Loading...
HomeMy WebLinkAboutPL PACKET 08181992 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIIIIIII 100457 Box: 15 Folder: PL PACKETS 1992 Document: PL PACKET 08181992 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA August 18, 1992 7:30 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL III. MINUTES. A. JULY 21, 1992 PLANNING COMMISSION MEETING. IV. PUBLIC HEARINGS. A. 7:35 P.M. -- COMPREHENSIVE LAND USE PLAN AMENDMENT FOR KENZIE TERRACE MORATORIUM AREA. V. MISCELLANEOUS. , A. APACHE PLAZA REDEVELOPMENT PLAN. B. PARKING ORDINANCE. VI. STAFF UPDATE. VII. COMMISSIONERS' COMMENTS. VIII. ADJOURNMENT. CITY OF ST. ANTHONY 3 PLANNING COMMISSION MEETING 4 5 JULY 21 , 1992 6 7 8 1 . CALL TO ORDER 9 10 Chairperson Faust called the Planning Commission Meeting to 11 order at 7 : 30 p.m. 12 13 2 . ROLL CALL 14 15 Commissioners Present: Thompson, Franzese, Murphy, Werenicz 16 and Faust 17 18 Commissioners Absent : Gondorchin and Madden 19 20 Staff Present : City Manager Burt and Management Assistant 21 Urbia 22 23 3 . APPROVAL OF MINUTES OF THE JUNE 16 , 1992 PLANNING COMMISSION 24 MEETING 25 26 Motion by Murphy, second by Franzese to approve the minutes of the June 16, 1992 Planning Commission Meeting with the following corrections: 29 30 page 2 , line 15/16 : Insert before " land" on line 15 the 31 following "higest and best" followed by the word "use" on line 32 16 . 33 page 3 , line 12: The sentence should read as follows, "He also 34 suggested a development should be considered that ( strike "of 35 a structure which" ) would bridge the gap between single family 36 and commercial property ( strike "multiple family dwellings" ) . 37 page 3 , line 17 : Replace the word "structures" with the words 38 " land use" 39 page 10 , line 7 : Correct "Anoco" with "Amoco" 40 41 Motion carried unanimously 42 43 4 . PUBLIC HEARINGS 44 45 There were no public hearings . 46 47 5. MISCELLANEOUS 48 49 A. Concept Review - Land Use for South End Development 50 51 Chairperson Faust noted that at the last Planning Commission 40 meeting staff was requested to find responses to six questions posed by members of the Planning Commission. The answers to 54 the six questions were included in the, agenda material . 1 PLANNING COMMISSION • 2 JULY 21 , 1992 3 PAGE 2 4 5 Staff response to the highest and best use for monetary 6 considerations were light industrial and for aesthetics , open 7 space. 8 9 The property appraisals have not been received. It was noted 10 in the staff response that appraisals would not relate to 11 determining the appropriate use of the property. They can be 12 used by staff in negotiating a price for the two current 13 structures and land. 14 15 The size of the two newly created lots is as follows ; Lot #1 , 16 closest to Unocal is 10 , 000 square feet (approximately 100 ' by 17 100 ' ) . Lot #2 , closest to existing homes is 13 , 125 square feet 18 (approximately 75 ' by 125 ' ) and (approximately 50 ' by 150 ' x 19 2 ) . 20 21 Under current Minnesota property tax laws and depending on 22 valuation, commercial and light industrial would realize more 23 tax revenue than single family residential . 24 25 In response to a Planning Commission member ' s inquiry 26 regarding the Council ' s preference for zoning of these two 27 parcels , staff replied this is not_ known . The rationale is • 28 that the City Council would prefer not to bias the Planning 29 Commission' s recommendation. 30 31 The consultant from BRW selected the R-1 zone based on the 32 input from members of the South End Task Force. 33 34 The Chairperson felt, the responses were quite clear and 35 inquired if any Commission members had further questions or 36 comments . There were none. 37 38 The City Manager stated that the phrase "most appropriate use" 39 is preferable to the phrase "highest and best use. " A planning 40 and zoning concept applicable to that use of land which will 41 promote the greatest good for the greatest number and is in 42 the best interests of the community as a whole is the 43 definition given as the "most appropriate use. " 44 45 He felt the South End Task Force has supplied very good input 46 and had well rounded representation which reflected various 47 segments of the community; business people, residents from 48 throughout the City and interested parties . 49 50 The City Council will consider the extension of the Tax 51 Increment District at it ' s August 28th meeting. 52 •53 Using Plan D, the City Manager reviewed various aspects of the 54 development . A roadway is being considered for the present PLANNING COMMISSION JULY 21 , 1992 3 PAGE 3 4 5 6 location of the Good Luck Cafe. There will be considerable 7 buffering in the area and Kenzie Terrace will be used as a 8 transition buffer . 9 10 Regarding acquisition of the two restaurant properties, the 11 City Manager stated he has met with the real estate broker for 12 the Rosie ' s location. The owner is living out of the country 13 and has given the broker authority to represent_ him. He 14 appears very anxious to sell the property and finalize the 15 negotiations . The City Manager has not met with the owners of 16 the Good Luck Cafe at this point in time . 17 18 Because of some newspaper articles , which indicated these two 19 lots may be considered for residential development , the City 20 Manager noted he has received calls from parties interested in 21 purchasing the parcels . Some people have also expressed an 22 interest in purchasing the equipment in the two businesses . 23 24 The City Manager felt the two parcels may possibly cost two 25 hundred and fifty thousand dollars . 26 Land use recommendations is what is being sought from the Planning Commission regarding the area development . 29 30 The concept must be in accord with the Comprehensive Plan 31 also. This is a new requirement of the Metropolitan Council . 32 33 The City Manager noted there will clearly be costs associated 34 with the Good Luck Cafe purchase as the owners are considering 35 relocating, possibly in St . Anthony. They have been approached 36 by the owners of the St . Anthony Shopping Center. 37 38 Residents in the area have stated that some of their concerns 39 focus on the blighted appearance of the area and the potential 40 impact any development may have on their property values . They 41 appeared to approve of the berming being recommended adjacent 42 to the Bona service station. 43 44 Commissioner Murphy inquired if any consideration had been 45 given to drainage problems which may result from the berming. 46 The City Manager stated there will be a small impact . The 47 plans include changing the grade, relocating the sewer and 48 installation of storm sewer . This will be very expensive as 49 will the redesigning of the roadway and the landscaping 50 design. All of the landscaping and design work will assist in 51 creating a residential appearance . 46 Commissioner Werenicz felt a considerable amount of berming 54 would be necessary to maintain a residential appearance. 1 PLANNING COMMISSION • 2 JULY 21 , 1992 3 PAGE 4 4 5 6 The City Manager concurred with this opinion in light of the 7 bar across the street , considerable noise in the area and the 8 heavy traffic. He stated that a developer will be required to 9 put in a three to four foot berm with mature trees on top of 10 it . Site lines will be kept in mind as well and the berm must 11 be ' out of the right-of-way. 12 13 Chairperson Faust inquired who would own the berm. The City 14 Manager advised this will be the property of the county but 15 traditionally, it would be maintained by the property owners . 16 17 Chairperson Faust acknowledged the berm at the Equinox 18 Apartments is very effective for screening but its maintenance 19 and grass cutting lacks something. 20 21 The City Manager felt if the lot size of the Bona service 22 station were increased much of the problems would be 23 eliminated. The City could give some land to this owner which 24 would accommodate more parking space as well as a berm which 25 would surround the entire business . 26 27 Chairperson Faust felt parking was always a problem at this • 28 service station.- He recommended that the berm be high enough 29 and steep enough to deter parking, walking or driving on 27th 30 Avenue in that area. 31 32 The City Manager is hopeful if the City gives this land to Mr. 33 Bona there will be no parking either on 27th Avenue nor on 34 Coolidge Street . Future owners of this site are also a 35 concern. 36 37 He advised that a Phase I environmental assessment has been 38 done on the Rosie' s Restaurant and Good Luck Cafe sites . He 39 felt if this were to be done on the Bona property it could be 40 very expensive. 41 42 Commissioner Murphy inquired if any thought had been given to 43 making these parcels available for building of rental 44 property, perhaps duplexes . He felt this type of building 45 would maximize the tax dollars which could be realized from 46 the development . 47 48 The City Manager felt the City Council was not really looking 49 at higher property tax returns as much as having a development 50 which would be compatible with the area. He noted that there 51 is already rental property located on Pahl Avenue and some of 52 the neighbors to this house feel threatened . • 53 54 PLANNING COMMISSION JULY 21 , 1992 3 PAGE 5 4 5 6 Commissioner Murphy agreed that it would not really be a 7 desirable place to locate a multiple dwelling rental building. 8 Chairperson Faust felt the degradation of the area would be 9 added to if anything but R-1 is approved . 10 11 The City Manager has noticed a trend in St . Anthony whereby 12 properties with small houses are purchased. The houses are 13 removed and larger homes are being built on the parcels . 14 15 Commissioner Werenicz inquired if the Council had ever 16 contemplated paying the costs of clearing lots for this 17 venture. The City Manager felt this may be a possiblity. 18 19 He noted that there is a market in the City for one story 20 townhomes . Presently there is a developer who has expressed 21 interest in the gas station property on 33rd Avenue and 22 Stinson Boulevard for this type of housing. The City Manager 23 stated that this parcel is going through a Phase II clean up. 24 25 Commissioner Franzese inquired if developers and individuals 6 are both looking for building sites in the City. The City Manager responded that both are looking but lots in the City are at a premium. He will be recommending that the H.R.A. 29 consider look at purchasing lots, cleaning them up and selling 30 them for construction. 31 32 Chairperson Faust felt the Planning Commission may be at cross 33 purposes if it recommends these parcels for multiple family or 34 commercial usage. Commissioner Murphy observed that if the 35 strategies is to develop residential housing then the zoning 36 on the lots makes sense to be residential . 37 38 Commissioner Werenicz inquired if staff had pursued further 39 information regarding commercial development on these lots . 40 The City Manager responded staff had pursued the placement of 41 a medical complex or building in the area. He has been advised 42 this market is flat and there are a large number of risks in 43 commercial property as there is presently a high vacancy rate. 44 He had also explored other commercial uses such as a fast food 45 restaurant or a video store. He felt these both would have a 46 negative impact on the nearby residential property. 47 48 Commissioner Thompson commended the City Manager for all of 49 his efforts on behalf of developing this area commercially. 50 51 Commissioner Werenicz noted that since this development may di realize no profit for the City, perhaps open space or a park should be considered. 54 1 PLANNING COMMISSION • 2 JULY 21 , 1992 3 PAGE 6 4 5 6 Chairperson Faust noted he would be apprehensive to have this 7 as open space as other problems may materialize such as 8 loitering or drinking. He feels it should be used for 9 residential purposes . 10 11 The City Manager advised that locations for holding ponds are 12 still needed and this area could be considered. He felt this 13 may be very costly for the City but one is needed in the area. 14 15 Commissioner Werenicz again stated his concern with the 16 proposed berming in that he is not sure it will be effective 17 nor successful . The City Manager suggested that fencing could 18 be added to the berming although it would require maintenance. 19 20 Chairperson Faust stated he does not view a berm as a barrier 21 but rather an abatement of sound and site lines . 22 23 Motion by Murphy, second by Franzese that the Planning 24 Commission recommend to the City Council that under Concept D 25 the most appropriate land use of the two lots in question 26 would be single family residential development , R-1.. 27 28 It was noted that BRW had recommended R=1 zoning after 29 consulting with the South End Task Force. This zoning met the 30 criteria outlined which were the "highest and best use" ; "most 31 appropriate use" ; "most probable use" ; and, "most profitable 32 use. " Members of the Planning Commission added three more 33 criteria. They are as follows ; "eliminate blighted, area" ; 34 "promote the desirability and the upkeep of the surrounding -35 area" ; and, "minimize traffic intrusion . " 36 37 Motion carried unanimously 38 39 40 The City Manager advised that at the August Planning 41 Commission meeting, Commission members will be requested to 42 discuss their opinions regarding extension of the Tax 43 Increment District to include a portion of Apache Plaza or the 44 creation of a new district . At the August meeting there will 45 also be a public hearing for the Conference of Plan Change. 46 The zoning changes will be on the agenda for the September 47 Planning Commission meeting. 48 49 There was some discussion regarding agenda items for the joint 50 meeting of the City Council and the Planning Commission. 51 52 B. Review of Proposed Sian Ordinance Changes - Draft #2 , May • 53 27 , 1992 Including Business Community Input 54 PLANNING COMMISSION JULY 21 , 1992 3 PAGE 7 4 5 6 On May 27 , 1992 Dave Urbia, Management Assistant , forwarded to 7 the City Attorney questions of the Planning Commission 8 regarding Draft #1 of the sign ordinance . Urbia noted that no 9 written responses have been received from the City Attorney at 10 this point in 'time. There were, however, some verbal responses 11 received which Urbia passed on to the Planning Commission. 12 13 The City Attorney recommended that the City not take the 14 responsibility of removing signs which have dangerous or 15 hazardous waste in them nor spend any funds on removal which 16 may not be recoverable. 17 18 He suggested that deposit requirements not be considered as 19 they could become an administrative nightmare for signs which 20 remain in place over an extended period of time. 21 22 The Planning Commission received copies of a memo sent to 23 local businesses and civic organizations by. Urbia requesting 24 their opinions on the proposed sign ordinance changes . 25 26 Chairperson Faust suggested that the Planning Commission it review the ordinance and make comments as it is being reviewed. 29 30 Commissioner Murphy noticed the absence of any comments 31 regarding garage sale signs . The City Manager advised that 32 these are seldom on the right-of-way but rather are on 33 property owners lawns . Those which are posted in the right-of- 34 way are already addressed in the ordinance. 35 36 Commissioner Murphy inquired if there was a formula which 37 governed the square .footage for signs . He was advised this was 38 defined based on some consistencies which already exist in 39 other cities. 40 41 Chairperson Faust noted that signs drive businesses , 42 businesses drive signs . Community standards are somewhat more 43 stringent in St .Anthony than in other communities . 44 45 Commissioner Murphy observed that the ordinance does not 46 address aesthetics . Urbia mentioned he had hoped there would 47 be more input from other cities regarding aesthetics . 48 49 Commissioner Werenicz noted he has never heard of a business 50 being kept from locating in St . Anthony because of the 51 requirements of the City ' s sign ordinance. 40 Discussion continued regarding the discussion of the 54 subcommittee for signage needs between a strip mall and a 1 PLANNING COMMISSION • 2 JULY 21 , 1992 3 PAGE 8 4 5 shopping center . Very careful consideration was given to the 6 needs of shopping centers and strip malls already in the City. 7 Various definitions of each were discussed as were the 8 allowable square footages . 9 10 Regarding signs attached to a vehicle the Planning Commission 11 felt this should be clarified as to intent such as for 12 purposes of advertising. Members of the Planning Commission 13 also suggested that the period of time should be changed from 14 forty-eight hours to seventy-two hours so it would be in 15 compliance with the proposed parking ordinance. 16 17 The City Manager stated that the parking ordinance may nor may 18 not become a reality. 19 20 It was recommended that residential real estate signs be 21 addressed rather than real estate signs in subdivision 12 . 22 23 In Section 1400 . 12 , subdivision 1 , which addresses residential 24 signage, the Planning Commission made the following 25 recommendations : 26 27 - (1 ) One identification sign per dwelling unit should be a 28 monument sign. 29 30 ( 2 ) One freestanding sign identifying a multiple dwelling 31 complex should be reviewed by staff with their recommendation 32 for clarification to be brought back to the Planning 33 Commission. 34 35 ( 3) Each church sign reference should be clarified to address 36 directional signs . 37 38 The period of thirty days for enforcement should be clarified 39 as to what the date for compliance is . 40 41 42 C. Review Proposed Planning Commission ByLaws - Draft #1 , 43 May 11 , 1992 44 45 Chairperson Faust and Commissioner Franzese attended an 46 Advanced Planning Seminar . At the seminar bylaws were 47 mentioned as were conflicts of interest . It was suggested that 48 a section be included in the bylaws which addressed conflicts 49 of interest during the recodification . 50 51 Some information received from the Advanced Planning Seminar 52 was copied for the commissioners and included in the agenda 53 packet . This information .was titled "Section 305 - Planning 54 Commission . " PLANNING COMMISSION JULY 21 , 1992 3 PAGE 9 4 5 6 Chairperson Faust suggested that staff could use some of the 7 appropriate information included in the material from the 8 seminar and incorporate it into the bylaws . 9 10 The draft of the proposed Planning Commission bylaws was 11 reviewed page by page. Some of the recommended changes are as 12 follows : 13 A. Chairperson 14 15 1 . Add at the end of the first sentence "or designated by the 16 Chairperson. " 17 18 2 . No changes recommended. 19 20 3 . Delete from this section the phrase "and shall also elect 21 a recording secretary who need not be an appointed member" 22 23 4 . ( 2 ) Add after "Call " , "alter or change" 24 25 Add ( 5) Coordinate and review agenda with the staff prior to the meeting Add ( 6) Sponsor new members . 29 30 B. Vice Chairperson - No changes recommended 31 32 C. Recording Secretary 33 34 Delete all six items as recommended. Add "Appointed by the 35 City Manager and need not be a member of the Planning 36 Commission . Attends all of the Planning Commission meetings 37 and shall have duties as specified by the City Manager. " 38 39 ( 5) through ( 9) No changes recommended. 40 41 ( 10 ) This item appears to be in conflict with item ( 20 ) . 42 43 ( 11 ) and ( 12 ) No changes recommended. 44 45 Delete ( 13 ) . 46 47 ( 14 ) Designation of Voting Order . Delete "Voting to be by" and 48 Add "A" before "verbal vote. " 49 50 Items ( 15) , ( 16) and ( 17 ) remain as stated with no change.s . 51 Item ( 18 ) shall read "No member may serve more than two ( 2 ) full consecutive years as chairperson. " 54 1 PLANNING COMMISSION 2 JULY 21 , 1992 3 PAGE 10 4 5 6 Item ( 20 ) appears to be in conflict with item ( 10 ) . 7 8 The Chairperson stated that Commissioner Madden had contacted 9 him regarding the Planning Commission bylaws and was of the 10 opinion that they were not needed. 11 12 6 . STAFF UPDATE 13 14 The City Manager advised that soil tests are presently being 15 conducted on the Rosie' s Restaurant and the Good Luck Cafe 16 properties . 17 18 He also advised the Minneapolis Park Board has begun a lawsuit 19 against the Metropolitan Transit Commission. The matter of 20 contention is the bus route which runs on a parkway in the 21 City. 22 23 7 . COMMISSIONER' S COMMENTS 24 25 The City Council and the Planning Commission is scheduled to 26 hold a joint meeting on August 18th at 6 : 00 p.m. The Mayor has 27 commented he would like the Planning Commission to be more 28 pro-active. 29 30 8 . ADJOURNMENT 31 32 Motion by Franzese, second by Murphy to adjourn the Planning 33 Commission meeting at 10 : 35 p.m. 34 35 Motion carried unanimously 36 37 38 39 Respectfully submitted, 40 41 42 43 Jo-Anne Student , Planning Commission Recording Secretary 44 45 46 47 48 49 50 51 52 53 54 STAFF REPORT DATE: August 6, 1992 TO: Thomas D. Burt, City Manager FROM: David Mark Urbia, Management Assistant ITEM: Comprehensive Land Use Plan Amendment for Kenzie Terrace Moratorium Area. BACKGROUND I have included an explanation of the comprehensive land use plan amendment and the form submitted to the Metropolitan Council for review. In addition, I have included a flow chart that graphically displays the review process they follow. The Metropolitan Council had a ten day initial review of the proposed amendment and found no issues that would require further review. RECOMMENDATION Recommend to the City Council to amend the City of St. Anthony Comprehensive.Land Use Plan in the area north of the proposed new intersection at Kenzie Terrace from commercial to single family residential (currently the 2905 Kenzie Terrace area, 2700 Coolidge Street, and a portion of 2715 Coolidge Street). CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING 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 at 7:35 P.M., or as soon thereafter as possible, on August 18, 1992, in the Council Chambers of the City Hall, 3301 Silver Road (enter northeast corner) for the following purpose: APPLICANT: City of St. Anthony GENERAL LOCATION: Kenzie Terrace Moratorium Area PROPOSAL: Amend the City of St. Anthony Comprehensive Land Use Plan in the area north of the proposed new intersection at Kenzie Terrace from commercial to single family residential (currently the 2905 Kenzie Terrace area, 2700 Coolidge Street, and a portion of 2715 Coolidge Street). . Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Publish: Bulletin, August 5, 1992 MEMORANDUM DATE: July 30, 1992 TO: Metropolitan Council FROM: City of St. Anthony ITEM: Kenzie Terrace Comprehensive Land Use Plan Amendment The proposed amendment is described as,follows: 1. Acquire Commercial Properties West of Kenzie Terrace: 2700 Coolidge Street N.E. and 2906*Kenzie Terrace N.E.. 2. Reconfigure 27th Avenue N.E. and Coolidge Street N.E. which would create a new intersection at Kenzie Terrace. 3. Develop parcel north of the new intersection at,Kenzie Terrace as.two single family lots. 4. Amend the City of St. Anthony Comprehensive Land Use Plan in the area north of the new intersection at Kenzie Terrace from commercial to single family residential, including a portion-of 2715 Coolidge Street to reflect the current use. I have included minutes and reports from the South End Task Force, Planning Commission, and City Council. The South End Task Force was a City Council appointed committee of St. Anthony residents from all areas of the City. The South End Task Force was tasked with providing input to the Planning Commission and City Council on development issues along Kenzie Terrace. The proposed comprehensive plan land use amendment is a result of that input and approval of the concept by both the Planning Commission and City Council. METROPOLITAN COUNCIL PLAN REVIEW PROCESS MINOR Plan Amendment MAJOR Plan Amendment 10-DAY Initial Review 10-DAY Initial Review Return for No Issues;Waive Inadequate Further Review Information Issues but No Finding of Metropolitan Metropolitan System Impact System Impact 60-DAY Review 90-DAY Review MCDC MCDC MC Comments to Local MC Units of Government -----.--. I\FOR-NL-%TION SUB.NIISSION FOR \II\OR CONIPREHENSIVE PL.A:N .k'%1E.ND.NfE\TS This summary worksheet must be filled out and submitted to the Metropolitan Council a copy of each proposed minor comprehensive plan amendment. Minor amendments include, but are not limited to: 1. Changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changes in metropolitan service demand. 2. Changes (land trades or additions) in the urban service area involving less than 40 acres. 3. Minor changes to plan goals and policies that do not change the overall thrust of the comprehensive plan. Please be as specific as possible; attach additional explanatory materials if necessary. If a staff report was prepared for the Planning Commission or City Council, please attach it as well. Communities submitting regular plan amendments may wish to enter this form or a reasonable facsimile into their word processing menu for ease in preparation of the form. Send plan amendments to: Lynda Voge, Referrals Coordinator Metropolitan Council, Mears Park Centre 230 E. Fifth St. , St. Paul, MN 55101-1634 I. GENERAL INFORMATION A. Sponsoring governmental unit City of St. Anthony Name of local contact person contact person Thomas D. Burt I m 3301 Silver Lake Road, St. Anthony, MN 55418 Telephone (b12) 789-8891— Name of Preparer (if different rom contact person) Day i d M. Ur b i a Date of Preparation 7/30/92 B. Name of Amendment Kenzie Terrace Redevelopment Description/summary Acquisition of two blighted commercial use public improvement, including road realignment., amend comprehensive land use plan to residential .- rezone to -1, divide- city-owned property into two developable lots, sell to interested party/parties. Use of tax increment financing to pay for expenses. C. Please attach the following: 1. Five copies of the proposed amendment. 2. A city-wide map showing the location of the proposed change. 3. The current plan map(s), indicating area(s) affected by amendment. 4. The proposed plan map(s), indicating area(s) affected by amendment. i D. «fat is the official local.status of the proposed amendment? (Check one or more as appropriate.) X__. Acted upon by planning commission (if applicable) on duly 21 , 1992 concept review approved, public hearing on August 18, 1992 _ Approved by governing body, contingent upon Metropolitan Council review, _ Considered, but not approved by governing body on X Other City Council will consider on September 8, 1992, contingent upon metropolitan Council review. E. Indicate what adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) affected by the change have been sent copies of the ?lark amendment, if any, and the date(s) copies were sent to them. HenPtepin County and I .S.D. #282 have been notified with 30 days to respond regarding is use of ax increment money to pay for a-ssociatea expenses. II. LAND USE A. Describe the following, as appropriate: 1. -Size of affected area in acres 2. Existing land use(s)Commerci al 3. Proposed land use(s)Residential - 4. Number and type of residential dwelling units involved Currently none, will add two single family residences 5. Proposed density low density 6. Proposed square footagul commercial, industrial or public buildings III. 1TETROPOLITAN DEVELOPOMENT GUIDE A. Population, Household and Employment Forecasts Will the proposed amendment affect the city's population, household or employment forecasts for 2000, or any additional local staging contained in the original plan? X No/Not Applicable Yes. Describe effect. ii B. Changes to Urban Service Area Boundary Will the proposed amendment require a change to the boundary of the community's urban service area? X No/LNot applicable. _ Yes. Under I. C., a map should be attached to show the proposed change. C. Changes to Timing and Staging of Urban Service Area Will the proposed amendment require a change to the timing and staging of development within the urban service area? X No/Not Applicable. _Yes. Under I. C., a map should be attached to show the proposed change. D. Wastewater Treatment 1. Wi11 the proposed amendment result in a change in the projected sewer flows for the community? X No/Not Applicable. _Yes. Indicate the expected change. Total Year 20002010 flow for community based on existing plan million gallons/day Total 20002010 flow for community based on plan amendment million gallons/day 2. If your community discharges to more than one metropolitan interceptor, indicate which interceptor will be affected by the amendment. N./A 3. Will flows be diverted from one interceptor service area to another? X No/Not applicable. _Yes. Indicate the change and volumes (mgd.) involved. iii E. Transportation 1. Will the proposed amendment result in an increase in trip generation for the affected area? X No/Not applicable. Yes. Describe effect. 2. Does the proposed amendment contain any changes to the functional classification of roadways? X No. _-Yes. Describe which roadways. F. Aviation Will the proposed amendment affect the function of a metropolitan airport or the compatibility of land toes with aircraft noise? X No/Not applicable. Yes. Describe effect. G. Recreation Open Space Will the proposed amendment have an impact on existing or future federal, state or regional recreational facilities? x No/Not Applicable. Yes. Describe effect. H. Housing Will the proposed amendment affect the community's ability or intent to achieve the long-term goals for low- and moderate-income and modest-cost housing opportunities contained in the existing plan? X No/Not Applicable. Yes. Describe effect. iv I. Water Resources 1. Does the plan amendment affect a Minnesota Department of Natural Resources or U.S. Army Corps of Engineers protected wetland? If yes, describe type of wetland affected and show location on a map. _ Yes. �L. No. 2. Will the wetland be protected? N/A _ Yes. Describe how. — No. Describe why not. 3. Will the plan amendment result in runoff which affects the quality of any surface water body? If yes, identify which ones. _ Yes. X No. 4. Will the water body be protected? N/A —Yes. Describe how. —No. Explain why not. IV. IMPLEMENTATION PROGRAM A. Official Controls 1. Will the proposed amendment require a change to zoning, subdivision, on= site sewer ordinances or other official controls? _ No/Not Applicable. X Yes. Describe effect. "C" tn single family residential "R-1". k RECREATION,_!: i ,.OPEMS_PACE f f ' i, °.' 'i'4.ivirgn ..rrain[�,Ira,-I:ir► .,+ t '. - PUD (COMMERCIAL RETAIL) }.. •'' ,.... f• j ,. ,..d 1 {'{ ....I rate .. ..T � S�`+-'�=1 FAMILY f`I F,NT).R%L 5' -FAM . . BESI NTI/(4•. - _,tm ea. ��'u'✓ '��. ,yf-.__,� ���qq UL RES w.,., TWO-FAMILY Td � �ESIDENTIAL fj SINGLE^FAMILY ' RESIDENTIA L SINGLE-FAMILY Q RESIDENTIAL (P o* ;_MID-DENSITY :R �A WL - ' r " •' ff .MULTI FAINTLY Ep �, RESIDENTIALiy :SINGLE-FAMILY.-:.:_..,._ SINGLE-FAMILY 1 RE , .. RESIDENTIAL. r . __I :...., ... ... ., r + , INDUSTRIAL ' ,. ± is ? ., ,� /S�GLE=FAIiAILY J r.... .:.r. .._ r RESIDENTIAL O,i+ q DENSITY; �. .�,:rr I_ RESIDENTIAL.' - l COM C1A RETAIL AN `' c (TY r=-- TIAL Land Use Plan I c¢r rcta+cr RECREATION -` OPEN SPACE SINGLE FAMILY ''';t INDUSTRIAL rte, ETWO FAMILY PARKS c '16M�wut'wµ j e2: TOWNHOUSES PUBLIC I rNMAPARTMENTS SEMI-PUBLIC Lam vt 0 "5 _ E meters MOBILE HOMESUTILITIES LM rMMRETAIL UNDEVELOPED ,>;.'. ®SERVICE/OFFICE ? figure STAFF REPORT DATE: August 11, 1992 TO: Planning Commission FROM: Thomas D. Burt, City Manager SUBJECT: REQUEST OPINION ON APACHE/CUB FOODS T.I.F. BACKGROUND: As part of the Tax Increment Financing process State Statute Section 469.027 requires the redevelopment plan to be submitted to the planning commission for its opinion. A copy of the proposed site plan will be available at the time of the meeting for the planning commissions review and comments. STAFF REPORT DATE: August 7, 1992 TO: Thomas D. Burt, City Manager FROM: David Mark Urbia, Management Assistant ITEM: CITY COUNCIL REQUEST FOR FURTHER INPUT ON PROPOSED PARKING ORDINANCE BACKGROUND The City Council formed an Ad hoc Committee on the proposed parking ordinance in order to develop more consensus in the community as to the appropriate means to address this issue. There are six members on the committee, three from each point of view. A representative from the Office of Dispute Resolution was brought in to facilitate the consensus building process. The results of this process are included with this staff report in the form of a memorandum from the City Manager to the City Council. The City Council, after reviewing the report on the status of the Ad hoc Committee, referred this matter to the Planning Commission for further review and input. RECOMMENDATION Upon further discussion, provide further input as to a possible means the City Council could address the issue at hand. STAFF REPORT DATE: July 22, 1992 TO: Mayor & Councilmembers FROM: Thomas D. Burt, City Manager SUBJECT: Status of the Ad hoc Committee on Parking Ordinance There was a clear consensus of the committee that members are pleased and proud of their community and would like to preserve it. The committee also agreed that they would like to see their neighborhoods clean and a standard developed defining a minimum level. There was agreement that the City was visually in good condition (image) and there are only a few residents who do not have the same sense of community and do not maintain their property at a residential norm. The committee had the following ideas as possible ways to accomplish the issue of image and neighborhood aesthetics versus the proposed parking ordinance. - Property Maintenance Code: The City is working on a housing maintenance code that establishes a minimum standard for housing and yard maintenance. Members felt this could be expanded to include all property maintenance. A suggestion was made to add a provision that would say 'Any property located within the confwes of the property lines must be kept in a neat and orderly mariner." Staff will work with the City Attorney to look into this idea to define such a statement. This would be similar to the City's nuisance ordinance. - Require Permits: A suggestion was made to require all properties with commercial, recreational vehicles, recreational and utility trailers. or watercraft to get a permit from the city. This could possibly require the neighbor to discuss the location of such vehicles and how it would be screened, the length of time it would be parked there, the method of how it would be stored (ie. tarp, etc.) and establish a minimum level of maintenance. The committee had concern on the dollar amount of a permit and suggest the permit be at no cost or a minimal charge to cover administrative costs ($5.00). The permit would be an agreement of how the property would be stored and maintained. When application is made, they would be given information on frequent problems with suggestions on how to prevent them (ie. screening, off site seasonal storage, etc.) Applicants requesting a permit could not be turned down unless they have not lived up to their agreement. Vehicles used as a condition of employment, ie. Minnegasco, etc., would be exempt from the permit process. - Beautification Committee: This would be a committee appointed by the City Council to handle complaints between neighbors and resident complaints on the appearance of another's property. Members of this committee would meet with the property owners to discuss ways to resolve the issue. If the committee could not reach some form of agreement, then the services of a professional mediator would be used (Dispute Resolution). - City Mediation: The committee suggested a variation of the beautification committee by having the City staff make initial contact in neighbor complaints. Staff would meet with neighbors to discuss issues identified and try to resolve the conflict. If unable to do so, or if it is a legal issue, the services of Dispute Resolution would be used. The committee agreed that to be a good neighbor there will always need to be a level of tolerance between neighbors, due to the diverse population of the City. The committee has agreed to forward all four ideas to the City Council with the idea that any one or a combination of the suggestions could be used. CITY OF ST. ANTHONY REGULAR COUNCIL MEETING 4 5 JULY 14 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. by Mayor Ranallo 11 who led the Pledge of Allegiance. 12 13 14 2 . ROLL .CALL 15 16 Council Present : Mayor Ranallo, Councilmembers Enrooth, 17 Fleming, and Wagner. 18 19 Mayor Ranallo explained that Councilmember Marks will be 20 coming to the Council Meeting later as he is hosting some of 21 the visitors from Salo, Finland. Salo is St . Anthony' s Sister 22 City. 23 24 Staff Present : City Manager Burt and City Attorney Soth 25 26 0 3. APPROVAL OF AGENDA FOR JULY 13, 1992 COUNCIL MEETING 29 30 The City Manager requested that item D under New Business be 31 removed. This item . is Resolution No. 92-034 which addresses 32 the agreement with Washington County concerning the Macalaster 33 Apartments rehabilitation. He explained that Ramsey County has 34 not yet received funding from HUD. 35 36 Motion by Wagner, second by Enrooth to approve the agenda for 37 the July 13, 1992 Council Meeting with the requested 38 modification. 39 40 Motion carried unanimously 41 42 43 4 . APPROVAL OF JUNE 23 , 1992 COUNCIL MEETING MINUTES 44 45 Motion by Fleming, second by Wagner to approve the minutes of 46 the June 23, 1992 Council 'Meeting with the following 47 correction: 48 49 page 8 , lines 11/12 : insert between "but" and "people" the 50 word "not" and delete at the end of the sentence the words 51 "are needed. " 2 Motion carried unanimously I REGULAR COUNCIL MEETING 2 JULY 14 , 1992 • 3 PAGE 2 4 5 6 7 5 . LICENSES/PERMITS/PETITIONS 8 9 Heatina Licenses 10 11 Motion by Wagner, second by Fleming to approve the heating 12 license renewal application for Blaine Heating A/C & 13 Electrical Inc. of Blaine, Mn. 14 15 Motion carried unanimously 16 17 Motion by Wagner, second by Fleming to approve the heating 18 license renewal application for Mechanical Inc. of Fridley, 19 Mn. 2.0 21 Motion carried unanimously 22 23 Motion by Wagner, second by Fleming to approve the heating 24 license renewal application for St . Marie Sheet Metal , *Inc. of 25 Spring Lake Park, Mn. 26 27 Motion carried unanimously 28 • 29 30 Temporary 3 . 2 Beer & Wine Permits 31 32 Motion by Enrooth, second by Fleming to approve the temporary 33 3 . 2 beer and wine permit for Kristine L. Gordon fora class 34 reunion on August 1 , 1992 at Central Park. 35 36 Motion carried unanimously 37 38 Motion by Enrooth, second by Fleming to approve the temporary 39 3. 2 beer and wine permit for St . Charles Borromeo Church Steak 40 Fry and Dance on September 18, 1992 from 6: 00 p.m. until 11 :30 41 p.m. 42 43 Motion carried unanimously 44 45 46 6. PRESENTATION OF CLAIMS 47 48 A. Dorsey & Whitney Law Firm 49 50 Motion by Wagner, second by Enrooth to approve payment in the 51 amount of $1 , 770 . 80 to Dorsey & Whitney law firm for 52 professional services rendered through June 23, 1992 . 53 •54 Motion carried unanimously 1 REGULAR COUNCIL MEETING .40 JULY 14 , 1992 PAGE 3 4 5 6 B. Hance & LeVahn Law Firm 7 8 Motion by Wagner, second by .Fleming to approve payment in the 9 amount of $2, 400 . 00 to Hance & LeVahn law firm for legal 10 services rendered for the month of June, 1992 , -relative to St . 11 Anthony prosecutions. 12 13 Motion carried unanimously 14 15 C. Hance & LeVahn Law Firm 16 17 Motion by Wagner, second by Fleming to approve payment in the 18 amount of $2 , 400 . 00 to Hance & LeVahn law firm for legal 19 services rendered for the month of July, 1992, relative to St . 20 Anthony prosecutions . 21 22 Motion carried unanimously 23 24 D. Verified Claims 25 26 Motion by Enrooth, second by Fleming to .approve the five pages of verified claims as submitted by the Finance Director. 29 Motion carried unanimously 30 31 32 6. REPORTS 33 34 A. Planning Commission - June 16, 1992 Minutes 35 36 These minutes were for informational purposes only. No Council 37 action was needed and there was no one present from the 38 Planning Commission to present a report . 39 40 B. Council Reports 41 42 Report of Councilmember Wagner 43 44 Councilmember Wagner had nothing to report at this time. 45 46 Report of Councilmember Fleming 47 48 Councilmember Fleming advised she would be circulating a 49 sign-up sheet among Councilmembers to select hours they 50 would be willing to volunteer in the Village Fest booth. 51 52 She noted that the final meeting of the Village Fest Commitee. is scheduled for July -20th at 7 : 15 p.m. in the Community Center. 1 REGULAR COUNCIL MEETING 2 JULY 14 , 1992 • 3 PAGE 4 4 5 6 Report of Councilmember Enrooth 7 8 Councilmember Enrooth commented that the picnic hosted by 9 the St . Anthony Chamber of Commerce for the visitors from 10 Salo, Finland was a very nice event . It was attended by 11 all members of the City Council . 12 13 He noted that the City was presented with many momentos 14 from Salo. Among them was a framed picture of a 15 government building which he thought was either the Salo 16 City Hall or the Parliament Building. Forty people serve 17 on the Salo City Council . 18 19 Report of Mayor Ranallo 20 21 Mayor Ranallo stated that Councilmember Marks has done an 22 excellent job of hosting the Salo visitors and making 23 them feel welcome. All members of the Council commended 24 Councilmember Marks for his fine work and gracious 25 hospitality. 26 27 The Mayor met with the Jerry Faust , Chairperson of the • 28 Planning Commission, to discuss an agenda for the upcoming 29 joint meeting of the City Council and the Planning 30 Commission. 31 32 The joint meeting with the Planning Commission is 33 scheduled for 6 : 00 p.m. on August 18th and the joint 34 meeting with the School Board is scheduled for August 35 25th at 6: 00 p.m. 36 37 The City Manager will provide the public meeting notices 38 for each of these meetings . 39 40 C. Purchase of Cable Television Franchise 41 42 Mayor Ranallo stated that members of the Cable Commission 43 have been meeting with representatives of Meredith/New 44 Heritage. This firm has indicated an interest in 45 purchasing the cable franchise which serves the City from 46 Cable TV North Central . 47 48 Tom Creighton, cable legal counsel , has reviewed all of 49 the documents for transfer of the ownership. He has 50 advised that the only action necessary by the City 51 Council is to adopt a resolution approving the transfer. 52 53 Mr. Creighton also has advised that these documents need • 54 not be reviewed by the City Attorney of each city served 1 REGULAR COUNCIL MEETING JULY 14 , 1992 PAGE 5 4 5 6 by Cable TV North Central . City Attorney Soth concurred 7 with this opinion, but he is reviewing the resolution for 8 Council consideration. He stated that the resolution will 9 be on the agenda for the next regular Council Meeting. 10 11 D. Report of the City Manager 12 13 1 . Issuance of. Debt 14 15 Noting that the present rates of interest are relatively 16 low, the City Manager suggested the Council may want to 17 consider borrowing funds to complete some projects which 18 have been under consideration. He felt the current rates 19 are from six percent to six and one half percent . 20 21 The Pavement Management Study is completed. The City 22 Manager cited this as one example of projects which could 23 be considered. 24 25 He has contacted the City' s financial advisor, Bob 26 Thistle of Springsted, Inc. to discuss this matter. His findings will be included on the agenda of the first Council Meeting in August . 29 30 2 . Central Avenue Parade 31 32 The City Manager advised this parade conflicts with a 33 scheduled meeting of the City Council . He suggested that 34 he could adjust the meeting starting time if members of 35 the Council so chose. 36 37 After some discussion, it was decided to leave the 38 meeting as scheduled and members of the Council would not 39 ride in the .parade. 40 41 3. Silver Lake Water Quality 42 43 Council-member. Enrooth has noticed that the water in 44 Silver Lake has a" brownish" appearance and feels the 45 runoff from the Wexford Heights development has severely 46 impacted the water quality. 47 48 The City Manager noted he has commented on the negative 49 impact the Wexford Heights development has had on the 50 lake as well as on the ponds on the Salvation Army Camp 51 property. He feels the. developer has a very poor track 2 record on controlling the silt which comes from the area and on keeping the fences maintained. 4 I REGULAR COUNCIL MEETING 2 JULY 14 , 1992 • 3 PAGE 6 4 5 6 The natural flow from Wexford Heights goes onto the Camp 7 property and into its ponds . The ponds have acted as 8 filters for the water which runs off of the Wedxford 9 Heights property. As the water goes through these ponds 10 the clarity becomes better but there are still 11 undesirable elements being dumped into the lake from the 12 development . 13 14 Dave Childs , New Brighton City Manager, advised Burt that 15 he had contacted the Pollution Control Agency regarding 16 the runoff from the Wexford Heights development . He also 17 contacted the Rice Creek Watershed District and the 18 developer with his concerns for the water quality in 19 Silver Lake. 20 21 Burt stated that the developer has been advised he must 22 install a storm sewer system and have river rock put down 23 before any more construction continues . 24 25 The City Manager feels the developer should be 26 responsible for cleaning up the ponds on the Salvation 27 Army Camp as well . He will be working with the Rice Creek 28 Watershed District on this issue. 29 30 The engineering study done by BRW Engineering is 31 completed. It addressed effects on ponds and an outflow 32 study is still being proposed. 33 34 An engineer from the Rice Creek Watershed District has 35 stated that Silver Lake will no longer be "studied" by 36 his agency, but rather it will be looking for places to 37 improve water quality. It was his opinion that the ditch 38 system is undersized. Charges for the work -being done on 39 Silver Lake by the Watershed District will not be passed 40 onto St . Anthony. 41 42 Doug Jones , who owns- a home on Silver Lake, distributed 43 copies of a letter he sent to the Rice Creek Watershed 44 District . His letter addressed the concerns of lake home 45 property owners regarding the lake' s water quality. 46 47 Mr . Jones requested the Council continue to pursue the 48 Rice Creek Watershed District to follow through on its 49 concerns and actions regarding Silver 'Lake. 50 51 The City Manager advised that he receives calls from 52 owners of lake front property when the water level is 53 high. Closing of the boat landing is the usual request . • 54 The boat landing is closed by Columbia Heights . He noted 1 REGULAR COUNCIL MEETING JULY 14 , 1992 PAGE 7 4 5 6 that the Columbia Heights Engineer is presently drafting 7 an ordinance which would address requirements for closing 8 of the boat landing. With this ordinance in place the 9 closing would be done automatically when the water levels 10 are high without the need for residents ' calls . The 11 requirements would be posted at the boat landing. 12 13 14 8 . PUBLIC HEARINGS 15 16 A. Autumn Woods Partners Limited Refunding Revenue Bonds 17 (Resolution No. 92-033) 18 19 The Public Hearing was opened at 7 : 55 p.m. 20 21 The purpose for conducting a public hearing is the proposal 22 that the City issue refunding revenue bonds in order to refund 23 the City' s Housing and Redevelopment Revenue Bonds (St . 24 Anthony LaNel Project ) which were issued by the City to 25 finance the acquisition and construction by St . Anthony LaNel 26 of Autumn Woods . Autumn Woods, a multi-family rental housing development , owned by the Partnership and containing 201 housing units , is located at 2600 Kenzie Terrace. 30 In connection with the issuance of the bonds, ownership of 31 Autumn Woods will be transferred by the Partnership to Autumn 32 Woods Partners Limited Partnership. 33 34 The City Attorney advised that with this refinancing there 35 will be more equity money put into the project by the 36 developers and the new partners . Two million, five hundred 37 thousand dollars will be put into the project and the interest 38 rate will be reduced. He also advised that this refunding has 39 no risk to the City nor does the City bear any liability. 40 41 Councilmember Marks arrived at the meeting at 7 : 57 p.m 42 43 The Public Hearing was closed at 7 : 59 p.m. 44 45 Motion by Wagner, second by Enrooth to adopt Resolution No. 46 92-033 which i.s a resolution authorizing issuance and sale of 47 Housing Redevelopment Refunding Revenue Bonds (Autumn Woods 48 Project ) , Series 1992 , and authorizing the execution of 49 necessary documents . 50 51 Motion carried unanimously 52 1 REGULAR COUNCIL MEETING 2 JULY 14 , 1992 3 PAGE 8 4 5 6 Report of Councilmember Marks 7 8 Mayor Ranallo again thanked Councilmember Marks for all of his 9 work on behalf of the visitors from' Salo, Finland. He observed 10 that Councilmember Marks had spent time with the visitors for 11 nearly their entire visit . 12 13 Councilmember Marks acknowledged many of the other people who 14 had welcomed the visitors and hosted them at special events . 15 He mentioned the members of the Sister City Committee, the 16 City Councilmembers , the City Manager, City staff and members 17 of the School Board. 18 19 20 9. NEW BUSINESS 21 22 A. Resolution No. 92-032 ; Re: Set Public Hearing Date for 23 Apache Tax Increment Financing 24 25 The Mayor advised that he and members of the Council and of 26 the City staff have been meeting with representatives of the 27 Apache Corporation and Super Valu. One of the purposes of • 28 these meetings is to attempt . to set up a Tax Increment 29 District in the area where a CUB store is being considered for 30 location. 31 32 Mayor Ranallo stated his preference to schedule this public 33 hearing for a date when a regular Council Meeting is 34 scheduled. 35 36 Motion by Marks , second by Wagner to adopt Resolution No. 92- 37 032 being a resolution calling for a public hearing on- a 38 redevelopment plan and tax increment financing plan. 39 40 The date for the public hearing is Tuesday, August 25, 1992 at 41 7 : 30 p.m. 42 43 Motion carried unanimously 44 45 46 B. Ordinance No. 1992-006 , Re: Recycling (First Reading) 47 48 This ordinance mandates that all persons who owns or occupies 49 property within the City for business , commercial or 50 residential purposes contract for collection services for 51 mixed municipal solid waste with a hauler who is licensed to 52 do business in the City of St . Anthony. 5.3 •54 Mayor Ranallo advised that some unusual situations have REGULAR COUNCIL MEETING JULY 14 , 1992 PAGE 9 4 5 6 developed whereby some residents are "pooling" their rubbish 7 so this ordinance contains exemptions which will address this . 8 9 Motion by Enrooth, second by Marks to approve the first 10 reading of Ordinance No. 1992-006 which is. an ordinance ll requiring mixed municipal solid waste collection from all 12 residential and commercial properties within the boundaries of 13 the City of St . Anthony; Amending the 1973 Code of Ordinances 14 to add new Subsections 560 . 06, 560 . 07 and 560 . 08 . 15 16 17 Motion carried unanimously 18 19 20 C. Manning' s Restaurant Lease 21 22 The City Manager advised that the lease held by Mr. Manning 23 expires in November of this year. The City has bought the 24 equipment in the restaurant for a purchase price of $30, 000 . 25 26 Mr. Eric Schuhmacher has contacted staff regarding taking over the operation. He has submitted a restfine of his restaurant experience and his formal education. He also submitted a draft 29 copy of sample menu selections he would consider offering to SC patrons . Mr. Schuhmacher has stated he would consider leasing the space with an option to buy, such option to include the _. equipment . 33 34 Councilmember Enrooth, noting Mr. Schuhmacher' s impressive 35 credentials , inquired why there was so much interest on his 36 part in this location . The City Manager responded that he is 37 also interested in taking over the Wells operation and 38 eventually opening another business on his own . 39 40 The Mayor felt this was a very attractive opportunity for Mr. 41 Schuhmacher as there need not be any captal investment by him. 42 43 Motion by Marks , second by Enrooth to authorize the City 44 Manager and the Liquor Operations Manager to negotiate a five 45 year lease with Mr. Schuhmacher for the Manning' s site. 46 47 48 Motion carried unanimously 49 50 10 . UNIFINISHED BUSINESS 51 A. Ordinance No. 1992-004 , Re: Lake Restrictions (Second Reading) 4 1 REGULAR COUNCIL MEETING • 2 JULY 14 , 1992 3 PAGE 10 4 5 6 7 Mr. Ken Solie, 2817 Silver Lane, presented a summary of the 8 petition recently circulated to members of the Silver Lake 9 Homeowners Association. 10 11 Mr. Solie advised that the petition included a response from 12 representatives of the Salvation Army Camp. The summary was 13 reviewed. Thirty responses were supportive of the ordinance 14 and twenty-five responses did not support the ordinance. 15 16 He noted that the petition which had been circulated 17 previously did not require identification of the property 18 owners by name. The petition he presented at tonight ' s meeting 19 included property owners ' names and addresses . 20 21 Councilmember Marks stated he viewed the ordinance as a 22 compromise. A lakeshore property owner noted that the survey 23 was not presented as a compromise and it had supported limited 24 motorized watercraft use by a very narrow margin. He also 25 observed that some people had changed their position on the 26 issue since the original petition was signed and presented to 27 the City Council . This property owner commended the City s efforts regarding 28 Manager on his g g Silver Lake' s water quality. 29 30 Mayor Ranallo said he is not supportive of passage of the 31 ordinance as he does not see a problem. He noted that he has 32 received a letter from the Mayor of Columbia Heights which 33 indicated he is not supportive of this ordinance being 34 approved. 35 36 Councilmember Enrooth felt this issue could continue for a 37 very long time without any resolution. He also noted it would 38 have to receive approval from the Columbia Heights City 39 Council as well as from the Department of Natural Resources . 40 41 Vern Hoium, a member of the Silver Lake Homeowners 42 Association, and a thirty year resident , felt there have been 43 relatively few problems with motorized watercraft and there is 44 seldom any enforcement needed. He noted there are already 45 statutes on the books which address the concerns . He suggested 46 that the best ordinance would be no ordinance . 47 48 The Mayor suggested that more time and effort should be spent 49 on cleaning up the lake rather than placing more restrictions 50 on it . 51 52 Councilmember Wagner stated he had previously supported 53 passage of the ordinance as there appeared to be no clear • 54 indication as to what the lake property owners preferred. He 1 REGULAR COUNCIL MEETING 0 JULY 14 , 1992 PAGE 11 4 5 6 7 now feels that the survey results have given the Council some 8 direction. 9 10 Councilmember Marks said his opinion has evolved from his 11 research regarding the impact motorized watercraft has on the 12 lake. Because the lake is so shallow he feels there is 13 considerable damage being done to the lake by motorized . 14 watercraft . 15 16 Motion by Marks , second by Enrooth to approve the second 17 reading of Ordinance No. 1992-004 being an ordinance 18 regulating surface use of the water on Silver Lake located 19 within the boundaries of the City of St . Anthony; amending the 20 1973 Code of Ordinances to add a new section 1500 : 00 . 21 22 Roll call : Marks , Enrooth - aye 23 24 Wagner, Fleming, Ranallo - nay 25 26 40 Motion fails 29 30 The City Manager felt much of the misuse of the lake is by 31 people who do not live on the lake and use equipment without 32 proper training. He thinks this is particularly true of those 33 people who use jet skis and water skis . 34 35 He suggested that restrictions for the use of equipment be 36 drafted and posted at -the boat landing. This posting would 37 address more basic violations . He stated that the City Manager 38 of Columbia Heights has indicated a willingness to post the 39 restrictions . 40 41 Doug Jones suggested that these restrictions be reviewed by 42 Mary Finn, President of the Silver Lake Homeowners 43 Association, for comments . 44 45 Mr. Jones was one of the circulators of the original petition. 46 Previously, he had stated that because of an oversight , the 47 petition was not brought to the attention of the 48 representatives of the Salvation Army Camp. 49 50 Mr. Jones noted his continued support of the ordinance. He 51 also expressed his concern with the water quality of Silver 52 Lake and the negative impact which has been made on it by the Wexford Heights development . 1 REGULAR COUNCIL MEETING 2 JULY 14 , 1992 3 PAGE 12 4 5 6 11 . ADJOURNMENT 7 8 Motion by Marks, second by Enrooth to adjourn the meeting at 9 8 : 15 P.M. 10 11 Motion carried unanimously 12 13 14 15 Respectfully submitted, 16 17 18 19 20 Jo-Anne Student , Council Secretary 21 22 23 24 Mayor Clarence Ranallo 25 26 27 ATTEST: 28 City Clerk 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 1 CITY OF ST. ANTHONY • 2 REGULAR COUNCIL MEETING 3 July 28, 1992 4 5 6 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 7 8 The meeting was called to order at 7:35 p.m. with the Pledge 9 of Allegiance led by Mayor Ranallo. 10 11 II. ROLL CALL 12 13 Council present: Mayor Ranallo and Councilmembers Enrooth, 14 Fleming and Wagner. 15 16 Councilmember Marks was absent. 17 18 Staff present: City Manager Burt and Management Assistant 19 Urbia. 20 21 III. APPROVAL OF AGENDA FOR JULY 28, 1992 COUNCIL MEETING 22 23 Motion by Enrooth, seconded by Wagner to accept the Council 24 agenda as presented with the following additions: 25 26 VII MAYOR'S REPORT 27 Bus Shelter Vandalism Discussion 28 29 CITY MANAGER'S REPORT 30 6 . Ching House 31 7. Vandalism in the Park 32 33 IX NEW BUSINESS 34 D. Safety Issue on Pahl Avenue by Thomas Hoban 35 E. Storm Water Drainage Utility Leaflet by Dennis 36 Cavanaugh 37 38 Motion carried unanimously. 39 40 IV. APPROVAL OF JULY 28, 1992 COUNCIL MINUTES 41 42 Motion by Fleming, seconded by .Wagner to approve the minutes 43 for the July 14, 1992 Council meeting as presented with the 44 following modification: 45 46 Page 10, lines 13 & 14 : Substitute "of the sixty nine 47 percent of the residences who 48 responded, sixty three percent 49 were supportive of the ordinance" 50 for the last sentence. 1 Regular Council Meeting 2 July 28, 1992 • 3 Page 2 4 5 6 7 Page 8, line 52: Add "the City ordinance is in 8 response to Minnesota Statute 9 114A. 9410 . 10 11 Motion carried unanimously. 12 13 V. LICENSES/PERMITS/PETITIONS 14 15 Motion by Enrooth, seconded by Wagner to approve the following 16 licenses. as presented in the July 28, 1992 agenda packet: 17 18 Contractors Licenses 19 J H & Company Construction, Maplewood, MN 20 Central Roofing company, Minneapolis, MN 21 Construction Mechanical Services, St. Paul, MN 22 23 Multiple Dwelling Licenses 24 Real Property Management for 13 units at 2938-3004 Old Highway 25 8 26 27 Motion carried unanimously. 28 •29 VI. PRESENTATION OF CLAIMS 30 31 A. Barr Engineering 32 33 Motion by Wagner, seconded by Ranallo to approve the 34 payment of $300.00 to the Barr Engineering Company for 35 engineering services on the proposed Storm Water Drainage 36 Utility Ordinance. 37 38 Motion carried unanimously. 39 40 B. Canada Goose Program 41 42 Motion by Fleming, seconded by Wagner to approve payment 43 of $334 .00 to the Canada Goose Program as the City' s . 44 share of the $1,000 .00 cost of removing and relocating ' 45 45 geese from Silver Lake. 46 47 Motion carried unanimously. • I Regular Council Meeting • 2 July 28, 1992 3 Page 3 4 5 6 7 C. City of Roseville 8 9 Motion by Enrooth, seconded by Fleming to approve payment 10 of the City of Roseville invoice for $229,040.33 for 11 their administration of the reconstruction of Old Highway 12 8 noting that this amount covers the 10% which will be 13 withheld pending completion of this MSA funded project. 14 15 Motion carried unanimously. 16 17 D. Verified Claims 18 19 Motion by Wagner, seconded by Ranallo to approve payment 20 of the three pages of verified claims in the July 28, 21 1992 'agenda packet. 22 23 Motion carried unanimously. 24 25 VIII. REPORTS 26 • 27 A. Council Reports 28 29 Councilmember Wagner ' s Report 30 31 The Councilmember commented that he perceived the Village 32 Fest the previous weekend had been a great success 33 Although he didn't have the final tally, he said he 34 thought the returns would be better than last year ' s . 35 36 Councilmember Fleming' s Report 37 38 The Councilmember indicated she would be making her 39 report after the wrap-up meeting for which a final date 40 had not yet been agreed upon. She indicated she would be 41 notifying the rest of the Council as soon as she knows 42 that date. 43 44 Councilmember Fleming thought there might be some 45 interest in the report .which had been given at the July 46 21st Chamber of Commerce meeting regarding one 47 perspective on the City' s legislative representatives. 48 This had come from Mark Hardin-, a guest of Dick Horst, 49 Manager of the St. Anthony Coast to Coast. Mr. Hardin 50 had told the Chamber members that when it came to 51 business issues both the State Representative and Senator 52 had zero voting records. • 1 Regular Council Meeting 2 July 28, 1992 • 3 Page 4 4 5 6 7 Councilmember Enrooth' s Report 8 9 The Councilmember echoed the comments regarding the 10 success of the Village Fest saying the committee had been 11 thankful for both the good weather and the unicycle 12 riders ' parents who he perceived had "made Saturday 13 night" . 14 15 Mayor Ranallo' s Report 16 17 The Mayor reported he had just given an article to the 18 St. Anthony Bulletin which expressed his appreciation for 19 the efforts of all who had worked on the Fest. He said 20 he had written a special letter to the members of the 21 Police Reserves who had put in an estimated 122 hours 22 without pay. The Mayor indicated he would be hosting an 23 appreciation party for all the volunteers. 24 25 Bus Shelter Vandalism 26 27 The Mayor reported that Jeff Haedt, 2913 29th Avenue N.E. 28 had come in early that evening to talk to him about • 29 incidents he has witnessed over the years of vandalism to 30 the bus shelter on the corner of 29th and Silver Lake 31 Road. Mr. Haedt indicated he had owned his home for 32 eight years two of which it was rented out. During that 33 period the glass in the shelter had been broken as least 34 as many times including being shot out twice in July. . 35 The Mayor indicated Mr. Urbia had reported the bus 36 company was not acknowledging that many incidents but had 37 said they would have someone out to repair the damage the 38 day he called them. 39 40 The Management Assistant told the Council the bus 41 shelters have always been prime targets for vandals. He 42 agreed to request the glass be replaced with plexiglass 43 from now on. Mr. Burt indicated that he hoped the fact 44 that the police had just caught some vandals shooting BB 45 pellets from sling shots, might alleviate the problem at 46 least for a while. Mr. Haedt said replacing the glass 47 with plexiglass and increasing police patrols in the area 48 might help. • 1 Regular Council Meeting • 2 July 28, 1992 3 Page 5 4 5 6 7 B. City Manager Reports 8 9 1. Home Occupation and Neighborhood Safety on Pahl 10 11 Mr. Burt suggested moving #6 under NEW BUSINESS up on the 12 agenda since the Pahl issue was related to problems with 13 home occupations which had really heated up this summer. 14 The Manager reported a resident had recently come into 15 the City offices to complain that the City had been 16 inconsistent in enforcement of the zoning restrictions 17 against running businesses out of homes. This resident 18 had brought with him a copy of the Yellow Pages on which 19 had been highlighted at least 18 instances of where St. 20 Anthony businesses out of homes had been advertised with 21 City addresses . This document had been included in the 22 Council agenda packet. 23 24 The Manager indicated it had been City policy to allow 25 businesses where people drop off articles for repair but 26 not those which generate customer or employee traffic on 27 residential streets . Trade vehicles like Minnegasco s or • 28 those driven by plumbers or electricians whose businesses 29 are identified on the sides of the vehicles which are 30 parked overnight as well as homes where stockbrokers, 31 lawyers, etc. do business by phone out of their homes are 32 not considered to be in violation of the City zoning 33 restrictions against "commercializing a residential 34 neighborhood" he said. 35 36 Mr. Burt pointed to lawn mower businesses like the one to 37 be discussed that evening as a type of business with 38 which City staff works to try to get the activity removed 39 from the premises. However, he pointed out, there is no 40 City law in .place to fall back on where the homeowner 41 brings home tools of his trade which neighbors object to 42 seeing parked on the property or the street. 43 44 While he was working on the recodification with the City 45 Attorney recently, Mr. Burt reported asking his opinion 46 on permits for home occupations. Mr. Soth had indicated 47 he would rather not have the City get into such permits 48 which in essence, would be condoning home occupations 49 where problem instances are very few. Instead, the 50 Manager suggested the Council might want to refer the 51 issue back to the Planning Commission. He said in the • 1 Regular Council Meeting 2 July 28, 1992 3 Page 6 4 5 6 7 meantime staff could try to get samples of other 8 municipalities ' ordinances dealing with home occupations 9 and find out what their experiences with such ordinances 10 had been. Councilmember Enrooth indicated he would 11 rather have the results of such research before deciding 12 to send it for Planning Commission action. 13 14 Councilmember Fleming said her understanding of the 15 problems the neighbors were having with the mowing 16 business run out of 2704 Pahl Avenue involved not only 17 bringing the equipment home but also maintaining it on 18 the property or in the alley. When Mr. Burt reported 19 working for three and a half months with the renters on 20 that property to get that equipment moved and said he 21 thought his efforts had been successfull, his assumptions 22 were challenged. by both Councilmember Fleming and Thoma's 23 and Susan Hoban, 2705 Pahl Avenue, who contended the 24 situation had not changed. 25 26 Mr. Hoban indicated he was the spokesman for Randy 27 Ferguson and other neighbors who were unable to attend • 28 the meeting that evening. He said the objects of the 29 concerns for that neighborhood' s safety were renters of 30 the home across the street from him, Glen Brown and Jeff 31 Hanson, who operate a mowing business out of 2704 Pahl, 32 park on his .side of the street to spite the neighbors and 33 keep two trucks, a car and a trailer which they often 34 maintain in the alley. 35 36 Mr. Hoban had a long list of actions which had been 37 reported to the City police for which he perceived 38 receiving lukewarm responses. The complainant said it 39 had taken four days to get a refrigerator with a door on 40 removed from the alley. Mr. Hoban had pictures showing 41 all three vehicles parked in the right of way next to the 42 alley. He added that these vehicles were parked that 43 same day on Wilson Avenue, facing the wrong way. The 44 resident indicated he and his neighbors were also 45 concerned about chemicals stored on the premises at 2704, 46 one of which is "Purak" in 100 gallon drums. Mr. Hoban 47 said Mr. Brown and Hanson wash their vehicles out in the 48 alley two or three times a week leaving pools which sit 49 in the alley for children, birds, animals, etc. to walk 50 through or touch. • 1 Regular Council Meeting • 2 July 28, 1992 3 Page 7 4 5 6 7 Mr. Hoban reported the -neighbors had been unsuccessful in 8 talking to the offenders and just the day before, a 9 missile from a bottle rocket had been fired at him while 10 he was mowing his lawn, missing his foot by about six 11 inches. He said he didn't actually see either occupant 12 of 2704 fire the rocket but saw the white smoke rising 13 from their deck on which they were sitting. He added 14 that his neighbor, Mary Ann has a very large family and 15 he perceived the missile could just as well have hit one 16 of the children who were playing in their front yard at 17 that time. When Mr. Hoban said he reported the incident 18 to the City police the officer who responded told him he 19 could do nothing because he had not personally seen who 20 had shot the rocket off. Lack of police response was 21 also cited by Mr. Hoban to his request that the police 22 check out a car parked in front of his house July 5th. 23 The resident speculated that the police might have not 24 been as responsive as they could have been because Mr. 25 Hanson and Mr. Brown are on the City Fire Reserves . 26 • 27 Mr. Hoban reported that the two had admitted to the City 28 Manager that they were parking their vehicles in front of 29 the neighbors ' houses just to spite them and he reported 30 they also had begun flashing -the lights on the trucks at 31 around 9 :30 p.m. to further irritate the neighbors . On 32 top of it all, .Mr. Hoban reported both he and his 33 neighbor, Mary Ann, had just received notices from an 34 attorney saying they were harassing Mr. Brown and Mr. 35 Hanson because "they haven't violated any laws or 36 ordinances and the City police haven' t charged them with 37 any violations" . 38 39 Mr. Hoban said he now realizes he can call the Hennepin 40 County Sheriff ' s office who would ticket the two for 41 parking violations . He intends to do that because he no 42 longer trusts the St. Anthony police perceiving they give 43 preferential treatment to the residents of 2704 Pahl 44 Avenue. He also questioned whether it was proper police 45 procedure for the officer who had responded to the bottle 46 rocket incident to ask him if he had retained an attorney. 47 48 Mr. Hoban concluded by saying that in spite of assurances 49 to the police and the landlord of the residence at 2704 50 Pahl that other arrangements had been made for storage in 51 another location, he had watched the renters unload their 52 mowers onto the property the previous Friday night and 53 back on the trailer Monday morning. 1 Regular Council Meeting 2 July 28, 1992 • 3 Page 8 4 5 6 7 Mr. Burt drew the Council ' s attention to the fact that 8 from the comments made that evening they could see that 9 the issues involved were not just parking or home 10 occupation. He insisted the police procedures which were 11 used on Pahl had all been proper. The flashing lights 12 and bottle rockets are problems between neighbors which 13 the police can do nothing about without seeing them 14 according to the law. However, the neighbors can make 15 formal charges which they should have been advised by .the 16 responding officer. In regard to the refrigerator 17 incident, the Manager reported the residents of 2704 had 18 been informed the same day as the complaint came in that 19 they had to take the door off and the landlord had been 20 given the same information at the same time. 21 22 As far as the claim that the residents at 2704 are 23 reserve firefighters and therefore given preferential 24 treatment goes, Mr. Burt advised ,that only Mr. Hanson 25 remains in the reserves and his service for the City and 26 the business he runs are separate issues . 27 i 28 The Manager indicated he had. talked to the Police Chief 29 that evening and he had agreed to step up enforcement in 30 that area.. However, the. Chief had also stated that meant 31 anyone in the neighborhood who commits any type of 32 violation will be warned and ticketed. This will be 33 necessary to avoid the problems escalating to the point 34 where the police can't control or prevent a very 35 difficult situation. 36 37 Mr. Burt said he perceived the problems between neighbors 38 had gotten to such a point where he was recommending 39 using Dispute Resolution Services to talk to both sides 40 and try to mediate a solution. He said he was suggesting 41 mediation because he knew from experiences in other 42 communities in which he has worked that the process 43 works . He said all the issues which are causing trouble 44 on Pahl can be brought forward for discussion during 45 mediation. He added that he perceived the problem on 46 Pahl as a neighborhood disagreement and not involving 47 issues which require ordinances . 48 49 Councilmember Fleming reported she understood the 50 problems had begun when the neighbors had been told the 51 City had some sort of regulations against running a • 1 Regular Council Meeting • 2 July 28, 1992 3 Page 9 4 5 6 7 business out of a home. This made them think they had 8 valid reasons to contact the police and caused them to 9 question why no citations had been issued when the police 10 responded. She recalled that the City Manager had been 11 promised by both the renters and the landlord that all 12 equipment including tanks would be removed from the 13 property. This and the second promise to staff were not 14 kept and instead the renter began "abusing the neighbors, 15 most of whom are long time residents" . When the 16 Councilmember told the City Manager a similar problem 17 with renters who lived across from her had been solved 18 when 'the neighbors contacted City officials, Mr. Burt 19 reminded her that renters and homeowners have equal 20 rights when it comes to law enforcement. 21 22 When Councilmember Fleming reported a conversation with 23 one of the neighbors the previous evening who had told 24 " her he was very concerned about pesticides being washed 25 down the alley, perceiving a danger to neighborhood 26 children, Mr. Burt told her that unfortunately he had 27 never seen the containers since every time he goes down 28 there the garage door is shut. 29 30 Mr. Hoban sent around pictures he had taken to 31 demonstrate the "30 foot trailer. parked alongside the 32 garage; the trash the occupants of 2704 haul, and the 33 shredder they run in the morning. He said these 34 annoyances to the neighbors are increased by the people 35 who do the mowing who park their cars in the neighborhood 36 while they are working. 37 38 Mr. Burt reiterated that the City had nothing to go on 39 right now to prove home occupation at 2704 Pahl and said 40 the City Attorney had advised him that the zoning code 41 might be very difficult to enforce. He agreed that this 42 was a situation which needed to be remedied but said 43 there are many other locations in the City where home 44 occupations are carried out . One of these was a garage 45 door repair business where the only indication of the 46 resident ' s occupation is a panel truck with "Northeast 47 Garage. Door" on the side. Mr. Burt reported the City had 48 never had a complaint about this business or most of the 49 others listed in the Yellow Pages. He reiterated that he 50 didn't think the City should look at a particular 51 instance and create an ordinance which would affect all 52 the others for which there are no problems . • 1 Regular Council Meeting 2 July 28, 1992 • 3 Page 10 4 5 6 7 Councilmember Fleming agreed that the City wouldn' t want 8 to create an ordinance because of one case where persons 9 are mistreating and abusing their neighbors She perceived 10 the incidents on Pahl to be more of a "nuisance" 11 situation. Mr. Burt indicated the City can't do anything 12 about the residents parking in front of neighbors,' homes 13 because by ordinance they have a right to park wherever 14 they want on public streets. He told the Councilmember 15 that was why he was suggesting mediation to remedy some 16 of the irritations in this case. 17 18 Mayor Ranallo speculated that he might even be guilty of 19 home occupation since he receives many calls at home 20 related to his occupation. Another case as he saw it, 21 would be Art Thompson who runs his plumbing business out 22 of his home without most people knowing anything about it 23 because he keeps his truck and his tools in a closed 24 garage. However, the Mayor said he considered the 25 situation involving the "weiner wagon" parked on the 26 driveway on Silver Lake Road as a clear case of home 27 occupation. He reminded the Councilmembers that when the 28 City had approached her about this she had said no one 29 had ever talked to her about the wagon before. The 30 vehicle has never been removed from the driveway since 31 that meeting and the Mayor said he thought this just 32 proved the need for a parking ordinance. He said if the 33 Council isn' t willing to "bite the bullet" and put some 34 teeth in the restrictions, the City Manager and the 35 police can't do anything about such violations of the 36 zoning code. Mayor Ranallo indicated the City Attorney 37 had advised him that the City would just be opening 38 itself to lawsuits if the Council doesn' t pass an 39 ordinance and be willing to have it enforced. 40 41 When asked, Mr. Hoban told the Council he didn' t think 42 mediation would work in this case because the neighbors 43 have already talked hours at a time with the owners of 44 the mower business; they have assured the City and their 45 landlord that they had made other arrangements for 46 storing their equipment at another location, and it 's 47 still there. Mr. Burt urged him not to underestimate 48 mediation which he has seen work in worse situations in 49 other communities . He told the resident many courts use 50 mediation to remedy conflicts versus the legal process. • 1 Regular Council Meeting • 2 July 28, 1992 3 Page 11 4 5 6 7 The Manager reiterated to Mr. Hoban that things like 8 bottle rockets, flashing lights at night and parking in 9 front of neighbors houses to spite them were all 10 instances of neighbors just not getting along. He agreed 11 that shooting bottle rockets was against state law but 12 repeated that the offense has to be seen personally by 13 the city authorities to enforce the law or one of the 14 neighbors has to file a complaint and go to court . Mr. 15 insisted the police and he had talked to the offenders 16 but that was all they were empowered, to do. He also 17 denied that any favoritism was being shown to Mr. Hanson 18 or Mr. Brown because of their connection with the Fire 19 Department. He also confirmed that the officer who had 20 responded to his call about the parked car had been 21 working a different shift and wasn't aware of the 22 problems other officers were working on down on Pahl. 23 24 The Manager told Mr. Hoban he intended to call the 25 Pollution Control Agency to find out whether they had 26 investigated the presence of the chemicals Mr. Hoban had 27 described in that neighborhood. He said the agency would i28 be able to determine how much "Purak" can be stored in a 29 household garage and how it should be handled. 30 31 Dennis Cavanaugh, 2909 St. Anthony Boulevard, rose to 32 speak to the issue. He said he perceived the steps which 33 were to be taken to solve the problem on Pahl might not 34 apply to other locations in the City where there are 35 similar complaints . He said he thought the time had come 36 for residents of St. Anthony to get together to tell the 37 City officials what "our standards .are in the City" . He 38 indicated he terms what ' s happening all over St. Anthony 39 as the "Northeast Crawl" where the slow deterioration of 40 northeast communities is evident from Marshall Avenue N. 41 E. past Central. Mr. Cavanaugh stated he perceived this 42 to be happening because in the 80 ' s a generation was 43 raised who believed in rights but not responsibilities . 44 The resident insisted that St. Anthony had more examples 45 of "Northeast Crawl" than the City wanted to admit. As 46 an example he cited the 'two restaurants in the same 47 neighborhood which sat next to residential property with 48 vegation which wouldn't have been tolerated in any other 49 first class community. He further identified a plumbing 50 operation and a house on Silver Lane "where cars seem to 51 propagate like roaches" as cases in point. The resident 1 Regular Council Meeting 2 July 28, 1992 3 Page 12 4 5 6 7 also mentioned a St. Anthony filling station where the 8 owner evidently believes he can spread the cars he is 9 working on all over the neighborhood. All of these 10 examples Mr. Cavanaugh termed as "disasters not up to the 11 community standards of St Anthony Village" . 12 13 Mr. Cavanaugh said he saw the problems on Pahl as nothing 14 more than cases of meanness and said he believed the City 15 had plenty of laws on the books to prevent such 16 behavior. He said he thought the time had come for the 17 City to quit being "Mr. Nice Guy" and suggested if a car 18 is continually parked across the street from its own 19 residence, the City should be able to tow it. He said 20 those residents don' t like living in St. Anthony, they 21 should "just get out" . He reiterated his belief that if 22 the deterioration near Central Avenue and south of Lowry 23 isn't stopped it would spread because "crud goes to the 24 point of least resistance" . To stop this from happening, 25 Mr. Cavanaugh perceived a need for a citizens committee 26 to study what the standards of St. Anthony are and to 27 share their findings with the Council and/or the Planning • 28 Commission. 29 30 Mr. Burt stated that the Public Works Director had run 31 into many of the cases Mr. Cavanaugh had cited and agreed 32 there was a need for specific ordinances to react to some 33 of those instances. Mr. Hamer says he used to be able to 34 work with people to clear up these kind of problems but 35 now the . offenders all demand to know "where' s the law?" 36 The Manager indicated he thought that was just what the 37 City was trying to provide with the proposed parking, 38 housing maintenance code and many other issues being 39 worked on right now in response to many of those same 40 problems . One problem with enforcing the desired 41 standards which the City faces is persons who say, "I 'm a 42 long time resident and shouldn' t be treated the same way 43 as people who are. newcomers to this community" . There is 44 also a problem with enforcing the law equally and staff 45 tries to work with everyone involved to solve . 46 neighborhood problems. He also cautioned that if the 47 Council directs staff to start getting tougher, and to 48 never give anyone a second chance, those directions will 49 have to be followed for everyone because the City can't 50 be arbitrary in enforcing laws. Mr. Burt also told Mr. 51 Cavanaugh the City is working on many problems he knows 52 nothing about and in -many instances staff ' s efforts to 53 work with people to solve these problems are working. • 1 Regular Council Meeting 2 July 28, 1992 3 Page 13 4 5 6 7 He said in most cases there are ordinances to fall back 8 on but with home occupations there is only the provision 9 in the zoning code which says residential property can' t 10 be commercialized. Enforcement in cases of home 11 occupancy is very difficult when there are no guidelines 12 to follow. 13 14 Councilmember Fleming liked the idea of residents getting 15 together to talk about an issue and pointed to the 16 controversy about the proposed parking ordinance as a 17 case where residents had become aware of an issue and 18 responded. The Councilmember said she perceived that the 19 fact that this doesn' t happen very often at the state 20 legislature has resulted in ten times the number of laws 21 than are needed. 22 23 Councilmember Fleming acknowledged that it would probably 24 take months for an ordinance which would address the 25 issues on Pahl to pass. However, she said she also knew 26 from firsthand knowledge that the situation down on Pahl • 27 was becoming intolerable and one which no St. Anthony 28 resident would want across the street. The, Councilmember 29 felt it was essential that the situation not be allowed 30 to continue until the residents felt the need to remove 31 the tensions themselves because they are "just fed up" . 32 33 Mr. Burt told her he hated to see the City perceived to 34 be the enemy in a case like this where staff had gone out 35 of its way to work with the parties who were causing the 36 problem because there just weren't any laws to fall back 37 on to remedy the situation. Mayor Ranallo commented that 38 the committee idea might be o.k. but he hadn' t seen any 39 degree of its success when it came to the Parking 40 Ordinance. 41 42 Sandy Antzcak, 3501 36th Avenue N.E. , who was a member of 43 the Ad Hoc Parking Committee, came forward to give her 44 perspective on the mediation process . She agreed with the 45 Mayor that because of the spin given by the newspaper to 46 their stories about the Parking Ordinance, her committee 47 viewed it as an "RV Ordinance" . Because of that 48 terminology, Mrs . Antzcak admitted the temperature on the 49 committee was "hot" and the committee members were ready 50 "to go at it" over that aspect of the issue. There were 51 two committee members who supported the ordinance and • 1 Regular Council Meeting 2 July 28, 1992 3 Page 14 4 5 6 7 three, including herself, who opposed it. However, 8 because Mr. Burt had brought a .mediator to work with 9 them, the committee were able to reach an understanding 10 on the issue, the evening went along very smoothly, and 11 at the end all participants were getting along very well. 12 13 Mrs. Antczak indicated she thought the mediation process 14 should at least be tried in the Pahl neighborhood, 15 although she conceded it sounded a lot worse than her 16 group' s situation. However, She commented that it might 17 be better than waiting months for an ordinance which 18 might, or might not, solve the controversies. 19 20 John Jadinak, 2805 27th Avenue N.E. , related his problem 21 with nearby businesses like the butcher shop and filling 22 station parking their cars in front of his house and 23 preventing the streets in that area from ever being 24 plowed or swept out by City crews . He questioned why the 25 area wasn' t at least posted when the City crews were 26 going to plow or sweep. , 27 28 Councilmember Wagner indicated he would like to see some • 29 samples of other communities ' home occupation ordinances 30 before turning the issue over to the Planning 31 Commission. He could see nothing to prevent having the 32 problem on Pahl mediated in the meantime. Mr. Burt told 33 him the only involvement the City would have would be to 34 have a mediator there to work with the differing parties. 35 36 Mr. Hoban was asked whether he would be open to mediation 37 and he replied that "the way they've treated me and lied, 38 I don' t know whether I could trust any word they might 39 "give during mediation" . The Manager told him it 40 wouldn't be a case of verbal agreement but rather, actual 41 written agreements come out of the mediation process. He 42 said the fact that the residents of 2704 Pahl had already 43 hired an attorney does not cause him to concede failure 44 yet. He said maybe Mr. Brown and Mr. Hanson won' t agree 45 to mediation but he felt it was at least worth the try. 46 47 The Manager indicated he would do the necessary research 48 on other communities ' .home ordinances and would put them 49 on the first Council work session he could. • 1 Regular Council Meeting 2 July 28, 1992 3 Page 15 4 5 6 7 2. St. Anthony Shopping Center Carnival 8- 9 Motion by Fleming, seconded by booth to grant approval 10 for the St. Anthony Shopping Center Carnival to be held 11 from noon to 4 :00 p.m. August 1, 1992 and to waive the 12 fee for the event. 13 14 Motion carried unanimously. 15 16 3. South End Moratorium 17 18 The Manager reported the plans for redeveloping the South 19 End are right on track with the Planning Commission 20 approving at their last meeting the concept of 21 residential use for the triangle where the two cafes will 22 be eliminated; leaving the gas station with some very 23 improved landscaping and berming, and a road alignment 24 which the Council has already seen. He said the - 25 moratorium on further development in that area will be 26 expiring August 13 and he was recommending extending it 27 for another six months, although the process probably 28 wouldn' t take that long. Staff is in the process of 29 negotiating the purchase of the Rosie's Cafe right now 30 and when those negotiations are completed will go across 31 the street to talk to the owners of the Good Luck Cafe 32 about purchasing their property as well . That appraisal 33 is almost complete and Phase One is done for the 34 environmental impact study. 35 36 Mr. Burt was under the impression the meat market was 37 closed next to the gas station and reported that Roger 38 Bona, who owns the station as well as that property, 39 wants to make some improvements to his operation which 40 had been prevented by the moratorium. The property owner 41 had argued that since his property was not really 42 involved with the changes in the rest of the triangle, 43 the City should lift the moratorium from the land he 44 owns . Mr. Bona had said that would allow him to make 45 changes to his pumps and expand his business. 46 47 When Councilmember Enrooth asked whether Mr. Bona had 48 provided staff with definite plans for the changes he 49 proposed, Mr. Burt said he had seen the conceptual 50 configurations which would have to be modified to 51 accommodate the City's plans to connect 27th Avenue and • 1 Regular Council Meeting 2 July 28, 1992 3 Page 16 4 5 .6 7 Coolidge Street and cut off the station' s access to those 8 streets with landscaping and berming. Mr. Burt said, in 9 any event, Mr. Bona will have a lot more room for parking 10 and won' t have to park cars he' s working on in front of 11 the home on 27th Avenue. 12 13 Mr. Jadnick who had referred to that problem earlier in 14 the evening told the Council he would be in favor of any 15 plan which prevented the gas station from parking in 16 front of his house. He then informed the Manager that 17 all business at the butcher shop had not stopped and 18 there were still 18 wheelers pulling in and out from that 19 property which now houses a catering business which has 20 meat coming in from all over. 21 22 The City Attorney had advised that the City was well 23 within its rights to lift the moratorium on the gas 24 station property while extending it for the remainder of 25 the triangle where the work is not complete. Mr. Burt 26 said the Attorney had also told him he would be writing 27 up the agreement for the extension of the moratorium 28 which would reflect the area remaining for 29 redevelopment . The Manager indicated the Planning 30 Commission would be working on the Comprehensive Plan 31 dealing with this redevelopment in August and would then 32 address the rezoning of the two cafe properties. He 33 estimated the Council would have the Plan and rezoning 34 proposal by October, by which time, hopefully the City 35 will have purchased those properties. However, if 36 condemnation is necessary, staff will have to return 37 asking for another year' s extension. 38 39 Mayor Ranallo proposed delaying action on the extension 40 until the Council ' s August 11th meeting when Mr. Bona 41 should have more firm plans developed for the Council to 42 fit into the changes proposed for the South End. The 43 moratorium extension was then laid over to the August 44 11th Council meeting. 45 46 Mr. Cavanaugh spoke up saying he thought it would be a 47 serious mistake to carve the filling station out of the 48 master plan for the South End. He was concerned that the 49 changes proposed by the station owner might not conform 50 to the rest of the improvements. He suggested that since 51 the City has the leverage of the moratorium, the plans • 1 Regular Council Meeting • 2 July 28, 1992 3 Page 17 4 5 6 7 for that business expansion ought to be incorporated into 8 the Comprehensive Plan . The resident perceived .the need 9 to get a definite commitment from Mr. Bona as to what 10 he' s going to do with his property. Mr. Burt said it 11 might be possible to tie Mr. Bona into a redevelopment 12 agreement since the City has tax increment money for this 13 area. 14 15 4. Ad Hoc Parking Committee 16 17 Mr. Burt reported the Ad Hoc Parking Committee had met 18 twice and, as requested by the Council, had made the four 19 proposals in the agenda packet. These suggestions were 20 proposed as possible ways to accomplish the issue of 21 image and neighborhood aethestics versus the proposed 22 Parking Ordinance. The Manager indicated the Committee _-. 23 perceived the community had a good over all image but 24 these suggestions were aimed at the two percent of 25 citizens who don' t seem to have the same neighborhood 26 pride or standards as the rest of the Village. The 27 Committee perceived one or a combination of suggestions 28 might be implemented. 29 30 a. Property Maintenance Code 31 32 The Committee perceived a need to expand the Housing 33 Maintenance Code to be reported at the next Council 34 meeting. They suggested the addition of a provision 35 which called for keeping all property within the 36 confines of the property lines in a "neat and 37 orderly" manner. This addressed not only parking 38 but some issues similar to those covered in the 39 City' s Nuisance- Ordinance. 40 41 b. Permits 42 43 This suggestion would require all properties with 44 commercial, recreational vehicles, recreational and 45 utility trailers or watercraft to get a permit. The 46 permit would be granted only after discussion with 47 the neighbors on specifics related to location, 48 length of storage, screening and minimal 49 maintenance. The' City Attorney had pointed out the 50 difficulty in taking back a permit once it is 51 granted. Mayor Ranallo indicated he would expect • 1 Regular Council Meeting 2 July 28, 1992 • 3 Page 18 4 5 6 7 the administrative costs to far surpass the $5.00 8 fee the Committee recommended. Vehicles used as a 9 condition of employment would be exempt from the 10 permit process . Only long term storage would 11 require a permit. 12 13 C. Beautification Committee 14 15 This would be a committee appointed by the Council 16 to handle complaints between neighbors and resident 17 complaints on the appearance of another' s property. 18 If no agreement is reached, the services of Dispute 19 Resolve would be utilized. 20 21 d. City Mediation 22 23 City staff would make the initial contact in 24 neighbor complaints and would meet with neighbors to 25 discuss the identified issue and try to resolve the 26 conflicts. To avoid legal resolution the services 27 of Dispute Resolution would be used. 28 29 Mr. Burt indicated staff now has copies of parking ordinances 30 other communities are either working on or have passed. He 31 said the issue might now be sent back to the Planning 32 Commission. He also indicated the Committee had recognized 33 that it may be very difficult to come up with any type of 34 ordinance to fit an established community like St. Anthony 35 which has such a diversity of population. 36 37 Councilmember Enrooth indicated he wanted to commend the 38 Committee on what he viewed as some very good ideas. The 39 Mayor agreed saying he only hoped that would result in a 40 workable ordinance. He reiterated that he still believed 41 somewhere along the line the Council was going to have to 42 "bite the bullet" and vote the issue "up" or "down" . 43 44 These proposals along with the Parking Ordinance and samples 45 of other communities ' ordinances will be referred back to the 46 Planning Commission. • 1 Regular Council Meeting 2 July 28, 1992 3 Page 19 4 5 6 7 5. Council Work Session 8 9 The fact that Councilmember Enrooth would be out of town from 10 August 11 to 21 and the research necessary for the proposed 11 home occupation ordinance would take more than a week' s work 12 caused the work session scheduled for August 4 to be 13 rescheduled to September 1, 1992. 14 15 The 1993 budget will be included in the September 1st 16 discussions . Mr. Burt indicated he should have a draft copy 17 of the budget shortly and said he would like to sit down with 18 each Councilmember one on one to go through it in detail . The 19 City has to certify the levy at the second Council meeting in 20 September but the figures which are certified do not have to 21 be exact numbers. An informal public meeting on the budget 22 will also be held prior to the meeting where it is finally 23 accepted. 24 25 6. Ching House 26 27 The Manager reported the Ching house on Skycroft Circle had 28 been vacant for at least ten years during which the City has 29 been cutting the grass when it gets above the permitted height 30 and those costs are billed on the taxes. These are paid by 31 the owner who lives in California and apparently has no desire 3.2 to sell the property. Mr. Burt said he had gotten a call from 33 one of the neighbors about the unsightly appearance of the 34 bushes which have grown wild over these years of neglect. The 35 Manager indicated he would be writing to the owner and billing 36 costs of maintenance of the bushes back on to the taxes if no 37 other arrangements are made. The same neighbor had brought up 38 the possibility of condemning the property which seemed 39 conceivable the Manager said in view of the fact that several 40 years ago there had been a water break which had flooded the 41 house and probably caused a great deal of damage to the 42 interior. 43 44 The Manager was directed to consult the City Attorney to see 45 what could be done. 46 47 7. Vandals in the Park 48 49 The Manager reported the City is experiencing some very 50 "creative vandalism" to the public toilets this summer which 51 the summer time help is finding difficult to keep clean enough 52 to have open. Staff is looking at closing the facilities I Regular Council Meeting 2 July 28, 1992 3 Page 20 4 5 6 7 altogether and opening them up only for organized activities. 8 Because this is an ongoing problem, Staff is looking into 9 budgeting for satellites which would be utilized only during 10 the summer months. The same problems were being experienced 11 in the City Hall until gating prevented usage by gymnasium 12 users, thereby eliminating those expenses. 13 14 The Council was very reluctant not to have the facilities open 15 at all and staff was directed to try having the toilets opened 16 by workers at 7:00 a.m. and closed by the police at 9:30 p.m. 17 18 IX. NEW BUSINESS 19 20 C. RESOLUTION 92-038, RE: RESTRUCTURE OF LIQUOR REVENUE BONDS 21 22 Robert Thistle of Springsted was present to discuss his firm' s 23 recommendation that the City' s Liquor Revenue Bonds be 24 refinanced to take advantage of lower interest rates. Mr. 25 Thistle anticipated a $19,000 .00 savings in interest which 26 represents almost 14% of the outstanding interest remaining on 27 . the bonds . He said this would also free up $25,000.00 in the 28 City' s debt service fund and would reduce the reserves the 29 City would have to keep by $69, 000 .00 30 31 Motion by Enrooth, seconded by Ranallo to adopt Resolution 32 92-038 which authorizes the issuance and sale of $405,000.00 33 Liquor Store Revenue Refunding Bonds, Series 1992 A, and sets 34 the bid date for Tuesday, August 25, 1992 at 11:00 a.m. at the 35 office of Springsted, Inc. 36 37 Motion carried unanimously. 38 39 VII. ADJOURNMENT TO HOUSING AND REDEVELOPMENT AUTHORITY MEETING 40 41 Motion by Wagner; seconded by Enrooth to recess the St. 42 Anthony Council meeting at 9 : 15 p.m. for the St. Anthony 43 Housing and Redevelopment Authority meeting. 44 45 Motion carried unanimously. 46 47 The Council meeting was resumed at 9 :33 p.m. • 1 Regular Council Meeting 2 July 28, 1992 3 Page 21 4 5 6 7 VIII. PUBLIC HEARINGS 8 9 A. Amendments to Kenzie Terrace Redevelopment Plan and Tax 10 Increment Plan (Resolution 92-035) 11 12 The public hearing was opened at 9 :34 p.m. 13 14 The Mayor expressed regret that the people who had been 15 present for the South End Moratorium consideration hadn't 16 understood that the Council would be resuming the discussion 17 of the redevelopment of that area after the H.R.A. meeting. 18 About ten residents from that area had left leaving only 19 Dennis Cavanaugh to provide input to the issue. 20 21 Mr. Cavanaugh said he was speaking to the process of the 22 public hearing rather than the amendments to the Kenzie 23 Terrace Plan. He questioned why the Notice of Hearing had 24 only been published in the official City paper and notices not 25 sent to the residents most affected, as is done in most other 26 cases. He was told the redevelopment of the South End 27 affected the whole City and not just residents and businesses 28 in that particular area. Therefore, the law required only 29 publication as had been done July 15. 30 31 Mr. Cavanaugh complained that the documents which the Council 32 had been given and which had been provided to those in 33 attendance were vacuous for him because he could derive no 34 pertinent information to allow him to raise questions about 35 the effects of the tax increment process . He wondered what 36 effect the process would have on the assessments for the 37 adjacent properties which he assumed would be lower. He also 38 questioned whether there would be assessment implications for 39 the community. 40 41 The Manager responded by saying any time a city is involved in 42 a tax increment project no one can claim that there would be 43 no impact on the residential neighborhood. He said the 44 greatest impact in this case will be the physical change in 45 the neighborhood uses that are there now. He added that the 46 tax increment is a vehicle for financing and will do nothing 47 to Mr. Cavanaugh' s taxes at all. 48 49 Mr. Burt indicated the redevelopment district is already in 50 existence and all the City is doing is extending it to use tax 51 increment money to make these improvements. Mayor Ranallo • 1 Regular Council Meeting 2 July 28, 1992 O 3 Page 22 4 5 6 7 indicated the only impact would be if the bonds on the 8 original district were not paid because the Kenzington, 9 Walker, and Autumn Woods collectively failed. The taxpayers 10 would then have to pay off those bonds . However, the 11 likelihood of failure is very low because all those projects 12 were more successful than the City anticipated. The 13 Kenzington might not look like a huge success because the 14 condominium market fell and they are not all owner occupied. 15 In fact some of those units are in tax forfeiture as far as 16 the rental side goes. In spite of this, the project is still 17 paying more than anticipated and the City is only using the 18 surplus funds which go to pay off the bonds for the South End 19 project. The Mayor continued by telling Mr. Cavanaugh the 20 Walker project doesn' t have a vacancy. The Autumn Woods 21 owners reported 100% occupancy last week and they are also 22 taking advantage of the market and refinancing the personal 23 bonds they have in the project. 24 25 Mr. Burt told Mr. Cavanaugh the City is authorizing a one 26 million dollar budget for the South. End Project but if the tax 27 increment financing were not in place there would be no other 28 means of doing the project. The costs will depend on the a 29 price the City can negotiate for the purchase of the two cafe 30 properties and whether condemnation would be necessary. Any 31 expenditure would have to come before the Housing and 32 Redevelopment Authority. He added that there is an advantage 33 to having the City as the developer because the project will 34 be developed just as approved without incentives to an outside 35 developer which clearly the City wouldn' t want to give. 36 37 Mr. Burt reported receiving only one phone call regarding the 38 project which asked what the City was going to do with the 39 land which is acquired. He said the caller was going to be 40 out of town for this hearing so he had sent out a copy of Plan 41 D and hadn' t heard any further from that caller. 42 43 No one else raised questions or spoke either for or against 44 the proposal. 45 46 Motion by Enrooth, seconded by Wagner to close the public 47 hearing at 9 :43 p.m. for Council action. 48 49 Motion carried unanimously. O 1 Regular Council Meeting 2 July 28, 1992 3 Page 23 4 5 6 7 Motion by Enrooth, seconded by Fleming to adopt Resolution 8 92-035, a resolution approving 1992-B Amendments to the Kenzie 9 Terrace Redevelopment Plan and the Kenzie Terrace Tax 10 Increment Plan and making findings with respect thereto. 11 12 Motion carried unanimously. 13 14 IX. NEW BUSINESS 15 16 A. Resolution 92-036 Re: Transfer Ownership of North Central 17 Cable Communications Corporation 18 19 The issue had been discussed at the July 14 Council meeting 20 and the document had been reviewed by the City Attorney who 21 had been at that meeting. 22 23 Councilmember Enrooth commented on recent news stories about 24 cable and the impact it was having. He said he recognized the 25 City could do nothing about the issue before them that evening 26 but wondered whether. sometime in the future the Council should • 27 look at the whole question from a different perspective. The 28 Manager reminded the Councilmembers that the Suburban Cable 29 franchise would be expiring soon and they would have the 30 opportunity of deciding whether they wanted to stay with the 31 other cities or have St. Anthony _go on its own. This prompted 32 a discussion of the effect the use of fiber optics and 33 satellites might have on the cable industry. 34 35 Motion by Enrooth, seconded by Wagner to adopt Resolution 36 92-036 approving the transfer of ownership of North Central 37 Cable Communications Corporations as presented. 38 39 Motion carried unanimously. 40 41 B. Resolution 92-037, Re: Subrecipient Agreement with 42 Hennepin County for the CDBG Program 43 44 Mr. Burt explained that the Council would be approving a 45 $2.8,044 .00 Community Development Block Grant for City projects 46 which the Council had already designed. 47 48 Motion by Wagner, seconded by Ranallo to adopt Resolution 49 92-037 authorizing the Mayor and the City Manager to execute 50 the subrecipient agreement with Hennepin County to receive 51 Year XVIII CDBG funds . 52 53 Motion carried unanimously. 1 Regular Council Meeting 2 July 28, 1992 3 Page 24 4 5 6 7 D. Storm Water Drainage Utility 8 9 Mr. Cavanaugh said he was speaking in anticipation of the 10 August 11 first reading of the ordinance which would establish 11 this new utility for which residents and commercial entities 12 would have to pay specific fees. The resident indicated he 13 considered the leaflet on the proposed utility which had been 14 sent to the residents to be very inadequate when it came to 15 specifics. Mr. Cavanaugh read off about 20 questions related 16 to the proposal which Mr. Burt said he was certain he would be 17 able to answer if he came to his office before that meeting. 18 The Manager said the leaflet was intended to raise questions 19 which could be answered at either the first, second or third 20 reading which would be given the ordinance before it passes. 21 The Manager also told Mr. Cavanaugh the City Engineer would 22 have to be present to answer some questions he raised. 23 24 Mayor Ranallo drew attention to the fact that the leaflet had 25 invited residents to call City Hall if they had questions and 26 said the Manager had reported receiving only four calls with 27 most of the callers only asking how long the fees would be 28 charged. He also told Mr. Cavanaugh that since he has been 29 Mayor he has always insisted on having three readings for any 30 ordinance which is proposed. That way any questions which are 31 raised during the first reading can be answered during the 32 second reading. 33 34 Mr. Burt told Mr. Cavanaugh the utility would not be designed 35 to bring in a windfall of money but the first funds will be 36 used to study what the City has to do in response to all the 37 regulations which are coming from the federal government, the 38 Metropolitan Council and the DNR. He said there are eleven 3.9 different agencies to regulate storm water. 40 41 The Road Task Force was the one which had instigated the 42 concept of not assessing for storm water management but rather 43 to use a fee as a vehicle for correcting problems the City 44 will be facing. Mayor Ranallo added that until the City 45 starts digging down into the streets no one will know how 46 great the storm water problem actually is . 47 48 Mr . Cavanaugh commented that if only four people had called 49 City Hall after receiving the leaflet he could only conclude 50 the 96% remaining are probably complaining about the cost of 51 government without trying to find out what is being done. He i 1 Regular Council Meeting 2 July 28, 1992 3 Page 25 4 5 6 7 said he perceived the fee to be a tag. Mr. Burt told him the 8 storm drainage utility would be no different than a water 9 utility. 10 11 X. UNFINISHED BUSINESS 12 13 A. Second Reading of Ordinance: Re: Recycling 14 15 Motion by Councilmember Enrooth, seconded by Major Ranallo to 16 approve the second reading of Ordinance 1992-004 requiring 17 mixed municipal solid waste collection for all residential and 18 commercial properties within the boundaries of the City of St. 19 Anthony; amending the 1973 Code of Ordinances to add new 20 subsections 560.06; 560. 07 and 560 .08. 21 22 Motion carried unanimousl9. 23 24 XI. ADJOURNMENT 25 26 Motion by Wagner, seconded by Enrooth to adjourn the July 28, 1992 27 Council meeting at 10:00 p.m. 28 29 Motion carried unanimously. 30 31 32 33 Respectfully submitted, 34 35 36 37 38 Helen Crowe, Acting Secretary 39 40 41 42 43 Mayor Clarence Ranallo 44 45 46 47 ATTEST: 48 City Clerk •