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HomeMy WebLinkAboutPL PACKET 01201987 Meeting Sheet 100406 Box: 15 Folder: PL PACKETS 1987 Document: PL PACKET 01201987 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA JANUARY 20 , 1987 7: 30 P.M. 1 . Call to Order. 2. Roll Call. 3 . Minutes. a. Planning Commission November 18, 1987 . 4. Designate Commission Representative to the Council Meeting on January 27, 1987 . 5. Public Hearings. a. 7:35 P.M. - Get It For Less, Apache Plaza Shopping Center, sign variance. b. 7: 50 P.M. - Leslie Paper, 2850 Anthony Lane South, sign variance. c. 8:00 P.M. Zoning ordinance Amendments. 6 . New Business. a. Election of Officers for 1987 . 7 . Adjournment. CITY OF ST - , ANTFIONY PLANNING COMMISSION' MINUTES NOVEMBER. 18 ,- 3- 986 1 Meeting called at 7:32 P.M. by .Acting Chair Hansen. 2' 3 Present for roll, call : Hansen, Bowerman, Werenicz, Madden. 4 5 Absent: Franzese, Wagner, Jones. 6- 7 Also present: City Manager David Childs. 8 9 MINUTES APPROVAL 10 11 OCTOBER 21ST 12 .13 Motion by Madden, seconded by Werenicz to approve with the following change: 14 15. Page 5, line 24: Eliminate "t" on "plant". 16 17 -Motion carried unanimously. 18 ig NOVEMBER 3RD SPECIAL HEARING ON ARKELL PROPOSAL 20 21 In reference to the above, Commissioner Madden said- he was concerned that some 22 of the people, present for the hearing had not understood the Commission intended 23 to take action on the proposal after the recess. - Commissioner Hansen said 24 his own impression was that everyone percei-ved the project- had been returned 25 to sentori rental- and their goal had been achieved. He also re-called the - 26 Chair trying to tell the crowd as they were leaving that- the Commission 27 still had a decision to make that evening. 28 29 Mr. Childs concurred, ,adding that those he had talked to after the hearing 30 seemed to have no misconceptions about that point. That impression had 31 been supported, he, .said-i by the fact that none of those-persons who were 32 present for the hearing returned for the -Council consideration, November 10th. 33 34 Motion by Werenicz, seconded by Madden- to- approve with the following changes: 35 36 Page 2, line 32: Insert-`a` between "represented" and "5%"� ,37 Page 9, line 2: Substitute "request"' for.-"report"'. 38 39 Motion carried unanimously, 40 41 COUNCIL MEETING REPRESE'N-rAT'IV.E..,,,D.E-,SI-GN.A.--TED 42 43 Commissioner Madden will represent the Planning Commission at the November -25th 44 Council meeting. 45 46 PUBLIC HEARING 47 48 JOHN HERTOG SUBDIVISION WITHOUT PLATTING REQUEST FOR 2521 ST. ANTHONY ROAD AND 49 3246 EDWARD STREET 50 -2- Jhe hear.ing opened at 7:36 P.M. by Acting Chair Hansen.... 2 3 Notice of the heari-ng had been published in the November 4th Bulletin and mailed 4 to all property owners of record within 350 feet of. the subject property. No 5 one present reported failure to receive the notice or objected to its content. 6 7 Application: to split off a 20 X 120 foot parcel from the rear of Mr. , Hertog' s 8 residence and attach it to the Edward Street 50 X 180 foot 9 ' lot. The result would be two lots, 14,400 and 11 ,400 square 10 feet, both of which would be aboVe minimum size. 12 Proponents: John Hertog, owner of both properties who said lot split would 13 create a More buildable parcel on Edward Street. 14 15 Opponents: none and Mr. Childs said none of the numerous property owners 16 who had been notified of the request had called him before 17 the hearing. 18 19 Staff input: recommend approval because no variance would be required and 20 resultant lots would both comply with Zoning Ordinance; 21 22 agreed that removing the existing small house on Edward .would 23 make that property more marketable. 24� 25 The hearing was clos.ed. at 7:45 P.M. 26 27 Commission' Recommends Lot Split- Approval S' 29� ' Motion by Bowerman, econded by Were'nicz to recommend -the Council grant 30 the request from John L. Hertog, _ 2521 St. Anthony, Road for subdivi.sion without 31 platting. This would allow the applicant to split a parcel 20 --feet X 120-. 32. feet from the north side of .Lots 5 and 6, Block 2, Clark and Kings Henn6pin 33 Gardens (2521 St. Anthony Road) to be attached to Lot 4, Block 2, Clark... .. and. Kings Gardens (3246 E-dward Street) for the purposes of constructing home 'on 'the thUs' enlarged lot ait'3246 Edward: Street,— 35 a new sin4fe faimfly­ 36 and rerfioving the structure currently on said lot. 37 38 In recommend approval , the Commission finds that: 39 40 * the request Appears ,to be in order; 41 * no one appeared to speak against the proposal -at the Commission hearing 42 and staff had reported receiving no calls for or against the request prior 43 to the hearing; 44 45-1 by allowing the lot split, the City would be- cre'ating two lots bothiof 46 of which would meet minimum standards for l6tsizes in St. Anthony. 47 48 Motion carried unanimously, 49 50 OTHER BUSINESS 51 52� FINAL-. PLAT REVIEW OF VILLAGE TOWNHOMES IN ST. ANTHONY 53 54 Staff input: said platting was for remaining 23 units in the subdivision which 55 are all under construction; -3- reported developers were -in a good position in terms of marketing 2 because they have purchase agreements (not reservations) for 3 14 out of 29 -units and 5 of the first 6 units will be occupied 4 soon. -One of these occupancies represents a rental to a 5 prospective owner who is waiting for one of the units now under 6 construction; 7 he indicated that the ordinance requires only Commission 8 comment on plat in advance of Council action; 9 10 he said the plat before the Commission was in keeping with the 11 Preliminary Plat except for the removal of two outlots for the 12 common property as required by Hennepin County; 13 he told Commissioner Madden the plat for the other 6 units 14 of the project had previously been filed with the County; 15 16 the final plat had been delayed until all unit foundations 17 were in. 18 19 Commission Comments 20 21 Hansen - indicated that although the site is slightly crowded, it is a very 22 attractive project which is a vast improvement over what was there 23 before. 24 25 Madden - agreed "very pleasant." 26 27 Plat Approval Recommended 28 29 'Motion by Madden, seconded by Bowerman to recommend the Council recommend 30 approval of the final plat for the remainder of the Village Townhomes of St. Anthony 31 units. 32 Motion carried unanimously. 33 34 35 COMMISSIONER BOWERMAN BIDS FAREWELL TO FELLOW COMMISSIONERS 33 6 37 Mr. Childs had informed the Commissioners that there was a possibility that 38 lack of business to transact might prompt cancellation of their December 39 meeting. Although he had promised the City Manager that he would be willing 40 to serve in January if his replacement was not found in time for the Commission 41 hearing, Commissioner Bowerman made the following statement. He said he 42 wanted the other Commissioners to know how much he appreciated their friendliness 43 towards him their enthusiasm and cooperation and "all the fun we've had 44 together over the years." Commissioner Bowerman indicated he would be 45 very sorry to leave the community he had resided in for more than 21- years 46 but did not expect his contact with St. Anthony to end just because he was 47 moving a few miles away. 48 49 Commissioner Madden told Commissioner Bowerman he had learned a lot from 50 him over the two years Commissioner Madden had served on the Commission. 51 Commissioner Hansen said he found it "humbling" to be speaking as the Chair 52 that night and trying to convey the thanks of the other Commission members 53 for the more than ten years of service Commissioner Bowrman had given to 54 the Commission. 55 J -4- ' ADJOUPNMENT' 2 .3- Motfom 'by- Bbw6f*ah '-.-:seconded by :Madden ,to adjourn the, meetjng. at T:55 4 5., Motion carried unanimously... 6 7 8 9 10, 11 Respectfully submitted, 12 13 Helen Crowe 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33- 34 35 36 37 38 39 40 41 42 43 44, 45 46 47 48 49 50. 51 52 53 54 55 ai -A-ho " OR n "IX oie U. DA'ICIE : APP—j-"VV Jan uary 16, 1987 , #� - ,X 'ICO Planning- Commission Members IF IR CIM David M. Childs, City Manager T,rj-7m GET IT FOR LESS, APACHE PLAZA, SIGN VARIANCE REQUEST BACKGROUND: Get It For Less at Apache Plaza currently has two wall signs on the south side of the building with a total sign surface area of 147.5 square feet. In accordance with the city sign ordinance, such a business would be allowed up to 150 square feet of signage- based on 2 square feet of signage per linear foot of building frontage to a maximum of 150 square feet. The applicants request that since this business is in a corner location, that they be granted a variance to allow one of two additional signs as follows: First choice: one 150 square foot wall sign to be mounted on the east side of the building. Second choice: one 72 square foot wall sign to .be mounted on the east side of the building. Some of the other locations where the Commission has received and approved similar requests include Cokesbury Book Store, Nationwide Sewing Machine and Town and Country Foods in the St. Anthony Shopping Center and at Zantigo, and Tires Plus in Apache Plaza. All of these locations are corners or have multiple frontages, thus giving rationale for variances previously granted and generally supporting this request. Approval of the request would result in signage exceeding the provisions of the sign ordinance' of varying amounts, depending on action recommended by the Commission: 1 ) Approve the full request. Result: South 1 - 116 square foot sign 1 - 31.5 square foot sign East 1 - 150 square foot sign TOTAL 3 - 297.5 square feet 2) Approve partial request. Result: South 1 - 116 square foot sign Delete 31.5 square foot sign 1 - 150 square foot sign or .1-72 square foot sign TOTAL 2 - 266 square feet 2-188 square feet Because of the extremely tall wall section of this portion of Apache Plaza, the proposed signs will 'not appear to be excessive in size. If you drive by and imagine the proposed signs, you will probably not feel that the request for a sign on the east side represents an excessive amount of signage. cjk:pcl.16.87 -2- No calls have been received opposing this request. I received a. call from Dennis Cavanaugh, C" G. Rein Company, managers of. apache Plaza, who expressed support for the signage and stated that it is in conformance with their own very strict signage regulations, . Date: Fee . $25 . 00 CITY OF ST. ANTHONY PETITION . FOR SIGN VARIANCE Applicant: cov'+& _U%c, Phone : Address : 2-z!) RLg,1&Q%)' .3+&eeA- Wew�- A S C 291-71 Status of applicant (owner, buyer, re,nter, agent, etc. ) _Q� QejorAr- %J Legal description of property petitioned for variance : (9&T' XT Foot Lz%5 At I -10 b Street Address : WMCI�J_LIXA sl_ Zoning district in which property is located: Request: A&I-Ab" Pishl _tIGIA OLa -&--cle- Minnesota Statutes and City ordinances require that the following conditions must be satisfied affirmatively. If the answer to a statement is Yes , please explain, using additional sheets . Yes No 1. The granting of the variance will -.not be detri- mental to the public welfare- or injurious to other property in the neighborhood or village; , and 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are adhered to, or 3. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land-use classification. A ;��co L Sqignature of Applicant Signau or - Qwn�er !1f oth than applicant) COLITE INDUSTRIESm INC. 229 Parson Streel P0. Box 4005 Wesl Columbia. S.0 29171-4005 1(803) 796-1000 /Telex:573463 COLITE CLB Nelax 111 803-771-4903 EXPLANATION OF REQUEST FOR VARIANCE Get It For Less Store #1700 380 Silver Lake. Road Apache Plaza Shopping Center Saint Anthony Village, Minnesota The store located at the referenced location occupies a corner location within the shopping center. Due to the position that we occupy we do not have adequate exposure to traffic flow directed opposite our front elevation. We ask that a variance be granted to allow us to have a sign mounted flat on the wall on this elevation in order to give exposure to the traffic that is not able to advertise our store. I have enclosed two sketches illustrating two standard signs that we have available. We would appreciate your approval on the larger one if possible but are most willing to use the smaller one if you prefer. Thank you, �j J�'-j W. David Gantt, Agent CITY OF ST. ANTHONY NOTICE OF HEARING SIGN -VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public ,hearing by the Planning Commission of the City of St. Anthony on Tuesday, January 20 , 1987 , at 7 : 35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road ( enter northeast corner) for the purpose: Consideration of a request from Get It For Less, Apache Plaza Shopping Center, for a variance from the sign regu- lation of the Zoning Ordinance to allow addition of one wall-mounted identification sign onthe east side . of the store location of up to 150 square feet in sign surface area. This is in addition to existing signage on the south side of the store location where the ordinance allows one wall sign per business of up to 150 square feet in size. . Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: January 7 , 1987 .-_%, 380 Silver. Lake­Road (Apache ,Plaza) Sentinel Management �Co. 5151 Industrial Boulevard_ .� 'C ' _-G Rein- Twin City Federal Minneapolis, MN . .554-35 9�9 S*ibley Memorial Hwy. -'309 Silver Lake Road St. Paul', MN . 55118. St.�, -Anthony, MN 554210 Re: Equinox Apartments� 4 F i flPY A LJMP miff 'A ff I inN Or M,75 N 9 AD clFU '171 7r-:� F71E�:]7--EEU �7 JAV:qoljfiK '2� -)UFIFTIF�0 OEM 0 K FAC F I S 0 A P FRONT FLEYATl.0-ti- LINES, SHEET I FCDI:� HL F + 36' INC)IVIDUAL lgr ILLUM. LETTEP-5 —//Woo 140TE : GRID PATTERN CONTINUOUS ACR05S CmlrA�4 F'ACE. FRONT ELEVATION 100 q 7-L)e, ,31V' 11111111111IJAL lgr ILLUM. LETTEPS Ir ---Mae I40TF_ : GRID PATTERN CONTINUOUS ACIPOSS S4�4 FACE. FRONT ELEVATION (!?t4trCjoo,. eteoav6s v6... %q Q Tu r-3 i t� (TTr-,) Le 11-7 1, /�7 71 '74 ---------- rAm R 0 LJ 13 El ED EM LIM -Rpm V,— I L Alh Tww U-7 E v 7". "W saw W L ML L Arom, Al-.j v 7n E3 Lit: DIG, MEM Ell, Vvo� 'Noll--VA313 d� ol ai hon: i Iola 'e. la I)A'r]F- : APPIROVA� January 16, 1987 z 'ICO 10AW1 '01-�" Planning Commission Members IFP,C)M David M. Childs, City Manager T'ICIEM LESLIE PAPER, 2850 ANTHONY LANE SOUTH SIGN VARIANCE REQUEST BACKGROUND: This is a request from Leslie Paper, 2850 Anthony Lane South, for a variance to allow a ground sign of 60 square feet (30 square feet X 2 sides) . The sign code based on bonuses given for lesser height, would allow a total sign surface area of 40 square feet. - The ordi-nance would a.11-ow such.-a sign in lieu of allowed wall signs. The subject building currently has some wall signage in place and the applicant requests that the City allow such signage to remain but states that their first priority would be for the ground sign, if all or part of the existing wall signage is required to be removed. No calls have been received either for or against this request. It appears that the applicant desires better visibility since the mature landscaping around the building 'makes the existing wall signage less visible than it may originally have been. Also, that wall signage, to a large extent, 'is in the form of two large "L" logos to represent the company. cjk:pcl .20.87 Date : Fee : $25 . 00 CITY OF ST . ANTHONY PETITION FOR SIGN VARIANCE Applicant : S a- Phone : Address P-'-7s 0 t,4—kk-t c) C'\ �:e L !,j Status of applicant (owner, buyer, renter, agent, etc . ) : Legal description of property petitioned for variance : . Street Address : zoning district in which property is located- Request: Minnesota Statutes and City ordinances require that- the following conditions must be satisfied affirmatively. If the answer to a statement is Yes , please explain, using additional sheets . Yes No 1 . The granting of the variance will not be detri- mental to the publi-c welfare or injurious to other property in the neighborhood or village.; and 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are adhered to, or 3. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought and- are - not applicable, generally, to other property within the same land-use classification. Jgdtrf_ufe of Applicant Signature of Owne—r (,If other than applicant) 01 - 08- 87A *25 . 0H Eaton&Associates Design Company 303 Thresher Square 700 South Third Street Minneapolis Minnesota 55415 Phone 612/338-2266 December 12, 1986 Mr . Dave Childs City Manager St . Anthony Village 3301 Silver Lake Road Minneapolis , Minnesota 55418 Dear Dave : Attached is a configurational drawing showing our proposed free standing two sided , landscaped site sign for Leslie Paper. The sign would be placed on- a burm of approximately three feet high. The sign base measures about eight inches and the sign itself , ten feet by three feet. Including the base this sign is -approximately seventy square feet. The sign would be positioned in such a manner as to allow readability from either an east or west approach. I am quite sure that Mr. Leslie would be willing to remove the existing identificational sign from this building if the city would grant a variance on this replacement . Kindly let us know your thoughts and if additionai information is required in giving this proposal preliminary approval . Sincerely, Timothy L. Eaton President TLE:cdg Attachment CITY OF­ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission. of the City of St. Anthony on Tuesday, January 20, 1987 , at 7 : 50 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration from Leslie Paper, 2850 Anthony Lane South, for a variance from the sign regulations of the Zoning Ordinance to allow installation of a 3 foot X 10 ..foot free-standing (ground) sign in front of said business. Said sign would have a total sign surface area of 60 . square feet where the Zoning Ordinance allows a maximum of 40 square feet for such signs. In addition, ground signs are allowed in lieu of wall signs. A determination of the Commission and City Council is also required relat- ing to whether -,the ground signs will replace existing wall signage or whether a variance will be granted to allow the existing signage to remain. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this . matter shall be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: January 7 , 1987 MAILING LIST 2850 Anthony Lane S?uth -Gay Realty Anthony 'Place Garment , Graphics 2233 N. Hamline 2855. .Anthony Lane S. 2837 Anthony Lane S. ,.St. Paul, MN 5-5113 St. - Antho-ny, MN- 55418 - . -St. ' Anthbny, MN 55418 Autobody Supply Sunset Memorial Cemetery 2845 Anthony Lane S. 2250 St. Anthony Boulevard St. Anthony, MN 55418 Minneapolis, MN 55418 Exterior Illuminate Sign NOvornbor 1986 Eaton Aa3ociates scale 1' 1- Lc5Ez0"ihL1ffiE= ' PAPm=R ' - 2830 An Employee Owned Company Ail - T7i' 4. ai -hon 'Ila I DA'r]F— :. A.PPIROVAJ -January 16, 1987 Planning Commission Members Ynom David M. Childs, City Manager PROPOSED ZONING ORDINANCE AMENDMENTS RELATING TO RESIDENTIAL PARKING AND DEFINITION OF FAMILY SIZE BACKGROUND: Attached is proposed language which is the result of previous discussions (minutes attached) by both the Planning Commission and City Council . The proposed changes are in response to too many vehicles (including boats, trailers, campers, motorhomes, as well as cars and trucks) being parked at a number of residential locations. The Council has requested that the Planning Commission hold a hearing to consider these changes. You should review the changes, take testimony from any citizens present and make recommendations for final action to the City Council , with any changes or amendments that you feel are appropriate. cjk:pcl.20.87 CITY OF ST. ANTHONY NOTICE OF HEARING ZONING ORDI-NANCE AMENDMENTS TO WHOM IT MAY CONCERN: . . Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, January 20 , 1987 , at 8 : 00 P.M. in .the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of amendments to the Zoning Ordinance as follows: 1. amendment of the definition of "family" as used in residential 'zoning districts by changing from six ( 6 ) to three ( 3 ) the maximum number of persons not related by blood, marriage, adoption, or foster care who maintain a common household and use common cooking and kitchen facilities who meet the defini- tion of a family; 2. allowing a maximum of four vehicles to be parked in the front yard of a single family, two family, or town- house zoning district and requiring that any vehicles so parked must be on a paved surface and not on the grass or the boulevard. Vehicles would be defined to include motor vehicles (cars, pickups , vans, snowmobiles, motorcycles , or motor homes) , trailers (campers , trailers) , boats or other vehicles licensed by the State of Minnesota for use on roadways or waterways. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be .referred to the City Manager, 789-8881. David M. Childs City Manager 'Publish: January 7 , 1987 -6- 9 If Counci'lmember Ranallo reported receiving ,,numerou',s residents' complaints related to, people oper,ating businesses out of their . homes resulting in traffic congestion in their neighborhoods and homes around whichthere' are from' seven to nine vehicles., some inoperable, parked on the street ,and in: the driveways . The Councilmember. , indicated he had .worked with staff to resol,v.e several of these cases but perceived that with the current ordinance which permits uo, to six non-related inhabitants in a residence, little could be done about the latter problem. Mr. "Childs said the City had been able to eliminate the non-operable vehi'cles but could do little or noth,ing about the vehicles the residents drove. Councilmember Ranallo, said the situation was worsened because at some of these residences there are also boats and recreational vehicles parked on .the properties over the winter . Councilmember Marks recalled that at the time the City Ordinance was rewritten in 1976, the prevailing legal opinion seemed to be that the figure of up to six un- related persons living in a residence was the most acceptable. The Councilmember indicated he perceived the thinking on that point might have changed somewhat in the meantime but said he would be somewhat hesitant to recommend an ordinance review for fear t'he City might end up with having to allow more, rather than less inhabitants to a residence. Councilmember Enrooth said he believed the City should at least look at some way of dealing with the number of vehicles of all types which can be stored or parked in the residential districts. Councilmember Ranallo agreed that staff should lookat the ordinance to see what could be done to resolve the problem, but added that he knew from personal experience with four adult drivers in his own family that might be very difficult, but at least concerned residents could be told the City was making every restriction thc- l.aw allowed . The Manager said with the increase in "extended families" moving into the Village there might be a problem with trying to restrict the number of inhabitants living in a residence. Mr. Soth indicated he perceived the only reference available to the City was how the situations related to the "health, safety, and public welfare" of the resi - dents and there are some previous cases which say "the public welfare includes aesthetics and zoning restrictions can be adopted which are based -almost entirely on aesthetics" . The attorney therefore said he thought there might be some support for further restrictions as long as the City doesn't go so far some court would be forced to intervene. Councilman Ranallo commented he perceived there could certainly be a case made for poor aesthetics with some of the properties around the City where parked vehicles have ruined the lawns or the front yards have been filled with asphalt. Mayor Sundland related his own personal experience of unsuccessfully trying to convince one of his neighbors to clean up his property. It was his recollection that bot-h problems had been explored with the- City Attorney many times in: the past with no -easy legal solution ever found; - However, since Mr. Soth had indicated there might be legal grounds for restricting .commercial businesses with six or seven �. workers involved, it might also be productive to take another look at..the other problems as well . Motion by Councilmember Marks and seconded by Councilmember Ranallo to' refer the zoning concerns with staff. recommendations -to- the Planning Commission sometime in the near future. Motion carried unanimously . -9- CoUrt., -July 2nd . - The Finance Director ' s s month report on City i.nvestments was accepted as informational after Councilmember Ranallo ha,d commented that he perceived Mrs . Johnson was doing well with the : investment she made in spit& of decr.e. asing in.terest rates . Mr. Childs reported Duane Fisher had indicated he would not, be constructing the housing project which had been approved for the former Clark Station property because it appears that proposed changes in tax laws relat.ing to such projects would no longer make such a project feasible . Mr . Soth concurred it was very likely that at least that portion of the tax bill which eliminated real estate depreciation for rental property, would be passed. The Manager identified the large payment in the verified claims which had been deferred earlier in the meeting to be an H.R.A. reimbursement of the -money the City had loaned to .purchase the property for the Old Highway 8 Redevelopment Project . Motion by Councilmember Marks and seconded by Co.uncilmember Makowske to approve payment of Check #1259 for $307 , 260.06 as listed in the June - 30th verified claims (vendor correction) . Motion carried unanimously. There was an indepth discussion with Mr . Childs and Mr. Soth about the Manager ' s July 16th memorandum regarding ord-inance changes related to parking automobiles and recreational vehicles; occupancy by unrelated individuals ; and businesses conducted from City homes , which the Council had requested stzff investi gate further , April 22nd. The Council concurred with the staff recommendation that home occupations could best be handled by parking restrictions and there was general concurrence that the number of unrelated persons living in a single family residence could be reduced to either two or three as long as the ordinance didn ' t prevent "extended families" , which seemed to be a common occurrence nowl or interfere with City families opening their homes to foreign exchange students . Councilmember Ranallo said he could see some merit in the suggestion for limiting the number of vehicles parked in front yards but he perceived it might be beneficial to get some input .from the Planning Commission before anychanges are made in the ordinance. He asked Mr . Childs to see what ideas the Commission members might have along this line and suggested it might even be advisable to schedule a joint work session of Planning Commission and Council member.s. to get their recommendations. for ordinance changes. The Manager agreed that the subject was directly associated with the typ.e of' zoning questions the Commission i's charged to examine for . th-e Council and said he would make it clear to the Commissioners that they �were not being asked to formulate a, �new ordinance but only to providethe information on which a new ordinance could be based . Mayor Sundlan'd indicated he might have some problems with some of : the.:-staf-f -recommendations but he peeferred :to wait, to get the Commission reac'tion before expressing - those. opinions . However , the Mayor said , he agreed with Councilmember Ranallo that the _10- r'eal issue which had to be addressed- was the number of vehi '�:which are' parked in frbnt: o,f- some ' City residences to the dc ine.n t of their ' neighbors. mr .' 'Soth agreed '-that the Council woul-e " tough issues" -with these' ordinance changes be( �u_3e facing some th'ey wouldn ' t want " to create problems for .residents who ar,en.' t. causing difficulties for ' their neighbors" . Problems which resulted from young adult children remaining in the homes longer than in the past were brief�ly explored before the matter was la:Ld over for further consideration after the commission had provided . their input . Mr . Childs gave an update on the actions taken in relation to the water contamination litigation capsulizing the points made in correspondence between himself and the Environmental Protection Agency which had been included in the agenda packet . In his July 15th letter to the EPA, the Manager had emphasized that the consultants the City had hired to review the Camp, Dresser/ and McKee study had suggested an alternative for a long range water supply for St . Anthony, which had not been con.s.i.dered in the CDM study whereby Wells #3 and #4 could be carbon filtered and a deeper well near wells #3 and #4 could be dug into the Mt . Simon/Hinkley aquifer as a backup when the other systems are down . As he had stated in his letter , RCM had estimated the cost of this alternative system would actually cost less in the long run than the system the Camp, Dresser and McKee study had promoted. Councilmember Marks - complimented the Manager on his excellent report in the "Newsletter" on the complicated issues which are involved . The Manager indicated he had also sent copies of the' "Newsletter" , along with all other pertinent documentation of the Army ' s "stonewalling on their responsibilities for- the City ' s problems" to all the City ' s state and congressional representative including Congressman Sabo/ -who serves on the Defense Appropriations Committee with whom he had met July 18th . During that meeting , Mr. Childs said he had reiterated the City ' s position 11it. was ridiculous for two government agencies to be wasting money suing each other" . Congressman Sabo had promised to keep ' the City apprised of actions he took in regard to the matter , the Manager said . Mr. Childs then reported his attendance t-hat day at a meeting of the Minnesota pollution Control Agency where the MPCA staff had requested the Board of Directors approve a fourth amended RFRA ( Request For Remedial Action ) from the U.S . Army , Honeywell , and Federal , Cartridge (who have changed their name ) related to their respon-sibilities for the contaminatIon of- St . Anthony ' s water supp*lY which the Board turned down by a 5 to 4 vote . The Manager said he had perceived the four Board members who had voted . for the amendment - had been' very frustrated with -delaying action of the other five "so there could be 'further investigation of any other parties who might be responsible for the contamination" , because those four recognized that many extensive investigations had already been made in that regard with no evidence that any other company could have leaked TCE ' s into the ground water around the arms plant . 1 , No oth'er-heighbors Were present to provide input and the Manager had� advi,sed "2 - he � had received no calls ab6ut the project except one related. to how: the property . 3 - was going:, to be graded . The hearing was closed. at 9:37 P.M. 4 5 * Commissioner Madden said he perceived this lot had a unique topography as compared 6 to its neighbors because, it -is on a hill . Commissioner Hansen agreed. saying 7 he could -see where Mr . Schroeder' would -have an awfully steep, driveway if the 8 City made him construct his garage any closer to the street. Commissioner 9 Jones said he .was glad .to see only a one story home was going to be constructed jo on that hill . 12 Motion by Commissioner Madden and seconded by Commissioner Werenicz to recommend 13 the Council grant a 2512- foot variance to the Zoning Ordinance requirement for 14 average alignment' of adjacent homes to allow Bryon Schroede'r, 3115 Johnson 15 Street N.E. , Minneapolis, to construct the home he proposes at 3520 Silver 16 Lake Road with a front yard setback of 63- feet finding that: 17 18 1 . the proposal meets all Ordinance side and rear yard setback requirements 19 and the proposed structure would fit in well with the other homes in that block; 20 21 2. the placement of the house will not adversely affect the front yard visibility 22 of adjacent homes and would provide t'he applicant with an alternative to 23 living so close to the traffic noise and congestion on Silver Lake Road; 24 25 3. the applicant had answered all three questions in the Petition for a Variance 26 affirmatively as required by Minnesota and City statutes; and 27 28 4. no one spoke against the total concept of the setback per se during :the 29 hearing. �O . 31 Motion carried unanimously. 32 33 Commissioner Hansen requested the Manager to check on the installation of the 34 "right turn only" sign which the City had directed the Nativity Church to put 35 up on the south exit from the parking lot because Sunday he, had narrowly missed 36 hitting a car making a turn in the wrong direction towards Silver Lake Road. 37 The Commissioner commented that he was- still convinced that driveway was constructed 39 too close to the intersection. 3'9 40 Commission comments related to the proposed ordinance amendment dea ing with 41 vehicle, parking, occupancy by unrelated individuals, and businesses conducted 42 from City homes were recorded by the City Manager for submission to the Council , 43 September 23rd, including agreement about ,limiting the number of licensed vehicles 44 in the front yard. 45 46 - There' was general agreement that there 'was- no- need for more than three unrelated, 4.7-' individuals to live in the same single 'farnfly residence except in special circumstanc 1,ikL- extended families, -exchange students,. and, as Commissioner Madden mentioned, 48 49 rectories and convents. 50 51 Commissioner Werenicz sai'd he had personally seen the need for such an ordinance: 52 when Reverend Krueger had rented his. property to five girls all of whom.have A n 1 0 .-to park their. cars, on the street or, the driveway .because the garage s s 53 54 .- full not even one' car can be parked, inside. 55 -9- I Mr.. Chtlds said the ord:ih-a' nce. would be written to assure that any- veh:icl e. (sel 2 propelled and motorized) �which ' is: not currently registered or roadworthy has . 3 to be stored undercover and that there could be no vehicles parked. in the front 4 yard except on what Commissioner Madden termed would have to be "concrete 5 either asphaltic. or bituminous". 6 7 Chair Franzese said she agreed with this requirement but perceived there might 8 be valid reasons for parking cars in front of the house like her own where 9 she would soon be having four of her children driving cars.. 10 When the question was raised whether boats and trailers could be stored in 11 12 fenced in back yards, Mr.. Childs said he perceived the City could do something 13 about zoning to provide certain level of aesthetics for front yards but he 14 wondered- whether the City might begoing too far by trying to impose the same 15 restrictions 'for the back yards. 16 When the problem with a bus being parked on residential property for a long 17 18 period of time was orought up, Commissioner Werenicz suggested the City might 19 be able to force its removal on the grounds that, with the possibility of gasoline 20 and oil leaks, it might have. become "environmentally dangerous" . 21 - Commissione r Jones suggested there might be some advantages for the Manager 22 to get the reaction to the ordinance relating to unrelated individuals from 23 the owners of some of the largest apartment complexes in St. Anthony. Mr. 24 25 Childs said that was a good idea because they might even appreciate knowing 26 the city was developing an ordinance which could support some of the actions 27 they have to take in response to similar problems with unit residency and vehiPce 28 parking on their properties. 29 Motion by Commissioner Madden and seconded by Commissioner Jones to adjourn 30 the meeting at 10: 10 P.M.' 31 32 Motion carried unanimously. 33 34 35 36 37 Respectfully submitted, 38 Helen Crowe, Secretary 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 C. I .TY- OF ST - ANTHONY HOUSING - AND REDEVELOPMENT -* AUTH0�RITY - - MINUTES OCTOBER - 28 , 1986 The meeti,ng was called to order at 9:31 -P-.M. by Chairman Sund.land. Present for roll call : Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks, and Commissioners Ranallo and Makowske. Also present: David Childs, Executive Di,rector. . HOUSING AND REDEVELOPMENT AUTHORITY MINUTES Motion by Marks, seconded by Makowske to approve as submitted for the August 28, 1986 meeting. Motion carried unanimously. %-IERIFIED CLAIMS Motion by Makowske, seconded by Marks to approve payment of $2,630.00 to Stuart J. Bonniwell , C.P.A. , for financial examination of H.R.A. statements .for the year ended December 31 , 1985. Motion carried unanimously. Motion by Enrooth, seconded by Marks to approve payment of $428.50 and $141 .00 -A. during July and August, to the Dorsey 'Law Firm for legal services to the H.R. 1986, respectively. Motion carried unanimously. Motion by 'Marks, seconded by Enrooth to adjourn ..the St. Anthony Housing and Redevelopment Authority meeting at 9:32 P.M. Motion. carried unanimously. Respectfully submitted, Helen Crowe, Secretary C'.I -F Y.�`.,OF ST. -A-N T HIO MY. COUNCIL ' MINUTES , , . NOVEMBER 198-6- - 'Thel-meeting was opened -at 7:30. P.M� with. the P-ledge :of 'Allegiance l,e,d by Mayor Sundland. Present for roll ca.11 :, -Marks, Ranallo,- Sundl.and, Enroo,th". Makowske. Also present: David Childs, City Manager Doug -Jones, Planning Commi�ssion Representative Steven Yurick, ,Arkell Development Project Manager Gary Tushie, Project Architect OCTOBER 28 , 1986 COUNCIL MINUTES Motion by Marks, seconded by Makowske to approve with the following changes: Page 6, para. 5: Correct typo "would", line 1 . Page 7, para. . 3,: - Correct typo "respond" ', line 6. Page 9, para. 5: Correct typo "process" , line 1 . LICENSES Motion by Marks, seconded by .Enrooth, to' grant the following l.icenses as . listed in the November 10, 1986 Council agenda packet: Heating Viking Heating & Air Conditioning Modern Heating & Air Conditioning, Inc. Wm. F. Ridler Plumbing & Heating Contractors Four Seasons Construction Company D & H Roofing, St. Paul Stanley' Jor'genson Construction, Inc Wyoming, MN Action Design Remodelers, St. Louis Park Don Knutson Remodeling, Champlin, MN glue Line Construction- Co. , North St. Paul Motion carrried unan'imously. The Council accepted Commissioner Jones' suggestion that cigarette vending machines only be allowed in supervised areas. CLAIMS Motion by Marks, seconded by Ma''kowske 'to -a-ppro.ve-.payment of $3,126.64 to -'Bruce 'A.' Liesch Associates*,' ,-Inc.� for'.consulting services through October 16 1986 in conju�nction with the City'sl law,suit -against the U.S. ' Army et al related to� St. Anthony.. $�.water contamination problems"�- Motion carried unanimously. -2- Motion by Ranallo, seconded by Enro'oth, to- approve payment of $9,000 to District #282 for use of the ParkView facili-ties during October, November, and December, 1986. Motion carried unanimously. Motion by Marks, seconded by Ranallo to approve payment of $25,108. 11 to the Metropolitan Waste Control Commission for sewer services in October, 1986. Motion carried unanimously. Motion by Makowske, seconded by Ranallo to approve Payment of $516.00 to Twin City Testing for bituminous testing on St. Anthony Boulevard. Motion carried unanimously. Motion by Enrooth, seconded by Marks to approve to approve payment of $1 ,110-00 to Dorsey & Whitney for legal services during September, 1986. Motion carried unanimously. Motion by Marks, seconded by Makowske to approve payment of $4,841 .07 to Short-Elliott- Hendrickson, Inc. for engineering services on the St. Anthony Boulevard Reconstruction Project from August 24 through September 20, 1986. Motion carried unanimously. Motion by Ranallo, seconded by Marks to approve payment of all claims listed for November 11 , 1986 in the Council agenda packet of the same date. Motion carried unanimously. NEW BUSINESS Police Forfeiture Fund Authorized At times the Police Department needs "buy funds", dollars to provide safety and assistance to witnesses and victims, etc. The Police are not, however, allowed to pay for such services from general funds or the annual police budget. The Hennepin County Property Forfeiture Task Force had therefore recommended a separate fund to be set up to store monies from forfeited property to be used for this purpose. Councilmember Makowske suggested the following modification of the wording of the resolution establishing such a fund: Para. 3, line 1 : Insert "for the purpose of" between "periodically" and "buy funds". Motion by Marks, seconded by Enrooth to adopt Resolution 86-036 with the change recommended by Councilmember Makowske. RESOLUTION 86-036 A RESOLUTION ESTABLISHING A FUND FOR POLICE FORFEITURE MONIES Motion carried unanimously. -3- )urthase of New Road Grader- Authorized M�'' -!Chi Ids, reported that,,.. a.l.though -several vendors had indIcated, an� interest — in the road''equipment.-the City-As. trading in on: a new grader,, only Carl-son's The Manage)-.. al so LAke' State ,Equipment had returned with a bid November 7th., said staff was seeking authorization to issue $120,000 in Certificates,.of..Indebtedness , to cover the costs of the grader. :, Aiso included in that issue would.,be the costs of two squad cars purchased in 1986 -and 1987. Motion by Ranallo, seconded by Makowske to accept the bid-of $89.500.00 . from Carl,son' s Lake State Co. - for- a new road grader : with wing plow to be delivered to the Public Works Department within 90 days from date of order. Motion carried unanimously. Motion, by Marks, seconded by Makowske to authorize investigating the- placement of $120,000 in Certificates of- Indebtedness with Miller and Schroeder to cover. the above costs.- Rates are expected to be about 5y'%. Motion carried unanimously. REPOP,-rS COUNCIL REPORTS Congr-essman Sabo to Expedite Superfunds for Filtration System Mayor Sundland reported the Congressman' s office had agreed to "nudge the bureaucracy along" to expedite the funding of a carbon filtration system for St. Anthony before next summer. If the EPA can get the system installed by that time, there would be ,no need to connect 20% of the City to Roseville water, he said. Youth Service Bureau Celebrated 10 Year Milestone ,October 30th' Councilmember Marks reported some of the observations about parent/child relations the keynote speaker had made during this symposium. He said three-fourths of the contact1between the two was categorized as "negative". The Councilmember represents the City on. the Northwest Suburban YSB Board of Directors. League of Minnesota Cities Policy Adoption Meeting November 20th Councilmember Ranalio urged attendance at this meeting to defend the rights of- suburbs when it came to the inevitable rewriting of the Minnesota property tax laws during the next legislative sessions. The Councilmember said there would be strong competition for preferential treatment from the larger metropolitan cities and the Coalition of Outstate Cities. RCLLG Board Plans November afid December Meetings Councilmember Makowske' reportea attendin - g the November 7th -RCLLG Board meeting where �the meeting themes were developed. She said the November 19th meeting would consid.er. wat.ersned di§tri'cts.. including the new Middle Mississippi Watershed Qistrict. - Senator David Durenberger has been invited to aadress, th.e. groui) at their December meeting. -4- DEPARTMENT AND COMMITTEE REPORTS Following bri.ef 'discuss.i.on's -of the following, the Council ordered them f i led as informational : October Fire Department September Finance Department October Liquor Operations Sales Summary Police Chief Recommends KSTP Reporter Be Commended Motion by Marks, seconded by Ranallo to follow Police Chief Hickerson's recommendation to award a Certificate of Appreciation to Tom Garrison, investigative reporter for KSTP Television. The award would commend Mr. Garrison for his very thorough investigation into complaints surrounding Vern's Meat Company in St. Anthony. He would also be thanked for the assistance he gave the Police Department towards bringing this case to a successful conclusion. Motion carried unanimously. Commissioner Jones Not Seeking Reappointment to Commission His term of office would be expiring January 1 , 1987, and the Commissioner said he would not be requesting reappointment. However, over the many years he had served on that body, Commissioner Jones said he: *had learned a lot; *made good friends; *enjoyed the time he had served; *hoped during his time on the Commission he ."had made the Village just a little better community in which to live" ; *had reached his own major objective - the redevelopment of the depressed Kenzie Terrace area into the fine project the Arkell Development is now proposing. Mayor Sundland, speaking on behalf of the City and Council , thanked Commissioner Jones for his service to the community. The Mayor said he believed that, over those years, the Council and Commission had learned to work together to attain the "better community" Commissioner Jones had spoken of. And, the Mayor added, "You have done a lot to provide stability on the Planning Commission and your voi ce on that body wi 11 be mi ssed. Commissioner Reports Phases IIB and III Returned to Senior Rental Commissioner Jones reiterated the report in the minutes of the November 3rd Commission hearing about the large attendance at the hearing. He said the majority of the St. Anthony and Minneapolis neighbors were present to express their concerns about the redeveloper's proposal to change the project use from the senior rental approved by the City, December, 1985, to market rate apartments with general occupancy. The Commission's task had become much easier, the Commissioner said, when "early in the process," John Arkell , sensing the atmosphere of opposition to his proposal , had returned to senior rental . The Commission representative said the Commission recommended acceptance of Arkell 's request to provide 300 parking spaces for 300 units. The consensus -5- of the �Cbmmiss-ioners' h�d'-been:'t'hat-,''although the'.0rdinance requ-ires' a ,greater parking ratio,,- that .requirement would be outweighed by the .redeveloper's willingness -additional� -spaces.,, hich cou-Id- be deve.1-oped:- if- needed .later: on. to reserve�'35': Developers Present-New Site Plans for the Project Commissioner Jones drew the Council ' s attention to what he perceived to be improvements in the project which had evolved from sugg.e.stions from "interested parties" at the hearing. They included: a second elevator in each bui-lding to accommodate senior renters; much .more storage space; ,*provision of more landscaping, including mature trees around the proj ect site and the pond area; *walkways in that same area; .*a quality project which could easily be converted to condominiums if market conditions change in that regard at a later date. Commissioner Jones -concluded his statement by reporting that the people at the hearing seemed to believe "there was a need for quality rental housing for seniors in that area. " And, in his own opinion, the project before them that evening met that criteria, the Commissioner said. Project Manager Commends Chair F ranzese for "Constructive" Hearing Mr. Yurick said the developers had been impressed with the way in the Commission Chair had conducted the hearing. He s.aid things could easily have gotten out of hand, but "instead of degenerating into a negative meeting, the developers- had been able to incorporate some very constructive suggestions from the public into the proposal being presented that evening." Mr. Tushie agreed that the ch'anges in the plan they were presenting that -evening -had. evolved from input received at the- hearing. The plans he then discussed with the Councilmembers- i.ncluded: *two buildings, each .with .150 units; *two 'e' leyators .for '6ach building; *continuation of green space all around the. buildings as well as in- the center of the site; *the- runoff retenti on pond returned as the project centerpi'ece with a network of s,idewalks in the -area; . . . pathways to be "wide enough, for passage of, emergency vehicles-!, .300 parking spaces .o,n' site .(176 'Interior, 124 exterior) , *six -6f'those -spaces to be sited near -the 202 .project which: -is experienc,ing, *provision for 35 'additio.nal parking spaces in the* green island areas if need arises late� on; "lock-type", poles to ,be located .in- these- areas -to provide emergency access 'for publit. safety �vehicles. -6- -o f-.-Lan ds:ca.0.ng:,To.,Be.�Nego t.i atd Vith Town, and-,Counit�ry, Owne.r- - Continuation� Commi ss-i'oner Jones suggested'.Kraus-Anderson mi ght..be wi-1.1 i ng .to augment: the green arOas -nex.t�. to ,.the -gr.ocery. store .parking. lot,-to further. .d-iscourage .drivers f-roni -driving- throUgh.-,this '.project' to ,r.each- Kenzie.-Terrace. Mayor .Sundland sai�d the gr6cery store manager is al.ready planning a de-li-very- service for. ,the project seniors -and-.�might, pressure the..own ers to cooperate with the.-C,i ty. in this matter. Tushie Anticipates No -Problems in Filling the Efficiencies, Because t'he'se would be the least expensive units in the buil.dings, the Ar chitect -told Councilmember Ranallo he expected the 20 efficiendes would be rented first. Additional Amenities Proposed for the Project The architect said some of .the changes which had been made for .senior renters included: *lockers and storage space for rental , on a one to one basis if possible; *Community space with associated services, including kitchen a,nd. dining room on the maiti floor; *arts and crafts game rooms and -lounges on �the second and third floors; *a whirlpool room -on the fourth floor; .*laundry facilities on every floor, similar to those in the Kenzington; *activity areas around the pond areas, if feasible. Council . Delays Decision 'to Lea-rn More About -Proposed Exterior Finishes The Developer's -propos,al for exterior finishes ,had not changed since the hearing, Mr. Tushie -reported. Brick would still be provided, around the front entrances And bay windows. The rest of t he bui'ldings -would be finished with lapped siding, preferably wood,. depending on fina-1 construction costs. , If aluminum siding is used, . it would match that on the 202 project next door. Councilmember Makowske commented that she was ,not. at all. convinced that there - - would be the same quality project with so little brick. The archi'tect responded that he was sorry he had not brought the slides he had shown to the Commission because they might change her mind about that. He said the Commissioners ha'd been quite impressed with the pictures of the Conservatory Apartment project. A�n Minnetonka whi,ch,. except for a difference -in the, fl-oor plan, is almost identical to -what the developers plan to do with this building. -And, he said that Wilding has no brick at all . Counci-Imahber -Ranal1b. commented that,,.after seeing:-the. .Oak Ridge Apartmeht -project .going up along-�the. road. to.--Stillwate.r, .he had. realized s.ome. .comb,inat-ions of brick an*d sidi.ng are_not' a"ll that attractive either. ..Several of those Present.:. said they certainly agreed with that assessment. Mayor Sun-dland- indicated he was convinced thO� projec.t was- a `.go. However if ',the other Councilmembers wou.'Id be more comfortable .�-eeing for themselves just what :mi,ght be going up- in St. Anthony, he, indicated .he wo.uld not oppose del'aying ''the final decision until they could do so�. -7- 1-t-was,-agr,b.e6,.-that the Countil- - tou,ld-.-alwa�s.,-sc-hedule.,,a -special work..session i,f,.' 'after -viewing the :Conservatory, -any of them still,, had doubts,- about -the project. .� Mr-. Chi-lds--sAid onl'y a'-24 hour not-ice was required' for, such :a meeting. Mr. :Tu'shie ,foresaw- no major problem with delaying a- decis.i,on .for two weeks. . And, :-the ar.'chitect said he. was convinced that once,:,the Council had'.,seen the Minnetonka-�bui-I ding-, tKey would be much more comfortable with :what- was being proposed for St. Anthony. Prior to the vote on a -motion to table, Councilmember Ranallo sai,d the architect and project managerto let John Arkell know how much the Coiuncil appreciated his return.ing the project to senior rentals. The Coiuncilmember also said he wanted' the, developer to know- the City is very pleased with the way the Kenzington turned out. He added that the Co'uncil had received many favorable ,comments about that building from the residents. Motion to Table Motion by Marks, seconded by Makowske to table Development Concept approval for .Phases IIB and III , Kenzie Terrace Redevelopment Project. Motion carried unanimously. CITY MANAGER'S REPORTS November 4th Staff Meeting Notes Mr. Childs answered several questions related to the above He told the Council there were replacements for the two reserves -who had left the Fire Department. A retirement party for Officer Puffer, is, being-planned. MPCA to Recommend EPA* Install a Carbon Filtration System on City Wells A draft of the MPCA staff recommendation concerning the above had been included in the Council 's agenda packet. Mr. Childs said the -document had been revised at least twice since they had gotten their .agendas.- However, the action had - been recommended by .the MPCA staff. Events as he expected them to follow would be: *.that the EPA would -approve a-one million dollar plus carbon filtration system on St. Anthony wells #3 and #4 and #5 and subsequent payment of 90% of the Operation and Maintenance costs for the next ten years; *that the MPCA Board would meet on December 16th, hopefully to authorize 10% match* for capital costs only;.- .*because the state would not 'be pa-ying any 0 & M costs, St. Anthony could expect to pick up the estimated $16,000. a year of those costs instead.' Mr. 'Childs -said the City would. probab ly be:the first City -�o get ten .years of 0 &..,M costs, paid. The 'justifications for that would include the fact that by oumpi'ng"-its own water, the' City could be:-perceived to be performing "a remedial , action for the grounidwater�" There would al.so be recognition that the -C-ity i's -experiencing increasing levels of, cohtaminants . ih its wells. The- Manager added that. when this process is complete, :the City woul-d- probably have the most- self-S"ufficient water system in-,the state because it would no longer have to :be concerned about its aquifer becomi.ng contaminated as some of .St:.'�Anthony's .neighbdrs may still- have to do. -8- !The'.e:"most-'oot.imi-st'i-c".,scena.r.io,..the. -Ci-ty Manager-. cou.ld expect;..if. there are, no."gli,tches"_Jn. getting the- funds from the federal:.-government,- wou-Id be to have the -6hgi heey,�i rig, started -i n January; construct-i on draw.i.ngs. comp.1 eted i.n - -March;. and to:hay.e, St.. .Anthony.on the system in the 'summer, thereby.-�possib-ly (on !a very'. outs.i'de chance). ,avoidingxhaving to put- 2.0% -of the�_community back on Rosevi-.l-le'-!water.. , Mayor Sundland said he.- perceived 'i.t would be� "easier to explai.n. opening Wel,l #3 and.-serving contaminated water than to te-1-1. those. people they. have to drink.-Roseville water another summer. " - although- the City ,wou-ld still- have. Mr-. ' Chi-lds to1d Councilmember.- Ranallo tk�at, to recover some testing,.,enginee.ring, legal , wa-ter purchase costs, and 10% of the� O & M cost's for the- nex't 30 to 50 years, he perceived the slow app,roach to litigation against the U;.S.-.Army had -been prudent. This way,-- with .the. EPA recovering the major costs -from the Army., the suit - would entail.nuch less- than the- multiples- of million dollars the City:was looking at only 90 days ago. November Proclaimed Epilepsy Month in St. Anthony Village Motion by Ranallo, seconded by Marks to authorize the proclamation which Douglas Hill of Columbia Heights had requested. Motion carried unanimously. Assessment Roll and- Notice of December 9th Hearing on St. Anthony. Boulevard Project Approved Cop.ies of the above hadteen provided in the agenda packetfor Council review to assure that all the homeowners' questions had been satisfactorily addressed before the December 9th hearing. . Mr. Ch-ilds indicated there were only two modes,t. devi.ations from what residents had been told at the initial hearing on the project. The Councilmembers proposed no further changes in, the documents. UNFINISHED BUSINESS Amended Personnel Policy Adopted Motion by Ranallo, seconded by Enrooth to accept the changes the city Attorney had made -before the third reading of .the document and adopt the Ordinance. which amends the City Personnel Policy- ORDINANCE 1986-007 AN ORDINANCE AMENDING SECTION 135 -- PERSONNEL POLICY. OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. AD-JOURNMENT Moti:on- by-En'roo.th, - seconded by- Makowske 'to adjourn the meeting �at 9:57 P.M., Motion carried unanimously. �-Respectfully submitted', Helen Crowe,. Secretary ATTEST: Mayor City Clerk CITY ' OF ST . ANTHONY COUN-CIL MINUTES NOVEMBER -25 , 1986 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Marks, Ranallo, Sundland, Enrooth, Makowske. Also present: David Childs, City Manager William Soth, City Attorney Steven Yurick, Arkell Development Project Manager Gary Tushie, Project Architect NOVEMBER 10 , 1986 COUNCIL MINUTES Motion by Marks, seconded by Ranallo to approve with the following changes: Page 5, para. 4: Insert "which" between "in" and "the" in line 1 . Page 7, para. 2: Correct typo "Council" in lines 2 and 3. LICENSES Motion by Marks, seconded by Ranallo to grant the following licenses as listed in the November 25, 1986 Council agenda packet: Heatina Loop Belden Porter, Inc. Contractors First General Services of St. Paul , Inc. , New Brighton, MN Motion carried unanimously. CLAIMS Motion by Ranallo, seconded by Marks to approve payment of the following claims as listed in the November 25, 1986 Council agenda packet: * verified claims for October 31 , and for November 25, 1986; * $1 ,691 .85 to Briggs & Morgan for legal consultation services through October 31 , 1986, in conjunction with the City's law suit against the U.S. Army et al related to St. Anthony' s water contamination problems; * $2,715. 10 to Rieke-Carroll-Muller Associates for preliminary plans for the proposed St. Anthony Boulevard Project east of the bridge to the City boundaries; * $26,951 .25 to Bituminous Roadways for services related to the St. Anthony Boulevard Reconstruction Project; * $28,155.75 to Hennepin County for the City's participation in the reconstruction i-imbursed with MSA funds) ; of County Road D (to be- -re * $1 ,825.00 to the Edward J. Hance law firm for prosecution services from October 2 through November 5, 1986. Motion carried unanimously. -2- The billing for annual dbes to the NatiQnal., League of Cities. had been deleted from the agenda listing and is to be paid in 1987. P,EPOR-FS NOVEMBER 18, i986 PLANNING COMMISSION MEETING. - COMMISSIONER JOHN MADDEN Request for Lot Splitfor John Hertog for .2521 St. Anchony koad and 3246 Edward Street Application: subdivision without platting which would allow transfer of 20 X 120 foot parcel from the rear of Mr. Hertog's residence on . St. Anthony Road to the 50 X 180 foot lot he owns at the Edward Street address. The result would be two lots, 14,400 and 11 ,400 square feet, both of which would be above minimum size. Proponent: Mr. Hertog who did not speak at the Council consideration. Opponents: none and staff reported no calls either for or against prior to the November 18th Commission hearing or Council November 25th meeting. Staff input: recommended approval because no variances would be required and the resultant lots would comply with the Zoning Ordinance; agreed that removing the existing small house on the Edward Street property would make that parcel more marketable. Commission re- Council approval . commendation: Council action: Motion by Marks, seconded by Makowske to grant the request from John L. Hertog, 2521 St. Anthony Road for subdivision without platting. This would allow the applicant to split a parcel 20 feet X 120 feet from the north side of Lots 5 and 6, Block 2, Clark and Kings Hennepin Gardens (2521 St. Anthony Road) to be attached to Lot 4, Block 2, Clark and Kings Gardens (3246 Edward Street) for the purpose of constructing a new single family home on the thus enlarged lot at 3246 Edward Street after removing the structure on said lot. In granting approval of the lot split, the Council finds, as did the Planning Commission, that: * the request appears to be in order; * no one appeared to speak against the lot split at either the November 18th Commission hearing or the Council 's consideration November 25th. Staff had reported receiving no calls for or against the proposal prior to either meeting; * by allowing the lot split, the City would be creating two lots, both of which .would meet minimum standards for lot sizes in St. Anthony. Motion carried unanimously. Final Plat Approval for Village Townhomes in St. Anthony Application: plat 6pprovaTfor remaining 23 units of the subdivision which are under construction. -3- Staff input: County- had approved and all unit foundations on which platting was determined, were in. Commission re- Council approval . commendation: Council action: Motion by Marks, seconded by Enrooth to approve the final plat for the remainder of the Village Townhomes in St. Anthony subject to final approval by the City Attorney. Motion carried unanimously. COUNCIL REPORTS Council Expresses City' s Appreciation of Commissioner Bowerman's Years of Service on the Commission Mayor Sundland said the Council shared the Commissioners' regrets about Commissioner Bowerman' s leaving the Planning Commission after twelve plus years of valuable service on that body. He indicated the City would be formally recognizing that service soon. The Mayor said in the letter of resignation he had received from Com- missioner Bowerman, the Commissioner had indicated he would be willing to serve through January if the City had failed to find his replacement by then. Councilmember Makowske asked Larry Jones and Carol Adelmann, newswriters for the Bulletin and the Northeaster, to write articles in their papers which would let residents know that the City was seeking applicants to fill a 3 year and a 1 year term on the Planning Commission in 1987. Councilmember Ranallo suggested staff should also contact persons who had applied to serve on the Commission in the past to see if they still had an interest in being considered for appointment. It was agreed that applications would be taken until 4:30 P.M. , Friday, December 20th, with Council interviews to be held the first week in January. Mayor to Serve on MMA Faculty Mayor Sundland indicted he had been asked to lead the discussions on natural dis- asters during the Minnesota Mayors' Association meeting to be held December 12th and 13th at the Ramada Hilton on Hudson Road. Other participants in the disaster preparedness symposium will be Lloyd Lund of the Minnesota Division of Emergency Services and Don Pauley, City Administrator and Jerry Linke, Mayor of MoundsView, who will be reporting on the man-made disaster their city experienced recently. Councilmember Enrooth Reports Possible Catastrophe in Middle Mississippi Watershed District Councilmember Makowske- thanked the Council.member -fo,r filling in for her at the November 19th Ramsey County League of Local Governments meeting where he spoke on the above subject. Councilmember Enrooth �said he perceived the watershed-district might have been looking for problems which didn't exist except for the disturbing prediction by the Minneapolis Engineer. The engineer seemed to think there might be a possibility of having the whole upper Mississippi region turned into an area similar to the Missouri River flood plain in the event the St. Anthony Falls went out. The Councilmember indicated the only way this could be avoided would be for the water- shed district to address runoff into the Mississippi and try to keep it as clean as possible. -4- Legislati've Policies Adopted, by Minnesota League of Cities Councilmember Ranallo reported some of the issues which the LMC had .voted to support in the next legi-slative sess-ion during their November 20th meeting., Included was the League's intent to oppose the sale of wine in grocery stores and the agreement which had been worked out with the various ."splinter" groups of cities to speak with one voice when it came to the League's position related to- property tax. reform. As an aside, the LMC Board member -said he had learned there were about 82 cities who owned nursing homes and hospitals whose revenues from those enter-. prises had been lessened to a greater extent than those who depend on liquor store returns. Councilmember Marks Reports on His Participation in Planning Institute Activities He had served as both registrar and moderator of the Government Training Service Planning Institute held in the Brainerd area, the Councilmember reported. Councilmember Marks indicated he would also be closely associated with the seminars to be conducted by the Service in Rochester and St. Paul the next two months. DEPARTMENT AND COMMITTEE REPORTS City Prosecutor Reports on Court Matters October 15th and November 5th Councilmember Enrooth said he was pleased to see several instances in the above where judges had stayed only a portion of the sentences and fines they had imposed. He also noted that in some cases the same judges had actually collected court costs as well . A short discussion of what is perceived to be a "crisis in litigation" preceded the Council 's direction that the Hance reports be filed as informational . Council Considers Fire Chief Entner's Proposals for Emergency Preparedness Copies of the updated Emergency Preparedness Plan had been submitted for any changes or corrections the Council or Mayor might suggest. Mr. Childs indicated there could be a disaster Preparedness exercise where the Plan would be tested. The following comments were made: Sundland - indicated his conversations with the Fire Chief had convinced him that staff had drawn on their own experiences with the 1984 tornado in setting up response programs for schools and -churches, and he told-Councilmember Makowske he was certain the omission of the Salyation Army Camp from the shelter sources listing had only been an oversight. Marks wanted alternatives designated for both key- responders and sites for assembling; suggested there should be more than one way of getting in touch with those key persons; questioned what the responsib.ilities of Councilmembers other than the Mayor and Mayor Pro Tem might be; thought alternative assembling points for them might also be helpful ; and noted that the Ramsey-County emergency preparedness people had been omitted from the key -persons listing. Ranal'lo -' said he wduld expect the person who got. in touch with the Councilmembery would tell them where -to assemble and what their responsibilities were. The general reaction was that outside of a fe w minor changes, the Plan had been very well prepared. -5- Couhci I Agrees�Cost Savi ngs Possi b I e wi th Joi nt Use of. Hazardous Materi al s Response Vehicle Chi,ef Entner's November 1.3th..memorandum and proposed joint powers agreement., for sharing the costs of- equipping, maintaining.' a'nd training personn'el. for the above were discussed. Cities involved would be Fridley, who own and have renovated the vehicle; Columbia Heights; Spring Lake Park; Coon Rapids; and-St. Anthony; Mr. Childs indicated he agreed with -the Fire Chief that it made sense to share the costs of having such' a vehicle available for emergencies rather than to have the. City undertake the expense of equipping such a vehicle and training a crew to operate it on its own. The Manager agreed to check out the response time between Fridley and St. Anthony. No action was required, but the Mayor and Councilmembers concurred that the proposal was a good one. CITY MANAGER REPORTS Ordinance Language Approved for Ordinance Change Hearing in January With a few minor changes, the Council approved the proposed ordinance amendments prepared by staff with Planning Commission input in their agenda packet. Ordin- ance 1986-008 would address parking problems in residential areas and the problems caused when a large number of unrelated individuals reside in a single residential unit. Staff input: will add language to restrict guest parking; recommended Council direct staff to schedule the required hearing on the ordinance amendments. Council action: Motion by Ranallo, seconded by Enrooth to direct staff to schedule necessary public hearing on proposed amendments to the Zoning Ordinance relating to parking and persons per unit restrictions. ORDINANCE 1986-008 AN ORDINANCE RELATING TO ZONING: AMENDING SECTION 300 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. NEW BUSINESS Petition for Mid-block Street Light at Silver Lake Court Applic-ation: seventeen persons on this street had signed the petition for additional lighting in their neighborhood. Staff -input: Mr. Childs November l4th memorandum advised a pole for the arclight exists between 2905 and 2909 Silver Lake Court;. recommended Council approval . Council action: Motion by Ranallo, seconded by Makowske to direct Northern States Power to install an arclight on the existing pole between 2905 and 2909 Silver Lake Court as requested by the residents on that street. Motion carried unanimously. -6- Selection of Engineer for Foss RoadLift -Station -Replacemen't Deferred In his November 12th memorandum, Public Works Director Hamer had suggested it -might be more .cost effective to retain -Short.-Elliott-Hendrickson, Inc. to update their 1979 evaluati-on of the above- pr6ject than to -have another fi-rm -do the- prel-iminary studies. Mr. - Hamer had.-also reported that the -engineer' s recommendation'. upon .which the City. ,had made adjustments in the ,lift station in 1979 had not corrected the problem With the curve, capacity or condition of the pumps, controls, dry wells, etc. Mr. Childs indicated staff knew the Council was not too happy with the past 'performance of the engineering firm, but the Public Works Director was more comfortable with having them do this job after talking to Mr. Christopherson who would be in charge of the project. The Manager said Mr. Hamer had also taken into consideration the fact that much of the pertinent background information had been developed by Short-Elliott-Hendrickson. Council Reaction Ranallo indicted he had never been happy with the engineering firm because of their "ineptness" on other City projects as well as the lift station; wondered what it would cost to have another engineering firm do the study. Enrooth said he wasn't certain the City should spend as much as $4,500 to $5,000 to have another firm do the study if the same information could be provided by Short-Elliott-Hendrickson for $2,500. Makowske said if Mr. Hamer was comfortable with having Mr. Christopherson take responsibility for the study, she had no problem with staying with that firm but would have no objections to seeking proposals from other engineering firms. Marks agreed that considering the problems the City had with the firm, it would not be inappropriate to at least check out other firms to see if the study couldn't be done without too much additional expense. Sundland agreed that having Mr. VanWormer take over the St. Anthony Boulevard reconstruction had certainly changed the aspects of that project for the better; indicated he would have no objections to soliciting other proposals since Mr. Childs had said waiting another month would not be a major problem. Mr. Chil-ds said in the interim he would research Happy Potato Chip's impact on the station as requested by Councilmember Enrooth. Council Action Motion by Ranallo, seconded by Makowske to table action on the Short-Elliott-Hend- rickson, Inc. proposal to develop a feasibility and cost study on the replacement of the Foss Road Lift Station and to direct staff to solicit proposals from other engin.eering firms to do the study. Motion carried unanimously. -7- $125,000 Equipment Certificates of -Indebtedness- App-roved -for New Road Grader and Squad Cars The -above was accepted as agenda addendum. Dan Hartman of Miller & Schroeder Financial Services.. Inc.., advi.sers on the proposed issue, distributed the following documents: * Debt Service Schedule for a three year issue at 4.25-5.00% interest; * listing of similar municipal bond issues in the Twin Cities and State of Minnesota for Council comparison with this issue; * chart illustrating the weekly rates for general obligation and revenue bonds in the same area and the prime interest rate for the past and current years; * bid forms and Letter of Disclaimer to be signed by City officials, if the issue is approved. Mr. Hartman pointed out that the market in terms of municipal securities was not in "bad shape at all ." The reason the financial adviser perceived for that was that the new tax laws had restricted the issuance of municipal securities to legitimate issuance and thereby drove the rates down. He advised the Council that by adopting the resolution Mr. Childs had proposed, the City would be receiving $123, 125.00 in proceeds from the Certificates which, with $1 ,200.00 in issuance costs deducted, would leave about $122,000 available to pay for the equipment. Mayor Sundland thanked Mr. Hartman for his efforts which had resulted in such a good interest quote on the issue. Councilmember Marks echoed that sentiment and as an aside told the financial adviser he had found a recent seminar Mr. Hartman had participted in with Senator Dale Bumpers and Congressman William Frenzel to be very interesting. Council Action Motion by Ranallo, seconded by Marks to adopt Resolution 86-037.. RESOLUTION 86-037 A RESOLUTION RELATING TO $125,000 EQUIPMENT CERTIFICATES OF INDEBTEDNESS; AUTHORIZING THE ISSUANCE THEREOF AND AWARDING THE SALE Motion carried unanimously. UNFINISHED BUSINESS Bids on Stonehouse Remodeling Project Rejected Issue: . City Council had directed staff to restructure the project with deletion of the basement from the -off-sale space and to rethink the on-sale remodeling with the goal of accomplishing the total on and off sale projects for approximately ,$500,000. Staff input:- ' advi-sed that, since the bids, for -the original project -had come- in too high to be economically feasib,le, the modifications of -that proposal would be too high to allow renegotiation with those bidders; recommended that as a courtesy to those contractors, staff be directed to formally reject the bids; suggested staff return with revised proposals for review at a later date. Council Action Motion by Marks, seconded by Enrooth to direct staff to inform the contractors who had bid on the original Stonehouse Remodeling project, October 28th, that the scope of the project had changed to the extent that the City was rejecting all bids at this time. Motion carried unanimously. Council Approves Amended Development Concept Plan Relating to Phases IIB and III of the Kenzie Terrace Redevelopment Project The Council had tabled action on the above at their November 10th meeting so they could see for themselves how the developers had constructed a similar project, the Conservatory Apartments in Minnetonka. Mr. Tushie gave a slide presentation of that building which had no brick on it at all and several other projects with similar characteristics where brick and wood siding had been combined. Councilmember Ranallo 'stated that after viewing the Conservatory, he had concluded the slides "didn't do justice to the - building, which is a very pretty building without the rustic setting it enjoys in Minnetonka." Mr. Childs reminded the Council that the developers would have to submit both a Detailed Plan as well as a Final Plan before a building permit would ever be issued for the project. Mr. Soth confirmed that any change exceeding 5% of the original proposal , which is submitted between those two plans, would require Council approval . He said the purpose of the Concept Development Plan is so the developers don't have to spend too much money without assurance that the City is going to proceed with the project. In his November 21st memorandum, Mr. Childs -had indicated the following amendments to what the City had already approved for the project were being sought that evening: 1 -. deletion of 30,000 square feet of commercial space; 2. change from 2 buildings of 150 units each of 5 to 8 stories to. two buildings with 150 units each of 4 stories each; 3. sloped rather than flat roofs; 4. ' different construction design -than approved in December., 1985; 5. provision of 300 parking spaces; and 6... return of the runoff retention pond as the project centerpiece. -9- Pl an6i ng Commission recommendation: Council approval . Council Action Motion by Marks, seconded by Ranal-lo to approve the PUD Development Concept Plan for Phases IIB and III of the Kenzie Terrace Redevelopment Project presented by the Arkell Development Corporation, November 10, 1986. Motion carried unanimously. ADJOURNMEN-T Motion by Enrooth, seconded by Ranallo to adjourn the meeting at 8:50 P.M. for the St. Anthony Housing and Redevelopment Authority meeting which immediately followed. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: City Clerk cjk CITY OF ST - ANTHONY_ HOUSING - AND, .R.EDEVELOPMENT AUTHORITY MINUTES NOVEMBER 25 , 1986 The meeting was called to -order at 8:51 P.M. by Chairman- Sundland. Present for roll call : Sundland, Vice .Chair Enrooth, Secretary/Treasurer- Marks, and Commisslioners Ranallo- and Makowske. Also present: David Childs, Executive Secretary William Soth,- H.R.A. Attorney Steven Yurick and -Gary .Tushie,- Project Manager and - Arc.hitect,, .Arkell . ,Deve-lopment Corporat-ion. .0 CTOBE�R 2.8 1-98-6 HO-US I-NG'.. AND REDEVELOPMENT AUTHORITY MINUTE'S Motion by Marks, seconded- by Ranallo to approve as. submitted. Motion carried unanimously. CLAIMS Motion by Ranallo, seconded by Makowske to approve payment of $51 .00 to the Dorsey & Whitney firm for the legal services rendered during- September, 1986. Motion carried unanimously. NEW BUSINESS H.R.A. Approves Agreement wi,th .Arkand Partnership Regardin2 Housing Revenue 'Bonds- For the Kenzie Terrace Redevelopment Project. Staff input: Mr. -Soth read -.the changes:,which,-he had -made-- in the draft- of , the Agreementi which met with :no -object.ions-. from the- H.R.A*, along with a proposed reso-lution- which author,ized thei: execution of that Agreement as fol-lows: * Letter of Credit in the amount required by the- contract; * the funds to- be paid out by the trustee December �l-st go in part to .Piper Jaffray, the i-ssuer and- the- remainder. goes to pay project: costs,:,thez-. devel-oper is -committed to; * the first payment from interest- accrued to the City would therefore be made. on January lst; * the' funds the City receives may be deposited, in investments of no more than 90 days; * the whole effect of the H.R.A. taking over the bonds would only, be upon written notice of the H.R;A. ; if the H-A.A. does take-.over the bonds, . the developers have requested -that the agency obta-in a release from the City. References to the- project as "Building 'C"' were clarified; -2- * the Attorney expla.ined -.that the Letter of Trustee he had drawn up authoOlzed the trustee- to pay out the money .to .the H.R.A. ; * it was confirmed for- Commissioner Makowske's benefit that ' the H.R.A. would be -incurrJng-no new responsibilities or financial obligations by receiving assignmentof the bonds. - H.R.A. Action Motion by Marks, seconded by Ranallo to a dopt H.R.A. Resolution 86-01 with the changes in wording proposed by the H.R.A. Attorney. H.R.A. RESOLUTION 86-01 RESOLUTION RELATING TO KENZIE TERRACE REDEVELOPMENT PROJECT; AUTHORIZING THE EXECUTION OF AN AGREEMENT RELATING THERETO Motion carried unanimously. ADJOURNMEN7 Motion by Ranallo, seconded by Enrooth to adjourn the St. Anthony Housing and 'Redevelopment Authority meeting at 9:00 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary cjk CITY OF ST. ANTHONY COUNCIL MINUTES December 9, 1986 The meeting was opened at -7,: 10 P.M. with the Pledge of Allegiance -16d by Mayor Sundland. Present for roll call: Marks ,; Ranallo, Sundland, Enrooth, Makowske� Also present: David Childs,. City Manager. NOVEMBER. 25 , � 1986 COUNCIL MINUTES Motion by Ranallo, seconded by Makowske to approve with the following change: Page 3 , para. 6: Substitute "Councilmember Enrooth" for "the Umember" in line 1. Counci Motion carried unanimously. CLAIMS O . Motion by Marks, seconded by Makowske to approve payment of all verified , claims listed for December 9th in the Council' s agenda packet of the same date. Motion carried unanimously. Motion by Makowske, seconded- by. Marks to approve payment of $25 ,108. 11 to the - Metropolitan - Waste Control Commission for sewer services provided in November,- 1986. Motion carried unanimously. Motion by Enrooth, -seconded by Marks to approve payments of- $520. 00 and $1, 174 . 79 to Short-Elliott-Hendrickson, Inc. for inspections of the St. Anthony Boulevard Reconstruction Project in September and October, 1986 . Motion carried unanimously. Motio.n by Ma-rks,. seconded by Sundland to approve payment 'of $1,890-33 to Bruce A. .Liesch Associates- as'-the City' s share.�of , the legal costs incurred, November 25:, 19 8 6. -in 'connection with- the_ lawsuit against the - the -wat,6r .dbntamination- problem-..-.: U.S. ' Army et.,,:al., related to, Motion carried unanimously. -2- REPORTS COUNCIL REPORTS Participants Discuss National League -of Cities Convention in San Antonio Sundland reported- that, 'in anticipation of the discussion-s he would �be leading on natural disa8ters, at the Minnesota -Mayor ' s Association. meeting December 12th, he had made a point of attending the seminars on emergency preparedness and natural disasters. realized after listening to the Mayor of Galveston talk about hur'ricanes that the experiences St. Anthony - faced with the 1984 tornado were not unique. He said the actions the City officials had taken must have been right because they weren' t that much different from those - taken 'by the Texas officials who have a back- ground of experience with hurricanes. indicated he- had also found the discussion of toxic spills very enlightening in view of the City' s own water contamination problems. . Makowske - agreed the conference had been extremely worthwhile . and A - good learning experience. - intends to report f urther on the meeting later on -,and - brought back pieces of information which might be help �c ful to various department heads. - said, however, she had been very disappointed to see how few delegates remained to vote- on the issue which the League would be promoting for legislation. The Councilmember said she questioned how meaningful ,Con- gress would find recommendations which came from so few participants. 'added. that she had been "very proud" ,of the Minnesota - delegation who had stayed untilithe end of the agenda. .. ,- -.Agreed with Councilmember Ranallo, that the Minnesotans had come well. prepared for ,the conference and to .work .o.n the agenda'. -3- Enrooth speculated- that- this had- bee,n one of the largest- con- ventions the League had ever undertaken. indicated San Antonio had gone out of its way to .be not only receptive but to entertain its visitors. said he ' found- the , 178 , 000 square feet of� convention space ac.ces sible to League members very impressive and saw no comparison .with what Minneapolis has. thoug�t the conference was well worth the time,, although perhaps a little too ambitious in terms of the number of seminars. There� were too many scheduled for the same time slots to allow him to take- in -all those he would have li-ked to. RCLLG Board' Makes Final Preparations for Holiday Banquet December 17th Councilmember Makowtke noted the December 8th Board meeting had been her last since she had requested, , not to be considered for reappointment to. that bodylin 1987 . ' She indicated, that just 'as he had been Uhable''to attend -the San Antonio -League con�ference, Senator Durenberger would-not be able to attend the- banquet, as planned. The Councilmember said' the Senator ' s involvement in the hearings .on the Iranian/Contra connectin had prevented him from leaving . , Washington, D.C. Resident Reaction:�to Proposed ordinance Changes_. From the calls he had gotten related to recent' newspaper articles about the changes the City is contemplating, Councilmember Ranallo said he had no doubts St. Anthony ,residents are reading the Bulletin - -and the Northeaster.. The Councilmember -said -there. were even reports of new- businesses- in homes which the City, had not �even been aware. of.. - He had gotteri -six , -or seven -calls- in favor of-. having the ordinance tightened- up - with-: respect ' to the number of vehicles which can be parked in front- of residential property., only one c'aller, a person who had been .:previously - .cited for parking on the grass, opposed .the . . . changes., and :­ih fact, ' another resident� said :s-he,. thought that. even four'* was too "many,.vehicles -to have parked�-.in front- of -a -home, 'One' :.Person had even proposed � the- City . .adopt- a 1'bea�itification ordinance" -which 'Would control.' how: yards. - would- be. - kept- up,--which,.. , Coancilmember'."Ranallo had advi,sed, -,would b6.,too -hard to .administer. :sai:d he expected,: the. , January 20th hearing .-on the would.-�be,. a: very, interesting- one- He.,:said. he- would -like to - ... -4- see further -publicizing of the:. ,�hearing before it is held so the - . . .Council would have the benefit of receiving all. the pro' s and con' s.. about the issues involved before- taking final 'action . on the :ordinance' ' amendments. Mayor Sundla* nd -said ' he . had also 'gotten 'several calls about the changes, with most of the callers indicating- they were in favor of limiting the number .of unrelated-., pqrsons who live in.- a single family unit.. ' Three persons had 1 .called the ' Mayor " about the Council-Is , proposal to restrict the number of vehicles. parked in front of residential property. One person thought four vehicles were too many. Another said restricting the parking to that ..extent would impose a hardship .on. her family of' six, all of. whomdrive cars. The Mayor said another call he had received had been. from a woman who said she had considered buying one of the Hertog or Johnson lots but had decided to live it another suburb because of the number of "junk cars" and "trashy front yards" she had observed while driving around the community. Commissioner Marks Re2orts Further on Planning Institute Seminars The Councilmembe, r reported he had served as 'the moderator of the panel discussion at the Rochester.. seminar, December 5th. When he. was at Bay Lake near Brainerd, someone approadhed him And said "Oh, you' re' from St.. Anthony which has that great band! " Computer Use Studied �by Councilmember - Councilmember Marks then reported he: was in the process of attending a conference ' on computer - app-lication -for cities being -held in St.. Cloud and had been particularly impressed with the way various police . departments use computer delivered crime statistics. . DEPARTMENT AND COMMITTEE REPORTS .. The following were ordered ,filed after ,brief.-consideration: City Prosecutor' s report on matters conducted' at the Hennepin County Court., November 19 , 1986 October Financial Report *.:November� Liquor Operations Sales. Summary�.. In reference ' to 'the' '' latte'r.' -CoUncilmember R,�inailo observed that -Ehe , November sales at the new Apache off-sale operation had surpassed , those f or the. SAV #lwarehouse. -5- CITY MANAGER REPORTS Consultants Authorized to Proceed with - Litigation -Against Twin Cities. Army Ammunition Plant A Council work - session with the Briggs and Morgan law firm, the attorneys who ar.e. handling St. Anthony' s law suit,- was .held November 18th and' resulted in the following -.action which, ,would not be officially taken at -a work session. Council Action motion by Marks, seconded by Ranallo to authorize Briggs and Morgan to attempt to : include St. Anthony in the joint class action suit. against the U.S. Army et al and. Bruce. A. Lie'sch Associates.. to. prepare documentation to trace. the plume from New Brighton. to St. Anthony and- to. generate the expert testimony and information required : to. proceed with the litigation. -Motion carried unanimously. MPCA Board to Act on Carbon Filtration System for City Wells December 16th Councilmembers had been provided copies of the D ece mber 5th letter from, the MPCA which indicated the above. The 'letter -informed -the City that -the MPCA Board would be requested -to -place -St. Anthony . , . .on the' state' s Superfund� priority list .-to match $1 ; 100.,000 in federal Superfunds 'with $110 ,000 of. , state dollars * to be -, used for the construction of a carbon filtration system the EPA . would - be installing on. City wells. The City would be- required to pick- up 10% of the operation and maintenance - costs for the first ten years, and . 100% -of the operation and maintenance costs thereafter. Mr. Childs said. he and the attorneys planned to attend- this meeting and, if it. was determined that - the Council presence would also- be . - helpful, he would notify them in - time for them to arrange to be there. Council Adopts' Second Certificate of Indebtedness Resolution .. Copies of the..second . resolution. the financial consultant .had: advised -at. ,the' last -meeting would be: required,-were accepted as - an .addendum-.to �': the agenda. %Mr. -Childs sai&.:the City� Attorney. :-had prepared. the:-,document. He: also -pay-for- the new-road..-grader . had :Already. .indicated the ,certificates -to: been - sold at . :"excellent". -, maturity -rates of .4.25%� f or the f irst maturity, - 4 .-5%- f or �the­: second -and third, and,. .5% , f or., the final maturities of- the issue. -6- Council Action Moti-on. by-' Matks -l- seconded by- Ranallo 'to . adopt *Resolutioll 86-041 . RESOLUTION 86-041 A RESOLUTION RELATING -TO $125 , 000 GENERAL OBLIGATION CERTIFICATES OF- INDEBTEDNESS; FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR Motion carried unanimously. NEW BUSINESS RESOLUTION ADOPTED ,TO SPLIT ASSESSMENTS ON. ST. ANTHONY NURSING HOME CHANDLER PLACE PROPERTIES Mr. Childs advised that Ramsey County requires a resolution to split special assessments. Council Action Motion by Enrooth, seconded by Makowske to adopt Resolution 86-039. RESOLUTION: 96-039 A. RESOLUTION RELATING TO THE APPORTIONMENT OF SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS . Motion carried unanimously. MANAGER INDICATES . ENGINEERING PROPOSALS BEING. SOUGHT FOR. LIFT STATION Staff is working with a second engineering firm to. develop 'their proposal which should be completed by the.- Council' s first meeting in January, -Mr. Childs told Councilmember Enrooth. -. BONNIWELL RETAINED 'FOR THE 1986 CITY AUDIT Staff Inp ut advised .that this year' s quote was higher due to the dramatic increase in liability insurance being faced by CPA firms.. pointed out .that-the 1985 cost of approximately . $.9.11985 'was about -$500, less. ,than..the �Ilnot: to" exceedif quote- from Mr.' 'Bonniwell.... .: , -7- assured the , Council., that, if audit- costs run: less than -$11 , 200 , the City.would be billed for.- t-he ... lesser. amount. recommended City engage Mr. Bonniwell for a fee. not to .exceed that amount., agreed with Councilmember Ranallo that-1 - although Mr .- �Bonniwell "s quote "certainly appeared to be-in line with .other firms ' charges" ,, the City : should_, at�. - look at bids from other CPA' s next. year.. least . Council Motion -by Ranallo, seconded by .Makowske -to engage action Stuart, A. ,Bonniwell, CPA, to do the 1986� City and liquor -audits for ' a fee not to exceed $11,200 . Motion carried unanimously, . COUNCIL AUTHORIZES EXECUTION OF EMPLOYMENT AGREEMENT WITH MR. CHILDS. Motion by Ranallo,� seconded by Marks to adopt the, resolution which -, retains and employs David M. Childs as City Manager. RESOLUTION 8.6-040 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYMENT AGREEMENT BETWEEN DAVID M. CHILDS AND THE CITY OF ST. ANTHONY Motion carried unanimously. COUNCIL' S DECEMBER 23rd MEETING CANCELLED -,Motion by ,Marks, seconded by Ranallo .to. cancel the Council' s December, . 23rd meeting because of -- its proximity to Christmas Day. Staff it, also directed -to schedule another -meeting before the end of , the year '. if matters � ar-ise. which require Council' action:.before. January 13th. .. Motion carried unanimously. INTERVIEWS. .SCHEDULED FOR JANUARY. 5 , 19.87 Mr. Childs . will notify:-, .the Councilmembers about the time.: , .the above work session, - is to ..begin- based. on the number of--.� applicants to be interviewed. PUBLIC' HEARING � AsSESSMENTS ADOPTED FORST. ANTHONY BOULEVARD RECONSTRUCTION PROJECT Mayor Sundland opened the hearing at 8 : 01 P.M. by reading ,al-oud the � notice of the 'hearing- which had been published in -the Bulletin and mailed to - all. affected* property owners of record-.-.-.:-.Each of.. these was.- Also sent -an individual notice. . advising the'. assessment . amount and. . giving the options for paying those amounts� Hearing to consider and adopt the assessment roll for the re- purpose, - construction of the roadway between Stinson Boulevard and Silver Lake Road. The project included new curb and gutters , bituminous. roadbed and associated sewer con- struction. Total $309 , 827. 00 project cost Assessed $30 , 169 . 65 amount Assess- $10 . 50 per front foot as required by the CityAssessment ment rate Policy Excepted' 7 corner properties �with short sides on St. Anthony lots Boulevard, including #2615 which initially had- errone- ously been included for assessment. Four of, the affected :, .property -owners were present- and reiterated questions and concerns which had previously-.been explored during the. . March 25th and April 8th preliminary hearings on the project, as follows.: - Brunis Smoka, ' 2513 St. Anthony Boulevard: requested' his assessment be restated; thought - a "beautiful, well supervised job -had been done, which had increased the value of the homes on the Boulevard-1 but, :questioned why the City was: now detracting :from that valueby . allowing trucks. Charles F. . Kauseli 2525 St.` Anthony Boulevard: .-.; . requested an interpretation. of� paragraph 3, in .-the -notice he had.. gotten. *, Specifically, he wanted-.to know whether the -9- City' s Assessmient.-_P61icy should require -Boulevard, property ... owners to. pay, f or the ..-improvements -because St.'--Anthony had- 'gotten the street.-under. an "easement grant" from the - - Minneapolis Park Board; contended- the- purpose of the -easement grant had been to provide access and egress to 35W;. sald the grant. was "from tree, to tree" and stipulated, that the- "City of, St. Anthony had to maintain all the distance between" ; said' he thought -a "different situation" existed for St. Anthony Boulevard residents who have no driveways and . -.now suffer an increase in traffic, which "could cause some 'of the homes to have lost some- of their value".; " indicated he, believed it was because the home owners had - fought to keep the road 32 feet wide that "we now have a beautiful, well done Boulevard" ; - recalled that the first residents" on that street had planted all the trees in the boulevards. Muriel Bochnak,- 2600- St. Anthony Boulevard: , . . - registered a- complaint about the "corner houses not being assessed. " - wanted, to know when the assessment-� policy which stipula ted this treatment had been- passed; wanted to know when the side -streets, - particularly- the :storm -sewers,,: would, be -reconstructed, saying she 'under- stood this, would e-liminate some of the- flooding. problems on the Boulevard; questioned -whether taxpayers would have to pay for, "trees- which will probably­not make it through the winter after- the contractor dug too close to them.-" ; reported -her flagstone sidewalk had to be replaced after - mistakenly being torn up ,by the , contractor; - .' '. "- told�-about a.,,workman who ,urinated- right in, front of her front window; was :.concerned-.-that-.her dinner guests the next- week-,might be -.,tagged,jor �parking- in front of- ,her home.. _10- Joseph J. Brinkman, 2529 St. Anthony Boulevard: - was also concerned about the number of trucks using the street now that it ' s opened; - wanted to know why the City didn' t post the streets against truck traffic. These comments prompted the following responses from the City Manager and Councilmembers: Childs - indicated the Assessment Policy had been adopted that spring before the hearings were held on the project; - said under the Policy, all abutting property owners, whether or not they live on MSA streets, have to pay the costs of a 5 ton residential street; - gave the theory on which the Policy is based as being that homeownes derive direct benefit from the first eight feet of roadway and the middle section, which is used by the general public, should be paid for from general taxation; - pointed out that if Silver Lake Road, another MSA road, ever had to be redone, the abutting property owners would also have to pay $10. 50 per front foot based on the current cost of constructing a-. 5 ton residential street; - added that, , if construction costs are higher, the rates paid by those property owners would also rise; - pointed out that the City' s policy of only assessing 10% of an MSA street to the abutting property owners was much more generous than other suburbs .where the same owners might have to pay up to half of the costs of reconstructing an MSA street; -. assured Ms. Bochnak that the contractor would have to replace any trees he had injured and others would be replaced from the City' s stock of trees, not charged to the property owners; . - . told the Councilmembers that the contractor had to cover the costs of replacing the flagstone in front of the Bochnak property. Sundland told Mr. Kausel "all streets are considered to be ea-sements : and have to be maintained by the City, which is you and me. " said most of the- trees in- the.'..Village boulevards had been, there .by the- homeowners ; '. requested the City. Attorney review the documents Mr. Kausel has in relation to the City' s acquisition of the Boulevard to determine- their relevance , to the City Assessment Policy; . " ..said, based on their refusal. to pay for. .any of the- costs of maintaining the road- in front .of the Gross Golf . Coub, he had -doubts about -the- Park- Board' s. ever taking St.- Anthony strong Boulevard back -just because the. City wasn' t maintaining it; informed- Ms. Bochnak that. .no proposals to reconstruct either Wilson or. Roosevelt Streets were on the Council' s .agenda at this time, but said he was afraid that would probably have to be done, 11sooner than we would like with current economic condi- �tions. " reminded the property owners that this project had been completed in less than two months as compared to County Road D, which the County had taken over two years to complete. Ranallo told ' Mr . Kausel the City would hAve -to- amend its assessment . ., policy ordinance -before it could make an . exception. for . St. Anthony .Boulevard assessments; drew a parallel between Mr-., Kausel' s having to pay , for a street which is pr,imarily .used -for general traffic. .and the , property owners on his street being assessed for a new storm. sewer the City reconstructed a few years ago close to St. Anthony Boulevard, saying his neighbors -.were hard pressed to see the benefit of that improvement to their own � properties ; xeiterated .:that future projects like this .one might be assessed at rates higher or lower than the St. Anthony -Boulevard homeowners had to pay;. �_. pointed. out 'that, St.-..,Char le�s..Church hs to pay. 1.0 0 of the -not. only St. Anthony� Boulevard, but'... :costs...of reconstructing . -also: Stinson -Boulevard-because its .-property -is assessed-, .-on a commercial. basis.. .. -12- Makowske told Mr . Kausel property owners on Highway 8 were not allowed to have driveways with the exception of those whose properties were 11grandfathered in" with the Zoning Ordinance. She said those abutting property owners had also been required to pay for any improvements to their streets. Enrooth - explained to Ms. Bochnak that she would probably be assessed at a rate lower than her neighbors on corner lots who were not assessed this time because construction costs would most likely be higher by the time the other streets were rebuilt; - recalled that the engineers had been cautioned against coming too close to the boulevard trees so the contractors would be responsible for repairing any damage; - perceived that because the contractor had been so con- scientious about other aspects of the project, he would probably have been glad to be told about the urinating incident. The Council also responded to questions from the property owners present relating to the no parking signs placed on the Boulevard as provided by MSA guidelines. Council Action Motion by Ranallo, seconded by Marks to adopt Resolution 86-038 . RESOLUTION 86-038 A RESOLUTION ADOPTING SPECIAL ASSESSMENTS RELATING TO THE IMPROVEMENT OF ST. ANTHONY BOULEVARD BETWEEN STINSON BOULEVARD- AND SILVER LAKE ROAD Motion carried unanimously. RECESS The Mayor called a short recess at 8: 45 P.M. and reconvened the meeting at 8 : 52 P.M. when the agenda was resumed for consideration of matters remaining under NEW BUSINESS. Action Deferred on optical Scan Voting Equipment Purchase Proposal — that, the City purchase four voting units. and participate in the county-wide implementation- of new technology proposed by Hennepi-n County to- provide more reliable and secure methods of voting and tabulating future elections. -13- Staff input Finance - suggested how- the machine purchases could be handled. Director City - described the scanning features of the machines ; Manager - said St. Anthony would be one of the only municipal- . ities outside the system in Hennepin County if the - Council decided against it; - added, however, that if they were not comfortable with making a decision that evening, he perceives no major problem with waiting until the January meeting. Council Response Enrooth - didn' t want to be "pressured" into spending $25 ,000 for equipment he knew so little about. Makowske - agreed she would like to know whether the voters in the test cities , especially the senior citizens, had problems which would require an education program before the equipment is utilized; - also wanted a better understanding of how the confi- dentiality of the vote was preserved with the scanning system. Council Action Motion by Ranallo, seconded by Marks to table the purchase of the optical Scan Voting Equipment until questions related to its usage in other cities had been provided. The Council directs the City Manager to call a special Council meeting at the end of December if action at that time is considered imperative. Motion carried unanimously. Engineer Presents Preliminary Traffic Study on Kenzie Terrace Glen Van " Wormer of the Short-Elliott-Hendrickson, Inc. engineering firm discussed the above study his firm had been requested -to do prior to the City undertaking- a beautification program in that area. He reported the study had indicated no "life threatening" but rather a lot of little "nuisance conflicts" in the existing road and median configuration. J -14- Surveys of the road systems in that area showed the following: . • traffic volumes on Highway 8 had only increased about 800 cars. a day between 1962 and 1984 when the road became Highway 88 . • even traffic increases on connectinq freeways were not expected to cause much damage in these numbers . • traffic counts -on the Lowry/Kenzie Terrace connection with Stinson Boulevard had been pretty stable, actually decreasing from 10 ,000 cars a day in 1976 to 8 , 000 in 1984. • Kenzie Terrace is a commercial street with the highest traffic count in the late afternoon. • most of the traffic is local to the businesses in the area and not through traffic like Silver Lake Road and Stinson. • because the traffic is spread out so evenly over the day, the engineer said Kenzie Terrace had a capacity for carrying up to 15 ,000 cars a day without widening the roadway. • the addition of 300 housing units would not change these projections . • average speeds of 33 m.p.h. were not fast enough to warrant Hennepin County paying for a traffic light in front of the Kenzington. Based on what these studies told him and his own close observance of traffic patterns in the area, Mr. Van Worme presented the pro' s and con' s of a number of alternatives he thought St. Anthony should pursue before any beautification program is begun. The engineer' s final recommendations were: * to retain the medians which are good methods of channelizing traffic. * try to get the business owners to realign their driveways with the medians. * -let .the -developers 'of the medical building.- know in advance just how the City wants the - traffic on their property circu- lated. Mr. Childs' reaction: perceived � the City .had one of the most cooperative group of property owners to work with. -15- can said.,'staff would invitd , them .all in. :to talk about �what in the area. be -done 'to eliminate .-the t-raff ic conf licts indicated that, although the County. would allow the. City to install the:- pedestrian crossing -light in front -of. the Kenzinqton, it -wbuld beup to the City to -pay .between $70 ,000 and $80 , 000 for the light. agreed with Councilmembet ,Enrooth .that� clearly- marking the . points of egress and access would be essential to 'provid.l'ng safe traffic patterns. In reference to the architect' s suggestions for plantings . in the area, the engineer indicated they would be fine on the side of the road but experience had shown would be a hindrance to drivers in .the medians. Lack of Landscaping at A2ache Cited .Several Councilmembers . expressed the opinion that having traffic .and parking patterns more clearly delineated with plantings might have made driving around that shopping complex a lot easier.- Mr. Childs said one problem there was that the driving habits had already been established for 20, years before the revamping program Mr. Van Wormer ' s firm' undertook was attempted. ADJOURNMENT Motion by Ranallo, seconded by Enrooth to adjourn the meeting, at 10 : 32 P.M. Motion carried .unanimously. Respectfully submitted, Helen Crowe, Secretary Mayor . . ATTEST: City Clerk