road . 49 50 Wagner remembered Ramsey County approving its installation. but 51 the t there have been s: te line complaints ever since its 52 installation. . J 4 Mayer Panallc has also received a resident call recarcinea the l REG_.-TAR COUNCIL MEETING N,AR'_ 10 , 1992 • PAGE 12 4 5 6 stop sign on Old Highway #88 . 7 8 ReAort of Mayor Ranallo 9 10 The Mayor reported on the recent Gopher Award Presentations 11 which were made to Jeremy Rice and Tony d 'Agostino. The 12 organization sponsors baseball events for boys from ages 13 13 through 16 and hope to be able to offer similar programs to 14 girls in the near future . The Mayor noted that all of the 15 youngsters involved have an opportunity to participate . They 16 received winner ' s rings similar to those awarded to 17 progessional athletes . .19 On March 3rd , twenty-two metropolitan mayors met at meeting 20 hosted by the Association of Metropolitan Municipalities at 21 the Kelly Inn in St . Paul . The purpose of the meeting; was to 22 discuss the projected State shortfall . All of those attending 23 agreed to send a letter to Governor Carlson requesting he 24 consider usina some of the State ' s "rainy day" fund for the 25 Eh:-.rtfall as well as combining some state departments . 2F 27 Mayor Ranallo noted that the City of St . Anthony will be 28 losinc $30 , 000 in State Aid funds . He noted that an additional 29 amount of state funding, may also be. lost with the 30 disappearance of all local government aids . At this point in 31 time no cutbacks of the Homestead Credit are being cons'dere . 32 -33 The Mayor_ recuested that mer-:bers of the Council consider a 34 work session be held in the afternoon n -wi-th -depa-rtment head-s 35 and staff to consider options to deal with the potentia'_ 36 shortfall . ?e felt r.c matter who was responsible for a 37 shortfall that the City Council would be blamed for arty, C. 3LI decrease in services . 39 40 on March 5th a Cable Commission Meeting was held and five 41 commissioners attended . There was question whether there was 42 a quorum but the body voted anyhow. The Mayor noted that there 43 is $13 , 000 available for scholarships for students pursuing 44 careers in cable television, journalism, etc . The recipient of 45 the scholarship not necessarily be in the senior year of 46 school . The scholarhips will be awarded at a banquet at the 47 Hyatt Regency on March 16th or 17th. Mayor Ranallo advised 48 that tickets are available for any members of the Council to 49 attend who so desired. 50 5l The Mayor advised that any residents who wish to t-.ave a vi-' 52 ta;.e run on cable need only brine the tape to the studio for `.3 edilting and it wi 1 l be run . =4 102 N:fiC i 1C , 19921 3 SAG? _ 3 a 6 Mayor Ranallo advised he taped the results of the Planninc 7 Conference on February 27th . He felt Dave- Urbia had done a:-: 8 excellent job of interviewing and preparing the information 3 for taping. The City Manager stated it should be running on 10 cable by the end of the month . 11 12 The City Manager said that Bill Zawislak has informally 13 resigned from the Cable Commission as a representative of St . 14 Anthony . An application has been received from a resident whc is interested in serving on the Commission . The City Manager 36 felt it may be appropriate for the Mayor or a Councilmember to re-,::;resent the City on the Cable Commission . He also noted that C. a request 1s still in for equipment needed to run tapes on th_ 19 local_ access channel #16 . .' 21 T o._ N,dyor recalled that the Cable Commission ' s Executive 22 S_crttary stated that St . Anthony had not really gotten its 23 share C•f equipment . He noted his willingness to serve C•n the -1; Cable Conanissic-?. which fl'tects on the first T ursday of Cacti 25 month . The City Manage-r or his designee could also he a 26 represent-=t Ive . �L CC.u::_ 1 . ':c _ hiarkss Seca _ 1 e 6 that the f irst r°^resentat _ve ` a -r G? $t A:._.._. y :J& a C 'unciirr: :-,t"cr C 3 , ._ t *! ..- w: _ 1 rE:7,1.. ":r . Za; S 1 a to sub: _ t a f_•rma l lEi of res ` cnat .on. . ,3 34 Motion by Wagner , second by Enrooth to authorize the City 35 Manager or his designee to represent the City of St . Anthony 36 on the Cable Co=iissicr for an indefinite period of timer— . � 7 38 Motion carried unanimously 40 C . Rez•ort of the City Manager Qi - 42 1 . Reschedule Work Session 43 A Council work session was scheduled for Tuesday , 44 March 31st at 7 : 00 p .m. The primary item for 45 discussion will be the budget . 46 47 Mayor Ranallo requested that Council and staff 48 review the City ' s bonds of indebtedness , general 49 obligations , etc . in terms of saving some money . 50 The City Manager noted that how cities will budge, 51 in the future will be changing . The Mayor felt that 52 all school districts will be drafting inf_,r:natir_.n 3 for referendums . .4 r. r 1 REGIj TAR COUNCI MEETING 2 MARCH 10 , 1992 3 PAGE 1 % 4 5 6 2 . Metropolitan Waste Control Commission - Re : 7 Inflow/Infiltration System 8 The City Manager advised that the information 9 regarding the MWCC Inflow/Infiltration System was 10 left out of the agenda packet . He will see that 11 this information is included in the next Council 12 packet . 13 14 3 . Training Public Service Delivery Seminar 15 The Minnesota Mayor ' s Association is sponsoring a 16 seminar on April 10th which will address the 17 delivery of public services . The Mayor indicated he i8 intends to attend the seminar which will be held in 19 St . Cloud and encouraged all other Counci lme: ,bers 20 to attend if possible . 21 22 All Councilmembers received a notice of th_ s 23 seminar with information regarding its purpose . LC 25 4 . Parkincr Crdinance 26 The City Manager , the Public Works Director and the 27 Management Assistant put together a video which 23 taped situations of vehicles parked on private and • 2, pi.; lic property . Some of these instances were in ?V vi Jlat ion of c t ord_J trances an.--; Scone were not . 31 72 The Cou-cii viewed the tape with the City Manager 33 narratir� - -34- - - - - - - - - - 35 Some of the examples cited in the video dealt with 36 vehicles parked on non-paved surfaces , boats on 37 private property, recreational vehicles parked for 38 a lengthy. amount of time on private property , and 39 vehicles and recreational equipment parked on a 40 seasonal basis on private property as well as on 41 public property. 42 43 The City Manager noted that since the ordinance 44 requires vehicles be parked on a paved surface many 45 residents have moved their vehicles from their back 46 yards to their front yards . He also observed that 47 some recreational vehicles are parked in a 48 resident ' s front yard because there is not access 49 to the back yard . �0 51 Some commercial vehicles are also parked on private 5-' property which are used for employment purposes . 54 The City Manager noted that the ordinance has been I REGULAR CC,U?:CTL MEETT_T 2 MARCH 10 , 1992 3 PAGE 15 4 5 6 drafted with many conditions and addresses hard and 7 difficult issues . Some of these issues are 8 commercial vehicles parking limitations , moving 9 vehicle from back of the home to the front , and 10 storage of seasonal vehicles . 11 12 The City Manager requested direction from the 13 Councilmembers regarding how " tough" this ordinance 14 should be . He inquired what kind of standard the 15 Council chooses to set . 16 17 The Mayor requested each Councilmember to meet with 1° the City Manager to state his/her preferences for i9 issues to be included in this ordinance . The City 20 Manager stated he hopes to have this ordinance 21 prepared for its first reading in April and 22 requested all Councilmembers get their comments to 23 him as soon as possible . 24 25 Councilmember Enrooth felt there would be 26 considerable vocal opposition to this ordinance . He 27 inquire-3 if there was enough support on the Council 0 3 to pass and enforce a tough ordinance . 9 30 Tre City Manager- agreed that certainly the 31 Councilme^IDers will be contacted by these residents 32 wy:o disagree with the re.quiremer.ts of the 33 ordinance . Mwy=r P.ana '_ to fe_ t the present 34 conditi-ns regarding storage!parking of vehicles 35 has begun to deteriorate the neighborhoods in the 36 City . J ' 33 5 . Volunteer Appreciation Night 39 Volunteer Week is April 26th to May 2nd . The Mayor 40 requested that the Volunteer Appreciation affair be 41 moved from April 20th to the 27th . He is still 42 trying to contact the guest speaker , Hal Schippitz 43 from Hennepin County, who will speak on stress 44 management . 45 46 6 . Entrance Signs 47 The City Manager advised that the new signs for the 48 entrances to the City are all in place . The funds 49 for the entire project were donated by the Kiwanis 50 Club . 51 52 He feels now that the signs are in place they 53 appear to be quite small . Larger signs will be �4 ordered when these need replacing . 3 PAGE 16 a 5 6 Councilmember Wagner requested that the Kiwani = 7 Club sign be attached to the bottom of the entrance 8 signs . Ccuncilmember Enrooth observed that many 9 signs in the City have a long list of civic 10 organizations attached to the bottom of them. � 1 12 N,ction by Ranallo, second by Marks to allow the 13 Kiwanis Club to add their club 'sign to the bottom 14 of the signs marking the entries to the city . 15 16 Motion carries? unanimously 17 18 8 . PUELIC HEARINGS 19 20 There were no pu�Dlic hearings . 22 9 . NEW BUSINTc 23 24 A. Proposed E L�ction Judq List for Presidential Primary 26 Mot i•-n by Narks , second by Enrooth to approve the list of 27 election jucges for the April 7 , 1992 Presidential- 40 Primary as submitted by the City Clerk . 29 30 Motion carried unanim:-usly- 31 3-2 - -B . -Reso-l-ution- No . ---.92=020-• Re-: - -Hepatitis B Vaccinat ' on 33 pm. .e n t 34 35 The City Manager advised that the vaccine for this 36 program is very expensive . He stated that this program 37 entails a series of three shots . Most of the firefighters 3E and police officers have already had this done plus all 39 of the reserves and the 49 ' er ' s . There are three new 40 public works employees and two new police officers who 41 will require the vaccinations . 42 43 Motion by Marks , second by Fleming to approve Resolution 44 No. 92-080 being a resolution authorizing the Mayor and 45 City Manager to execute an agreement between the City of 46 St . Anthony and the City of Bloomington for provision of 47 Hepatitis B vaccine . 48 49 Motion carried unanimously. 5v 51 �� i 4 Fes;: iL.t� COUNCIL N.rt'TT_NG 02 MARCH 10 , 1992 3 PAGE 17 4 5 6 C . Resolution No . 92-021 ; Re : Warning Sian Replacement 7 Program 8 9 Motion by Marks , second by Wagner to approve Resolution 10 No . 92-021 being a resolution authorizing the Mayor and ll City Manager to execute the agreement with Hennepin 12 County for participation in the Regulatory and Warnin. 13 Sign Replacement Program. 14 15 Motion carried unanimously_ 16 17 D . P .a :=/Sr-,ecifl cat lons/raI ! for Bids ; Re : Old Highway #8 Re^onstruction Project 23 Motion by Wagner , second by Marks to approve the plains 2i and specifications for the Old Highway #8 Reconstruction. 22 Pro;;ect a,-:d to authcriae staff to call for bids on sai,a 23 proje^t . ,a 25 Mot-ion-carried unanimously 28 it UIN _N=S i D L 30 A. Ordnance No . 1992-001 ; Re : Amusement Devices (T;^ __c 31 Read.i jg) 32 33 The City Manager advised that the City Attorney added a 34 phrase to the ordinance for its second reading which 35 states that no portion of the fee for the amusement 36 device license will be refunded . 37 38 Motion by Marks , second by Fleming to approve the third 39 reading and passage of Ordinance No. 1992-001 being an 40 ordinance relating to licenses for amusement devices ; 41 amending Section 401 : 00 to limit the number of licenses 42 for any one establishment ; and amending Section 401 : 00 to 43 add new Sections 401 : 15 and 401 : 20 . 44 45 46 Motion carried unanimously 47 48 11 . ADJOURNMENT 49 50 Motion by Enrooth , second by Marks to adjourn the meeting at 51 9 : 20 p .m. 103 Motion carried un4 �u= 54 1 REGULAR COUNCIL MEETING r 2 MARCH 10 , 1992 3 PAGE 18 4 5 6 7 Respectfully submitted , 8 9 10 Jo-Anne Student , Council Secretary 11 12 13 14 15 Mayor Clarence Ranallo 16 17 18 19 ATTEST : 20 City Clerk 21 22 23 '4 25 26 27 28 29 30 31 - ,-Z- - — - - - -- - 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1 ' CITY OF ST. ANTHONY 2 3 REGULAR COUNCIL MEETING 4 5 FEBRUARY 25, 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. by Council 11 President Enrooth who led the Pledge of Allegiance. 12 13 14 2 . ROLL CALL 15 16 Council Present : Councilmembers Marks , Fleming and Wagner . 17 and Council President Enrooth. 18 19 Council Absent : Mayor. Ranallo 20 21 Staff Present : City Manager Burt 22 23 24 25 3 . APPROVAL OF FEBRUARY 25 , 1992 COUNCIL AGENDA 26 27 Motion by Fleming, second by Wagner to approve the agenda for 8 the February 25, 1992 Council Meeting as presented with the 9 addition of the claim for repair of a squad car from Suburban 30 Collision and Paint Center . 31 32 33 Motion carried unanimously 34 35 36 4 . APPROVAL OF FEBRUARY 11 , 1992 COUNCIL MEETING MINUTES 37 38 Motion by Marks , second by Fleming to approve the minutes of 39 the February 11 , 1992 Council Meeting with the following 40 corrections : 41 42 page 4 , line 54 : Delete the sentence which reads , "To 43 participate in this" 44 page 5, line 6 : Delete "Program" 45 page 5, line 6: Change the sentence on following "Program" to 46 read as follows : "The Mayor is requested to send' a letter to 47 the Metropolitan Transit Commission requesting bus route #25 48 to travel to Kenzie. " 49 page 5, line 8-9 : Place the sentence, "This Program provided 50 rides for 19, 000 people in 1991 . " on page 4 , line 54 at the 51 sentence ending with "residents . " 52 page 8 , line 8 : Change the month "March" to "April " 53 �4 Motion carried unanimously r I REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 2 4 5 6 5. LICENSES/PERMITS/PETITIONS 7 8 Cigarette License: 9 10 Motion by Marks , second by Fleming to approve the request for 11 a cigarette license from Stop 'N' Shop, 3813 Stinson 12 Boulevard. 13 Motion carried unanimously 14 15 Heatina Licenses : 16 17 Motion by Marks , second by Fleming to approve the request for 18 a heating license from Rouse Mechanical , Inc. of Minnetonka, 19 Mn . 20 21 Motion carried unanimously 22 23 24 Motion by Marks , second by Fleming to approve the request for 25 a heating license from Burnsville Heating and Air 26 Conditioning, Inc . of Savage, Mn . 27 Zg Motion carried unanimously 29 30 Garbaae Haulers ' Licenses : 31 32 Motion by Marks, second by Fleming to approve the request for 33 a garbage_ hauleer ' s 1_icense from Twin City Sanitation, -Inc-. of 34 St . Paul , Mn. 35 36 Motion carried unanimously 37 38 39 Motion by Marks , second by Fleming to approve the request for 40 a garbage hauler ' s license from Waste Management Blaine of 41 Blaine, Mn . 43 Motion carried unanimously 44 45 Motion by Marks , second by Fleming to approve the request for 46 a garbage hauler ' s license from Walter ' s Rubbish, Inc . of 47 Blaine, Mn . 48 49 Motion carried unanimously 50 51 Motion by Marks , second by Fleming to approve the request for 52 a garbage hauler ' s license from Woodlake Sanitation Service , 53 Inc . of Circle Pines, Mn . • 54 Motion carried unanimously r I REGULAR COUNCIL MEETING • 2 FEBRUARY 25, 1992 3 PAGE 3 4 5 6 Motion by Marks , second by Fleming to approve the request for 7 a garbage hauler ' s license from Gallagher ' s Service, Inc. of 8 Blaine, Mn. 9 10 Motion carried unanimously 11 12 Service Station Licenses : 13 14 Motion by Marks , second by Fleming to approve the request for 15 a service station license from Stop 'N' Shop, 3813 Stinson 16 Boulevard. 17 18 Motion carried unanimously 19 20 Motion by Marks , second by Fleming to approve the request for 21 a service station license from Don ' s Apache Auto Wash, 3725 22 Stinson Boulevard. 23 24 Motion carried unanimously 25 26 Vendina Machines License: 7 8 Motion by Marks , second by Fleming to approve the request for 29 a vending machines license from Manor Wash 'N' Dry, Apache 30 Plaza . 31 32 Motion carried unanimously 33 34 3 . 2 'Off Sale' Beer License: 35 36 Motion by Marks, second by Fleming to approve the request for 37 a 3 . 2 'Off Sale' beer license from Stop 'N' Shop, 3813 Stinson 38 Boulevard. 39 40 Motion carried unanimously 41 42 . 43 6 . PRESENTATION OF CLAIMS 44 45 A. Maier Stewart and Associates 46 . 47 Motion by Marks , second by -Wagner to approve payment in 48 the amount of $3 , 681 . 41 to Maier Stewart and Associates , 49. Inc . for professional services rendered from December 29, 50 1991 through February 2 , 1992 regarding the 1991 M. S .A. S . 51 reporting and Old Highway #8 plans and specifications . 52 0-3 Motion carried unanimously 4 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 • 3 PAGE 4 4 5 6 B. Barr Enaineerina 7 8 The request from Barr Engineering for payment in the 9 amount of $1 , 191 . 57 for professional services rendered 10 from December 1 , 1991 through December 28 , 1991 regarding 11 the Highcrest Street outlet was discussed. 12 13 The City Manager recommended not paying this bill as he 14 felt it was not warranted. The firm performed services 15 which resulted in expenditures which exceeded estimates . 16 17 A letter received from a representative of Barr 18 Engineering, dated February 14 , 1992 , acknowledged that 19 the City was not obligated. to compensate his firm for 20 these. expenditures . 21 22 The City Manager stated he will send a letter to Barr 23 Engineering in which he would explain that the City 24 Council chose not to approve this claim and is willing to 25 pay only for work actually done and for information 26 requested. 27 . 28 C. Braun Intertech • 29 30 Motion by Marks , second by Wagner to approve payment in 31 the amount of $1 , 192 . 00 to Braun Intertech for 32 professional services rendered regarding the pavement 33 management and program installation. 35 Motion carried unanimously 36 37 D. Hance & LeVahn Law Firm 38 _ 39 Motion by Marks , second by Wagner to approve payment in 40 the amount of $2 , 400 . 00 to Hance & LeVahn law firm for 41 professional services rendered for the month of February 42 1992 relative to St . Anthony prosecutions . 43 44 Motion carried unanimously 45 46 E. F. F. Jedlicki , Inc. 47 48 Motion by Marks , second by Wagner to approve payment in 49 the amount of $3 , 104 . 00 to F.F. Jedlicki , Inc . for repair 50 services of the storm sewer on the Highcrest Project . 51 52 Motion carried unanimously 53 • 54 ti I REGULAR COUNCIL MEETING • 2 FEBRUARY 25 , 1992 3 PAGE 5 4 5 6 F. Verified Claims 7 8 Motion by Marks , second by. Wagner to approve the four 9 pages of verified claims as submitted by the Finance 10 Director . 11 12 Motion carried unanimously 13 14 G. Suburban Collision & Paint Center 15 16 Motion by Marks , second by Wagner to approve payment of 17 $5 , 676 . 97 to Suburban Collision & Paint Center for the 18 repair of a damaged squad car. 19 20 The City Manager explained the circumstances which 21 resulted in the damaging of the squad car. He noted tht 22 the City has $10 , 000 deductible on its insurance. 23 24 Some of the Council inquired what " insurance parts" meant 25 on the firm' s invoice. The City Manager will get this 26 information . 27 •28 It was noted that the glass replacement , squaring of the 29 frame and aligning the wheels were done by a 30 subcontractor and their charges were noted separately on 31 the invoice, but were included in the total . 32 33 Motion carried unanimously 34 35 7 . REPORTS 36 37 A. Reports of the Councilmembers 38 39 1 . Report of Councilmember Wagner 40 41 Councilmember Wagner noted he had met the new 42 Marketing Director for Apache Plaza, Ms . Kelli 43 Johnson . He felt she was very outgoing and appeared 44 to be aggressive toward her responsiblities . 45 46 Councilmember Wagner attended the Landscaping and 47 Home Show recently held at Apache Plaza. He noted 48 there appeared to be more craft displays than 49 landscaping and home displays but it drew a good 50 crowd. 51 52 2 . Report of Councilmember Fleming .53 54 Counci-lmember Fleming presented an informational i 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 • 3 PAGE 6 4 5 6 meeting regarding precinct caucuses at Walker . She 7 felt there was a very good turnout and noted that 8 many attendees stated they had never participated 9 in their caucuses . March 3rd is precinct caucus 10 night . 11 12 Councilmember Fleming complimented the Bulletin on 13 its recent article about stop arms on school buses . 14 She noted that bus drivers have expressed many 15 complaints on driver ' s habits when it comes to 16 observing regulations regarding school buses . 17 18 3 . Report of Councilmember Marks 19 20 Councilmember Marks reminded the Council of the 21 Silent Auction which is scheduled for February 29th 22 at the Chamber ' s Leap Into Spring Dinner Dance. The 23 funds realized from this auction will be used to 24 benefit the City' s Sister City Project . 25 26 On February 13th, Councilmember Marks attended and 27 participated in on a staff level the Planning and 28 Zoning Seminar sponsored by the Government Service 29 Bureau. 30 31 Councilmember Marks stated he may not be able to 32 attend the National League of Cities Congressional 33 Conference in Washington, D.C. in March. 35 4 . Report of Councilmember Enrooth 36 37 Included in the Council packet was information from 38 the Association of Metropolitan Municipalities 39 regarding its maintaining a representative on the 40 Board of Directors of the League of Minnesota 41 Cities . 42 43 Councilmember Enrooth suggested that the 44 Association of Metropolitan Municipalities will 45 probably want to take a formal position regarding 46 its representative remaining. on the LMC Board. He 47 felt this could be an "outstate versus 48 metropolitan" issue. He solicited comments from the 49 Councilmembers . 50 51 5. 1 . Proclamation: Chronic Fatiaue Awareness Month 52 53 Councilmember Enrooth read the proclamation . 54 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 7 4 5 6 Councilmember Enrooth presented a copy of the 7 proclamation to Ms . Snustad, who suffers from this 8 condition . 9 10 Ms . Snustad related some her history since being 11 diagnosed with this disorder . She noted that 12 previously it had been misdiagnosed as Epstein Barr 13 and chronic mono. She advised that this malady is 14 also shared by Rudy Perpich, Jr . 15 16 2 . Proclamation : Girl Scout Week , 17 18 Councilmember Enrooth read the proclamation 19 designating March 8 - 14 , 1992 as Girl Scout Week 20 in St . Anthony. 21 22 3 . Proclamation : Volunteers of America Week 23 24 Councilmember Enrooth read the proclamation 25 designating March 1 - 8 , 1992 as Volunteers of 26 America Week in St . Anthony. 27 &8 Motion by Wagner, second by Marks to approve all 29 three proclamations as -included on the agenda. 30 31 Motion carried unanimously 32 33 34 B. Report of the City Manager 35 36 The City Manager reminded the Council that Monday, April 37 20th has been chosen as "Volunteer Night . " 38 39 1 . Letter from Governor Carlson 40 41 Mayor Ranallo had received a letter from Governor 42 Carlson requesting suggestions for cutting the 43 State ' s budget . The City Manager will prepare a 44 response for the Mayor ' s signature. 45 46 2 . Clean Up of Evergreen Property 47 48 The City Manager noted that considerable progress 49 has been made by Nedegaard Construction regardi.ng 50 the clean up of its property at the Evergreen 51 Project . 52 3 Bruce Nedegaard indicated he was not aware that so 4 much clean up was needed. The City is closely 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 8 4 5 monitoring this situation . 6 7 3 . League of Minnesota Cities ' Conference 8 9 The City Manager reminded Councilmembers of the 10 League of Minnesota Cities ' Conference on March 11 24th and requested that anyone who wishes to attend 12 notify him so registrations can be made. 13 14 4 . Northgate Condo Association Member 15 16 The. City Manager was contacted by a .member of the 17 Northgate Condo Association who was concerned with 18 the content of a flyer she found in her business 19 mail box . 20 21 The flyer referred to the discussions held at the 22 City' s Town Meeting regarding solutions for the 23 stormwater problems being experienced. Her alarm 24 focused specifically on one solution suggested 25 which was to put in a holding pond in a location 26 very near Northgate. 27 28 The City Manager assured her that these were only • 29 recommendations from the consultant and that no 30 impact studies have been done at this point in 31 time. He noted that some of the solutions proposed 32 would remedy one situation, but cause one for 33 someone else. 35 He advised her that another Town Meeting is being 36 scheduled for April and encouraged her and her 37 neighbors in Northgate to attend . 38 39 The City Manager stated that this issue of flooding 40 is discussed frequently by staff . Members of the 41 staff will be prepared to present the handling of 42 some of these problems on an individual basis at 43 the next Town Meeting. 44 45 Councilmember Enrooth noted that the problems come 46 from development as well as Mother Nature. 47 48 Councilmember Fleming observed that other tenants 49 or leasees of Northgate may have misinterpreted the 50 flyer and may not have followed through as this 51 person did. She felt there should be an update 52 given on this matter with more detail . She 53 suggested this information be put in the paper . • 54 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25, 1992 3 PAGE 9 4 5 5 . C.D.B.G. Ideas 6 7 The City Manager had followed up on the suggestion 8 to include the completion of the sidewalk around 9 Silver Lake as a C.D.B.G. project . He was advised 10 that this probably would not qualify as an 11 allowable low to moderate income project . 12 13 He also suggested that some of these funds may be 14 used for senior citizen programs . Presently, there 15 is a $1 , 400 deficit in the program. 16 17 Another possibility for the use of the funds is the 18 Housing Rehabilitation Program and an increase in 19 the funding for the Northwest Family Youth Service 20 Bureau. 21 22 The Kenzie sidewalk is a possibility as there are 23 low to moderate income people living near it and 24 the residents of the mobile homes may also .make 25 this a qualified project . Park equipment is also a 26 consideration . 7 8 The City Manager noted that last year C.D. B.G. 29 funds were used for the City' s recodification. 30 31 He noted that with the bus route change from 32 Highway #88 to St . Anthony Boulevard something 33 could be considered for funding for pedestrian 34 safety as this bus stop is used heavily by senior 35 citizens . 36 37 Councilmember Marks felt this area is very unsafe 38 and is not handicapped- accessible. 39 40 The City Manager advised that the public hearing 41 for C.D.B.G. funds must be held in March and he is 42 requesting some input of ideas from the Council . 43 44 The Road Task Force met on February 24th. The City 45 Manager noted that all of this Task Force ' s reports 46 are focusing on a ten 'year plan for road 47 improvements and are being recommended as 48 assessable projects . 49 50 6 . Minnesota Water Testing 51 52 The State is mandating new water testing laws . This W3 was an EPA law which was passed onto the Minnesota 54 Pollution Control Agency who is passing it on to r I REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 • 3 PAGE 10 4 5 6 local governments . 7 8 The City Manager noted that the State is mandating 9 a $5 . 00 surcharge on each home, business and school 10 connected to a municipal water supply. He felt the 11 State ' s involvement with water testing will cost a '12 taxpayer twice as much as it costs a city now. 13 14 The City Manager advised that the City can do these 15 tests much cheaper than the State. He felt the 16 State wants to micro-manage the City' s water system 17 as does the Metropolitan Council . He suggested that 18 the City presently has the cleanest drinking water 19 available and does not need another level of 20 management . He viewed this as another "revenue 21 enhancement . " 22 23 The City Manager noted that homes built before the 24 ' 80 ' s will be specifically targeted. If the City 25 were to do the testing a random sample of homes 26 would be tested . Water cannot be run in the house 27 for six hours before the testing which could be 28 very inconvenient for the homeowners . 29 30 Members of the Council directed the City Manager to 31 send a letter stating its objection to this testing 32 by the State . If this letter is not responded to 33 the City Manager would draft a resolution for 34-- - Council__ _. consideration which would state the 35 Council ' s position on the matter . A letter should 36 also be sent to the Health Commissioner and to the 37 City' s legislative representatives . 38 39 7 . Discussion of Water Rates 40 41 An increase in water rates was discussed in May of 42 1991 . For the. first ten years , federal funding was 43 to maintain ninety percent of the operating costs 44 and the City ten percent . After ten years , St . 45 Anthony was to pay the full costs . The ten years 46 starts when the City accepts the filtration plant 47 from the State . 48 49 A memo from the Finance Director was included in 50 the Council packet which addressed the options for 51 Council consideration regarding the use of the 52 funds received from an increase in water rates . 53 •54 The options included: paying off the debt ; keeping 1 REGULAR COUNCIL MEETING • 2 FEBRUARY 25, 1992 3 PAGE 11 4 5 6 all existing cash and rebonding in 1993 ; paying off 7 the debt in 1993 and levying a one-time three cent 8 per 100 cubic feet of water consumed; or, rebonding 9 the debt due in 1993 and levying a one-time three 10 cent per 100 cubic feet of water consumed. 11 12 The City Manager requested direction from the 13 Council regarding this matter so an ordinance can:_ 14 be drafted for a first reading. 15 16 The City Manager noted that presently two tanks are 17 being used to clean the water. The operating costs 18 borne by the State is about one million dollars . He 19 advised that the standards which must be met today 20 may change in the future . 21 22 It has been determined that many more contaminents 23 have been detected in the ground than those 24 mentioned in the lawsuit . The monitoring filters 25 are picking up many more things and this situation 26 will probably not change for some time. •27 28 Disposal and clean up of carbon is going to become 29 more expensive . It is very expensive to ship the 30 carbon to Pennsylvania. According to State 31 regulations the City cannot "re-generate" its own 32 carbon . 33 34 The City Manager stated that New Brighton, St . 35 Louis Park and St . Anthony use carbon but they all 36 have different specification so the three cities 37 cannot go out for bids together. 38 39 Because of an earlier arrangement , the City of New 40 Brighton has all of its costs paid by the Army 41 whereas , the City of St . Anthony only has ninety 42 percent 43 44 Councilmember Marks felt option #3 would be the 45 most beneficial for the City. Option #3 recommends 46 paying off the debt in 1993 and levying a one time 47 three cent per 100 cubic feet of water consumed. 48 49 The ordinance for this recommendation will be on 50 the agenda of the next Council meeting. 51 52 8 . PUBLIC HEARINGS �53 54 There were- no public hearings . 1 REGULAR COUNCIL MEETING 2 FEBRUARY 25 , 1992 3 PAGE 12 4 5 6 9 . NEW BUSINESS 7 8 A. Resolution No 92-018 , Re: Prohibiting Vehicle Parkina on 9 Old Hiahway #8 10 11 The Cities of St . Anthony and Roseville have agreed to make 12 repairs and improvements to Old Highway #8 using Minnesota 13 State Aid funds . 14 15 Councilmember Marks inquired why there was a need for the 16 resolution . The City Manager responded that this is one of the 17 Minnesota State Aid requirements . He also noted that funds 18 from Minnesota State Aid and from the Metropolitan Transit 19 Commission will be used to fund the cement pad for the bus 20 parking location. 21 22 Motion by Marks , second by Wagner to approve Resolution No. 23 92-018 being a resolution prohibiting vehicle parking on Old 24 Highway #8 . 25 26 Motion carried unanimously 27 28 B. Resolution No 92-019 ; Re: Combinina Precinct Pollina 29 Locations 30 31 Hennepin County Precinct #3 has fewer than one hundred 32 registered voters . With approval of this resolution, it will 33 be combined with Hennepin County Precinct #2 . 35 The City Manager advised that all of the registered voters in 36 Precinct #3 will be notified by letter that their polling 37 place has been moved to the Community Center located at 3301 38 Silver Lake Road. 39 40 Motion by Marks , second by Wagner to approve Resolution No. 41 92-019 being a resolution authorizing the combination of 42 precinct polling loctions . A3 44 Motion carried unanimously 45 46 10 . UNFINISHED BUSINESS 47 48 A. Ordinance No. 1992-01 , Re: Amusement Devices ( 2nd 49 Reading) 50 51 Motion by Marks , second by Fleming to approve the second 52 reading of Ordinance No. 1992-01 being an ordinance 53 relating to licenses for amusement devices ; amending 54 I REGULAR COUNCIL MEETING 2 FEBRUARY 25, 1992 3 PAGE 13 4 5 6 Section 401 : 00 to limit the number of licenses at any one 7 establishment ; and amending Section 401 : 00 to add new 8 sections 401 : 15 and 401 : 20 . 9 10 Motion carried unanimously _ 11 12 11 . ADJOURNMENT 13 14 Motion by Marks , second by Wagner to adjourn the Council 15 Meeting. 16 17 18 Motion carried unanimously 19 20 21 22 23 Respectfully submitted, 24 25 26 Jo-Anne Student , Council Secretary V 27 8 29 30 31 Mayor Clarence Ranallo 32 33 34 . 35 ATTEST: 36 City Clerk 1 CITY OF ST. ANTHONY • 2 3 REGULAR COUNCIL MEETING 4 5 FEBRUARY 11 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. - 12 13 14 2 : ROLL CALL 15 16 Council Present : Mayor Ranallo and Councilmembers Marks, 17 Enrooth and Fleming. 18 19 Council Absent : Wagner Councilmember Wagner was out of 20 town. 21 22 Staff Present : City Manager Burt 23 24 25 3 . APPROVAL OF FEBRUARY 11 , 1992 COUNCIL AGENDA 26 •27 Motion by Fleming, second by Marks to approve the agenda for 28 the February 11 , 1992 Council Meeting with the deletion of 29 item A under Unfinished Business regarding Apache Plaza and 30 the addition of five informational items to be presented by 31 the City Manager. 32 33 Motion carried unanimously 34. 35 36 4 . APPROVAL OF MINUTES 37 38 Section 9 , New Business , A. Designation of a Mayor Pro-Tem 39 from the January 14 , 1992 Regular Council Meeting 40 41 Mayor Ranallo stated he -had listened to the recorded minutes 42 of this meeting regarding the matter of the vote on the 43 selection . of the Mayor Pro-Tem and felt it was rather 44 inconclusive. 45 46 Motion by Fleming, second by Ranallo to approve the minutes as 47 written of the January 14 , 1992 Regular Council Meeting 48 pertinent to the designation of the Mayor and that no 49 corrections be made to the vote. 50 51 Roll call : Enrooth, Fleming, Ranallo - .aye 2 Marks - nay W5,3 4 Motion carries 1 REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 • 3 PAGE 2 4 5 6 7 Approval of January 28 , 1992 Town Meetina Minutes 8 9 Motion by Marks , second by Fleming to approve the minutes of 10 the January 28 , 1992 Town Meeting with the following 11 correction: 12 13 page 2 , line 25: Insert "on the date of March 19, 1991" after 14 the word "meeting" 15 16 Motion carried unanimously 17 18 Approval of January 28 , 1992 Regular Council Meetina 19 20 Motion by Marks , second by Enrooth to approve the minutes of 21 the January 28 , 1992 Regular Council Meeting with the 22 following correction: 23 24 page 5, line 9 : Add to the end of the sentence the phrase, 25 "but they were all welcome. " 26 27 Motion carried unanimously • 28 29 Mayor Ranallo introduced a visitor from Hungary who is a house 30 guest of his family. She is attending the Council Meeting to 31 view City government " in action. " 32 33 Recognition Award 35 The Mayor presented a plaque to Ted Brownell in recognition of 36 his four years of service to the City as a member of the 37 City' s Planning Commission. 38 39 Brownell noted he is moving out of the City, but has enjoyed 40 his participation on the Planning Commission. Mayor Ranallo 41 thanked him for his community service and the expertise he 42 brought to the Commission. 43 44 5 . LICENSES/PERMITS/PETITIONS 45 46 Contractors' Licenses 47 48 Motion by Marks , second by Enrooth to approve the contractor' s 49 license application for the R.L. Johnson Company of ' Golden 50- Valley, Mn. 51 52 Motion carried unanimously 53 • 54 1 REGULAR COUNCIL MEETING • 2 FEBRUARY 11 , 1992 3 PAGE 3 4 5 6 Motion by Marks , second by Enrooth to approve the contractor ' s 7 license for Anchor Signs , Inc. DBA Universal Sign Company of 8 St . Paul . 9 10 Motion carried unanimously 11 12 6 . CLAIMS 13 14 A. Dorsey & Whitney 15 16 Motion by Marks, second by Fleming to approve payment in . 17 the amount of $1 , 367 . 45 to Dorsey & Whitney law firm for 18 legal services rendered through December 31 , 1991 19 regarding various matters . 20 21 Motion carried unanimously 22 23 B. Maile Enterprises 24 25 Motion by Marks., second by Fleming to approve payment in 26 the amount of $2, 587 . 50 to Maile Enterprises for hydrant 07 markers . 8 29 Motion carried unanimously 30 31 C. Smeal Fire Equipment 32 33 Motion by Marks , second by Fleming to approve payment in 34 the amount of $2 , 480 . 00 to Smeal Fire Equipment Company 35 for two power blowers . 36 37 Motion carried unanimously 38 39 D. Progressive Contractors , Inc. 41 Motion by Marks, second by Fleming to approve payment in 42 the amount of $24 ,963 . 57 to Progressive Contractors, Inc. 43 for the Chandler Drive Concrete Pavement Rehabilitation 44 project . . 45 4.6 Motion carried unanimously 47 48 49 E. F.F. Jedlicki , Inc. 50 51 Motion by Marks , second by Fleming to approve payment in 52 the amount of $38 , 285 . 00 to F. F. Jedlicki , Inc . for the 0-3 Highcrest Street Storm Sewer Outlet project . 54 I REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 • 3 PAGE 4 4 5 6 A letter was received from Barr Engineering Company 7 regarding this project and recommending payment of the 8 invoice as submitted. 9 10 Motion carried unanimously 11 12 F. Verified Claims 13 14 Motion by Marks , second by Enrooth to approve payment of 15 the two pages of verified claims as submitted by the 16 Finance Director. 17 18 Motion carried unanimously 19 20 7 . REPORTS 21 22 A. Council Reports 23 24 1 . Report of Councilmember Fleming 25 Councilmember Fleming attended "The Art of Public 26 Leadership" Seminar on February 7th. She drafted 27 notes she took at the Seminar and distributed • 28 copies of the notes to members of the Council . 29 30 The highlights of the Seminar were discussed by the 31 Council . Councilmember Fleming felt it was very 32 worthwhile. 33 34 Councilmember Fleming advised she has undertaken 35 the publicity for the Village Fest . 36 37 On February 11th, Councilmember Fleming attended 38 the Regional Transit Board Forum whose purpose was 39 to evaluate potential changes to- the transportation 40 system serving the metropolitan area. 41 42 The changes addressed were for a five year 43 timeframe, 1992, through 1996. It was noted that 44 ridership on the Metropolitan Transit System has 45 decreased significantly in the last ten years . 46 Studies done suggest that former riders of public 47 transit will return if there are incentives such as 48 cost , convenience and increased traffic congestion 49 are in evidence. 50 51 Councilmember Fleming was made aware of the Metro 52 Mobility Program offered by the RTB and the MTC. 53 She felt- this program would be very beneficial for • 54 the St . Anthony residents . To participate in this e I REGULAR COUNCIL MEETING • 2 FEBRUARY 11 , 1992 3 PAGE 5 4 5 6 Program the Mayor is requested to sent a letter to 7 the Metropolitan Transit Commission requesting 8 "opting into" the Program. This Program provided 9 rides for 19, 000 people in 1991 . 10 11 Councilmember Fleming observed that the Forum was 12 very well attended by legislators , local government 13 officials and municipal staff . 14 15 Councilmember Fleming attended a D.A.R.E. session 16 today at Wilshire Park ' School . She noted that an 17 article regarding the program was run in the 18 Bulletin today as well . .19 20 2 . Report of Councilmember Marks 21 22 Councilmember Marks also attended the D.A.R.E. 23 session today and felt the comments made by 24 Councilmember Fleming regarding parent 25 participation and involvement in the Program were 26 very appropriate. He also appreciated the remarks 27 of Mayor Ranallo. 8 29 A contingency of visitors will be coming to St . 30 Anthony from Salo, Finland in July. Councilmember 31 Marks noted that housing is still needed for these 32 visitors from St . Anthony' s Sister City. 33 34 He advised that an informational fax will be coming 35 to the City in the near future which will address 36 ages of visitors and their potential schedule while 37 here. Councilmember Marks felt there may be a 38 preference to stay with host families with children 39 of similar ages . He noted that there has. been 40 excellent cooperation with the School District on 41 - this project . 42 43 3 . Report of Councilmember Enrooth 44 45 Councilmember Enrooth reported that at its February . 46 10th meeting, the .Village Fest Committee selected 47 Barb Olsonoski as its new Chairperson. Although 48 there were between fifteen and eighteen people in 49 attendance at the meeting there is still a need for 50 more volunteers . This is the fourth year this 51 celebration has been in existence. Councilmember 52 Enrooth requested more publicity in the local 0 3 newspapers as there is not much time left to make 4 plans . 1 REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 3 PAGE 6 4 5 6 Mayor Ranallo advised that a chairperson is still 7 needed for the Kiddie Parade and a coordinator is 8 needed for the sporting events . The softball 9 tournament also needs to be organized. 10 11 The dates of the Village Fest are July 24th, 25th 12 and 26th. The City Manager will contact Ms . 13 Olsonoski regarding the need to reserve all 14 facilities needed for the Village Fest activities . 15 16 4 . Report of Mayor Ranallo 17 18 Mayor Ranallo was one of the three presenters at 19 the Newly-Elected Officials Workshop. Councilmember 20 Fleming felt his comments- were very well received. 21 22 The Mayor attended the D.A.R.E. Program and was 23 impressed with its content . Councilmember Enrooth 24 observed that the number of parents in attendance 25 has decreased since the last D.A.R. E. Program. 26 27 The Mayor had mentioned during the program that the • 28 D.A.R. E. fundraiser, the Paul Todd Show, was not 29 well attended by St . Anthony residents and not much 30 funding for the program was received. He received 31 $200 in pledges from parents in attendance., 32 33 Mayor Ranallo inquired if another date has been 34 scheduled for the Council and the School Board to 35 meet . The City Manager responded he is waiting 36 until the new School Superintendent arrives. The 37 Mayor and City Manager will pursue an April meeting 38 date. 39 40 Apache Plaza has a new Marketing Director who 41 replaced Barb Olsonoski . Photos were taken today at 42 Apache Plaza for the "St . Anthony Dollars" 43 Campaign. This Campaign will have its kick-off on 44 February 24th and will be highlighted at the Spring 45 Fling on February 29th. The Mayor is hopeful that 46 the Campaign is successful . 47 48 The- City Manager advised that the "Dollars" of the 49 Campaign will be kept in the City Hall safe. 50 51 The Mayor received a letter from the Camp Committee 52 of Silver Lake Camp stating its position. of not 53 supporting sidewalk construction on the west side • 54 of Silver Lake Road. It is the opinion of the Camp 1 REGULAR COUNCIL MEETING • 2 FEBRUARY 11 , 1992 3 PAGE 7 4 5 6 Committee the sidewalk would not be ecologically 7 beneficial to the wildlife located at the Lake and 8 would be disruptive to the natural setting of the 9 Lake. Also, they indicated, the cost of this 10 assessable project would be -an economic hardship 11 for the Camp. - 12 13 Councilmember Marks requested that a copy of this 14 letter be sent to the Ramsey County Highway 15 Department . 16 17 The City Manager noted that the costs associated 18 with this project would be passed on to benefitted 19 property owners in the form of assessments . He 20 noted that the plan has had its final review and 21 Ramsey County presently is going into the design 22 phase. 23 24 The City Manager attended a recent public hearing 25 regarding this project . He observed that St . 26 Anthony residents had few questions regarding the �27 proposed project but that many concerns were 28 expressed by residents of New Brighton. He advised 29 that the members of the Council will be copied on 30 the written record of the public hearing. 31 32 The City Manager noted that the St . Anthony City 33 Council still has time to deny authorization for 34 installation of the sidewalk but cautioned it would 35 be wise to wait on this matter until the road 36 placement is decided. He felt the road may be 37 placed closer to Silver Lake if it were known that 38 there would be no sidewalk put in this location.. 39 40 Responding to previous concerns of those who walked 41 around the Lake, the City Manager stated that 42 presently there is sidewalk- nearly all the way 43 around the Lake. The only area where sidewalk does 44 not exist is on Silver Lane. . This sidewalk may 45 become a reality if Community Development Block 46 Grant - funds from Ramsey County can be used to pay 47 the costs . 48 49 Volunteer Appreciation Dinner 50 51 Dates for National Volunteer Week and for Volunteer 52 Recognition in Minnesota were discussed. •53 .54 Mayor Ranallo indicated a willingness to secure the 1 REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 3 PAGE 8 4 5 6 services of a speaker for the Volunteer 7 Appreciation Dinner. He suggested that Monday, 8 March 6th may be an appropriate date for the 9 Dinner. 10 11 The City Clerk had drafted a list of volunteers who 12 would be -invited to the Dinner for Council review. 13 It was noted that there may be additional people 14 who should be recognized. The Mayor requested 15 Councilmember to contact the City Manager with any 16 additions they may have to the invitation list . 17 18 19 B. Report of the City Manager 20 21 1 . Clean Up of Evergreen Property 22 23 The City Manager has contacted Bruce Nedegaard, the 24 developer of the Evergreen Project , regarding the 25 cleaning up of the area. An adjacent property owner 26 had attended a recent Council meeting to express 27 his displeasure with the debris in the area. Mr . • 28 Nedegaard responded he will have the area cleaned 29 up by the end of the week. 30 31 2 . Planning Commission Vacancy 32 33 The City Manager noted that no applications have 34 been received from residents interested in being 35 appointed to the vacancy on the Planning 36 Commission. The Bulletin reporter was requested to 37 submit an article regarding this vacancy in the 38 next edition of the newspaper. 39 40 3 . Odor of Ice 41 42 Staff has received some complaints from residents 43 who noticed an odor coming from ice located in 44 areas of the City. Staff determined that the odor 45 is eminating from grass which is rotting under 46 melting snow and some of the snow has snow mold. 47 The City Manager stated there is no danger 48 associated with this but it is unpleasant . 49 50 4 . Employee Recognition Luncheon 51 52 The Employee Recognition Luncheon is scheduled for • 53 Wednesday, February 19th at 12 : 30 p.m. Individual 54 Councilmembers indicated their interest in J f • 1 REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 3 PAGE 9 4 5 6 attending. Mayor Ranallo stated he will be on 7 vacation and requested Council President Enrooth to 8 read a letter from him at the Luncheon . 9 10 11 5 . South End Task Force 12 13 At a meeting on February 10th, the members of the 14 Task Force met with the planner to express their 15 individual visions for the area being studied. 16 17 The City Manager noted that there was not much 18 discussion regarding the moratorium on the area but 19 considerable focus on the image and appearance of 20 the shopping center. He felt the meeting had some 21 very positive aspects . The planner will return with 22 his recommendations in two to three weeks . 23 24 The City Manager discussed funding sources for the 25 area. Increasing the boundaries of the Tax 26 Increment District in the area was a consideration. W7 This would only extend the district payback about 28 one year . 29 30 6. Drinkina Water 31 32 The City Manager advised that there has been a 33 problem noticed with the City' s drinking water . . 34 There have been black flecks in the water and staff 35 has _ determined these flecks are particles of 36 manganese. He stated that manganese is not harmful 37 to humans nor to animals . 38 39 The City Manager explained that because there is 40 less water usage in the winter, particles of 41 manganese tends to solidify and come through the 42 water pipes . The water is run through three wells 43 which have iron and manganese removal but with less 44 water being run the manganese becomes apparent in 45 the tap water. Presently, the water is being pumped 46 from Well #5 , on the north side of Silver Lake, 47 which is higher in manganese. 48 49 The City could correct the problem by flushing the 50 hydrants but this is no.t possible in cold weather 51 as the flushed water would freeze on the streets 102 and be a hazard. The City Manager suggested 3 changing the air stove in the Filtration Plant may 54 be helpful to solve some of the problem. 1 REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 • 3 PAGE 10 4 5 6 Also, changing to another well rather than Well #5 7 may offer some solution. 8 9 In response to calls from residents, staff has been 10 advising them to run their water for a short period 11 of time and this has cleared the water. 12 13 7 . March Work Session/Caucuses 14 15 The -City Manager noted that the March work session 16 normally would be scheduled on the same evening as 17 precinct caususes . He inquired if members of the 18 Council wished to reschedule this work session. He 19 noted that the only item which may be discussed 20 would be with Dennis Cavanaugh of Apache Plaza. 21 22 Mayor Ranallo suggested this work session not be 23 rescheduled unless there are some important items 24 of business which need to be addressed. 25 26 8 . 1992 Goal Setting Session Report 27 •28 Members of the Council received the City Manager' s 29 1992 Goal Setting Report . Upon review, the City 30 Manager noted that some of the items/goals have 31 already been met and many were in the process of 32 being completed. He referred to some of the non- : 33 priority items which have been completed. 34 . 35 9. Relocation of Polling Place for Precinct 3 36 37 In a memo from the City Clerk, it was noted that it 38 is being recommended that Hennepin County Precinct 39 3 be dissolved and that registered voters in the 40 precinct be added to Hennepin County Precinct 2 . 41 42 The City Manager advised it has been difficult to 43 obtain election judges for this location. 44 Registered voters do not need to be formally 45 notified that the polling place is being relocated. 46 The new location will be in the gymnasium at the 47 Community Center. It is allowed by State Statute to 48 have two polling places for different precincts in 49 the same facility. 50 51 This action must be taken via a formal resolution . 52 The City Manager will prepare a resolution for the 53 next Council Meeting. • 54 f ` I I REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 3 PAGE 11 4 5 6 C. Cable Television Update - Bill Zawislak, Cable 7 Representative 8 9 Zawislak stated he is prepared to present an update of 10 cable activites from 1991 and make recommendations for 11 future use of cable capabilities in the City of St . 12 Anthony. 13 14 In 1991 , Zawislak attended eleven cable meetings which 15 familiarized him with cable related matters . He noted 16 that the personnel for the cable commission is totally 17 reorganized and that a new Executive Secretary was hired. 18 19 All cities who participate in this cable commission have 20 undertaken public access programming from the cable 21 company. In the near future, members of the cable 22 commission will be meeting with all school principals in 23 their respective school districts to view the studio 24 located at Irondale High School and to explore some of 25 the possibilities for cable programming. 26 X27 Zawislak noted that some of the camera capabilities which X28 could have been employed by cities would have been 29 surveillance cameras in the liquor establishments and 30 viewing of wells . Previously, this function was available 31 without cost , but now there is a charge. He noted that 32 much of the local control of cable was taken away by 33 federal legislation. He feels this control will be 34 returned to municipalities by some legislation currently 35 being considered in Washington, D.C. 36 37 Presently, there is thirty-seven percent penetration of 38 cable subscribers in St . Anthony which is up from thirty- 39 one percent . 40 41 Zawislak encouraged the Council to consider local access 42 programming. He felt Council Meetings should be cablecast 43 and suggested there be a "Mayor ' s Report" following each 44 Council Meeting' as .well. as a "City Manager' s Report . " 45 46 With 1 , 342 residents who subscribe to cable in St . 47 Anthony, Zawislak felt - there would be very good response 48 to local access programming and many requests for 49 information . He noted that a monthly newsletter would 50 provide an opportunity for current information to be 51 delivered to residents in a timely manner . 52 153 Mayor Ranallo inquired what the costs associated with 54 local access programming would be to the City. I REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 • 3 PAGE 12 4 5 6 7 Zawislak felt there would be no significant cost at the 8 present time. He noted that the equipment currently 9 available in City Hall is rather outdated. 10 11 The City Manager stated that the staff presently has the 12 equipment to record, but needs the playback equipment . 13 Informational tapes which could be run on local access 14 are available at the Ramsey County library. 15 16 Zawislak suggested the Council authorize the formation of 17 a Cable Commission in St . Anthony. He felt there were 18 many resident who would be interested in serving on this 19 type of committee and who had expertise in the field of 20 cable television. He also felt some of the suggestions of 21 this committee, although -progressive, may cost . 22 23 Mayor Ranallo stated that his position is no funds will 24 be spent on cable while the State and the cities are in 25 a financial dilemma . He recalled that in survey responses 26 only one percent of the subscribers of cable television 27 said they - would be interested in viewing Council 28 Meetings . 29 30 The City Manager stated that to improve the Council 31 Chambers for live cablecasts would require better 32 lighting and cameras . These would cost between $5, 000 and 33 $8 , 000 but would be a one time cost . Volunteer assistance 34 would be sought for operating the cameras and for 35 videotaping other community activities . 36 37 The Mayor again stated his position regarding 38 expenditures for cable matters when the City is 39 experiencing budget problems . 40 41 The City Manager felt a taping of the Goal Setting 42 Session information could be utilized in an experimental 43 manner. He will direct the City' s Management Assistant to 44 prepare this tape and stated it will be run in the next 45 few weeks . 46 47 Councilmember Marks thanked Zawislak for his presentation 48 and stated he favors live cablecasting of City Council 49 Meetings . 50 51 Councilmember Fleming requested a tape of precinct caucus 52 procedures be gotten from the tape library in Ramsey 53 County and run frequently before the caucuses on March 54 3rd. .r 1 REGULAR COUNCIL MEETING 0 2 FEBRUARY 11', 1992 3 PAGE 13 4 5 6 The Mayor thanked Zawislak for all of his work as the 7 City' s cable representative and requested he meet with 8 the City Manager and the Management Assistant to 9 determine what costs would be associated with increasing 10 local access channel presentations . The City Manager 11 stated there will be costs for playback equipment . - 12 13 The City Manager advised that 1993 budgetary 14 considerations have begun as part of the five year; budget 15 plan . 16 17 8 . NEW BUSINESS 18 19 A. Purchase of Pick Up Truck 20 21 Bids were taken through the Hennepin County cooperative 22 bidding process . 23 24 Motion by Marks , second by Enrooth to approve the 25 purchase of a cab and chassis one ton truck from low bids 26 received from Grossman Chevrolet in the amount of a7 $14 , 549 . 8 29 Motion carried unanimously 30 31 B. Resolution No. 92-013, Re: Hennepin County Yard Waste 32 Application 33 34. Motion by Ranallo, second by Enrooth to approve 35 Resolution No. 92-013 being a resolution approving 36 submittal of the 1992 Hennepin County Yard Waste Rebate 37 application. 38 39 Motion carried unanimously 40 41 C. Resolution No. 92-014 ; Re: Improvements to Old Highway #8 42 43 This resolution would authorize a joint agreement between 44 St . Anthony . and Roseville regarding improvements to Old 45 Highway #8 . The City Manager advised there may be minor 46 amendments to the language of the resolution made by the 47 City Attorney. 48 49 Motion by Marks , second by Fleming to approve Resolution 50 No. 92-014 being a resolution authorizing the Mayor and 51 City Manager to execute the agreement between the Cities 52 of St . Anthony and Roseville regarding improvements to &3 Old Highway #8 . 54 1 REGULAR COUNCIL MEETING • 2 FEBRUARY 11 , 1992 3 PAGE 14 4 5 6 Motion carried unanimously . 7 8 D. Resolution No. 92-015 ; Re: Portable Generator _at_ the GAC 9 Plant 10 11 Motion by Enrooth, second by Fleming to approve 12 Resolution No. 92-015 being a resolution authorizing the 13 Mayor and City Manager to execute the amendment to the 14 contract between the City of St . Anthony and the 15 Minneapolis Pollution Control Agency. 16 17 The City Manager advised that the City can expect a 18 $35, 000 payment from the State for this power backup. 19 20 Motion carried unanimously 21 22 E. Resolution No. 92-016 ; Re: Support of Community 23 Development Block Grant Funding for Northwest Youth and 24 Family Services 25 26 Motion by Marks, second by Enrooth to approve Resolution 27 No. 92-016 being a resolution in support of the 28 application for a community development block grant 29 (CDBG) by Northwest Youth and Family Services . 30 31 Motion carried unanimously 32 33 F. Resolution No. 92-017 ; Re: Settlement Agreement with 34 NewMech for Foss Road Lift Station 35 36 The City Manager noted that $12, 613 . 03 of. the payment had 37 been held back and that the cost of the pump has been 38 reduced . He stated that the plant is operational and that 39 there are no more vibrations . The lift stations are 40 designed for twenty year operation but the pumps will 41 have to be replaced eventually. 42 43 Motion by Marks, second by Enrooth to approve Resolution 44 No. 92-017 being a resolution approving the settlement 45 agreement between the City of St . Anthony and NewMech 46 Companies , Inc. and authorzing the Mayor and City Manager 47 to execute said agreement . 48 49 Motion carried unanimously 50 51 G. Ordinance No. 1992-001 ; Re: Amendment to the Amusement 52 Devices Ordinance (First Reading) 53 54 w ' 1 REGULAR COUNCIL MEETING 2 FEBRUARY 11 , 1992 3 PAGE 15 4 5 6 This ordinance will place more control over these 7 amusement devices as they will not be licensed to the 8 owners . 9 10 There are 106 amusement device licenses which can be 11 issued in the City of St . Anthony. The ordinance will 12 prohibit placing more than thirty-five amusement devices 13 in one location. 14 15 The City Manager was requested to contact the City 16 Attorney regarding the impact this ordinance may-have at . 17 Apache Plaza . It was noted that the shopping center has 18 its own security and that City police are not free to go 19 into the shopping area unless requested by the managment . 20 21 Motion by Marks , second by Enrooth to approve the first 22 reading of Ordinance No. 1992-001 being an ordinance 23 relating to licenses for amusement devices ; amending 24 Section 401 : 00 to limit the number of licenses at any one 25 establishment ; and amending Section 401 : 00 to add new 26 sections 401 : 15 and 401 : 20 . 027 28 Motion carried unanimously 29 30 31 9. UNFINISHED BUSINESS 32 33 Winter Maintenance Policy 34 35 The City Manager advised the Council that he and the Public . 36 Works Director are presently drafting a winter maintenance 37 policy. This policy will address snow removal from sidewalks 38 among other items . 39 40 Public Hearina - Re: Water Clean Up 41 42 On Wednesday, February 12th there will be a pubilc hearing 43 held at the Shoreview City Hall . The purpose of this hearing 44 is to present testimony regarding water clean up for bodies of 45 water located' in the Rice Creek Watershed District . 46 47 The City Manager will present the City' s case regarding the 48 status of the water quality in Silver Lake. He will be 49 suggesting.,that the Watershed District be responsible for the 50 costs associated with this clean up project . 51 52 W 53 4 1 REGULAR COUNCIL MEETING • 2 FEBRUARY 11 , 1992 3 PAGE 16 4 5 6 10 . ADJOURNMENT 7 8 Motion by Marks , second by Enrooth to adjourn the meeting at 9 9 : 40 p.m. 10 11 Motion carried unanimously 12 13 14 15 Respectfully submitted, 16 17 18 Jo-Anne Student , Council Secretary 19 20 21 22 Z3 Mayor Clarence Ranallo 24 25 26 27 ATTEST: 28 City Clerk 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54