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HomeMy WebLinkAboutCC PACKET 09231997 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iozzsz Box: 22 Folder: CC PACKETS 19941998 Document: CC PACKET 09231997 bo� • CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA September 23, 1997 7:00 P.M. Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. Ill. APPROVAL OF SEPTEMBER 23, 1997 REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF SEPTEMBER 9, 1997 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. • A. Foster, Ojile, Wentzell & Brever, LLC - $3,000. B. Rieke Carroll Muller Associates, Inc. - $15,726.63. C. Rieke Carroll Muller Associates, Inc. - $11 ,544.79. D. Rieke Carroll Muller Associates, Inc. - $3,500.00. E. Verified Claims. VII. REPORTS. A. Eagle Scout Community Project Presentation, Mickey Morris, Troop 153. B. Planning Commission - September 16, 1997. 1 . Bernard Preussner, for 3209 Skycroft Drive; variance for fence height. 2. Ordinance 1997-008, re: Amendments to lot coverage and parking requirements for permitted conditional uses in R-1 , single family districts. C. Storm Water Management Task Force - Subcommittee report on short term storm water problems. D. Councilmembers. E. Mayor. F. City Manager. • Council Agenda • September 23, 1997 Page 2 Vlll. PUBLIC HEARINGS= None. IX. NEW BUSINESS. A. Resolution 97-042, re: Au#horizing execution of sub-grant agreement with the Minnesota Department of Public Safety, Emergency Management Division for FEMA Infrastructure Program. B. Approval of Election Judges for November 4, 1997 Election. X. UNFINISHED BUSINESS. A. Ordinance 1997-006, re: Amend sign ordinance for .professional buildings (3rd reading). XI. ADJOURNMENT. • I CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 SEPTEMBER 9, 1997 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Wagner, and Faust. 9 Also Present: City Manager Mike Morrison and City Attorney Jerry Gilligan. 10 Councilmembers Absent: Councilmember Enrooth. 11 III. APPROVAL OF SEPTEMBER 9, 1997 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Wagner, second by Marks to approve the September 9, 1997 Regular Council -13 Meeting Agenda as presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF AUGUST 26, 1997 CITY COUNCIL REGULAR MEETING 16 MINUTES. 17 Motion by Marks, second by Wagner to approve the August 26, 1997 City Council Regular •8 Meeting Minutes as presented. 19 Motion carried unanimously. 20 V. LICENSES/PERMITS/PETITIONS. 21 Motion by Marks, second by Faust to approve the following licenses: 22 Contractors License: 23 Nordquist Sign Company, Minneapolis, MN/working at St. Anthony Nursing Home 24 Heating License: 25 Dependable Indoor Air Quality, Inc., Coon Rapids, MN/work at 3425 Fordham Court 26 Multi-Dwelling License: 27 Autumnwoods,Apartments, Long-Nelson Associates/201 Units 28 Motion carried unanimously. 29 VI. PRESENTATION OF CLAIMS. 30 Motion by Marks, second by Faust to approve the following claims: 31 32 A. New Liquor Store. 33 1. St. Anthony Housing and Redevelopment Authority, in the amount of 34 $97,054.12 for reimbursement of expenses incurred for the building of the new 40 5 liquor store at Apache. City Council Regular Meeting Minutes September 9, 1997 • Page 2 1 2. Springsted, Inc. in the amount of$576.85 for Bond printing for $940,000 2 Liquor Store Revenue Bonds, Series 1997. 3 3. Dorsey & Whitney in the amount of$408.01 for legal services rendered . 4 through July 31, 1997 for purchase of Tires Plus building. 5 4. KKE Architects, Inc. in the amount of$2,089.30 for services rendered ending 6 July 25, 1997. 7 B. Barr Engineering Company in the-amount of$2,607.85 for professional services 8 rendered during the period of July 11 through August 1, 1997. 9 C. Braun Intertech in the amount of $2,256.50 for services rendered from June 14 through 10 August 8, 1997 for 1997 Street Improvements Construction Testing Services. 11 D. Dorsey & Whitney in the amount of$1,394.00 for legal services rendered through July 12 31, 1997 for general. 13 E. WSB & Associates in the amount of$1,303.00 for professional services rendered from 14 July 1 through July 31, 1997 for Storm Drainage Task Force. 15 F. 3 pages of Verified Claims as presented by the Finance Director. 16 Motion carried unanimously. 17 VII. REPORTS. 18 A. Presentation of Certificate of Appreciation to Police Reserve Sergeant Richard G9 Hopperstad. 0 Police Chief Richard Engstrom introduced Police Reserve Sergeant Richard Hopperstad who 21 has been with the Reserve Program in the City of St. Anthony for ten years and had also 22 served with the City of Minneapolis for five years. Chief Engstrom commended Sergeant 23 Hopperstad for his commitment to the program year after year. He stated Sergeant 24 Hopperstad was a great asset to the program and has helped make the program what it is 25 today. In recognition of his ten years of service, he was presented with a polo shirt and a $30 26 Barnes & Noble gift certificate. Chief Engstrom also presented him with a gift from the 27 Police Officers in appreciation for his service and help. 28 On behalf of the Mayor and City Council, Mayor Ranallo presented Sergeant Hopperstad with 29 a Certificate of Appreciation for outstanding volunteer community service work for ten years, 30 from 1987 to 1997. Mayor Ranallo thanked Sergeant Hopperstad and all the Police Reserves 31 who do such an excellent job. 32 33 B. Proclamation Designating Kiwanis Peanut Day. 34 Motion by Marks, second by Wagner to approve the Proclamation that Friday, September 26, 35 1997 be .designated as St. Anthony Kiwanis Peanut Day. 36 Motion carried unanimously. 37 Paul Redlinger and Ted Gromek were present to represent.the Kiwanis Club of St. Anthony. 08 Mr. Redlinger thanked the Council for the opportunity to sell peanuts in the City of St. 9 Anthony. He stated he hoped for good weather and looked forward to a good year. City Council Regular Meeting Minutes September 9, 1997 • Page 3 1 Mayor Ranallo thanked the Kiwanis Club of St. Anthony for the work they do in the 2 community. 3 C. Discussion of Property at 2716 St. Anthony Boulevard. 4 Mayor Ranallo noted a letter which was received from Norine (Jaros) and Ted Lockrem, 2716 5 St. Anthony Boulevard on August 29, 1997 in regard to the City purchase of their property. 6 Norine Lockrem, 2716 St. Anthony Boulevard, stated she had appeared at the July 8, 1997 7 City Council meeting and requested that the City of St. Anthony purchase their property at 8 2716 St. Anthony Boulevard. At that time, they requested a response within 60 days. She 9 stated that since that request, a number of events have occurred including the appointment of 10 a City Task Force and declaration by Hennepin County of the area as a federal disaster. 11 Mrs. Lockrem stated that on August 29, 1997, she sent another letter to the City stating that 12 the 60 days would soon be over and requesting them to purchase the property. Since August 13 29 other events have occurred. A week ago Friday, 1.2 inches of rainfall was experienced 14 and the streets were full of water to the point that she was awakened at 3:00 a.m. due to a car 15 stalled in the street. She stated this is indicative of the severity of the problem in St. 16 Anthony. 7 Mrs. Lockrem stated that FEMA has determined that her home is unlivable and will provide 8 three months of rental assistance. She noted how expensive it is to move and stated she did 19 not believe anyone would want to move for three months. She also noted most reputable 20 apartment buildings require a one year lease. She stated she did not feel this was an 21 acceptable solution. 22 Mrs. Lockrem reported that last night her home was inspected by an SBA evaluator. The 23 evaluator stated that although a formal investigation has not been approved, he believed that 24 the structural damage alone was more than 50% of the value of the home. The SBA rule is 25 that if the damage is more than 40% of the value of the home, they will not provide loan 26 assistance as they feel the damage is not worth repairing. She stated she and her husband 27 could not afford a third mortgage but even if they could, it would not be available. The SBA 28 evaluator stated however, that if the Lockrems were to involuntarily leave their home, the 29 SBA could provide assistance in the form of a low interest relocation loan. Mrs. Lockrem 30 stated that if the City of St. Anthony would determine that the property should not include a 31 home, they would be forced to leave the home and would be eligible for an SBA loan. 32 Mrs. Lockrem stated.that her family needed help and a response now. She stated that 33 although her family empathized with their neighbors who also experienced water management 34 problems, her home is the only one that had water at the level where it could come through 35 their front door destroying not only the basement but the upper level as well. She stated she 36 knew it was a difficult decision to make but urged the City to purchase the property because �7 it is the right thing to do. City Council Regular Meeting Minutes September 9, 1997 is Page 4 1 Mayor Ranallo stated that due to the anticipated request for direct assistance to the property 2 owners whose property.was damaged as a result of the July storms, the City has asked for a 3 legal opinion from the City Attorney as well as the League of Minnesota Cities as to whether 4 or not the City can use public money to, in effect, donate funds to voluntarily reimburse the 5 property owners for their damages. 6 It is the opinion of the City Attorney that the City cannot legally make such an expenditure. 7 A valid municipal expenditure must be for a public purpose, which means it must: (1) 8 benefit the community as a whole; (2) be directly related to the functions of government; 9 and the City Legal Counsel feels there does not appear to be any legal authority for the City 10 to give money to citizens who have suffered property damage resulting from the July storms. 11 In terms of buying homes, the City can buy and sell real estate, providing the City has a 12 public purpose for the property such as a ponding area or a park, etc. The purchase of 13 property may be one of the Task Force's long term solutions. 14 Mrs. Lockrem asked the legal opinion in regard to the City's response in terms of 15 condemnation. She stated the property is not livable. FEMA has determined it is not livable 16 and the SBA has determined that the structural damage is more than they would give funds to 17 fix. She stated the City is the only one authorized to condemn the property. She felt this was 18 a different issue than asking the City to give her money. 49 9 City Attorney Jerry Gilligan stated he believed a condemnation of the property is basically a 20 purchase of the property. It is not different. The City has the authority to purchase a 21 property directly or through a condemnation process. 22 Mrs. Lockrem again stated that if the City were to condemn the property (if the City would 23 say that they have to involuntarily leave the property) the SBA could possibly provide 24 relocation funding. She stated there is a difference between giving people public money that 25 is not for the benefit of the general public and condemning a property. 26 Mayor Ranallo asked the City Attorney if he could investigate this and his time frame for 27 doing so. 28 Mr. Gilligan stated he would research and report back to the City within a week. 29 Mrs. Lockrem requested a copy of the statement made by Mayor Ranallo with regard to the 30 legal opinion of reimbursement to property owners. City Manager distributed copies to the 31 audience. 32 Councilmember Marks noted that when the City had condemned property in the past it was 33 for redevelopment purposes. There is nothing like that proposed for this property. 4 Ted Lockrem, 2716 St. Anthony Boulevard, suggested his property could be purchased now 5 for future ponding use. He also stated that he had sent letters to Senators, Representatives, City Council Regular Meeting Minutes September 9, 1997 Page 5 . 1 and even the Mayor of Minneapolis and the only one who never responded to the letters was 2 the City of St. Anthony. 3 Mayor Ranallo stated the City was waiting for a response from Legal Counsel. The City had 4 also responded on a face-to-face level at previous Council meetings. 5 Mr. Lockrem stated that Mayor Ranallo had told him when he visited his home that the City 6 would do something and not to worry. 7 Mayor Ranallo stated he had thought that the City could do something until he received this 8 legal opinion. Mayor Ranallo stated he had also been under the assumption that the Storm 9 Sewer Fund could be utilized but has found out those funds cannot be utilized for this 10 purpose. 11 Mr. Lockrem stated that at the first meeting, the Council had urged him to convince the rest 12 of the City of the problem. He then erected a sign which demonstrated the height of the 13 water level. The only letter he had received was a letter from the City telling him to remove 14 the sign. He asked how else he could educate the City and stated he felt the sign was 15 removed because someone down the street was selling their home and did not want anyone to 16 know the severity of the problem. He stated the sign is going back up. . 7 8 D. Appoint Additional Members to the Storm Water Task Force. 19 Mayor Ranallo reported that as of the application deadline one application was received for 20 the Task Force. The application was received from Dennis Cavanaugh, who is unable to be 21 present at the Council meeting this evening but still wishes to be a member of the Task Force. 22 Motion by Marks, second by Wagner to appoint Dennis Cavanaugh to the Storm Water Task 23 Force in accordance with the reopening of the application process. 24 Motion carried unanimously. 25 E. Silver Lake Road Bridge Project. 26 Dan Solar, Ramsey County, stated this project has been discussed at public meetings and 27 through the Comprehensive Plan Update.process. The project will include the reconstruction 28 of the bridge on Silver Lake Road north of 37th Avenue. The two existing bridges are quite 29 old and deficient and will be replaced with a single new bridge in the same location. The 30 project includes three separate areas: the bridge itself; the top of the bridge including railings, 31 etc.; and the piece of Silver Lake Road between County Road D and Silver Lane. 32 Mr. Solar reported the bridge can be built, the curbs fixed, and a mill and overlay completed 33 at 100% County cost. There have, however, been a number of requests from residents to 34 provide the same enhancements to the roadway which were done on Silver Lake Road south 85 of Silver Lane. These enhancements would include a median surface enhancement which 6 would cost $16,500. Approximately $7,500 of this cost could be paid with State-Aid Funds. 37 The remainder would be paid with Local Funds. Another possible enhancement would be City Council Regular Meeting Minutes September 9, 1997 • Page 6 . 1 lighting which would cost approximately $126,000. State-Aid Funding could be used for this 2 enhancement if the lighting poles and fixtures are City standard units. 3 Mr. Solar stated another possibility is the addition of sidewalks on the east side of Silver Lake 4 Road at a total cost of$33,460. The County has recently changed their policy and would 5 fund 25% of the cost which would result in a cost to the City of$25,100. This does not 6 include the cost of the sidewalk on the bridge as that cost is included in the bridge cost. 7 State-Aid Funds could be used for the cost. 8 Mayor Ranallo stated he has received several calls from residents who do not want a sidewalk 9 installed on the east side of Silver Lake Road. They are concerned with the loss of parking 10 area and turnaround. This would affect the townhome owners especially, and Mayor noted a 11 public meeting should be held to discuss this issue. 12 Marks asked if the sidewalks would be installed adjacent to Silver Lake Road. 13 Mr. Solar stated that normally the sidewalks are installed six to eight feet from the curb. He 14 noted that at the intersection of Silver Lane the sidewalks may be adjacent to the curb. 15 Marks noted there have been problems in the past with the clearing of ice and snow on the �6 sidewalks on the west side of the bridge. There has been a conflict as to who was responsible 7 for the clearing.of the sidewalks. 18 Mr. Solar stated the clearing of snow on sidewalks is clearly the responsibility of the City but 19 the clearing of snow on a bridge is clearly the responsibility of the County. He noted 20 however sidewalks are not a high priority to the County. 21 Marks stated he was concerned with the bridge design. He noted that the plowing of the 22 current bridge creates a ridge of ice that is extremely dangerous. 23 Mr. Solar-stated another element of the bridge project is the installation of a new watermain 24 on the west side of Silver Lake Road. The current watermain is under Silver Lake Road and 25 presents a number of problems in terms of servicing. The cost for installation of the 26 watermain is $168,000. He noted replacement of the sidewalk on the west side of Silver Lake 27 Road is included in this cost although he inspected the sidewalk and felt it was generally in 28 good shape. 29 Morrison noted he had asked Bob Moberg of RCM to determine if the watermain needs to be 30 replaced at this time. 31 Mr. Solar then presented four options for bridge enhancements. He responded to a previous 32 question of Councilmember Marks by noting that the new design will allow the snow to be Is 3 pushed off the bridge and not onto the sides as the previous design required. 34 Mr. Solar asked the Council for direction as to how to move forward with the project. City Council Regular Meeting Minutes September 9, 1997 • Page 7 1 There was Council consensus to install the median and lighting enhancements on Silver Lake 2 Road, to continue analysis of the necessity of the new watermain through consultation with 3 Bob Moberg of RCM, for Ramsey County to layout the sidewalks on the east side of Silver 4 Lake Road to determine the impact to residents, and that no action be taken in regard to 5 bridge enhancements at this time. 6 F. Councilmembers. 7 Councilmember Wagner reported he had spoken with Mike Bonaventura, a resident of St. 8 Anthony, who frequently runs through Central Park in the evenings with his dog. Mr. 9 Bonaventura stated he has not seen any acts of vandalism in the Park but that he will watch. 10 Councilmember Faust reported he will attend another Storm Water Task Force meeting 11 tomorrow evening. He also reported that on Thursday he will attend a League of Minnesota 12 Fiscal Futures meeting as they will begin to consolidate their plans for the legislative session. 13 Councilmember Marks reported the Sister City Committee is in the process of getting the 14 organization incorporated. This should be completed within the next few weeks. He also 15 reported a Sister City Conference will be held in Duluth this Saturday and he and his wife are 16 planning to attend the event. 7 G. Maw 8 Mike Jacobs, 2914 29th Avenue NE, stated he could not help but be mortified after the 19 response of the City to the Lockrem's request. He stated it reaffirmed the position of the City 20 to do nothing in regard to the situation. He felt there are several good people in this 21 community working to find a solution but he has yet to see the City come forward with some 22 sort of support. He stated he found it troublesome that the City would contact an attorney to 23 obtain legal representation when talking about helping neighbors. All the responsibility for a 24 solution has been passed to the Task Force. The City has backed out of their responsibilities. 25 He stated it is the City's responsibility to look at the residents affected and do something 26 about it. 27 Mr. Jacobs stated he loves this community but is beginning to lose heart very quickly. He 28 questioned why anyone would want to live in St. Anthony now. He asked that the City 29 Council see the needs of people, the people who are hurting. Two months have gone by with 30 no action and he did not want another two months to go by. When people are at this level of 31 devastation something needs to happen. Residents are trying to help and offer support but he 32 sees the City continually back pedaling the issues. He stated he was troubled with going to 33 the next Task Force meeting because if they make a suggestion the City will say that they 34 cannot legally do it and nothing will be done again. 35 Mr. Jacobs stated the City has to develop a kinship and take the lead. He stated that 36 something has to be done relatively quickly as winter is approaching. He felt that if the 10 7 Council's families had the same situation, they would do everything in their power to help. City Council Regular Meeting Minutes September 9, 1997 Page 8 • 1 Mayor Ranallo stated that if it were up to him personally, he would take care of it but he 2 does not have that authority. He and the Council have a fiduciary responsibility. He stated 3 the City has to look at what they can do legally. 4 Mr. Jacobs questioned the point of benefitting the community as a whole. He noted that the 5 exterior of his house is in need of painting but because his basement if full of sewage he is 6 unable to deal with that repair. This affects the whole community. He stated that fixing the 7 water problem would benefit the entire community. He stated that he did not see any reason 8 to continue on the Task Force if the end result would be to do nothing and all the time and 9 effort would be in vain. 10 Mayor Ranallo stated the Task Force is working to find a solution on how to take care of the 11 water problem. He noted he had suggested the City purchase the two acre Town and Country 12 site to use as a holding pond but the engineers have stated that would not solve the problem. 13 Mr. Jacobs stated he had a hard time seeing the projects and the amounts budgeted for 14 development in the City and the continual ignorance of this situation. 15 Mayor Ranallo stated the City did not know the solution and that is why they have put 16 together the Task Force. He stated his response did not come from his heart but from his �7 fiduciary responsibility in the City. 18 Wagner stated it is not that the City does not want to provide funds. The City has checked 19 with a number of attorneys and also other cities to determine what they can do. The City 20 cannot spend their own funds. Other cities are spending donated funds but the City of St. 21 Anthony has not received any donated funds. 22 Mayor Ranallo again stated he had thought the funds from the Sewer Fund could be used but 23 it has been determined that they can't. 24 Morrison noted the Sewer Fund could be used to purchase a home if the land was to be used 25 as a holding pond, if it would serve a public purpose. 26 Mr. Jacobs stated he cannot live in his house anymore. He has thought of abandoning the 27 home. He stated the City Councilmembers are voted into office and they need to support the 28 issue and determine a solution. 29 Marks noted a major study of the flooding problem was conducted seven years ago and no 30 obvious answers were determined. He hoped the people on the Task Force would act as 31 champions for ideas and find ideas that will fit within the constraints that the City and 32 residents have to work within. Mr. Jacobs asked, as a Task Force Member, for guidelines to work-within to be able to make 4 progress. He stated these residents have a right to clean water and a sewer system that works 35 just like everyone else. City Council Regular Meeting Minutes September-9, 1997 • Page 9 1 Wagner suggested fundraising and donations. He stated he would personally support this 2 effort. 3 Faust stated the City had fought hard to get federal, state, and other funds for short-term 4 assistance. When it was clear that none of the funds were available, the City asked if they 5 could spend City funds. The answer is no. He suggested that any suggestions or 6 recommendations from the Task Force need to have a plan that will serve the problem over 7 the long run. He stated he did not know of a source for short-term relief. He stated the idea 8 of fundraising was good but he did not know where to begin. 9 Mr. Jacobs stated people needed to use not only their heads but also their hearts in this 10 situation. These people are backed into a corner. He asked the City Council to consider 11 guidelines for the next Task Force meeting. 12 Mary Ann Kuharski, 2709 Pahl Avenue NE, stated this should not be looked at as a donation 13 or reimbursement to the property owner for damages. This is a drastic problem in the 14 community which may warrant assistance to the property owners. She stated her property had 15 flooding again last week. This is the fourth time this year. This problem is a public health 16 hazard. She stated it is an urgent matter of justice. A storm sewer system that works is 17 necessary for public health reasons. She also noted there is a safety issue involved. She �8 stated her fear is that with the continuing flooding, someone will eventually drown. She felt 49 this problem should be seen as a disaster due to the public health and safety issues. She 20 stated she could not imagine holding a fundraiser for a new sewer system because the City 21 should take care of that. 22 Wagner stated that he had suggested fundraising for the purpose of reimbursement to affected 23 residents. 24 Brian Thuesen, 2804 Pahl Avenue NE, stated he has been a resident of St. Anthony for five 25 years. When he moved to St. Anthony he could not believe the positive responses and almost 26 envy he received from people. He stated the night of the July storm he had to park three 27 blocks from his home and wade through waist deep water to get to his house. He did not 28 have water in his basement but feels for his neighbors that did. He stated he was appalled at 29 the pitting of the north side against the south side of the City. This was not acceptable and 30 had to stop. He stated he was disturbed by the lack of empathy exhibited by the City. He 31 stated he felt that roadblocks were being set up every time something tried to get done. If 32 nothing is done in regard to the problem the property values on the south end of town will be 33 affected and that will affect the entire community. 34 Marks noted flooding did occur on the north side of town also. He stated the Council would 35 like the situation resolved for the entire City. 0 Mr. Thuesen suggested the City needed to work harder with the legislature. 37 Wagner stated he had met with Senator John Marty three times. City Council Regular Meeting Minutes September 9, 1997 • Page 10 1 Mr. Thuesen suggested that the purchase of 2716 St. Anthony Boulevard would benefit the 2 City. 3 Mayor Ranallo noted he has been driving through the City for 35 years and has had to deal 4 with this issue. This problem has been in existence for many years. 5 Mr. Thuesen noted the engineers are saying the solution will cost millions of dollars. He 6 questioned the future of St. Anthony is the City can't afford the solution. 7 Wagner stated that is the reason that the City is attempting to obtain metropolitan help. The 8 system extends out of the City of St. Anthony and all the way to the Mississippi River. 9 Mr. Thuesen questioned if the City had been bamboozled with the Quarry Center. He noted 10 when that land was lost it had to have an affect. 11 Mayor Ranallo stated the City was told that it would not have an affect. He also noted that in 12 an attempt to stay informed, a Councilmember is a member of the Task Force of the Upper 13 Mississippi/Lower Mississippi Watershed District. 14 15 Mr. Thuesen stated he felt for the neighbors and suggested there was a need for better �6 communication between the residents and the City. 17 John Kuharski, 2709 Pahl Avenue NE, stated he was against a sidewalk on Silver Lake 18 Bridge because it would cover more land and affect the flooding problem. He stated he was 19 not in favor of any enhancements as he felt the money should be spent on the storm sewer. 20 He also questioned how money from the Sewer Fund could be used for waste management 21 pick up of trash. 22 Mr. Kuharski stated he was upset to come to this meeting the day before a Task Force 23 meeting and learn that no public funds can be spent on the water problem. He stated he is a 24 member of a sub-committee of the Task Force which spent 40 hours coming up with solutions 25 which have been shot down in two minutes. He stated the City Council accuses the Task 26 Force of meeting privately and yet did not inform the members of the law. Now the Council 27 did not inform Task Force members that City Funds can't be used. He stated his first 28 reaction was to resign from the Task Force. 29 Faust urged Mr. Kuharski and all members of the Task Force not to resign. 30 Mayor Ranallo stated he had just learned today that City funds could not be used. He noted a 31 legal opinion had not been requested earlier because the City was still hopeful that they would 32 receive federal or state funds. Mr. Kuharski stated he thought funds were also coming from the City. City Council Regular Meeting Minutes September 9, 1997 • Page 11 1 Mayor Ranallo stated the City did not have that kind of money. They had to acquire funds 2 from another source. When the legislature verbally advised the City that no funds were 3 available, Mayor stated that he suggested the Sewer Funds be utilized. He also suggested that 4 the City triple that amount so they could provide an estimated $500,000. He.was then told 5 that this could not be done. The City Attorney was contacted and he stated this was not 6 legally allowable. Other attorneys were contacted and they responded in the same manner. 7 Mayor Ranallo stated that in regard to the public meeting law he had never imagined that the 8 citizens of St. Anthony working on a Task Force appointed by the City would hold a private 9 meeting. He stated that all he had done was caution the members that this was not allowed 10 and that there could be a problem. 11 Mr. Kuharski questioned how citizens would know that they are not allowed to meet without 12 notice. He stated it would have been nice if someone could have informed the Task Force 13 members that the City was obtaining a legal opinion in regard to the use of City funds. He 14 questioned why it was not brought up at the last Task Force meeting. 15 Marks noted that the Council is very limited on what they can do and they are constantly 16 obtaining legal opinions about everything they do. He stated the City is accustomed to that. 17 A citizen may not be accustomed to it or even know it. It is a different mind-set. He stated a Task Force has never held a private meeting before. He stated he was personally shocked but he realized that it is a different mind-set. 20 Mr. Kuharski stated he felt there was no communication from the City. He felt there was a 21 brick wall between the City and the Task Force. 22 Wagner stated he had looked at the previously mentioned recommendations of the Task Force 23 sub-committee and he did not believe they were all wasted. He stated the source of funding 24 may need to be changed but the ideas may be useful. He hoped that Mr. Kuharski would stay 25 with it and continue. 26 H. City Manager. 27 Mornson reported the Building Inspector selection process is close to resolution. The City 28 currently is negotiating with a private firm and the City of New Brighton. The advertising for 29 the Public Works Director position closed today and 20 applications were received. The 30 process will continue with a decision and recommendation in mid October. He noted Public 31 Work Director Larry Hamer's last day will be November 21, 1997. 32 Morrison reported he had worked through the final punch list for the City Hall with the 33 contractor and hopes to have that job completed soon. 34 Morrison reported the steel for the construction of the new Liquor Store has been delayed by two weeks. This will delay the opening of the store from November 1 to November 11, 1997. City Council Regular Meeting Minutes September 9, 1997 • Page 12 . 1 Morrison reported there is one, possibly two, openings in the Police Department. The new 2 test was given and 114 candidates applied. At a recent work session with the Department 3 Heads of the City there was discussion of the need for additional police officers due to the 4 increased demand in the parks and the CUB Foods Store. Staff is researching the Clinton 5 Cop Program which will fund 75% of an officer's salary for the first three years. It is 6 possible this could be used to supplement two new officers next year. 7 Mr. Jacobs stated his daughter and a lot of his children's friends would like the opportunity to 8 use the gym but he was told that there was an insurance liability conflict. He stated he would 9 be willing to chaperone a night where his kids could come and use the gym rather than 10 having to go to other communities and use their facilities. 11 Morrison noted that Community Services offers an open gym. He explained that when the 12 gym was opened there was a large number of requests to leave the gym open for use and the 13 insurance company stated the City could not because use of the gym required supervision. 14 Community Services is in need of more parents or supervisors to participate. Morrison stated 15 he would let Kathy Knapp know that Mr. Jacobs was interested. 16 Wagner suggested the possibility of involving a Community Service Officer with the open 17 gym. is VIII. PUBLIC HEARINGS'- None. 19 IX. NEW BUSINESS. 20 A. Resolution 97-038, re: Amend Assessment Policy Pertaining to Sidewalk Assessments. 21 Marks noted that the previous policy in regard to the sidewalk assessments was somewhat 22 vague and ambiguous. This resolution would merely clear up the policy. 23 Motion by Marks, second by Faust to approve Resolution 97-038, approving the third 24 amendment to the assessment policy of the City of St. Anthony. 25 26 Motion carried unanimously. 27 B. Resolution 97-042, re: Set Proposed 1998 Tax Lew and City Budget. 28 Motion by Marks, second by Wagner to approve Resolution 97-042, setting the City of St. 29 Anthony Proposed 1998 Tax Levy and Budget in compliance with the Truth in Taxation Act. 30 Marks noted that this is not a "stand in place" budget. This takes into account a cost-of-living 31 adjustment. 32 Morrison noted the levy increase is 2.4% and the budget increase is 3.6%. 33 4VMotion carried unanimously. 35 C. Resolution 97-043, re: Participation in Local Housing Incentives Act. City Council Regular Meeting Minutes September 9, 1997 • Page 13 1 Motion by Marks, second by Faust to approve Resolution 97-043, electing to continue 2 participation in the Local Housing Incentives Account Program under the Metropolitan 3 Livable Communities Act for calendar year 1998. 4 Motion carried unanimously. 5 X. UNFINISHED BUSINESS. 6 A. Ordinance 1997-006, re: Add Professional Buildings to Comprehensive Sign Plan 7 2nd Readina ). 8 Motion by Marks, second by Wagner to approve the 2nd reading of Ordinance 1997-006, an 9 Ordinance relating to signs, amending Chapter 14 of the 1993 St. Anthony Code of 10 Ordinances, by adding Subd. 36 to Section 1400.04; and by amending Section 1400.09, Subd. 11 5. 12 13 Motion carried unanimously. 14 XI. ADJOURNMENT. 15 Motion by Wagner, second by Marks to adjourn the meeting at 9:19 P.M. Motion carried unanimously. 17 Respectfully submitted, 18 Lorri Kopischke 19 Timesaver Off Site Secretarial 20 21 Mayor 22 ATTEST: 23 City Clerk • 1 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES SEPTEMBER 9, 1997 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 9:20 P.M. 6 II. ROLL CALL. 7 Commissioners Present: Chair Ranallo; Secretary Marks, and Commissioners Wagner 8 and Faust. 9 Also Present: Executive Director Michael Momson and City Attorney Jerry Gilligan. 10 Commissioners Absent: Vice Chair Enrooth. 11 III. APPROVAL OF SEPTEMBER 9, 1997 HRA AGENDA. 12 Motion by Marks, second by Wagner to approve the September 9, 1997 HRA Agenda 13 with the following change: 14 Under VII. Other Business add: A. Old St. Anthony City Hall & Community Center: 15 Change Order #2 Additional.Excavating 16 Motion carried unanimously. IV. APPROVAL OF AUGUST 12, 1997 HRA MINUTES. Motion by Marks, second by Faust to approve the August 12, 1997 HRA minutes as 19 presented. 20 Motion carried unanimously. 21 V. PRESENTATION OF CLAIMS. 22 Motion by Marks, second by Faust to approve the following claims: 23 A. General 24 1. Dorsey & Whitney in the amount of $626.24 for legal services rendered 25 through July 31, 1997 for HRA acquisition of residential property for 26 redevelopment. 27 B. Agent Fees for Bonds 28 1. Firstar Corporate Trust 29 a. In the amount of $193.00 for St. Anthony MN 1991A GO 30 Refunding Bonds. 31 b. In the amount of$122.00 for St. Anthony MN 94A GO Tax 32 Increment Ref. Bonds. 33 C. In the amount of$187.00 for St. Anthony 1995B GO Tax 34 Increment Bonds. Motion carried unanimously. Housing and Redevelopment Authority Meeting Minutes September 9, 1997 • Page 2 1 Motion by Marks, second by Wagner to approve the following claims: 2 C. Tennis Courts 3 1. Brock White in the amount of$2,769.77 for materials. 4 2. Rebarfab, Inc. in the amount of$223.65 for materials. 5 D. Comprehensive Plan Update 6 1. BRW, Inc. in the amount of$3,092.07 for period covering June 28 7 through July 25, 1997. 8 E. Tax Increment Finance Payments to Developer 9 1. Central Investment Corporation in the amount of$12,500.00 Nedegaard 10 Construction Company, Certificate of Occupancy for Lot 1, Block 1, 11 The Village Commons. 12 F. City Hall 13 1. Demolition of Parkview Building 14 a. DKH Excavating, Inc. in the amount of$20,985.00 for Pay 15 Application #3. 16 2. Payment Request, re: New City Hall 17 b. Graus Construction in the amount of$127,152.95 for Pay 18 Application #14 St. Anthony Community Center. Motion carried unanimously. 21 VI. DISCUSSION OF TENNIS COURTS. 22 Mornson explained a proposed change to raise the elevation of the tennis courts. 23 There are two contractors involved in this phase of the project at present: Graus, who 24 is to finish the retention pond in the SW corner of the site, and DKH, who is to finish 25 grading the old building site. The proposed change would have DKH do the retention 26 pond work and place the material from the pond area under the new tennis courts, 27 thereby raising the elevation of the courts by 12 inches, for a cost of$13,625; and add 28 another 6 inches of crushed limestone for an additional $11,100 resulting in a total 29 change in elevation of 18 inches and a cost of$24,725. Graus has offered a credit of 30 $3,750 for deleting the retention pond work which would result in a net add to the 31 City of$20,975 for raising the courts. If Graus were to continue the retention pond 32 work the material will be hauled off site. DKH would have to bring in other material 33 to raise the elevation 12 inches at a cost of approximately $18,000 plus the $11,000 34 for the 6 inches of limestone. The net add to the City would be $29,000. 35 Wagner asked why the elevation had to be raised. 36 Mornson explained the Public Works Department did not perform a survey of the site 37 originally. A survey has now been completed and BRW and RCM are recommending 38 the elevation be raised so the water will drain properly. 0 Mornson noted there is not an official change order but because of the timing, he is 40 recommending the HRA approve this change. Housing and Redevelopment Authority Meeting Minutes September 9, 1997 • Page 3 1 Motion by Marks, second by Wagner to allow DKH to finish the retention pond work 2 and place the material in the pond area under the new tennis courts, thereby raising the 3 elevation of the courts by 12", for a cost of$13,625; and add another_6" of crushed 4 limestone for an additional $11,100 resulting in a-total change in elevation of 18" at a 5 cost of $24,275. 6 Mornson noted this would result in a-savings to the City of $9,000. 7 Motion carried unanimously. 8 Mornson reported the budget for the tennis court has changed. The original budget 9 was $40,000. There is $84,000 remaining in the contingency fund. Mornson 10 recommended the City use approximately $60,000 of the contingency fund to complete 11 the tennis courts. Mornson stated the City Hall/Community Center is 95% complete so 12 the $24,000 remaining in the contingency fund should be plenty for any unforeseen 13 expenditures. 14 Motion by Marks, second by Faust to allow City Manager to continue with the tennis 15 courts and utilize approximately $60,000 from the contingency fund for completion. Motion carried unanimously. 17 VII. OTHER BUSINESS 18 A. Old St. Anthony City Hall & Community Center Demolition: Change Order 19 #2, Additional Excavating. 20 Mornson reported this change order is for additional excavating by DKH Excavating, 21 Inc. in the amount of$18,240 required due to the tank spill. 22 Motion by Marks, second by Faust to approve Change Order #2 for additional 23 excavating by DKH Excavating, Inc. in the amount of$18,240. 24 VIII. ADJOURNMENT. 25 Motion by Marks, second by Ranallo to adjourn the meeting at 9:32 P.M. 26 Motion carried unanimously. 27 Respectfully submitted, 28 Lorri Kopischke 29 TimeSaver Off Site Secretarial • Saint Anthony Village Date: September 23, 1997 Approval: To: Mayor and Councilmembers From: Judy Monson, License Clerk Item: License and Permits for Approval: Contractors License: Tom Walek Construction, St. Anthony, MN/working at 3317 Roosevelt Ct ECI Building Contractors, Mendota Heights, MN/working at new service station on Silver Lake Road Saint Anthony Village DATE: September 23, 1997 Approval: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval Temporary 3.2 Beer and Wine Permit: St. Charles Borromeo Mardi Gras Celebration/February 22, 1998 2727 Stinson Boulevard No.247—Application for Municipal License;General Form. (Revised 1926.) MILLER-DAVIS CO..MINNEAPOLIS btate of 01innegota, ss. County of.........Hennepin City Council City TOTHE...............................:.........................................................................OF THE................................................................................. ......................... OF.....................St.................................Anthony.............................................................................................................IN S.iIID COUNTY' .gJV'D ST.gTE: The undersigned hereby applies xa¢x...temporary 3..,2 :beer.. and wine permit at St. Charles Borromeo - Mardi Gras Celebration . .. ................................................................................................ in the.................CitY........................................of..............St.....Anthon.Y................................:........in said county and state for the term of............one............da .......Y.............................................from the date hereof, subject to the laws of.Minnesota and the ordinances of said...............CitY..............................................; and herewith tenders$............_p_......................as the license feetherefore................................................................................................................................................................................... ............................................ ............................................................................................................................................................................................... .............................................................. ..... ................................................................................................................................................................................................... ..........................:.............. ........... *February 22, 1998 ......................................................................................................................................................:........................................ .............................................................. Mardi Gras Celebration ...........................................................................................................................................................................:................... .............................................................. St. Charles Borromeo ................................................................................................................................................................................................. .................................................. 2727 Stinson Boulevard- ............................................................................................................................................................................................... .............................................................. St. Anthony, MN 55418 ............................................................................................................................................................................................... .............................................................. ......................................................................................................................:........................................................................ .............................................................. ............................................................................................................................................................................................... .............................................................. ............................................................................................................................................................................................... .............................................................. ............................................................................................................................................................................................... ............................................................... Dated..............................................................................19............. The Church of St. Charles Borromeo 2420 St. Anthony Boulevard, Minneapolis, Minnesota 55418 The Rectory August 13 , 1997 Mayor Clarence Ranallo City of St. Anthony 3301 Silver Lake Road St. Anthonv, MN 5541.8 Dear Mayor Ranallo: The Church of St . Charles Borromeo will hold its annual Mardi Gras Celebration on February 22 , 1998 . This year , as in the past , we would like to sell 3 . 2 beer and wine that day. We are respectfully requesting a permit from the City of St . Anthony to allow the sale of 3 . 2 beer and trine at the • Mardi Gras Celebration. The event takes place in the school located at 2727 Stinson Blvd . Thank you for your consideration in this manner . Sincerefy, Ginny Davis Mardi Gras Chair Ginny Davis 2801 36th Avenue NE St . Anthony, MN 55418 1~oster,Ojile,Wentzell & Brever,LLC- Attorneys at Law Suite 201 Anthony Place • 2855 Anthony Lane South St.Anthony MN 55418 (612)789-1331 FAX:(612)789-2109 City of St. Anthony September 3, 1997 3301 Silver Lake Road St. Anthony MN 55418 Attention: Roger Larson In Reference To: 8001.01 Invoice# 20804 Hours Amount For professional services rendered 0.00 $3,000.00 Previous balance $3,000.00 8/14/97-Payment-thank you ($3,000.00) • Balance due' $3,000.00 Thank you for your business! Payments maybe made using your VISA or MASTERCARD TOM Rieke Carroll Muller Associates, Inc. INVOICE / Engineers * Architects • Land Surveyors STATEMENT O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E. MINNETONKA,MN 55343 GAYLORD,MN 55334 F] ST.CLOUD,MN 56301 GRAND RAPIDS,MN 55744 612 935-6901 (507)237-2924 (320)253-1000 218 326-4508 SEPTEMBER 8, 1997 INVOICE NO. 14290 PROJECT NO. 10367.02 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: LARRY HAMER FOR : 33RD AVENUE DESIGN PROFESSIONAL SERVICES FROM JULY 27, 1997 TO AUGUST 30, 1997 ----------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS AMOUNT CIVIL ENGINEER 27. 0 STRUCTURAL ENGR 3. 5 • CONST SERV ENGR ENGR TECH/DESIGN - 62. 5 DESIGN/DRAFTSPER 77. 0 SECRETARY 1 . 0 TOTALS 179. 5 12, 441 . 75 TOTAL LABOR 12, 441 . 75 REIMBURSABLE EXPENSES HIRED TRAVEL 69. 41 REPRODUCTION 0. 26 TOTAL REIMBURSABLES 69. 67 69 . 67 TOTAL THIS INVOICE S 12, 511 . 42 OUTSTANDING INVOICES NO. 14237 DATE 08/04/97 3, 215. 21 TOTAL 3, 215. 21 3, 215. 21 • TOTAL NOW DUE $ 15,726 . 63 I declare'•underthd penalties_of,law that this account, claim or.gSTand_ '. is just and correc n nd part_ it be n paid J ' SInPTATURE OF MANT - EDM Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT P.O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E. MINNETONKA,MN 55343 GAYLORD,MN 55334 ST.CLOUD,MN 56301 GRAND RAPIDS,MN 55744 612 935-6901 (507)237.2924 (320)253-1000 218 326-4508 SEPTEMBER 8, 1997 INVOICE NO. 14289 PROJECT NO. 10366 . 03 CITY OF ST . ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: LARRY HAMER FOR : 1997 STREET/WATERMAIN IMPROVEMENTS CONSTRUCTION PROFESSIONAL SERVICES FROM JULY 27, 1997 TO AUGUST 30, 1997 ----------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS AMOUNT CIVIL ENGR 3. 0 CONST SERV ENGR 49. 0 • REPROD TECH ti`: '-'C.3 = SECRETARY TOTALS - 53. 4 3, 176 . 74 TOTAL LABOR 3, 176 .74 REIMBURSABLE EXPENSES HIRED TRAVEL 166. 23 REPRODUCTION 3. 14 MISC. REIMBURSABLE EXP. 37. 63 TOTAL REIMBURSABLES 207. 00 207. 00 TOTAL THIS INVOICE $ 3, 383. 74 OUTSTANDING INVOICES NO. 14236 DATE 08/04/97 8, 161 . 05 TOTAL 8, 161 . 05 8, 161 . 05 TOTAL NOW DUE S 11 , 544. 79 • I djustand-correct.and.no eclare°unde�,th.e_penalties of law`that-,this account, glaim�or'demdnd_. is rt of it s been paid - X. - SIGNATURE OF C I NT cDflo Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT P.O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E. MINNETONKA,MN 55343 El GAYLORD,MN 55334 ST.CLOUD,MN 56301 El GRAND RAPIDS,MN 55744 612 935-6901 (507)237-2924 (320)253-1000 (218)326-4508 SEPTEMBER 8, 1997 INVOICE NO. 14283 PROJECT NO. 10408. 01 CITY OF ST. ANTHONY 3301 - SILVER LAKE ROAD . ST. ANTHONY, MN. 55418 ATTN: LARRY HAMER / FOR : 1998 STREET IMPROVEMENTS FEASIBILITY REPORT PROFESSIONAL SERVICES FROM JULY 6, 1997 TO AUGUST 31 , 1997 ---------------------------------------------------------- FEE TOTAL FEE 3 , 500. 00 PERCENT COMPLETE 100. 00 FEE EARNED 3, 500. 00 i -TOTAL'°'EARNED 3, 500. 00 PREVIOUS `FEE BILLING _x ; '.-CURRENT. FEE BILLING 3, 500. 00 TOTAL THIS INVOICE S 3, 500. 00 • 1 dedlare uriderahe'penalties.of law;that this'account,_claim or.demand•'-: is just and_:co =and,no- rt of it h"'s been paid -X r - SI ATURE OF C T ANC-I A -ST-._ANTH-ON�--VILLAG /17/97 15:01 Check Register GL540R-VO4'40 PAGE H.E -__AM{-UMI-_--_ FIRG FIRSTAR ST ' ANTHONY- CHECKING 001360 A & C SMALL ENGINE 5301 09/24/97 3'40 008227 AIRTOUCH CELLULAR 5302 09/24/97 179. 11 . MER.I��AM_'E���BE��--'__--_---__-__--_---_��3�3' 000120 AMERICAN LINEN '/ 5304 09/24/97 15.00 '00001 BAJA BOOMS 5305 09/24/97 47'50 ��ON8L-�0E-FjE.E_$�E'_______53O6 007253 BRAKE & EQUIPMENT ,WAREHO 5307 09/24y97 187 .75 007157 8ROCK WHITE COMPANY, LLC 5308 09/24/97 83'07 T189�-_'--��ABLS�/M_-E(�WI]�����]�-��{�'-------_-_---�- __Ei�(}SLJ���24 --_--�3-]2'.3A_--_-� 005198 CENTRAL LOCK & SAFE CO 5310 09/24/97 8.00 007380 CERES ENVIRONMENTAL SERV 5311 09/24/97 18.00 �--- 008184-_ CITY OF_8L.OQM��N_________5��_�09/24 -/2 ___�___����_-_ .00002 :CITY OF COLUMBIA HEIGHTS 5313 09/24/97 40�OO 000685 COAST TO COAST 5314 09/24/97. 389'44 007377 COM9TON "S COMMERCIAL CLE 5316 09/24/97 3,834.00 007382 CROWN FENCE & WIRE COMPA 6317 09/24/97 21 .30 005234 O.I.S[r--1 NQ 99/2�/ �� q7__-_--'-_-_�� " 5 �� --_.-_ 007178 D-ROCK CENTER & SMALL EN 5319 09/24/97 259.84 .00003 DON 'S CAR WASH OF MN INC 5320 09/24/97 265.00 �- 005122 DRUSCH/DOMALD 5322 09/24/97 319.48 008184 DULZ/KIM8ERLY 5323 09/24/97 219'82 000860--' _E]���l-R[)M�RI/�H/�8C.-__-__'-_'__'-_-'_-S3����- 000920 FEED RITE CONTROLS 5325 09/24/97 7. 77 .OQQQS FRONTLINE PLUS FIRE 5326 09/24/97 70.00 - --_-_/J��3i�2- ---.jFL|E�'{]ILS1��VI{��'-[�O��-_IN[___'_----'-532.7 '- - .68 43�24y97 001025 G & K SERVICES 5328 09/24/97' 001030 G & K SERVICES 5329 09/24/97 185.96 --- =<00003-_-_ GEN]ElA.-�REPA�IR_SERV,ICE -533CL'09/24/97--___-'--l-"��'�����{�___'_- -- 001140 GENUINE PARTS COMPANY 5331 09/24/97 4'88 001165 GOODALL RUBBER CO 5332 09/24/97 31 .84 --- 001180 __- OQIN COMPAN�___--__ _ 53� 09/24/97 001230 GOPHER STATE ONE CALL 5334 Q���4��� 99' 75 .00008 GRAFIX SMOPPE 5335 09/24/97 282.28 �� --�� ON- ��1J4|��__' ____�3�hG����"-=-���7_--_-�__ � �_ - ___'_____- --------'----------' - �� S��� g9��4��� �71 64 0{�1505 HENN CO SHERIFF , ^ . .00007 HENNEPIN CNTY SHERIFF 5338 09/24/97 005103. ]�DL]�[���-��I����-_---_ �---'---�- ---_-_ _-44�,�K}--_�- �------ ---�' / .00008 IALEFI 5�4O �9/24/97 80'00 ! 007102 JOHNSON/RICHARD 5341 09/24/97 72.42 ! �K�0� JUDY � -____-_'___��3.1J -__ ------- �34� Q��24�g� �S� 46 002040 LILLIE SUBURBAN -NEWSPAPE 5344 09/24/97. 38.29 (507321 LOWELL AUTOMOTIVE TIONS 5347 09/24/97 8.62 008197 MCI. TELECOMMUNICA Q���l� LEEF BR�� , , ' 00 ~ M CABLE --_-~--_--_-_'_-----_-_---_--_-__- ' - _ BRC FINANCIAL SYSTEM �__�__-______ � ANTHONY VILLAG /17/97 15:01 Check Register GL540R-VO4'40 PAGE _____CH-ECK# ___�M,OUN_T___ FIRS FIRSTAR ST' ANTHONY CHECKING 002240 METRO COUMCIL ENVIRONMEN 5349. 09/24/97 31 ,931 '00 ' 008245 METRO FIRE 5350 09/24/97 567.38 002280 MIDWESTA �Z� 5.'_ 00501.0 MINN CONWAY FIRE & 8AFET 5352 09/24/97 30'79 002380 MINNEGASCO INC 5353 09/24/97 1 ,980. 72 008196 MPLS HEALTH DEPARTMENT 5354 09 53.50 � .00010 NATL FIRE PROTECTION 5.3S5 09/24/97 68'50 002680 NORTHERN STATES POWER 5356 09/24/97 14,577'99 U p _-_-__- 5 _ _ 42 '--------------------------���� ���4/97 53�8 �9 297.47 QOOO45 OFFICE DEPOT . ' '00013 OTTO DAHL 5359 09/24/97 15.00 �_- 002900 PLANT ----- 5360' 09 —��7- — - 007303 RLUNNETT,S INC. 5361 O9�24 97 746'67 . 007057 * PRAXAIR 5362 09 11 .89 005293 ROAD RUNNER ' -' 15.95 -_ '-----. 00004 ---RO8ERT �DOOLAN 6364 09/24/97 15.50 003080 ROLLINS OIL CO 5365 09/24/97 8.73 .00011 ._S' L .�E,A, 5366 09/24/97 225.00 {)03315 8ERCO LABORATORIES 5367 09/24/97 653'00 {}08214 SNYDER DRUG 5368 09/.24/97 8'35 002420 STAR TRIBUNE � _ 5369 O9 __. 450.30 _ �~ 005191 STEWARTS BLDG MART 6370 09/24/97 13' 17 003490 STREICHER"S 5371 09/24/97 1 ,210'97 _ _#S S 09 1 QO�S56O TRAC Y PRIN T IN G S37� O9��4�g7 314'60 007196 TRANSPORTATION SUPPLIES 5374 09/24/9.7 22.47 ---_'_- 007384 _---U.S.' /977D 002700 US WEST COMMUNICATIONS 5378 09/24/97 1 ,657.24 003698 VIKING ELECTRIC SUPPLY 5377 09/24/97 186 '99 007342WACO SCAFFOLDING5378 26.63 �_ 008256 WILDLIFE MGMT. SERVICE 5379 09/24/97 487 .00 003820 ZAHL EQUIPMENT COMPANY 5380 09/24/97 85' 13 .00006ZIMMER & FRANCESCON INC 5381- _ 57.64_ - FIRSTAR ST ' ANTHONY CHECKING 70,760' 11 ** ` ' ^ _-_-----_--____-__- _-_--__-'---_----____--' --------_ ' FINANCIAL SYSTEM ST.- ANTHONY VILLAGE 0 2/97 10: 17 Check Register GL540R-VO4.40 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT --_.LLQR__LLQU.OR�_CH_EC_KING_ACCOUN-T-------.----.---------_---.-------.- --.----- ---------------- .00001 AA EQUIPMENT CO. 11776 09/11/97 5,377.95 ___-00_400-9__ AE_T_N.A_LI.FE._&-CASUA.LTY_ __1.17_7_7 09_/-1_l./.-9_7- 627_.._24-____-__.__ 004225 ALLIANT FOODSERVICE 11778 09/11/97 649.40 004015 AMERICAN LINEN SUPPLY CO 11779 09/11/97 572.88 004080 CHISAGO LAKES DIST. CO. , 11781 09/11/97 9,564.05 004095 . COCA COLA BOTTLING 11782 09/11/97 1 , 155. 19 - - 00411.1_-_DA.TA__&-I.E.L._-C-O.MMUN_LCA_LL.QN____.____._ 1.1.7_.8.3_0.9./._1.1/_9_7 004110 DICKSON ELECTRIC 11784 09/11/97 366.00 .00002 DORSEY & WHITNEY LLP 11785 09/11/97 408.01 - 00412.5 -EAST-_SID.E__B_EV.ERA.GE C0- _- 11.7-86 Q9/-1.1/_9.._7 __34,99_3_._8.0 _--_._._ 004135 ELECTRO WATCHMAN INC 11787 09/11/97 169. 34 004141 - FRITZ COMPANY, INC. 11788 09/11/97 . 1 ,961 . 10 .._.__..__00.4.1.5.7 G.ETT_MAN _.H.O.WI_E,_.INC_._ 11.7.89-0-9/_11/9.7 __ 48_._10 004199 HARKER'S DIST . , INC. 11790 09/11/97 156.23 004202 HENN CTY SUPPORT & COLL 11791 09/11/97 105. 78 004208 I C M A RETIREMENT TRUS 11793 09/11/97 25.00 04218 JOHNSON PAPER & SUPPLY. 0 11794 09/11/97 48. 6 - 000 J03.-_.__KKE___ARC.H.IT_EC_T-,___.I.NC_._____--.-.__ 1.1.7.95 -4 004233 LMCIT % BERKLEY RISK SE 11796 09/11/97 480.47 004265 MARK VII SALES INC 11797 09/11/97 11 ,800. 49 __-O-O_4.26.6- MARK.ET-.ME.CH.aNT.CAL__..__._--_-_ 11-798__09/_1.1/__97-___-_____.-14.1_.7.5__--.________--. 004272 METZ BAKING CO 11799 09/11/97. 48.42 .00004 MIDWEST TAPE & RIBBON 11800 09/11/97 500.00 INN E.GAS.CO_--_____.___ 004335 NORTHERN STATES POWER 11802 09/11/97 4,031 .28 004339 NTN COMMUNICATIONS 11803 09/11/97 601 .50 __004274____0_EEI_CE__DE-20T _ _ _-_] 180-4-0-9/-1-1/_ 7 __ _4._80- 004345 ', OLD DUTCH FOODS INC 11805 .09/11/97 153.36 004353 PAQUETTE MAINTENANCE, IN 11806 09/11/97 _ 1 ,210. 14 00_4-3.5.2 LARADIC.E--..-._-__ 004355 PEPSI COLA COMPANY 11808 09/11/97 409.02 004415 SAVOIE SUPPLY CO 11809 09/11/97 74 .29 0-000_5-- _S.P_R1.KGSZED _ 118] Q-09/11f�7 516--8-5 - .00006 ST . ANTHONY. H .R.A.. 11811 09/11/97 97;054. 12 - 004450 - STUART DISTRIBUTING CO 11812 -09/1.1/97 ' 59.75 00446.8 TO.TAL_RECI.ST-ER-S_Y_S_TEM-S_ 11813-09_/-._1.' 7 189_.1.1 004480 TWIN CITY FILTER SERVICE 11814 09/11/97 105.96 004491 UNITED WAY 11815 09/11/97 10.00 ___.__-_.0.0_4_4.9.4__-._.WASTE_MARPGEMEN_T__. - _BLA.I .004496 WENDELLS 11817 09/11/97 170:01 _LLQUOR_..CH.ECKIN.G -ACCOUNT-..----:_:-_ ----_-- ._178.,.379...56__-_ STAFF REPORT DATE: September 23, 1997 TO: Mayor and Councilmembers Michael J. Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Eagle Scout Project Presentation, Mickey Morris Mickey Morris, Boy Scout Troop 153, requested an opportunity to present a project that he is working on to earn his Eagle Scout designation. As part of the requirements for the. project, he is to present the project plan before the executive board, commission, etc., that is responsible or has authority over some aspect of the project. He is interested in coordinating a community safety day and would like to locate it at the City Hall/Community Center. • Ii -rvo mw ox' .��°i!�✓ -dsA/ )�hu��= � '- --- dad- -a,��� ` 41 t tYl weg- _ s�g1 ►�I' . r � _ STAFF REPORT DATE: September 16, 1997 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: 97 - 10 Bernard Preussner, 3209 Skycroft Drive Variance to the City's Ordinance re: Fence Size DESCRIPTION OF REQUEST: The property owner, Mr. Bernard Preussner, 3201 Skycroft Drive, is requesting a variance to the height limitations the City Ordinance places on residential fences. The City Ordinance restricts the height of a fence to six feet in height and no fence in a front yard shall be over four feet high, (Section 1320.03(3)). Mr. Preussner is proposing to construct a wooden fence that will be 18 feet high and 125 feet long, to act as a noise barrier between his property and the property directly to the north of his. As Mr. Preussner states in his request letter, noise from the neighbor's air conditioner apparently became disruptive to Mr. Preussner when the neighboring property owners removed a metal shed that existed between the properties. He apparently asked the neighbors to do something about the noise but no acceptable solution has been agreed upon between the neighboring property owners. In a subsequent meeting, Mr. Preussner informed me that his neighbor was going to install a new air conditioning unit. He insists on pursuing his variance request, despite being informed that he could continue his request until it can be determined whether or not replacing the air conditioner alleviates the noise. SUMMARY OF ISSUES: In order for a variance to be granted, the Planning Commission needs to consider evidence presented by the property owner to determine if the topographical layout of the property creates a hardship making it difficult to put the property to a reasonable use or that the City's ordinance creates a hardship that precludes reasonable use of the property. The question appears to be more of a dispute between neighbors than the inability to use property in a reasonable manner. Minnesota statute defines hardship as a situation whereby strict enforcement,of the City's zoning ordinance would not allow the property to be put to a reasonable use; that the circumstances creating the hardship are not to be caused by the owner; and the variance, if granted, will not alter the essential character of the area. MEMORANDUM • DATE: September 17, 1997 TO: Michael J. Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Summary of 9/16 Planning Commission Meeting. 1. Doug Bergstrom will be the Planning Commission representative to the Sept. 23rd City Council meeting. 2. Public Hearing — 97-10 Bernard Preussner, 3209 Skycroft Drive, Request for Variance' to Fence Size. Mr. Preussner appeared before the Planning Commission to request a 10-foot variance to the City Ordinance limiting a fence in an R-1 District to 8 feet. The Planning Commission voted to recommend denial of his request. No one in the audience spoke in favor or against Mr. Preussner's request. 3. Comprehensive Plan Update Process. I reported that the Comp. Plan was almost completed; that I was finishing the proposed Capital Improvement Program for Suzanne Rhees. Bergstrom asked that it be submitted to the Planning Commission for approval before it is sent out. I told him that I didn't think that the Planning Commission needed to act on it as it was only proposed and that it isn't required to have an approved CIP; he stated that the Minnesota Statutes gives the Planning Commission the authority to approve the CIP. 4. Proposed Amendment to the Zoning Ordinance Establishing Regulations for Churches, Temples and Synagogues. I presented a Staff Report regarding the proposed amendment that would establish regulations that would govern permitted and permitted conditional uses that are not residential. This issue came about because of the City Attorney's opinion that granting variances to the R-1 parking and lot coverage regulations would create a dangerous precedent and would not be defendable if challenged in court. So I contacted several cities and the League regarding ordinances they had on this issue and the,proposed amendment was the result. The Planning Commission suggested a few revisions and asked that it be put back on the agenda for October. They declined to.recommend it to the City Council at this time because Bergstrom had been on vacation and had not had an opportunity to review it fully and the others were not comfortable passing it along to the Council without reviewing the revised copy. Bill Soth was not available to comment on the proposed amendment until this morning. He indicated that it looked good to him and felt it covered all the issues • he had. 5. Chris Makowski agreed to be the Planning Commission representative to the Storm Water Advisory Task Force. 6. Split Liquor Information. Bergstrom requested what the process is to put this issue on the ballot; if the residents needed to vote on this. I indicated that it was too late to put this issue on this election's ballot, but was not able to determine what • the exact process is. Gondorchin stated that he felt it was too premature to be talking about putting this issue to the voters. He wanted to look into the possibility of hiring a consultant who could provide-information about the feasibility of having a restaurant that serves alcohol in St. Anthony. Bergstrom stated that he wants to keep this issue on the agenda,so it can be discussed again in October. 7. Comments. Bergstrom asked about the status of the.proposed joint meeting with the Planning Commission and the City Council. He would like to schedule it for the January or February Council worksession. 8. Adjourned at 8:37 P.M. • Fee: r (R-1............ 60.04 Other..........$1 ) CITY OF ST. ANTHONY Petition for Variance Applicant: �r Address:�� ✓ G ' Phone: Status of applicant (owner, buyer, renter, agent, etc.): Street address and/or legal description of property petitioned for variance: Zoning district in which property is located:/1 .S I ale il�i�C/ Request: �%���C�S 5 C/ Gf Ll�! z°CC% j' /C-1L q • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. Because of a particular physical surroundings, shape, or to on o e arcel of land involved, the proposed variance �b�uldrelieve an undue hardship as distinguished from a mere inconvenien , I be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a des' into otential of the parcel of land, but woul correct '-perease the extraordinary circumstances appl able to this property but'not applicab o ' i or zonin istrict. 3. L� The alleged difficulty or hardship is caused by City Ordinance and has not been © created by any persons presently having an interest in the parcel of land. /"ovv/ Signature of Applicant 08-2597AuD . .. ::; Al • `Y e9-ues t A ewecta /Vois e��c/r zi, <7 ��,e t e Z A llol�fr, 70t- • • 1,2 91" 7��9 4-/ �2) 14 p I PI 7 ,x,661 -�' 7�� LG1C2 tI �7 791-1 P 7 7 V P11,11 . 9/4 62W ,(-zrw7c�o.,.� �rj�j -�10aP1S71'�� �i -182 ���/Jack (/�Piv If (2 !;-4 (2 7 7.7..E 1 �,,���ayj •�> o��������.��� �y �,�i?��/ 1,�2 tt�,Lq q 471;, 2),y 5-v, o ZeE- -d.5-/7 0/-/ -R-v 4 /J6? il / t 71,711 p�PAO �y q7 A1-11,;7 /,'/,-7 1-1�2 c>>1,17 2aaM ECAAN' , FIELD & NOWAK t SURVEYORS 129 WEST LAKE STREET � � rI F� MINNEAPOLIS d, MILAN. I' rlTt•� +�► CERTIFICATE OF SURVEY For Robert Weber Construction Co_ qe 26133 Ise I V4 l } 3 V Scale : l"=20' OF SRI PTION : Lot 51 Block 1, "ALLACE 'S CRESTVIEW TE'c !! ACE `'ECOND ADDITION . We reby certify that this is a true and correct representation of a survey of thMMoundaries of the land above described and of the location of all building4 if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 13th day of M1ay 01960 EGAN, FIELD b NOWAK 4fe urveyors,/:, File No 55i 7: . 1517-21 by STAFF REPORT DATE: September 16, 1997 TO: Michael J. Mornson, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Amendment to the Zoning Ordinance RE: Schools, Churches, Temples and Synagogues. 1,197- oa$ Attached is a copy of the proposed amendment to Chapter 16, Zoning and Land Use, Section 1615 - R-1, Single Family District, regarding schools, churches, temples and synagogues. The issue that has caused this proposed amendment is that churches, temples and synagogues has come about because of a request by a local church to be allowed to proceed with a construction project. Churches, temples and synagogues are permitted conditional uses for the R-1 District, but cannot possibly adhere to the lot coverage and parking restrictions of this zoning district. • In fact, of the three other churches that I spoke with, all exceed the 35% lot coverage currently and two of the four churches have to park on the adjacent residential streets. The other two churches, one states they have enough parking and the other uses the City Hall parking lot for overflow parking. When I asked the City Attorney about trying to accommodate the variance request, he stated that it is really not practical to try to fit this use into a strict,adherence to the R-1 zoning and it could be challenged legally. If the City succeeded in granting these variances, it would set a precedent that would make the restrictions of this zoning district difficult to control. His advice was to amend the zoning ordinance to address only churches, temples and synagogues. I called Arden Hills, Columbia Heights, Coon Rapids and New Brighton because I knew that they had dealt with a similar situation. I also called the League of Minnesota Cities. The proposed amendment submitted for your review and consideration is a compilation of . ways cities deal with lot coverage and parking for schools, churches, temples and synagogues. Coon Rapids states that schools, churches, temples and synagogues can have a building to land ratio of up to 40% but they have to adhere to R-1 setbacks. I would propose that St. Anthony consider a similar building to land ratio between 35% and 40% and also adhering to R-1 setbacks so that the whole lot is not paved. In this way, schools, churches, temples • or synagogues would be able to install sufficient parking areas that would keep parking on- site and off residential streets, yet paving would be controlled. Proposed Amendment to Chapter 16, Zoning and Land Use Section 1615 - R-1, Single Family District 1615.05 Dimensional Regulations. Section 8. Lot Coverage.. The lot coverage for residential structures, including sidewalks, driveways, and other impervious surfaces may not exceed 35%. Buildin to land lot coverage for the following permitted and permitted conditional uses may not exceed 40%: Qa Public Schools or parochial schools which have a curriculum equivalent to a public school. b Publically owned recreational facilities including parks, play grounds, swimming pools and athletic fields. Qc Churches, temples or synagogues and their supporting homes convents or rectories. d Essential service structures including but not limited to buildings such as telephone exchange substations,_booster or pressure regular stations, wells and pumping stations, elevated tanks and electrical power substations. Le City buildings including fire and police stations and other municipal service buildings not considered industrial. Section 1650 - General Regulations 1650.05 Parking. Subd. 1. On-Site Parking. (3) Clubs and restaurants must have a number a parking spaces which is no less than the total designated seating capacity of the structure divided by 2.5, plus one parking space for each employee on the largest shift. (11) The parking requirements in the R/O District and R-1 Permitted Conditional Uses will be set by the Council according to the expected demand for the particular facility. Proposed changes to the City Ordinance are double underlined. • STAFF REPORT DATE: September 23, 1997 TO: Michael J. Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Amendment- to the Zoning Ordinance RE: Schools, Churches, Temples and Synagogues. 1`i4 7— ao'g Attached is a copy of the revised proposed amendment to the City Ordinance regarding lot coverage and parking for schools, churches, temples and synagogues based on suggested revisions from the Planning Commissioners. They were not comfortable recommending the proposed amendments to the City Council for a first reading at this time and requested an opportunity to continue their review until the October Planning Commission meeting. The Planning Commission would like to keep the parking requirement unchanged, but added that if the applicant can show clear justification why the use would not need the • required number of parking spaces, a plan showing less parking spaces may be approved by the City Council. In this way, the City could insure that adequate parking is provided on site. Unfortunately, the City Attorney was not able to provide comments on the proposed amendment until after the September Planning Commission meeting; he was on vacation. Mr. Soth did call me on Wednesday afternoon and stated that the proposed amendment looked good. He felt it covered all the issues he was concerned about with regard to the City granting variances to and expanding a conditional use for a non-conforming use. Recent events have made the City more sensitive to drainage issues due to increased impervious surfaces and the possibility that the proposed amendment will increase impervious surfaces has prompted the need to consider further amendments to the Zoning Ordinance that will stipulate further landscaping and drainage considerations for all zoning districts. I would recommend that the Staff work with WSB, Rice Creek Watershed District and the City Attorney to develop an ordinance that would tighten the City's existing landscaping and drainage requirements. • • Proposed Amendment to Chapter 16, Zoning and Land Use Section 1615 - R-1, Single Family District 1615.05 Dimensional Regulations. Section 8. Lot Coverage. The lot coverage for residential structures, including sidewalks, driveways, and other impervious surfaces may not exceed 35%. Building to land ratio for the following permitted and perm_itted conditional uses may not exceed 40%: La Public schools or parochial schools which have a curriculum equivalent to a public school. Lb Publically owned recreational facilities, including parks, play grounds, swimming pools and athletic fields. Oc Churches, temples or synago6es and their supporting homes, convents or rectories. d Essential service structures including but not limited to buildings such as telephone exchange substations, booster or pressure regular stations, wells and pumping stations, elevated tanks and electrical power substations. Ue City buildings including fire and police stations and other municipal service buildings not considered industrial. Section 1650 - General Regulations 1650.05 Parking. Subd. 1. On-Site Parking. (11) The parking requirements in the R/O District and for R-1 Permitted Conditional Uses may be set by the Council according to the expected demand for the particular facility. Proposed changes to the City Ordinance are double underlined. • DATE: September 12 , 1997 TO: Task Force Members and City Staff HENNEPIN FROM: John Kuhars SUBJECT: Sub-committee ' s Attached Report Attached is my version of how the sub-committee ' s report was amended at the September 10th meeting . Please read the revision and call me with and changes or suggestions you may have . I can be reached at work at 348-3095 which has voice mail and my work fax number is 348-9991 , at home at 781-2093 which also has voice mail , or at home at 789-6460 which is connected to a fax machine so if I 'm not there a fax could be left. I will accept changes and suggestions thru Monday , September 15th . I would also highly encourage all task force members t�: a*d the September 23rd council meeting and help me present our report to the council and answer their questions . Thanks . September 10 , 1997 St. Anthony Stormwater Management Task.:-Force Sub-committee Report Mission Statement : The sub-committee , as appointed by the task force , is responsible for recommending to the full task force the best workable options available to arrive at a short term solution to the July 1 flood . The sub-committee' s duties are to determine the best methods to provide one time emergency relief and assistance to those citizens affected by the 'f1ood both financially and thru abatement , to determine possible short-term water corol solutions , and to determine appropriate financing for these methods and controls. 1 . Residents eligible to receive funding . Emergency relief and assistance will be provided to those residents , both citizens and commercial property owners, affected by the July 1 , 1997 flood . This funding will be a one time event that will apply only to those requesting it in writing by 4: 30 P.M . - on Friday, October 31 , 1997 . The city staff will post notices at city hall , in the St . Anthony Bulletin , and by mail to those residents that have currently been identified as suffering damage from the July 1 flood . Water damage caused by storm water , sewer backup , and rainwater will be treated equally for this one time only funding . Those residents accepting funding will waive their right to sue the city for any damages deed by the July 1 flood . 2 . Eligible expenses . Eligible expenses will include both those expenses paid out of pocket with receipt by those affected by the floods to replace or repair damaged structure +" ,interior and external ) , equipment , furnishings & fixtures , and personal property and additional expenses incurred that are directly related to the flood , such as --interest expense on loans , increased electrical bills because of continuous operation of dehumidifiers and fans , and coin operated laundry charges for residents that lost certain appliances . Damages caused by the flood to structure ( interior and external ) , equipment, furnishings & fixtures , and personal property not replaced or repaired will be included as an eligible expense only as to its marketable value as of July 1 , 1997 . Funding received from sources , such as rEMA grants and insurance settlements , would be deducted from the eligible e_*ses . 3 . Home buyouts. The city will purchase five homes. These home owners would be contacted by the city officials with an offer to purchase their property at the taxable market value at July 1 , 1997 . If a property owner refuses they would be required to sign a statement noting their intention and waiving any future liability of the city . The five homes will be prioritized as to the amount of damage caused by flood water only , the number of instances these homes have been flooded , and their location in which they could provide water control solutions for other homes . In prioritized order these homes are : a. 2716 St . Anthony Blvd . $ 120 , 000 ( Damage reported $200 , 000 and flood damage three times ) . • 2713 St . Anthony Blvd . $ 135 , 000 ( Da.iage reported $69,, 000 and flood damage one time in last 4 years and rumerous times prior ) . c . 2914 29th Avenue $ 95 , 000 (Damage reported $20 , 000 and flood damage numerous times according to owner) . ri Anla Chnmrnr•I, Ilrivc G 1 'J flnn nnn --A T"iood damage ore time ) . e . 2800 St . Anthony Blvd . $ 122 , 000 (No flood damage reported , but property did have water in basement. Property is next to 2716 St. Anthony Blvd and would create a large water overflow basin . Also owner is in a nursing home and the home is soon to go on the market) . Water overflow basins would be built in the locations where homes are purchased by the city . We have estimated the cost of removing the homes and construction of the water overflow basin and landscaping at $40 ,000 each , but we believe an engineer should be consulted to receive a better e*ate of these costs . 4 . Technical assistance for flood proofing homes . The city would contract with an outside engineering firm to visit each property owner who was affected by the July 1 flood and reported their damage to the city . The outside engineer would work with city staff and the city ' s street maintenance engineer to document the engineering firm' s recommendations and follow-up to determine. if the property owner made the recommended improvements to help prevent future water problems . The engineering firm would also recommend possible minor improvements the city would be responsible for in various areas . 5 .Moratorium on building until snort term solutions are carried out and/or enforced . The city would not permit any property grading or construction wh world increase any possible risk of flood damage or increase the Public cost of alleviating flooding . Redevelopment of the city ' s parks will not begin until it is determined if the parks are involved in the short term water control solutions to prevent future flooding within the city . 6 . Sanitary sewer . The current ordinance regarding use of sanitary sewers for release of water from sump pumps would be changed to prevent this type of use and establish appropriate fines for failure to comply . It would allow the city to inspect all city residential and commercial buildings for compliance at any time not just when the property is sold . Sanitary sewer check valves would, be installed at city expense in all homes that reported damage from the July 1 floods and do not currently have check valves . If the resident refuses to have one installed they would sign a release form releasing the city from any liability for that property . Future owners Ad be required to install a check valve at their expense or sign a release form. The above change to the current ordinance mentioned above and the installation of check valves would be accomplished by May 1 , 1998 . 7 . Priority over park funding . No city funding would be used to improve the city' s parks until the short term needs of its citizens damaged, by the July 1 flooding are met. Recommend that a portion of Apache Plaza land be used for additional park space . 8. Use of current city resources . The city ' s maintenance department and fire departments would be put on alert that when heavy rains are predicted by the weather bureau or they are in the process of happening they clean the sewer drains of refuse. The fire and police departments would also be 0 alert to patrol the flooded streets for the safety of residents from ve'F icles driving on lawns to avoid 'the flooded stre ets or drivin,g through flooded streets , people playing in the flooded streets to protect from drowning , and those who may try to loot homes where residents are not at home . The city will nurchase six additinnal aenernt.nrc, AnH tnncthcr with generators the city currently owns would provide backup for resident ' s sump pumps when electrical, power is lost. These generators would be available from the city ' s fire department during heavy rains. The fire department would establish thru its Civil Defense unit a hot line telephone number for senior citizens and the physically challenged to call , if they need help either during a future flood or after the flood to clean up their property . 9 . Source of. funding . Funding would come from the following sources: a. City of St. Anthony 9( 1 ) . Amount in current sewer fund would be used. $249 , 745 at December 31 , 1996 . Revenue and interest will be approximately $55 , 000 in 1997 -and expenditures approximately $40 , 000 creating a balance at December 31 , 1997 of $265 , 000 . ( 2 ) . An interfund payable would be made transferring uncommitted funds from the General Fund for $50 ,.000 and from the Revolving Improvement Fund for $255 , 000 . Reimbursements to these funds would come each year from the yearly amount received from increasing the quarterly sewer fund charge . This would take two years to repay the interfund payable . ( 3 ) . Portion of current undesignated fund balances from other city funds would be transferred to the sewer fund . $25 , 500 would be transferred . from the General -Fund and $47 , 500 from the General Reserve Fund . (4) . An additional tax levy for the sewer fund would be included in the 10 budget and ,in future year ' s budgets . ( 5 ) . Increase to all residents and commercial property owners of the quarterly sewer fund charge effective January 1 , 1998. Yearly revenue from residents would increase by $39 , 000 and from commercial by $63 ,000 . This • would increase yearly revenue. from $48 , 000 each year to $150 , 000 . b . Federal and State . All possible funds in the form of grants to residents or loans to the city be explored and researched . c . Residents. Residents would be asked to perform as much of the work as possible to repair , replace , and protect their homes from floods . d . Donations. An appeal would be made to both city residents and non-city residents, thru the use of the quarterly St. Anthony newsletter and the media (St Anthony Bulletin and others) , for both tax deductible cash . donations or - in-kind service and equipment donations. 10 . Method to determine emergency financial relief to residents . Those Adents requesting funding by October 31 , 1997 would include in. writing a complete listing- of the damages they suffered in the July 1 flood . the listing would include: a. Item damaged including detailed description . b. Brand name and model number if available . c . Year purchased . d. Amount paid for when purchased . e . For items that have been repaired or replaced , a copy of the receipt dated between July 1 , 1997 and October 31 , 1997 . f . Additional expenses incurred because of the July 1 -flood would have to be listed in detail and , where possible, supported by receipts . Reimbursement to residents will be made on a current market value basis , deeciation of items will be taken into effect as well as a salvage value or market value at the end of its depreciable life . The city will contract with an independent insurance adjuster who will review the lists submitted by residents and visit each resident' s property to determine the current • market value of all items listed. Residents will be required to sign an affidavit ( Exhibit A) testifying that their list of damages is to the best of their knowledge true . Also residents will be required to give a full description as to how their property was damaged by the July 1 flood . The insurance adjuster would work together with the engineering firm ( number 4 above) and city staff to visit each resident' s property who submits a damage claim. 11 . Funding needed for the above short term solutions and who will provide it. Funding needed : a. Home buyouts $ 598 , 000 Technical assistance . Contract with engineering firm 40 , 000 ( estimate) . c . Water overflow- basins . Removal of home , construction , and 200, 000 landscaping at five locations (estimated at $40 , 000 each ) . d . Sanitary sewer. Estimate the installation of check, valves 18 , 000 in ten homes at $1 , 800 each . e. Use of current city resources . ( 1 ) Overtime of city staff (estimate) . . 3 , 000 ( 2 ) Six generators at $1 , 200 each . 7 , 200 f. Emergency financial relief for damages caused by flood 251 , 800 Total , reported estimates of damages as of August 14. $633 , 720 Less amounts from reported homes buyouts. 275 , 000 Less estimated depreciation of 30% damaged items. 107 , 616_ OAmount needed to pay for damages . 251 , 104 g . Contract with independent insurance adjuster (estimate) . 2.0 , 000 Total $1 , 138, 000 Gi nrl i rn c���rr^cc • a. Sewer fund balance at December 31 ; 1997 . $ 265 , 000 b. Transfers from other funds . 73 , 000 c . Interfund payable from other funds . 305 , 000 d . Tax levy for the sewer fund . e. Short term borrowing . f . Funds from other reserves upon recommendation of finance director. AFFIDAVIT REGARDING FLOOD DAMAGE • STATE OF MINNESOTA ) ) ss . COUNTY OF ) being first duly sworn upon (Fill in your name here] oath, states and alleges as follows : 1 . On July 1, 1997, I real (here fill in "owned" or "leased" whichever is true] estate in St . Anthony Village, Minnesota (the "City") at the following address : 2 . As a result of the severe rainstorm that occurred in the City on July 1, 1997, water flooded the real estate that I owned or leased described above, as follows (here state in detail how the flooding occurred, including how the water entered the property (e.g. , street or alley flooding, sanitary sewer back-up, seepage through basement walls, etc. ) , what part of the property was flooded (e.g. , yard, garage, basement of home, first level of home, etc . ) ; and ap- proximate depth of water that accumulated on each part of the prop- erty] : 3 . The flooding described in Paragraph 2 above directly caused damaged to the real estate and/or personal property that I owned on July 1, 1997, as listed upon Attachments "A" and "B" attached to this Affidavit. 4 . The values of the real and personal property listed upon At- tachments. "A" and "B", together with the other information set forth on such Attachments, are true and correct to the best of my knowledge and belief. 5 . As a direct result of the damage to my property described in Paragraph 3 above, I also paid the additional expenses and costs listed upon Attachment . "C" that I would not have paid if the property damage had not occurred. The monetary amounts and other information shown on Attachment "C" are true and correct to the best of my knowl- edge and belief. 6. The damages and expenses described in Paragraphs 3 and 5 • above are not covered by insurance except as follows : 7 . I have not received, and I am not entitled to receive, any insurance proceeds, or other payment or reimbursement, for any of the damages. and expenses described in Paragraphs 3 and 5 above except as follows : 8 . If, after the date of this Affidavit, I receive any compen- sation from insurance proceeds' or any other source (other than the City) for any of the damages and/or expenses described in Paragraphs 3 and 5 above ( "Other Compensation") , I agree to promptly notify the City in writing of such Other Compensation. If the amount of the Other Compensation plus any payments actually received by me from the City together exceed the total dollar amount of such damages and ex- penses, then I agree to promptly reimburse the City such excess amount up to the amount of the City' s payment to me. 9. The statements made by me in this Affidavit are true and correct to the best of my knowledge and belief. I am giving this Af- fidavit for purposes of seeking financial assistance from the City for the property damage and expenses described in this Affidavit, and the City shall be entitled to rely on the information contained in this Affidavit . FURTHER, YOUR AFFIANT SAYETH NOT. Dated: 1997 : Subscribed and sworn-- to before me this day of 1997 . Notary Public K-TON\FLOOD-AFF(090997) -2- ATTACHMENT "A" List of Damaged Real Estate Initial Cost to Items) Damaged Purchase Price Repair or [Specify type (e.g. , carpeting, Date (if known, and at- Replace sheetrock, structural walls_, etc. ) Installed tach receipt if (Estimate or and quantity] available) attach receipts) (if known) P ) 1 . 2 . 3 . 4 . 5. 6. 7 . • Attach Additional Sheets if Necessary ATTACHMENT "B" List of Damaged Personal Property Cost of Repair or Replacement (State whether repaired or re- Brand and Initial placed, and cost of re- pair or replacement. Model No. Year Purchase Also attach receipt if Item(s) Damaged (if avail- Purchased Price available, dated between able) 7-01-97 and 10-31-97) . 1 . 2 . 3 . 4 . 5. 6. (Attachment "B" Continued) Cost of Repair or Replacement (state whether repaired or re- Brand and Initial Placed, and cost of re- pair or replacement. Model No. Year Purchase Also attach receipt if Item(s) Damaged (if avail- Purchased Price available, dated between able) 7-01-97 and 10-31-97) . 7 . 8 . 9. 0. 11 . 12 . 13 . • Attach Additional Sheets if Necessary 09/17/97 WED 14:50 FAX 612 340 7800 DORSEY & WHITNEY 2002 DORSEY & WHITNEY LLP MINNI:APOI,IS PILLSBURY CENTER SOUTH NEW YO0.X WASHINGTON.Mr.- 220 SOUTH SIXTH STILHET DANVEA LONOON MINNEAPOLIS,MINNESOTA 55402-1498 AEATTLE DRUSSr.A TBI.EPHONri: (612) 340-2600 fn0.00 HONG KONG FAX: (612) 340-2868 BILLINGS DES MOINES MR=X Soth ROCHESTER (612).940.2969 MISSOULA Fax(612)940-7800 COSTA MESA soth.willlam0dorseylaw.com C:KWr VAUA September 17, 1997 Michael J. Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Flood Task Force • Dear Mike: You have posed the following question, which was submitted to you by the Flood Task Force: "How can the City reimburse residents for damage to their property caused by public water being stored on the citizen's property?" As indicated in the previous letters from me, the Attorney for the League of Minnesota Cities and Jerry Gilligan, the City does not have the discretion to reimburse residents for damage to their property. Although the Mayor and City Council probably would like very much to be of assistance to the residents who suffered the water damage, the City is not authorized by laver to make discretionary grants of assistance or other payments of assistance to individual residents. Some people may be of the opinion that a City can operate in the nature of a charitable organization and assist its residents. This simply is not the law. The one thing the City could do is acquire properties either by purchase or condemnation, but it could do so only if it is determined that it was in the public Interest of the City to do so. This determination could be made only if it could, be established that the property could be used for drainage and ponding which would • help alleviate the City's water problems. Such a conclusion would have to be based upon findings established by engineers and could not be based solely upon the desire to be of assistance to the owners. 09/17/97 WED 14:51 FAX 812 340 7800 DORSEY & WHITNEY 0.003 DORSEY & WHITNEY LLP • Michael J. Mornson September 17, 1997 Page 2 - If engineering consultants could establish that it would be in the City's best interest to acquire property for drainage and ponding purposes, and if the City had the funds necessary to make those acquisitions, then the City could negotiate with the owners to purchase the property. If owners were unwilling to sell, the City could acquire the property by use of its power of eminent domain. If such properties were acquired by condernnation,-the property owners would receive an award equal to the fair market value of the property. This would be based upon what the properties would sell for, and it would have nothing to do with how much money the owner had in the property. I think everyone appreciates the fact that residents have suffered greatly from the heavy rainfalls throughout this year, both in St. Anthony and in other parts of the metropolitan area. In spite of everyone's sympathy for these owners, the City cannot be making payments of assistance to the owners contrary to its authority as a • statutory city. Very ly yours, o William R. Soth WRS/ms cc Kim Moore-Sykes ain thou illa e Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 . . (612) 789-8881 FAX (6.12) 781-9323 September 11, 1997 Jerome Gilligan Dorsey & Whitney Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-1498 Dear Jerry: • The Flood Task Force met last night (September 10) and reviewed the legal opinions on using public money for reimbursement for flood damage. The Task Force asked that the question be restated to the following: "How can the City reimburse residents for damage to their property caused by public water being stored on the citizen's property?" Please provide me with a written response. Sincerely, Mic ael J. Moon City Manager cc: St. Anthony Mayor and Councilmembers • DORS EY & WHITNEY L L P MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON.D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE ' BRUSSELS TELEPHONE: (612) 340-2600 FARGO HONG KONG FAX: (612) 340-2868 DES MOINES BILLINGS JEROME P.GILUGAN ROCHESTER (612)34429M MISSOULA COSTA MESA \ /' GREAT FALLS September 8, 1997 Mr. Michael J. Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Flooding Issues • Dear Mike: You asked us to summarize our opinion with respect to the possibility of voluntarily donating City funds to individuals for flood relief or using City funds to purchase property damaged by the flooding. To be a legal city'expenditure, an expenditure of City funds must be (i) for a public purpose and (ii) within the city's statutory.authority. While it may be desirable or commendable for the City to reimburse homeowners for flood damage and could be argued that such an expenditure serves a public purpose, the City still must have statutory authority to make such an expenditure from public funds. There is no particular Minnesota statute which authorizes a statutory city such as St. Anthony to make a payment to homeowners to reimburse them for flood damage. Consequently, the City may not voluntarily expend public funds to reimburse homeowners for flood damage. The City does have the authority to purchase property for use for drainage or ponding purposes. If the City Council were to determine that property damaged by the flood could be converted to such use, the City could expend public funds to purchase the property for use as part of the City's storm water system. • Yours truly, ero a P. Gilli JPG:cmn SEP-04-1997 13:55 LEAGUE OF MN CITIES P.01i02 LMC145 University Avenue West, St. Paul, i DT 55103-2044 Icagua of Minnesota Cities Phone: (612) 281.1200 • (800) 925.1122 Cities promoting esceneace Fax: (612) 281-1299 • TDD (612) 281.1290 prius •a�? 1 \ Post-it'Fax Note 7671 Gaye pages► Z September 4, 1997 70 Vk� cojoept Co. — Mike Morrison phone# Phone# City Manager F # Fax a t ZZ- City of St. Anthony 1 g�Z3 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Mornson: I am writing to follow-up on our phone conversation yesterday. You stated that a group of residents has approached the-city seeking reimbursement for damage to their real and personal property that occurred during a recent storm. You asked whether the city could legally make such expenditures. • It is my opinion that the city could not legally make such expenditures. I agree with the conclusion of your city attorney William R. Soth that there is no public purpose. Under the Minnesota Constitution', a valid municipal expenditure must be for a public purpose. While "public purpose" is not capable of precise definition, courts generally construe it to mean such an activity that will serve as a "benefit to the community as a body and which, at the same time, is directly related to the functions of government."2 Whether a particular expenditure serves a public purpose must be determined on a case-by case basis. Generally, however, a public purpose is served if the expenditure: ► Benefits the community as a whole; ► Is directly related to the functions of government; and ► Does not primarily benefit a private interest.' ' See Minn. Const. art. X, § 1, art. XI, § 2, art. XII, § 1. z Visina v. Freeman, 252 Minn. 177, 184, 89 N.W.2d 635, 643 (1958). • 3 See A.G. Op. 1001-K (Dec. 31, 1970). AN EQUAL oppoRTmTY/AFFIRMATrVE ACTION EMPLOYER SEP-04-1997 13:55 LEAGUE OF MN CITIES P.02i02 • Applying the above factors, I do not believe a public purpose exists for aiding city residents who have suffered property damage resulting from a storm. Such an expenditure would not benefit the community as a whole; it is not directly related to the functions of government; and it would primarily benefit a private interest. Moreover, a statutory city has only those powers that are clearly granted to it by the legislature. Therefore, a city may exercise only those powers expressly granted to it except those powers which are necessarily implied or incident to the powers expressly granted and those powers which are indispensable to the declared objectives and purposes of the city.' In the present case, there does not appear to be any statute that specifically authorizes a city to give money to citizens who have suffered property damage resulting from a storm. Nor can such a purpose be implied from other city powers. During the past legislative session, there was special legislation passed authorizing cities to provide assistance to other cities in a disaster area due to the 1997 spring floods.' This law, however, is applicable to the present case. The law does not provide for direct assistance to individuals, and from my understanding of the facts, the damage did not occur as a result of the spring floods. • In conclusion, there is no specific statutory authority for making the requested expenditure and there does not appear to be any public purpose justify the expenditure. I hope that you find the above information useful. Since this matter involves a legal conclusion, I am forwarding a copy of this letter to your city attorney pursuant to League policy. If can provide you with any further assistance, please do not hesitate to contact me. Very truly yours, D. Christopher Smith Staff Attorney c: William R. Soth (via fax) ' See, e.g., Minnetonka Elec. Co. v. Village of Golden Valley, 273 Minn. 301, 304, 141 N.W.2d 138, 140 (1966). • s 1997 Minn. Laws. ch. 75. -2- TOTAL P.02 MEMORANDUM • DATE: September 23, 1997 TO: Michael J. Mornson, ,City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Application for Federal Disaster Assistance under the Infrastructure Program. Fire Chief Dick Johnson, acting in his capacity as the City's Emergency Services Manager, recently attended a_meeting with.FEMA and.other representatives-from affected cities and counties designated by the President as Disaster areas. At this meeting, FEMA representatives presented a grantor program whereby federal funds are being made available to assist communities in repairing damage to infrastructure that was sustained as the result of the July storms. These funds will cover all equipment, rented and/or owned; repairs; and labor, mostly overtime but some regular time. As part of the application process, they are requiring that local units of government execute a resolution agreeing to participate in the federal Infrastructure Program and naming an authorized official to execute and sign any agreements and amendments as • necessary for this project. CITY OF ST. ANTHONY RESOLUTION 97-042 A RESOLUTION AUTHORIZING THE EXECUTION OF A SUB-GRANT AGREEMENT FOR FEDERAL ASSISTANCE FOR THE INFRASTRUCTURE PROGRAM WHEREAS, the City of St. Anthony sustained damage to infrastructure as the result of the July 1 and July 2, 1997 storms. WHEREAS, the Emergency Manager for the City of St. Anthony made application for Federal Assistance to the Infrastructure Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony that: 1) The City will enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187-DR-MINNESOTA. • 2) Michael J. Mornson, City Manager, is hereby authorized to execute and sign such Sub-Grant Agreements and amendments as are necessary in implement the project on behalf of the City of St. Anthony. Adopted this day of 1997. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager • • STAFF REPORT DATE: September 10, 1997 TO: Mayor and Councilmembers FROM: Connie Kroeplin, City Clerk ITEM: PROPOSED ELECTION-JUDGES FOR NOVEMBER 4 ELECTION The following persons have submitted their applications to be election judges for the November 4 local election. Precinct 1, Hennepin • Pat Bridgeman, Chair 2900 West Armour Terrace Mary Schwaab 2913 Stinson Boulevard Ethel Plasek 3112 Armour Terrace Ann Mahowald 2560 Kenzie Terrace, #221C Precinct 2, Hennepin Louise Inhofer, Chair 2501 Lowry Avenue NE Charlene Peterson 3112-36th Avenue NE Virginia Buchen 2601 Kenzie Terrace, #111 Helen Crowe 2813 West Armour Terrace Nancy Klucas 3529 Roosevelt Street Nancy Morin 3331 Belden Drive Precinct 1, Ramsey Marjorie Madden 3701 Foss Road Caroline Zappa 2560.Kenzie Terrace, #122C Clare Mancino 3609 - 37th Avenue NE Marjorie Dow 4081 Foss Road Betty Carlson 3216 Diamond 8 Terrace, # 103 • STAFF REPORT DATE: August 19, 1997 TO: Planning Commission FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Revision of the Sign Ordinance for Professional Buildings. The attached proposed amendment to Chapter 14, Signs, adds a definition of a Professional Building to the City's Ordinance and includes Professional Buildings in the requirements for a Comprehensive Sing Plan. Staff has submitted the proposed revision to the City Attorney for his comments. He indicated that the changes are acceptable and appropriate. Once the Planning Commission has reviewed this revision, the City Council will hold • three public readings, commencing with the August 26, 1997 City Council meeting. CITY OF ST. ANTHONY ORDINANCE 1997-006 AN ORDINANCE RELATING TO SIGNS; AMENDING CHAPTER 14 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES, BY ADDING SUBD.,36 TO SECTION 1400.04; AND, BY AMENDING SECTION 1400.09, SUBD. 5 The City Council of the City of St. Anthony hereby ordains: Section 1. Chapter 14, Section 1400.04 of the City Code is amended to add the following: 1400.04 Definitions. For the purposes of this Chapter, the following terms have the meanings given them in this Section: Subd. 36 Professional Building. Any multi-story building of 50,000 square feet or more occupied by professional service oriented businesses, such as legal, clinical or health care related retail or service establishments with parking provided on the tract • of land for use in common by patrons and occupants. Section 2. Chapter 14, Section 1400.09, Subd. 5 of the City Code is amended as follows: 1400.09 Signs Requiring Permits. Subd. 5. Shopping Centers/Strip Mall/Professional Building Comprehensive Sign Plan. A comprehensive plan must be provided for the whole of a shopping center..., strip mall, or professional building development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive plan is presented, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission which will forward a recommendation to the Council on the appropriateness of the proposed plan. Section 3. This ordinance will be in effect as of the date of.its publication. Ordinance 1997-006 Page 2 First Reading: August 26, 1997 Second Reading: September 9, 1997 Adopted: September 23, 1997 Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin • •