HomeMy WebLinkAboutPL PACKET 11171998 Meeting Sheet
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BOX: TO
Folder: PL PACKETS 1998
Document: PL PACKET 11171998
CITY OF ST. ANTHONY
PLANNING COMMISSION
NOVEMBER 17, 1998
7:00 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF NOVEMBER 17, 1998 PLANNING COMMISSION MEETING
AGENDA.
IV. APPROVAL OF OCTOBER 20, 1998 PLANNING COMMISSION MEETING
MINUTES.
V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE CITY
COUNCIL.
VI. PUBLIC HEARING - NONE.
VII. CONCEPT REVIEW.
1. DAVID SPERRY, BUYER- 4008 FORDHAM DRIVE; LOT SPLIT AND
LOT WIDTH AND AREA VARIANCES.
VIII. OTHER BUSINESS.
1. REPORT FROM THE PARKS COMMISSION.
2. REVIEW COMMENTS RE: PROPOSED EROSION CONTROL/STORM
WATER MANAGEMENT ORDINANCE.
3. REVIEW PROPOSED STREET LIGHTING POLICY.
4. REVIEW CODE ENFORCEMENT REPORT FROM FIRE CHIEF.
A. INTERPRETATION OF CODE .
5. REVIEW PROPOSED REVISION OF THE POLITICAL SIGN_ S ORDINANCE.
6. MEMO RE: CITY'S CODE,ENFORCEMENT EFFORTS.
IX. COMMENTS.
1. MEMO FROM CITY MANAGER RE: WATER QUALITY TASK FORCE.
2. PLANNING COMMISSION TERMS
.3. RECOGNITION OF CITY'S CRIME PREVENTION EFFORTS.
4. 1999 PLANNING COMMISSION GOALS AND PRIORITIES
X. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 OCTOBER 20; 1998
4 I. CALL TO ORDE"LEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Chair
6 Bergstrom.
7 H. ROLL CALL.
8 Commissioners present: Chair Bergstrom; Commissioners Gondorchin, Horst, Kaczor,
9 Makowske, and Thompson.
10 Commissioners absent: None.
11 Also present: Kim Moore-Sykes, Management Assistant.
12 III. APPROVAL OF OCTOBER 20, 1998 PLANNING COMMISSION MEETING AGENDA.
13 Motion by Gondorchin, second by Makowske to approve the October 20, 1998 Planning
14 Commission Meeting Agenda with the following addition:
15
16 Following Item V, before Item VI: Comments from Mr. Doug Jones with regard to the storm
17 water ordinance.
18 Motion carried unanimously.
19 IV. APPROVAL OF SEPTEMBER 15, 1998 PLANNING COMMISSION MEETING
20 MINUTES.
21 Motion by Kaczor, second by Makowske to approve the September 15, 1998 Planning
22 Commission Meeting Minutes with the following changes:
23 Page 5, line 6, change "Szurak" to "Seurek"
24 Page 6, line 31, insert "he thought"between "Wagner stated" and "Mr. Krier had not left the
25 City"
26 Motion carried unanimously.
27
28 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE CITY
29 COUNCIL.
30 Commissioner Horst agreed to attend the October 27, 1998 City Council meeting.
31 Comments from Doug Jones with regard to the storm water ordinance.
32 Bergstrom welcomed Doug Jones, 2505 Silver Lane,to address the Commission with his
33 comments on the proposed ordinance. He added Mr. Jones was unable to stay at the meeting
34 until this topic was addressed on the agenda.
35
36 Mr. Jones reviewed his comments on the proposed storm water ordinance.
Planning Commission Meeting Minutes
October 20, 1998
Page 2
1 "Purpose" -Mr. Jones.stated he believes the first sentence should be re-worded. Mr. Jones added
2 he would wish to add "to.reduce the surface water run-off and mitigate flooding in our
3 community by controlling surface water runoff on site when possible."
4
5 "Plan Review Procedure" -Mr. Jones stated he believes the Public Works Director should not.
6 make decisions with regard to commercial or industrial development, adding such items should
7 be reviewed by the City's surface water engineer or contracted engineering firm.
8
9 Mr. Jones stated concerned members of the community are unable to remain part of the process if
10 they are not notified of public hearings and meetings with regard to the storm water ordinance.
11 He added he would like a notification be sent to a representative of the Homeowner's
12 Association informing them of any public hearings for variances.
13
14 Mr. Jones stated, for example,the Association members were not notified of the review of the
15 Freedom gas station, and the community needs to be made aware so concerns can be addressed
16 before they become a problem.
17
18 "Landscape" - Mr. Jones stated it should be added that landscaping must be finished and
19 approved be the Public Works Director before.a project will be released, again citing the
20 Freedom gas station. He added he would wish a section under this heading for regulation of the
21 configuration of property to minimize surface water runoff.
22
23 '.'Duration" -Mr. Jones stated all written extensions should be subject to modifications made to
24 the storm water ordinance during the 1 year duration. He added if the ordinance is changed, all
25 legitimate extensions would be subject to the changes made to the ordinance by the City Council
26 and Planning Commission.
27
28 "Fees" -Mr. Jones stated a graduated fee schedule should be utilized instead of a flat fee of$150.
29 He added if a site plan modification triggered a review by surface water management-engineers,
30 fees would also be added.
31 .
32 "Design Standards" -Mr. Jones stated it is necessary to specify that proposed designs will meet
33 NERP standards.
34
35 "Definitions" -Mr. Jones stated there should be definitions added for"best management plan",
36 "detention basin", "shoreline zone" and "erosion". He added these definitions are available in the
37 Rice Creek Watershed District's water management plan.
38
39 Mr. Jones stated the Homeowner's Association members feel strongly that a recommendation
40 should be made to restrict the application of phosphorus fertilizers to lawns within the City. He
41 added that chemical lawn treatment companies must apply to the City for a working permit, and
Planning Commission Meeting Minutes
October 20, 1998
Page 3
1 the City could specify in the permit that phosphorus treatments would not be allowed.
2
3 Bergstrom thanked Mr. Jones for his comments, adding a memo had been received from WSB
4 that afternoon with their review of the draft ordinance.
5 VI. PUBLIC HEARING.
6 1. 98-10 Variance to Sideyard Setback at 3125 Roosevelt Street.
7 Kim Moore-Sykes introduced Mary Silberschmidt, 3125 Roosevelt Street,who has submitted a
8 request for a sideyard setback variance of two feet to allow for the extension of a proposed deck
9 that will connect with steps that already exist on the south side of her home and make them part
10 of the proposed deck. Currently,the cement steps are consistently used as egress and ingress
11 from a.door on this side of the house. They extend approximately 5 feet 6 inches from the
12 structure but are also 3 feet 6 inches into the sideyard setback. The steps are proposed to be
13 renovated and resituated to face east as part of the proposed deck project. There is a 7-foot
14 sideyard setback on this side of the house.
15
16 Ms. Silberschmidt's home was constructed in 1960, sixteen years before the City's Zoning
17 Ordinance was adopted.- She has indicated to Staff that the steps have not been repaired since
18 they were,constructed and as such are in need of repair. Her house,is situated facing west with
19 her kitchen on the south end and it is from the kitchen that the door opens onto the steps in
20 question.
21
22 There are two issues resultant from Ms. Silberschmidt's proposed plan to reconstruct these steps
23 so that they will be more usable and safer and to connect the steps to the proposed deck
24 construction project. The first issue concerns the reconstruction or repair of a nonconforming
25 structure. In this situation,the steps currently are partially situated in the sideyard setback.
26 Section 1660:02, Subdivision 1.,Existing Structure, of the City Ordinance states that no structure
27 used for a nonconforming use may be enlarged,extended, reconstructed, replaced or moved
28 except to change it to a conforming use. The steps are considered an allowed nonconforming
29 structure according to Section 1600.03 because they were in existence prior to the adoption of the
. 30 City's Zoning Ordinance. To be in compliance with the City's Ordinance, Ms. Silberschmidt has
31 the following options: she can reconstruct the steps to descend 2:5 feet from the house within a 2
32 foot space,which would create a more dangerous and less accessible exit or entrance to her
33 home; to renovate her kitchen so as to remove the door,thereby eliminating her ability to exit her
34 home from the south; or not use the door, again restricting an access or exit to her home.
35
36 While she stated she is interested in correcting the non-conforming situation that was created
37 when the City's Ordinance was approved in 1976, which placed her steps in the sideyard setback,
38 the above-stated options do not allow her to continue to use her property as it was originally
39 constructed or to its greatest use. Ms. Silberschmidt's inability to satisfactorily correct the
40 situation is,to some degree,the result of a hardship created by the adoption of the City's Zoning
Planning Commission Meeting Minutes
October 20, 1998
Page 4
1 Ordinance.
2
3 The second issue is that the proposed deck plan calls for the steps to be incorporated into the
4 design so that the end result is a deck structure that comes around to the side of the house to
5 connect with the steps. The property owner stated that this will provide continuity, accessibility
6 and usability of the steps and deck but this plan also requires a 2-foot variance, as the deck will
7 then extend into the sideyard setback as well.
8
9 Ms. Silberschmidt is requesting that her application for a variance to the City's Zoning
10 Ordinance be granted because the undue hardship was not created by her as the property owner,
11 but by the adoption of the Zoning Ordinance in 1976. By repairing the steps and making them
12 part of the proposed deck, she is trying to correct an extraordinary circumstance by reducing the
13 size of the steps by 1.5 feet,thereby mitigating the impact of the existence of a nonconforming
14 use. The property owner feels that by being asked to comply with the full extent of the
15 Ordinance, she would be unduly restricted in the use of her property.
16
17 No one contacted the City Staff to voice any objections or concerns.
18
19 Gondorchin stated he had driven by the property in question and it appears the proposed
20 construction has already been completed. He asked when the request for variance had been
21 made.
22
23 Ms. Moore-Sykes stated Ms. Silberschmidt stated she would not begin construction until the
24 variance was granted; however, due to weather concerns with regard to damage to materials and
25 constructing footings, City Staff suggested to Ms. Silberschmidt that she could construct the
26 proposed deck up to the sideyard setback and to be continued upon approval of the variance by
27 the City. She agreed it appeared the construction had been completed. She added the Building
28 Inspector had been made aware of the situation.
29
30 Bergstrom invited Ms. Silberschmidt to address the Commission, and answer questions.
31
32 Ms. Silberschmidt stated the building materials had been ordered before she learned a variance
33 would be necessary. She stated she asked City Staff whether the City would permit her to build
34 in the setback before the variance was granted, and she was informed the Building Inspector
35 would need to make that decision.
36
37 Ms. Silberschmidt stated the Building Inspector approved all the footings, including those within
38 the setback in question. She added she was acting in good faith but was under time.and weather
39 constraints. .She stated if the variance is not approved she will tear out the construction on the
40 sideyard setback.
41
Planning Commission Meeting Minutes
October 20, 1998
Page 5
1 Ms. Silberschmidt pointed out the new construction extends less distance into the setback than
2 the steps and shed which were there previously.
3
4 Wagner asked whether Ms. Silberschmidt had obtained a building permit,which would have
5 specified the need for a variance. Ms. Silberschmidt confirmed she had applied for a building
6 permit in September, at which time she began the variance request process.
7
8 Makowske asked whether other exits from the home exist. Ms. Silberschmidt stated there are 4
9 exits: from the west; into the garage; from the east; and from the south through the kitchen.
10 Makowske asked whether the property had any unusual grading or contours. Ms. Silberschmidt
11 stated there is a hill in the backyard.
12
ro; 13 Bergstrom asked whether Ms. Silberschmidt had spoken with her neighbors with regard to the
-" 14 proposed construction. Ms. Silberschmidt confirmed she had informed all of her neighbors of
5�
15 her plans with the exception of the neighbor affected by the variance, who was unreachable.
16 despite various attempts. Ms. Silberschmidt added she was able to stop this neighbor in her
17 driveway and requested her input, and the neighbor indicated her only concern was how the
18 setback variance would affect'the opinion of prospective buyers upon the resale of her house.
.. 19 Ms. Silberschmidt stated the neighbor indicated no concern of her own. Ms.-Silberschmidt
20 instructed her neighbor to contact the Planning Commission with any issues or concerns.
21
22 Wagner pointed out Ms. Silberschmidt's neighbor would have received a copy of the variance
23 request.
24
25 Bergstrom closed the public hearing at 7:36 P.M.
26
27 Bergstrom stated the request'seems consistent with the revitalization of housing stock which the
28 Planning Commission wishes to encourage. Wagner stated while the variance has a good chance
29 of being granted based on the information available, it was very unfortunate that Ms.
30 Silberschmidt commenced construction without waiting for the variance request to be granted.
31 He added the possible weather effects on construction materials was a not an acceptable reason
32 for noncompliance with the City's ordinance.
33
34 Ms. Silberschmidt stated the main cause for concern was the digging of the footings in cold
35 weather, and she had never indicated otherwise. Wagner agreed the contractor would not have
36 wanted to extend construction into November. He added the request for variance seems to be a
37 valid one.
38
39 Makowske asked whether the sideyard variance is limited to a particular point. Ms. Moore-
40 Sykes stated the variance applies to structure.
41
Planning Commission Meeting Minutes
October 20, 1998
Page 6
1 Horst stated there did not seem to.be malice of intent-as evidenced by Ms. Silberschmidt's
2 willingness to remove the construction if the variance was not granted.
3
4 Motion by Makowske, second by Kaczor to recommend approval to the City Council of the
5 setback variance of 2 feet to the property at 3125 Roosevelt Street as it will relieve undue_
6 hardship and is consistent with the revitalization of existing housing stock.
7 Motion carried unanimously.
8 Bergstrom stated the request will be recommended to the City Council for approval at their
9 October 27, 1998 meeting and encouraged Ms. Silberschmidt to attend that meeting. Wagner
10 reiterated that the City Council does not look favorably upon requests from residents who ignore
11 the need for permission before commencing construction.
12 VII. OTHER BUSINESS.
13 1. Report from the Parks Commission.
14 Bergstrom welcomed Paul Louiselle, Parks Commissioner,who reviewed the Parks
15 Commission's October 8, 1998 meeting at which the reconstruction of Silver Point Park was
16 discussed.- Mr. Louiselle stated Peter Willenbring, WSB, was in attendance at that meeting to
17 present WSB's recommendation of the removal of excavated material from Silver Point,Park
18 rather than stockpiling the material in Central Park as was previously discussed, due to cost
19 effectiveness.
20
21 Mr. Louiselle stated the stockpiling option represented a savings of$200,000 to the City;
22 however, additional costs would be incurred through damage repair to the parking lot and the
23 grading of the stockpiled material. He added these additional costs,together with the
24 inconvenience of the stockpile, drove the decision to remove the excavated material.
25
26 Mr. Louiselle stated WSB had received 9 bids, all from reputable contractors, and the
27 recommended bidder was Richard Knutson, Inc., for the Silver Point Park project.
28
29 Mr. Louiselle stated the Parks Commission will be designating a subcommittee to focus on the
30 selection of playground equipment for Silver Point Park.
31
32 Mr. Louiselle stated WSB had requested permission from the County to use Highway 88 for
33 excavation access to the park which would be less disruptive to residents near the park. He
34 added the request had been denied but the Parks Commission had been advised to resubmit their
35 request. Wagner confirmed the request for access to Silver Point Park from Highway 88 had
36 been approved by the County.
37
38 Bergstrom asked whether a construction schedule had been discussed. Mr. Louiselle stated
Planning Commission Meeting Minutes
October 20, 1998
Page 7
1 construction would begin in early November. Wagner stated the contract had been awarded and
2 construction would begin as soon as the contractor could start.
3
4 Kaczor asked whether the Parks Commission had any new information on the sale of the
5 Salvation Army camp. Mr. Louiselle stated the issue was discussed but no new information was
6 available. He added the Parks Commission recommended the utilization of the land for parks
7 expansion.
8 2. Review Comments from WSB and RCWD re: Erosion Control
9 Ms. Moore-Sykes stated the City Attorney's comments regarding the erosion control storm water
10 ordinance had been distributed to the Commission along with a memo from WSB with their
11 comments which had just been received from the City that day. She added a copy of the draft
12 ordinance had been forwarded to the Rice Creek Watershed District for their comments, but to
13 date no response had been received by the City.
14
15 Bergstrom stated the City Council has requested the Planning Commission arrive at a consensus
16 draft ordinance to be presented to the Council at the October 27, 1998 regular City Council
17 meeting. Bergstrom expressed his concern that the Commission would be pressed to arrive at a
18 consensus,before the Council meeting.
19
20 Ms. Moore-Sykes stated the first scheduled reading of the proposed ordinance is November 10,
21 1998 which is before the next Planning Commission meeting. She added Todd Hubmer, WSB,
22 indicated he would wish the ordinance to refer back to the storm water management plan in case
23 there are any alterations to the plan, and the memo from WSB reflects this recommendation.
24
25 Bergstrom reiterated it would be difficult for the Commission,having just received WSB's
26 comments,to arrive at a consensus before October 27, 1998. Ms. Moore-Sykes stated there will
27 be 3 readings of the proposed ordinance:November 10,November 24, and December 7. She
28 added the Commission's comments could be presented at the November 24 City Council meeting
29 before the 2nd reading of the proposed ordinance. .
30 .
31 Bergstrom asked whether there was a regulatory deadline for having the ordinance in place. Ms.
32 Moore-Sykes stated there is no such deadline. Wagner stated it was permissible to introduce
33 changes at the 2nd reading. He added he would wish to consider the points made by Mr. Jones.
34
35 Bergstrom stated he presented the Planning Commission's recommendations for the proposed
36 ordinance to the City Council 3 weeks ago, and at that time, Councilmember Cavanaugh
37 suggested the Planning Commission arrive at a consensus before presentation to the City
38 Council. He added this is an opportunity for the Commission to provide a substantive ordinance.
39
40 Gondorchin stated the phosphorus restriction issue is a difficult one. Horst stated lawn chemical
e'
Planning Commission Meeting Minutes
October 20, 1998
Page 8
L restrictions are not enforceable, and questioned the timing of accepting comments from Mr.
2 Jones earlier in the meeting. Bergstrom stated the Commission's meetings are public and such
3 input is welcomed.
4
5 Horst asked whether the upcoming public hearings would have been a more acceptable format,
6 adding the such comments delay process and diminish the function of the Commission.
7 Bergstrom disagreed, and stated such comments are solicited by City Staff. Ms. Moore-Sykes
8 confirmed that issues such as this are important to the community and such comments could
9 be incorporated into the proposed draft. She added Mr. Jones phoned the City Manager and
10 asked to be on the agenda.
11
12 Bergstrom asked whether a public hearing is required for a new ordinance. Ms. Moore-Sykes
13 stated the readings are public hearings, and are noticed in the City bulletin so residents who wish
14 to comment have 3 opportunities to do so.
15
16 Horst stated phosphorus free fertilizer products are available but limited. Bergstrom stated WSB
17 recommends finding out whether such products are available before recommendation to the City
18 Council. Gondorchin stated a no phosphorus policy is restrictive and not enforceable. .He added
19 it is not accurate to.say phosphorus is*the only cause of water problems in Silver Lake.
20 A question was raised by an audience member with regard to the appropriate forum for raising
21 questions with regard to the storm water ordinance. Bergstrom reiterated that the meetings are
22 open to the public and comments are welcome at any time. He added that 4 documents are now
23 in circulation regarding this issue: the Metropolitan Council's model ordinance; the Planning
24 Commission's memo to the City Council with its comments; the City Attorney's comments; and
25 WSB's memo of October 20, 1998.
26
27 Bergstrom stated the Planning Commission will attempt to combine all these documents into one
28 representative document to be presented for discussion at its next meeting.
29 VIII. COMMENTS.
30 Gondorchin thanked the Commissioners for their letters of support to the City Council in favor of
31 his reinstatement to the Commission.
32
33 Kaczor apologized for his late arrival at this evening's meeting. He stated he had noticed a
34 dumpster which was issued for the Smart Stop at 33rd and Stinson is outside every day. He
35 added the dumpster should only be out on garbage day in compliance with the dumpster permit.
36 Ms. Moore-Sykes agreed to look into the issue.
37
38 Kaczor asked whether any new information was made available to City Staff with regard to the
39 sale of the Salvation Army Camp. Wagner stated the Salvation Army is still investigating the
Planning Commission Meeting Minutes
October 20, 1998
Page 9
1 possibility of selling the land, and nothing can be done until the City knows whether the property
2 is available.
3
4 Makowske asked for clarification with regard to the current owners of Exhaust Pro. Ms. Moore-
5 Sykes stated the property is under lease from the owner to Mr. Brian Palmer who also runs a U-
6 Haul business from the property. She answered she believes the conditional use permit applies
7 only to the automotive repair portion of the business.
8
9 Thompson stated he was pleased to note Saturday bus service on Silver Lake Road had been
10 restored. He added a beautiful new home had been constructed in his neighborhood which
11 exemplifies the need for new homes on vacant lots.
12
13 Horst reminded the Commission of the November 5, 1998 meeting with Mr. Dick Krier from
14 6:30 - 9:00 P.M. He added the St. Anthony Shopping Center Merchant's Association had a
15 productive meeting with Mr. Krier on Monday October 19, 1998. Bergstrom encouraged the
16 Commission's attendance at the November 5, 1998 meeting with Mr. Krier.
17
18 Ms. Moore-Sykes reminded the Commission of the November 4, 1998 City Council worksession
19 at which Opus is scheduled to give an update on Apache Plaza.
20 IX. ADJOURNMENT.
21 Motion by Horst, second by Makowske to adjourn the meeting at 8:44 P.M.
22 Respectfully submitted,
23 Mary Mullen
24 Timesaver Off Site Secretarial, Inc.
STAFF REPORT
DATE: November 17, 1998
TO: Planning Commissioners
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Concept Review.for Lot Split, Lot Width and Lot Area
Variance Requests for 4008 Fordham Drive, David Sperry,
Buyer.
Staff have been asked by David Sperry if the City would consider splitting 4008 Fordham
Drive, which is 135 feet wide, into two lots, one that is 75 feet wide as required by the City
Ordinance and one that is 60 feet wide. The proposed 75-foot lot has an existing residential
structure and the resultant lot would be vacant. Mr. and Mrs. David Sperry, currently residing
in New Brighton, have a tentative purchase agreement with the owner, Arvid Johnson, to
purchase the lot that would be resultant if the City approved the split of 4008 Fordham Drive.
They are planning to build a $130,000 home for themselves on the resultant parcel.
The purpose of this concept review is for the Sperrys to meet with the Planning Commission to
discuss the proposed lot split and the-possibility of obtaining lot width and area variances for
the resultant parcel. Staff have met with Mr. Sperry twice to discuss lot coverage restrictions;
setbacks, especially sideyards; and lot area requirements.
Mr. Sperry was also concerned with the requirement to file the lot split and plat with the
County within 30 days of the City's approval. . He stated that if the Planning Commission and
City Council approve his subdivision and variance applications, the closing won't be scheduled
until June 1, '1999.
® BA Mirtelsteadt,P.E.
350 Westwood Lake Office Bret A Weiss,P.E.
Peter n d W.Stern P.E.
8441 Wayzata Boulevard g.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800
&Alssoc[ates,Inc. FAX 541-1700
Memorandum
To: St.Anthony Village Planning Commission
C. Mike Mornson, City of St.Anthony
Jay Hartman, City of St.Anthony
From: Todd Hubmer,P.E.
WSB&Associates
Date: October 20, 1098
Be: Review of the City's Draft Ordinance 1998-010
Regarding Stormwater Management Practices I
WSB Project No. 1065.14
As requested,we have reviewed the proposed Stormwater Management Ordinance which the City
is adopting as required by the Metropolitan Council to approve the City's Comprehensive Plan. The
City recently adopted a Comprehensive Water Resource Management Plan,which addresses several
of the specific conditions within the Stormwater Ordinance. Attached please find the goals and
policies section of this plan. In an effort to maintain consistency and to avoid redundancy in City
policy,we suggest that the Stormwater Management Plan be referenced by the ordinance in several
sections.
We recommend the following changes to the Stormwater Management Ordinances:
See 1675.04, Sub.5: Replace"basis"with"basin".
See 1675.05, Sub. 1: Replace "to allow land disturbing-activities must submit.a. Stormwater
Management Plan to Public Works Director with"which disturbs three or more acres of land or for
projects required by the Public Works Director, which disturb less than three acres of land; must
submit a Stormwater Management Plan to the.Publia Works Director".
Note: The above language will allow the City discretion for small projects which
occur on residential property(i.e. deck,garage,patio....projects).
See 1675.06, Sub.2 (a) 4: Delete all text following the.word"site".
See 1675.06,Sub.2 (a) 6: Delete all text following the word`.`proposed".
See 1675.06, Sub. 2 (a) 8: Replace"plans"with"plains".
FAWP W M 1065.171102098-memo.wpd
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
October 20, 1998
Page 2
Sec 1675.06,Sub.2 (b)3: Delete.the letter"s"from construction(s).
Sec 1675.08, Sub.2: Delete"appropriate"in the phrase"or other appropriate controls".
Sec 1675.08, Sub. 6 (a): Replace"rates"with"velocity".
Note: The previous memo by the Planning Commission recommends changing 0.5
ft/sec. to 0.5 cu.ft./sec. The reference to 0.5 ft/sec. is correct with the above
correction.
Sec 1675.08, Sub. 7: Replace sub-parts a, b, c, and d with"Stormwater Management criteria for
permanent facilities shall be in conformance with the City's Comprehensive Water Resource
Management dated June 1997".
Sec 1675.08,Sub.8:Delete existing text,replace with"Stormwater detention facilities constructed
in the City of St.Anthony shall be designed in conformance with the City's Comprehensive Water
Resource Management Plan dated June 1997".
Sec 1675.08, Sub. 9: Delete all parts and sub-parts and insert"Wetlands shall be maintained and
protected in conformance with the City's Comprehensive Stormwater Management Plan date June
1997".
Sec 1675.08, Sub. 11: Insert"When deemed necessary by the Public Works Director, ....".
Sec 1675.08, Sub. 12: Insert"When deemed necessary by the Public Works Director, ....".
Sec 1675.08, Sub. 13: Replace "have a plan of operation and maintenance that issues continued
effective removal of pollutants carried in stormwater runoff. The Director of Public Works, or
designated representative, shall inspect all stormwater management facilities during construction,
during the first year of operation, and at least once every five years thereafter. Inspection records
will be kept on file at the Public Works Department for a period of six years"with"be inspected and
maintained in accordance withthe City's Comprehensive Stormwater Management Plan dated June
1997".
Section 9: Replace"Section 9" with"1675.09".
i
Section 10: Replace"Section 10" with"1675.10".
Section 11: Replace"Section 11" with"1675.11".
Section 12: Replace"Section 12" with"1675.12".
F:\WPWIN\1065.17\102098-memo.wpd
October 20, 1998
Page 3
Section 13: Replace"Section 13"with"1675:13`'.
The proposed lawn fertilizer regulations contained in the ordinance have been adopted by other
municipalities within the Twin Cities Metropolitan area. However, should the City decide to
implement an ordinance which restricts phosphorous within the community,it is recommended that
the City contact local fertilizer distributors to. determine the reasonableness and availability of
fertilizer which meets the regulations contained within this ordinance. It is our concern that residents
may not be able to comply with the ordinance if fertilizer matching the fertilizing criteria is not
readily available.
If you have any questions.please feel free to contact me at 541-4800.
sm
FAWPW 81065.1'7\102098-memo.wpd
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-DORSEY & WHITNEY LLP
MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK
WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER
LONDON MINNEAPOLIS;MINNESOTA 55402-1498 SEATTLE -
BRUSSELS - TELEPHONE: (612) 340-2600
_ - FARGO.
HONG KONG FAX: (612) 340-2868
BILLINGS
DES MOINES
ROCHESTER William R. Both MISSOULA
(612)340-1969
COSTA.MESA Pax (612) 340-7800 GREAT FALLS
aoth.villiam®dormaylar.aom
October 16, 1998
Mr. Michael J. Morrison
City Manager
City of St.Anthony
3301 Silver Lake Road
St.Anthony, MN 55418
Re: Storm Water Management Ordinance
Dear Mike:
Enclosed is my redraft of the proposed ordinance relating to storm water management.
Based on our discussions,I reviewed the initial draft you sent to me and made changes to it to
conform it to our usual ordinance format and to further edit it.
I found the draft to be quite verbose and detailed, and tried to edit it to the extent I could
as I went through it. For your reference,I am also enclosing a copy on which the changes from
the previous draft are noted.
I also call your attention to the fact that this is currently drafted as an amendment to the
zoning ordinance. This is probably appropriate, since it does deal with land use. If you wanted
to keep it out of the zoning ordinance,however, it could go in Chapter 4,which also deals with
storm water facilities. If it were in Chapter 4, it could be amended without public hearings and
waivers of the requirements would not require a zoning-type variance procedure. As you know,
if it is in the zoning ordinance any amendment requires a public hearing and a four-fifths vote of
the Council.
If you have any questions or comments on this,please give me a call.
Very urs,
111iam R. Soth
WRS/ms
Enclosures
i
CITY OF ST.ANTHONY
ORDINANCE 1998-00
AN ORDINANCE RELATED TO STORM
WATER
MANAGEMENT Pp, TIE£-S: AMENDING CHAPTER 16 OF THE CITY CODE BY
ADOPTING A NEW SECTION
The City Council of the City of St. Anthony hereby ordains:
Section 1. Chapter 16, Zoning and Land Use,is amended
by adding a new Section 1675, Storm Water Nfanagem to read as follows:
SECTION 1675 - STORM WATER MANAGEMENT
1675.01 Statutory Authorization. This ordinance Section is adopted pursuant to Minnesota
Statutes tion 462.351, according to the 1990 federal census. Sections 462.351 through
462.365.
1675.02 Findings. The City of St.26mthony hereby finds that uncontrolled and inadequately
planned use of wetlands,woodlands, natural habitat areas,areas subject to soil erosion and areas
containing restrictive soils,adversely affects the public health, safety and general welfare by
impacting water quality and contributing to other environmental problems, creating nuisances,
impairing other beneficial uses of environmental resources and hindering the ability of the City to
provide adequate water, sewage,flood control, and other eon=unity services. in addition,
extraordinary public expenditures may be req*ed fbr the protection of persons and property-in
such areas and in areas vvifich may be m1cfected by tuiplanned land . services.
1675.03 Putpose. The purpose of this ordinance is Section is to address the findings in Section
1675.02 and to promote,preserve and enhance the natural resources within the City of8t:
Anthony m froin adverse effects 4 1--- fly sited development
incompatible activitie I s by regulating land disturbing or development activities that would have
an advetse and potentially irreversible inTact on water qtrdity and unique and fragile
land disti mrib ing and development activities and water qttality and environmentally sensitive lands;
and by iequiring detailed review standards andFrocedures fbr!and disturbing ot developme
activities p.,oposed fbr such areas,thereby aeMeving a balance betvveen urban grovy th an
development and protection of Yvater qttality and natural areas.
1675.04 Definitions. For the purposes of this wee Section,the following terms,phrases,
words, and their derivatives shall have the meardng stated below. Ifflien not inconsistent with the
tense,context, imp-rds used in the present tense include the future words in the pitzraintunber
directive.include the shigtdar rrmnb6r, and words in the singular number include the plural ntmiher. The
woLd "shaH" is always mandatory and not merely meanings stated below.
Applicant. Any person who wishes to obtain a building permit, zoning or subdivision
approval.
Control measure. A practice or combination of practices to control erosion and
attendant pollution.
3-Detention facility. A permanent natural or man-made structure, including wetlands, for
the temporary storage of runoff which contains a permanent pool of water.
Flood fringe. The portion of the flood plain outside of the flood way.
5:Flood plain. The areas adjoining a watercourse or water basis that have been or may be
covered by a regional-flood.
Cr. Flood way. The channel of the watercourse,the bed of water basins, and those portions
of the adjoining flood plains that are reasonably required to carry and discharge flood
water and provide water storage during a regional flood.
3-Hydric soils. Soils that are saturated, flooded, or ponded long enough during the
growing season to develop anaerobic conditions in the upper part.
+Hvdroph, is vegetation. Macrophytic plant life growing in water, soil or on a substrate
that is at least periodically deficient in oxygen as a result of excessive water content.
Land disturbing or development activities. Any change of.the land surface including
removing vegetative cover,excavating, filling, grading, and the construction of any
structure.
+fr Person. Any individual,firm,corporation,partnership,franchisee, association,or
governmental entity.
Plan A storm water management plan governed by this Section.
i+Public waters. Waters of the state as defined in Minnesota Statutes Section
103G.005, subdivision 15.
-i-:Regional flood. A flood that is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of a 100-year recurrence interval.
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+3-Retention facilitX. A permanent natural or man made structure that provides for the
storage of storm water runoff by means of a permanent pool of water.
+4 Sediment. Solid matter carried by water, sewage, or other liquids.
+5-Structure. Anything manufactured,constructed or erected which is normally attached . .
to or positioned on land, including portable structures, earthen structures,roads,parking
lots,and paved storage areas.
This Section. This Section 1675.
•1.6:Wetlands. Lands transitional between terrestrial and aquatic systems where the water
table is usually at or near the surface or the land is covered.by shallow water. For
purposes of this definition,wetlands must have the following three attributes:
(a) have a predominance of hydric soils;
(b) are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for
life in saturated soil conditions; and
(c) under normal circumstances support a prevalence of such vegetation.
1675.05 Scope and Effect.
Subd. 1 Apnlicbilijy. Every applicant for a building permit, stibdivision appi oval,
perinit to allow 1=d disturbing activities must subnrit a storm weer rn=ageme must
submit a plan to the Public Works Director: No building permit, subdivision approval,
or permit to allow land disturbing activities shall be issued until approval of the storm
plan or a waiver of the approval requirement has been obtained in
strict conform=ce with the provisions of tbds ordinance. Th . . of Section 9-of
this ordinance apply to all imid;public or private,loe ted witl;hi the 6ity of St. Antho
under this Section.
Subd. 2 Exemptions. The provisions of this Section do not apply to fences,sign or
poles or emergency work, or to the following items if approved '
apply too
a)Any part of a stibdivision if 6 plat for the stibdivision has been approved by the eity 60==
on of before the effective date of this
Section:
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(a) Any part of a subdivision approved by the City Council before the effective
date of this Section.
fib) Any land disturbing activity for which plans-have been approved by the watershed
management organization within six ritorfflis prior to the effective.date�f t1lis
prdirrance:
_(c) A lot for which a building permit has been approved on or before the effectivC,
date of this ordinancc..
d)fnstallation of fence,sign,telepix/ne,and electric poles and other kinds of posts or poles.
e)Emergeney work to pioteet life, , or property:
zequireLnent of this ordinance upon ino ing a finding that complimice with th
xeqtnreinera will irrvolve an turiecesmsy hardship mid the waiver of such requftement will no
dedicate or coratruct asinay be necessary to Mequately meet�aid standards and Lequirements
i6?5.06 Stonn Water Management 1675.06 Plan Approval Procedures.
Subd. 1 Application. A written application f6i stoini water rnmiagernent p1mi approval,
plan,along with Idie proposed storm wate, management Any plan and an application
for its approval shall be filed with the Public Works Director and shaf! include a
statement indicat . It must state the grounds Uport whi6h for approval is requested,
that the proposed use is permitted by right or as an exception in the tmderlying zoning
district the zoning ordinances, and adequate evidence showing that the proposed use
will conform to the standards set fbrdi in this oidinance. Prior to applying&r aMLO'Val Of
a StOLM water management p! this Section. Prior to applying, an applicant may have
the stoini water management plaw plan reviewed by the appropriate departments.of the
City.
Two The applicant must submit two sets of clearly legible blue or black lined eopiesaf
drawings andieqt�Ted itfforination shall be acconTanied by a receipt from the Finane
Director evidencing the payment of all required fees for processing and approval as set
fbrth in Section 1675.v 1 in the amount to be calculated in aceordance with he Sec"_"'
DLawffigs shall be prepared to a scale appropriate to the site of the projeet and suitable fbr
the review to be perfbrined. At ainininitun the scale shaH be 1 inch equals i 00 feet.
drawings in appropriate scale (not less than 1 inch equals 100 feet) and the required
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additional information with,evidence of payment of all fees required under Section
67� 5.07.
Subd. 2 Plan. At a minimum, the sfiarnrwater
agenrent plan shall contain the.following information.
(a) Existing site map. A map of existing site conditions showing the site and
immediately adjacent areas, including:
(1) The name and address of the applicant, the section,township and range,
north point, date and scale of drawing and number of sheets.
(2) Location of the tract by an insert map at a scale sufficient to clearly
identify the location of the property and giving such information as the
names and numbers of adjoining roads,railroads,utilities, subdivisions,
towns and districts or other landmarks.
(3) Existing topography with a contour interval appropriate to the topography
of the land but in no case having a contour interval greater than 2 feet.
(4) A delineation of all streams,rivers,public waters and wetlands located on
. . . and immediately adjacent to.the site, including depth of water, a
description of all vegetation which may be found in the water, a statement
of general water quality and any classification given to the water body or
wetland by the Minnesota Department of Natural Resources,the
Minnesota Pollution Control Agency, and/or the United States Army
Corps of Engineers.
(5) Location and dimensions of existing storm water drainage systems and
natural drainage patterns on and immediately adjacent to the site
delineating in which direction and at what rate storm water is conveyed
from the site, identifying the receiving stream, river,public water, or
wetland, and setting forth those areas of the unaltered site where storm
water collects.
(6) A description of the soils of the site, including a map indicating soil types
of areas to be disturbed as well as a soil report containing information on
the suitability of the soils for the type of development proposed and for-the
type of sewage disposal proposed and describing any remedial steps to be
taken by the developer to render the soils suitable.
(7) Vegetative cover and clearly delineating any vegetation proposed for
removal.
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(8) 100 year flood plans, flood fringes and flood ways.
(b) Site construction plan. A site construction plan, including:
(1) Locations and dimensions of all proposed land disturbing activities and
any phasing of those activities:
(2) Locations and dimensions of all temporary soil or dirt stockpiles.
(3) Locations and dimensions of all constructions site erosion control
measures necessary to meet the requirements of this ordinanee Section.
(4) Schedule of anticipated starting and completion date of each land
disturbing activity including the installation of construction site erosion
control measures needed to meet the requirements of this ordinance
Section.
(5) Provisions for maintenance of the construction site erosion control
measures during construction.
lcl Drawing of final site conditions. A plan drawing of final site conditions
on the same scale as the existing site map showing the site changes
including:
(1) Finished grading shown at contours at the same interval as provided above
or as required to clearly indicate the relationship of proposed changes to
existing topography and remaining features.
(2) A landscape plan,drawn to an appropriate scale,including dimensions and
distances and the location,type, size and description of all proposed
landscape materials which will be added to the site as part of the
development.
(3) A drainage plan of the developed site delineating in which direction and at
what rate storm water will be conveyed from the site and setting forth the
areas of-the site where storm water will be allowed to collect.
(4) The proposed size,alignment and intended use of any structures to be
erected on the site.
.(5) A clear delineation and tabulation of all areas which shall be paved or
surfaced, including a description of the surfacing material to be used.
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(6) Any other information pertinent to the particular project which in the
opinion of the applicant is necessary for the review of the project.
1675.07. Plan Review Procedure. .
Subd. 1. Process.. Stozm water mmiagenient pianos Rim meeting the requirements_ of
Section 1675.06 shall be submitted by the Public Works Director to the Planning
Commission for review in under Section 1675.08. The
Commission shall recommend approval,recommend approval with conditions, or
recon=end derzW of the storm water management p! denial. Following Planning
Commission action,the storm water management plan shall be submitted to the City
Council at its next available meeting. City council Council action on the st6rm-water
management plan must be accomplished within 120 days following the date the
application€arappraval is filed with the Public Works Director.
Subd. 2. Duration. Approval of a plan submitted tuider the piovisions of this ordinance
shall expire one year after the date of approval unless construction has commenced in
accordance with the plan. „ unless the
applicant makes a written request to the Public Works Director for an extension of time to
commence constiuctio setting forth the reasons for it. The
Public Works Director shall make a decision on the extension within 30 days_. The
Public Works Director may grant one extension of not.
Receipt of any request for aft extension shaH be acknowlefted by the Public Wor
Director within 15 days. 9Fh%-.1 P�blic Works Dkeetor shali make a decision oi
more than 12 months. Any plan may be revised in
the same manner as originally approved.
Subd. 3. Conditions. A storin water managetnelit plan may be approved subject to
contained in ffihs ordinwice ate me conditions related to the requirements of this
Section. Such conditions may, among other matters, limit the size,kind or character of
the proposed development,require the construction of structures;drainage facilities,
storage basins and other facilities,require replacement of vegetation, establish required
monitoring procedures, stage the work overtime over time,require alteration of the site
design to insure buffering, and require the conveyance to the City or other
public entity of certain lands or interests therein.
Subd.4. Security. Prior to approval
plan,the applicant shall submit execute an agreement twin form acceptable to the
Council to construct suer any_required physical improvements,to dedicate property or
easements,ox to comply with such conditions been agreed to. Sucli
agreement shall be aeeonrpwiied by a bond to eover�flre ainowit of the established eost o
complying with the agreentent. The agreement and bond shall guarantee completion an
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conTliance with conditions wiflin a specific time,which time may be extended in
situ Section 1675.0?, Str and to comply with any required conditions
The agreement must be accompanied by cash or a letter of credit in form and
amount determined by the Council sufficient to secure performance of the
applicant's obligations.
Subd. 5. Fees. All applications for storm water managen=zt plan approval shall be
accompanied by a processing and approval fee of$150.00.
1675.08 Approval Standards.
Subd. 1. No stonn wateL management p1mi whigh&iIs to meet tile Requirements The
standards contained in this Section shaIt ve approved must be met to the degree
Muired by the City Council.
Subd. 2. Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters,upflow chambers,hydro-calcines, swirl
concentrators or other appropriate controls as appropriate. Water may not be discharged
in a.manner that.causes corrosion or flooding of the site or receiving channels or a
wetland.
Subd. 3. Waste and material disuosal. All waste and unused building materials
(including garbage, debris,cleaning wastes,wastewater,toxic materials or hazardous
materials)shall be properly disposed of off-site and not allowed to be carried by runoff
into a receiving channel or storm sewer system.
Subd. 4. Tracking. Each site shall have graveled roads, access drives and parking areas
of sufficient width and length to prevent sediment from being tracked onto public or
private roadways. Any sediment reaching a public or private road shall be removed by
street cleaning(not flushing)before the end of each workday.
Subd. 5. Drain inlet protection. All storm drain inlets shall be protected during
construction until control measures are in place with a straw bale, silt fence or equivalent
barrier meeting accepted design criteria, standards and specifications contained in the
MPCA publication."Protecting Water Quality in Urban Areas".
Subd. 6. Site erosion control. The requirements of this
subdivision apply only to construction activities that result in runoff leaving the site.
(a) Channelized runoff from adjacent areas passing through the site shall be diverted
around disturbed areas, if practical. Otherwise,the channel shall be protected as
described below. Sheetflow runoff from adjacent areas greater than 10,000 square
feet in area shall also be diverted around disturbed areas,unless shown to have .
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resultant runoff rates of less than 0.5 ft./sec. across the disturbed area for the one
year storm. Diverted runoff shall be conveyed in a manner that will not erode the
conveyance and receiving channels.
(b) All activities on the site shall be conducted in a logical sequence to minimize the
area of bare soil exposed at any one time.'
(c) Runoff from the entire disturbed area on the site shall be controlled by meeting
either subsections 1 and 2 or 1 and 3.
(1) All disturbed ground left inactive for€atuteerr 14 or more days shall be
stabilized by seeding or sodding (only available prior to September 15)or
by mulching or covering or other equivalent control measure.
(2) For sites with more than ten 1Q acres disturbed at one time, or if a channel
originates in the disturbed area,one or more temporary or permanent
sedimentation basins shall be constructed. Each sedimentation basin shall
have a surface area of at least onepereent 1°L of the area draining to the
basin and at least three feet of depth and constructed in accordance with
accepted design specifications. Sediment shall be removed to maintain a
depth of three feet. The basin discharge rate shall also be sufficiently low
as to not cause erosion along the discharge channel or the receiving water.
(3) For sites with less than ten 1_0 acres disturbed at one time, silt fences,
straw bales, or equivalent control measure shall be placed along all side
slope and downslope sides of the site. If a channel or area of concentrated
runoff passes through the site, silt fences shall be placed along the channel
edges to reduce sediment reaching the channel. The use of silt fences,
straw bales, or equivalent control measure must include a maintenance and
inspection schedule.
(d) Any soil or dirt storage piles containing more than ten 30 cubic yards of material
should not be located with a downslope drainage length of less than 25 feet from
the toe of the pole to a roadway drainage channel. If remaining for more than
seven days;they shall be stabilized by mulching, vegetative cover,tarps or other
means. Erosion from piles which will be in existence for less than seven days.
shall be controlled by placing straw bales or silt fence barriers around the pile.
In-street utility repair or construction soil or dirt storage piles located closer than
25 feet of a roadway or drainage channel must be covered with tarps or suitable 1
alternative control, if exposed for more than seven days, and the storm drain inlets
must be protected with straw bale or other appropriate filtering barriers.
Subd. 7. Storm water management criteria for permanent facilities. E
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(a) An applicant shall install or construct, on or for the proposed land disturbing or
development activity,all storm water management facilities necessary to manage
increased runoff so that the two year,ten 12 year, and 100 year storm peak
discharge rates existing before the proposed development shall not be increased
and.accelerated channel erosion will not occur as a result of the proposed land
disturbing or development activity. An applicant may also make an in-kind or
monetary contribution to the development and maintenance of community storm
water management facilities designed to serve multiple land disturbing and
development activities undertaken by one or more persons, including the
applicant.
(b) The applicant shall give consideration to reducing the need for storm water
management facilities by incorporating the use of natural topography and land
cover such as wetlands,ponds,natural swales and depressions as they exist before
development to the degree that they can accommodate the additional flow of water
without compromising the integrity or quality of the wetland or pond,
(c) The following storm water management practices shall be investigated in
developing a stonn wateL managernent plan in the following descending order of
preference:
(1) Natural infiltration of precipitation on-site;
(2) Flow attenuation by use of open vegetated swales and natural depressing;
(3) Storm water retention facilities; and
(4) Storm water detention facilities.
(d) A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in subsection a)above a of this
subdivision. Justification shall be provided by the applicant for the method
selected.
Subd. 8. Design standards. Storm water detention facilities constructed in the City of
2knthoriy shall be designed according to the most current technology'as reflected in the
MPCA publication"Protecting Water Quality in Urban Areas", and shall contain,at a
minimum,the following design factors:
(a) A permanent pond surface area equal to two Vereeat Vlo of the impervious area
draining to the pond or orrepereent 11/6 of the entire area draining to the pond,
whichever amount is greater;
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(b) An average permanent pool depth of four to ten 10 feet;
(c) A permanent pool length-to-width ration of 3:1 or greater;
(d) A minimum protective.shelf extending ten feet into the permanent pool with a
slope of 10:1,beyond which slopes should not exceed 3:1;
(e) A protective buffer strip of vegetation surrounding the permanent pool at a
minimum width of ,
6.5 feet;
__(f) All storm water detention facilities shall have a device to keep oil, grease, and
other floatable material from moving downstream as a result of normal
operations;
(g) Storm water detention facilities for new development must be sufficient to limit
peak flows in each subwatershed to those that existed before the development for
the 10 year storm event. All calculations and hydrologic models/information used
in determining peak flows shall be submitted along with the meter
nimiagement plan;
(h) All storm water detention facilities must have a forebay to remove coarse-grained
particles prior to discharge into a watercourse or storage.basin.
Subd. 9. Wetlands.
(a) Runoff shall not discharged directly into wetlands without resettlement of the
runoff.
(b) Wetlands must not be drained or filled, wholly or partially,unless replaced by
restoring or creating wetland areas of at least equal public value. Replacement
must be guided by the following principles in descending order of priority:
(1) Avoiding the director indirect impact of the activity that may destroy or
diminish the wetland;
(2) Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) Rectifying the impact by repairing,rehabilitating, or restoring the affected
wetland environment;
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(4) Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the activity; and
(5) Compensating.for the impact by replacing or providing substitute wetland _
resources or environments.
Subd. 10. Steep slopes. No land disturbing or development activities shall be allowed on
slopes of 18 pereentL or more.
Subd. 11. Catch basins. All newly installed and rehabilitated catch basins shall be
provided with a sump area for the collection of coarse-grained material. Such basins shall
be cleaned when they are half filled with material.
Subd. 12. Drain leaders. all newly constructed and reconstructed buildings will route
drain leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow
rate of water exiting the leaders shall be controlled so no erosion occurs in the previous
areas.
Subd. 13. Inspection and maintenance. All storm water management facilities shall be
designed to *ninimi e the need of maintenance,to provide access for maintenance
purposes and to be structurally sound. All storm water management facilities shall have a
plan of operation and maintenance that assures continued effective removal of pollutants
carried in storm water runoff. The Director of Public Works,-or designated
representative, shall inspect all storm water management facilities during construction,
during the first year of operation, and at least once every five years thereafter. The
inspection records will be kept on file at the Public Works Department for a period of six
years. It shall be the responsibility of the applicant to obtain any necessary easements or
other property interests t allow access to the storm water management facilities for
inspection maintenance purposes.
Subd. 14. Models/methodologies/computations. Hydrologic models and design
methodologies used for the determination of runoff and analysis of storm water
management structures shall be approved by the Director of Public Works. Plans,
specification and computations for storm water management facilities submitted for
review shall be sealed and signed by a registered professional engineer. All computations
shall appear on the plans submitted for review, unless otherwise approved by the Director
of Public Works.
Subd. 15. Watershed management_ plans/Ground water management_ plans. Storm water
management plans Plans shall be consistent with adopted watershed management plans
and groundwater management plans prepared in accordance with Minnesota Statutes
Section 103B.231 and 103B.255 respectively, and as approved by the Minnesota Board of
Water and Soil Resources in accordance with the state law.
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Subd. 16. Easements. If a stoniz water mmiagetne plan involves direction of some or 7
all runoff off of the site, it shall be the responsibility of the applicant to obtain from
adjacent property-owners any necessary easements or other property interests concerning
flowage of water.
Section 9.
At Of this ordirtange
Section 10.-Other Controls. In the event of any conflict between the provisions of this ordinance
Section and the provisions of mtrol or shorel=d prote any other ordinance
adapted by, of the City veil,the more restrictive standard prevails.
Section+l-10. SeverabilitX. The provisions of this wee Section are severable. If any
provision of this ordinance Section or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications.of this ordinanee
Section which can be given effect without the invalid provision or application.
Section+2 1 L Effective Date. This ordinance shall be effective date of its publication.
First Reading:
Second Reading:
Adopted':
Mayot
Mayor:
ATTEST:
City Clerk
Publish.Published in St. Anthony Bulletin on: , 199
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CITY OF ST.ANTHONY
STREET LIGHTING POLICY AND PROCEDURES
City Policy
Before the City will approve the installation and assume the operating costs of a street
light,one of the following criteria must be met regarding the location of any proposed
street light.
1. Intersections:i.e.,where any two streets intersect.
2. Cul-de-sacs or other dead end street locations.
3. Hills,curves,or other conditions which creatWVhe a hill or curve blocks out
hazards. This normally occurs in a situatio n
visibility of a street light in either direction.
4. Mid-block locations where the block is longer than the normal.block. This
usually occurs in those blocks that are over 800 feet in length.
y
5.' Areas where there has been a problem with vandalism or other crime. Usually
this occurs adjacent to railroad tracks or other areas where the potential for
vandalism is high. Information is requested from the Police Department on
the number of crime cases that are reported in the area of the street light
request(vandalism,burglary,etc.).
It should be noted that the only way in which alleys may qualify for a street light is under
criterion No. 5.
Administrative Procedures
All requests for the installation of street lights should be in writing. Once such a request
is received the following procedure is followed:
1. Physical review of the site of the proposed light location.
2. Review of City policy to determine if the proposed site is in agreement with
the policy.
policy,a request is sent to Northern
3. If the request is in conformance NS�tphen do a physical review of the site
States Power Company(N )
to determine if the light can be installed without cost to the City. Installation
' is usually free of charge if there is easy access to a service point and/or an
z
City of St.-Anthony
Street-Lighting Policy and Procedures
page 2
existing pole. If the light meets the criteria,the City will assume the :
installation/operating costs. The NSP Street Light Coordinator will perform
the site review. The request need not be made in writing; a phone call is
adequate. NSP will reply in writing and enclose a map of the proposed site
indicating a possible location. City staff will contact NSP.
4. If installation of the light can be done at no charge to the City,the"Street
Light Approval Form"is sent to the residents requesting the light. On this
form,the owner of the property on which the light will be placed and the
abutting property owners must give their approval to the location of the
proposed street light. Usually four to six signatures are required,depending
on the site. If all of the abutting property owners do not approve the proposed
location,the light cannot be installed.
5. If any assessments to properties affected are proposed to be levied, a public
hearing must be held unless the property owners waive their right to this
procedure.
6. When the"Street Light Approval Form"is returned to the City with all
appropriate signatures, a written request is sent to NSP for the installation of
the proposed street light. The address for doing so is Northern States Power
Company, Street Lighting Coordinator, 1518 Chestnut Avenue North,
Minneapolis,Minnesota 55403. NSP will place the request on their work
schedule and install the light at their earliest convenience. City staff will
make this request if the conditions warrant approval.
In the event that a request for a street light must be denied,the person making the request
shall be.informed of two possible alternatives.
1. NSP can install a light free of charge,if there is a close service point;but will
charge the residents for the operation costs. The operating costs'are
approximate$7.00 a month. However,NSP will mail only one bill to one
property owner and a three-year contract must be signed.
2. Abutting property owners may petition the City asking that they be assessed
for all costs of the light through special assessment. The City will then
arrange for the installation of the proposed light.
10/98
. ain res
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881. FAX -(612) 781-9323 .
,Street Light Annroval Form
The undersigned being the owners of property abutting the proposed street light at
do hereby give consent to the installation of a street light at the same location.
Name:
Name:
Name:
Address: Address:
Name: Name:
Address: Address:
Name: Name:
Address: Address:
Please return to:
Jay Hartman
Director of Public Works
City of St.Anthony
3301 Silver Lake Road
� - St.Anthony,MN 55418
November 4, 1998
To: Mike Mornson
From: . Dennis M. Cavan P.
Item: Code Enforcement Report - 1998 Undated
Comments :
I recommend that the report be forwarded to the Planning
commission for possible code changes .
Is the fire department charged with enforcing the code as
approved by the City Council or do they have latitude to
change the policy at will .
Parking: Sons are not mentioned in any City code .
1650 . 05 subd. l . (h) states any7 parking area or access
drive constructed in any zoning .district. after May 1, 1987
must be paved with- either asphalt or doncrete . . The section
does not say only wheels . must be on asphalt, etc.
Signs : Garage signs on the right-of-way for 2 days .
Section 1400 . 08 Signs Requiring no Permit . Garage sales or
similar events erected on private property with permission
for not more than 3 consecutive days .
Trash: the code makes no exceptions for the health or
motivation of the individual property owners . Compliance
is not -a once a year window of opportunity. In the 1998 .
Residential' Survey Code/Ordinances not being enforced at
the right level, 32% said yard maintenance was under
enforced.
Lawn Cover: The Planning commission should review the
practice of Natural habitat and wildflowers to -see if
this practice can get out of hand.
Public right-of-way:The code says 15 feet and this was
determined by some deliberation so as not to unnecessarily
complicate the issue . If the new enlightened method has
merit, the Planning commission should consider appropriate
changes. Until changed., .. 15 feet should be used
The 1998 Residential Survey as to Code Enforcement had the
following statistics : 69% about right, 9% to exacting, 100
not rigorous, 1 varies, 10 unsure .
I would request a response to the following apparent
violations on included in the report :
BN Credit Union selling Used cars a nonconforming use .
What do we need to do to stop this practice?
2608 27th Ave . Car in. yard
2524 27th Ave . Expired tabs 9-91
2424 27th Ave Fence and weeds
2416 27th Ave . Expired tabs 9-98, No garage door,
trash in driveway
2616 Pahl Boat in yard on grass
2 914 2 9th Ave Expired- Tabs
2837 Coolidge truck no plates
2700 Hilldale Tabs
2912 33rd Ave . Truck on grass
2905 33rd Ave . Grass
3540 Roosevelt 2 trucks on grass
3629 Roosevelt tar bucket in yard
Pizza Hut Weeds, building falling down, construction
Material & Equipment, Trash, 1 maybe two
Trucks with expired tabs
New Market Weeds
Hardees Junk, property being used to sell cars
3208 39th Ave Junk and house needs serious maintenance .
3304 39th Ave Tabs
Amoco landscaping slowly going. Is unattended
Service station a permitted use
3503 Edward St . Fence in front yard, greater than 4 feet .
3525 .or 3529 Roosevelt St . Tabs?
Sunset Cemetery This problem probably comes from the
shopping Center, Town and Country would send people over
to clean the paper.
In addition, could the report be organized around the
categories used by Larry Hamer.
0
CODE ENFORCEMENT REPORT - 1998
The fire department has been responsible for code enforcement for.nearly a year
now, and so I'm prepared to give an overall view of the process. First of all,.I
can't stress enough the value of our spring clean-up day . A number of trashy
yards were cleaned up as a result and next year I plan to hit the remaining
accumulations. Another valuable program is our branch chipping service. We
didn't do branch chipping this year until late in the summer and it showed. One
more thing that I've discovered is that 80% of the problems I encounter are self-
correcting (the homeowner sees the same problem that I do). The accompanying
list primarily reflects those problems which required a bit of a nudge to comply.
The following reflects my experience regarding the various aspects of code
enforcement:
Parking: The most widespread cause of parking problems (expired tabs,
vehicles on grass, etc.) is adult sons. Sometimes they're away at school or the
military, sometimes they've moved into housing with limited parking space, and
sometimes they simply take advantage of mom and dad. In any case, we've .
removed about 12 - 15 junk cars`from the landscape and are currently working
on 4 more.Some of these cars have been here for more than 3 years. As long as
people have sons, this will remain a chronic problem. Another issue is vehicles
parked on the grass. It's amazing how much pavement has been added to St.
Anthony to accomodate boat trailers, etc. I have been encouraging people to place
patio stones under wheels and trailer tongues to keep impervious surfaces to a
minimum.
Signs: An interesting phenomenon - garage sale and various other signs
appear mysteriously at 3:30 on Friday afternoons. The fact that Larry left for the
weekend at that time might have something to do with this. In any case, our
approach toward garage sale signs is to allow residents to put them in the right-
of:way for 2 days.Signs advertising sales in surrounding communities and all
signs nailed to power poles are confiscated immediately. I have received .
expressions of gratitude from residents for our enlightened policy. We conduct
weekly sign patrols on Friday (after 3:30) and on the weekend.
Trash: There are about 10 "trash" houses in St. Anthony. These are houses
that tend to accumulate more stuff than can be stored inside, along with branches,
yard waste, etc. Three of these houses are occupied by people with psychological
problems, a couple by people affected by age, and the rest by.people who have a
different set of values or are just plain lazy. One of these houses is the rental
l
property at 2542 Kenzie. Extended do-it-yourself projects also contribute to this
problem, although, when finished, these projects tend to improve the
neighborhood. The annual City clean-up day is the definitive solution to this
problem and, while I was able to get a fair amount of stuff out of the yards this
year, next.year I'll be able to be more aggressive and expand my efforts..In any
case, this problem tends to be chronic.and so we're keeping an eye on them and
looking for solutions.
Lawn Cover: During this past growing season, I have sent only one letter
regarding long grass. The primary reasons people occasionally have long grass in
their yards are vacations and illness. Consequently, it's essentially a self-
correcting problem. Although dandelions are not prohibited, I have talked to a
couple of homeowners with a gentle suggestion to reclaim control over their
yards. I have also confronted a couple of homeowners about dumping their grass
clippings (not blowing, dumping) into the street. An interesting trend in the
metro area is the conversion of yards from grass to natural habitat and wild
flowers. I have received one complaint regarding the height of some of this
natural grass, but most folks seem to enjoy the diversity.
Public Right-of-Way: For the sake of enlightenment, I want to explain
the concept of.right-of-way. The public domain gets 60' along any:street in St.
Anthony. Consequently, the right-of-way is measured 30' from the centerline of.
that street. Our residential side streets are 30' wide which gives the City 15' of
right-of-way from the curb to the property line. The main roads (Silver Lake
Rd., Stinson, 37th, 33rd, etc.) are different widths, however, and so the distance
from the curb to the property line is less than 15'. On Silver Lake Road, this
distance varies from about 6' to about 12' and along 29th Ave. the distance
changes along every parking area. Along alleys, the public domain gets 20' of
right-of-way and so property lines are measured 10' from the centerline.
We have been using the actual right-of-way measurments in enforcing sign
placement rather than the arbitrary 15' rule.
Conclusion: It's been an interesting year. I'm still sold on the idea of
talking with people (both the complainers and the violaters) to work out
solutions, although I often find myself playing referee in neighborhood fueds. On
rare occasions I have to play tough, but for the most part, citizens are willing to
comply.and seem grateful for the gentle approach. This is reflected in the number
of complaints received by City Hall since we took over code enforcement. I
would also like to remind the Council that our recent city survey indicated that
10% of respondents felt that code enforcement was too lax, and 90% felt
otherwise.
CODE ENFORCEMENT LIST (10/16/98)
Diamond 8Apartments Ant infestation closed
2700 St. Anthony Blvd. Lilac bush blocking. closed
2837 Coolidge St. Trash in back yard closed .
2580 Kenzie Tern mold/water in building closed
St. Charles Church Parking on Boulevard closed
Northgate Office Park Fence/rental sign closed
29013 1 st Ave. NE Parking on grass closed
Myers Tires/Apache Print Pallet storage closed
Nativity(craft show) Signs on poles closed
2910 W.Armour Terr. Dog house in side yard closed
2829 Stinson Blvd. Trash in side yard closed
2712 32nd Ave. NE Trailer on grass closed
3112 31 st.Ave. NE Dishwasher in setback closed
Neil Anderson Obstructing hydrant with snow closed
2812 33rd Ave NE Parking&trash in front yard closed
3817 Macalaster Dr. Sewage in apartment closed
The Point Townhomes Fence closed
City property,Kenzie Ten. Parking closed
3404 39th Ave.NE Abandoned vehicle closed
3406 39th Ave. NE Abandoned vehicle closed
Sunset Cemetery General ugliness along#88 opens-
Mirror Lake Manor Excessive storage closed
Coach's comer(Apache) Beanie Baby signs closed
3308 Townview Ave. NE Downspout extensions closed
2904 Silver Lake Court Fence open
3816 Foss Road Dead trees closed
3816 Foss Road Drainage problems closed
3500 Coolidge St. Excess garbage closed
2542 Kenzie Terr. Abandoned vehicle closed
3509 31st Ave. NE Dead tree closed
3206 Skycroft Old station wagon closed
3602 Silver Lake Road Topper in front yard closed
3416 Roosevelt St. Trailer&boat in back yard closed
Equinox Apartments Excessive garbage closed
2812 33rd Ave. NE Weeds closed
2917-19 Silver Lane Trash/autos in yard open•
2524 27th Ave.NE Expired tabs(3) closed
3200 29th Ave. NE Trash closed
2601 29th Ave.NE Auto on grass closed
2705 32nd Ave. NE Trash open
3404 Silver Lake Road Trash closed
Freedom Gas Station' Pennants closed
Rapid Oil Change Pennants closed
Stop N Shop Banner closed
Tires Plus Window signs closed
Custom Liquidators Expired tabs(2) closed
Cub Foods Litter closed
2416 27th Ave.NE Blankets on garage closed
Vacant lot on Foss Road Debris closed
3105 Bell Lane Garbage closed
3817 Macal aster(Plaza Apartments) trash/weeds in back closed
3313 Croft Drive Boat&trailer on grass closed
3305 Croft Drive Brush pile closed
290131st Ave. Vehicle on grass closed
3105 Bell Lane Bushes, brush, needs paint open
3600 33rd Ave. prolonged construction project closed
2609 St. Anthony Blvd. Buildingpermit closed.
2500 St. Anthony Blvd. Bushes in right-of-way closed
Vacant lot,37th.Ave. Long grass closed
Exhaust Pros Weeds,parking lot,garbage storage open .
Freedom Gas Long grass closed
3208 Hilldale Ave. Garbage cans in setback closed
3405 33rd Ave. Grass,multiple violations open
3016 Old Hwy#8 Expired tabs closed
3110 39th Ave. Trailers in yard closed
2700 31 st-Ave. Retaining wall closed
3222 29th Ave. Parking closed
Town&Country Long grass . closed
3304 39th Ave. Expired tabs closed
3933 Fordham Dr. Illegal sign closed
4028 Macalaster Dr. Bushes blocking closed
2424 27th Ave. Bushes in right-of-way closed
3501.Wendhurst Garbage can in set-back closed
2920 33rd Ave: Truck on grass closed
3427 Fordham Court Garbage can in set-back closed
2905 33rd.Ave. Needs painting . closed .
3640 Penrod Lane Garbage cans in set-back closed.
2542 Kenzie Terr: Vehicle on grass closed
3525 Roosevelt St.' Vehicle on grass closed
3529 Roosevelt St. Expired tabs closed
250130th Ave. Fence closed
3220 Croft Drive Weeds/signs open •
3208 Hilldale Ave. Dogs closed
3500 Coolidge St. Garbage/grass closed
2616 Pahl Ave. Grass in street closed
Hardee's Weeds/trash closed
3524 Silver Lake Road Trash open •
3503 Edward St. Trash open •
340133rd Ave. Trash brush open .
3509 Maplewood Dr. Grass closed
3515 Harding St. . Fence closed
2837 Coolidge St. Expired tabs closed
•60" Diamond 8 Apts. "Garbage"apartment.. closed
2812 34th Ave. Expired tabs open•.
3101 Rankin Road Weeds open.
3404 Croft Drive Expired tabs open
2654 Kenzie Terr. Landscaping open 0
CITY OF ST. ANTHONY
ORDINANCE 1999-A
AN ORDINANCE RELATING TO SIGNS
AMENDING SECTION 1400.08, SUBD. 1 OF THE
1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony of the City of St. Anthony hereby ordains:
Section 1. Section 1400.08, SisRequiring No Permits, Subd.- 1, Political Signs will be
amended to read as follows:
Subd. 1. Political Signs. All political signs of any size may be posted from August 1 in a State
General election year until 10 days following the State General Election. For local elections,
which are usually held on the first Tuesday after the first Monday in November of odd
numbered years, all political signs of any size may be posted four weeks prior to a local
election until five days following a local election. Political signs are not allowed to be placed
within ten feet from the curb and ten feet from the property lines. If political signs are placed
in violation of these setbacks, they may be removed by the City Code Inspector.
Section 2. This ordinance shall become effective as of the date of its publication.
First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
on
3z
MEMORANDUM
DATE: September 2, 1998
TO: Water Quality Task Force
FROM: Michael Mornson, City Manager
1 ITEM: WATER QUALITY TASK FORCE
The City of St. Anthony is organized for the benefit of all of its citizens. The
City Council is considering appointing a Task Force of its citizens to examine
water quality issues on Silver Lake.
The purpose of the Task Force is as follows:
•. . . Study water related issues for the entire community
• Develop ways to improve water quality on Silver Lake'
• Work with all government units on the diagnostic feasibility study for
Silver Lake
• Recommend ordinance and policy changes for City Council consideration
for water quality improvement
The Task Force would consider possible cooperative arrangements with the City
of Columbia Heights.
The Task Force will
• be appointed by the City Council in January of each year.
• be annually renewed by the City Council-
serve at the pleasure of the Council
• consist of seven residents, three of which reside on.Silver Lake
• meet monthly at a time and place to be determined at their first meeting
A secretary and/or staff liaison will be provided by the City to take meeting
minutes.
November 12, 1998
Mike Mornson, City Manager
3301 Silver Lake.Road
St. Anthony, MN 55418
Dear Mr. Mornson:
I would like to take this opportunity to compliment you and your staff for the
quick response made about the terrible.problem with the house next door to
mine. Please pass along my appreciation to Jay Hartman and Dick Johnson for
the excellent job they..did and their swift response.
People who complain about the Village are wrong!! I have lived in St. Anthony
for 32 years and I cannot say enough good about this wonderful community.
Thank you and your staff for all they do to keep the Village a great place to
live!
Sincerely,
Edward Emerson
_ 2612 Townview Avenue
St. Anthony, MN 55418
1998 PLANNING COMMISSION MEMBERS & TERMS
Name Term End Date
George Thompson 12/31/98
3015 - 39' Avenue N.E.
St. Anthony, MN 55421
789-1501
James Gondorchin . 12/31/99 .
3415 Maplewood
St. Anthony, MN 55418
788-0172
E-Mail: jimgond0frmail.frco.com
Bus: 828-8251
Fax: 828-3623
Richard Horst 12/31/99
3509 Belden Drive
St. Anthony, MN 55418
781-5938
Coast to Coast Hardware Store
E-Mail: rhorstaisd.net
Bus: 781-1201
Fax: 781-2479
Douglas Bergstrom, Chair 12/31/00
3620 Edward Street
St. Anthony, MN 55418
789-1498
Northern Environmental
E-Mail: netinbMvisi.com
Bus: 635-9100
Fax: 635-0643
Web Site: ww.northern-env.com
Christopher Makowske 12/31/00
2919 Rankin Road
St. Anthony, MN 55418
781-1163
Bus: 224-6413, ext. 2
16l -Hem niee64ZD• O°'jl�-r 12/31/98
.2500 27'11 27-w—a4ye n uC AE
8
782=000
Anthony Kaczor 12/31/00
3008 - 33rd Avenue NE
St. Anthony, MN 55418
782-6917
Peoples Electric
Bus: 227-7711
NEWS FROM
ROD . GRAMS - .
, . , .
ioq e is .
October 26, 1998
Contact: Kurt'Zellers
612-427-5921
GRAMS TO RECOGNIZE CITY OF ST. ANTHONY
DURING NATIONAL CRIME PREVENTION MONTH
ANOKA, MINNESOTA -- Richard Tostenson, Field Representative in U.S. Senator Grams'
Minnesota office, will present a certificate of achievement to the City of St. Anthony in recognition
of its community crime prevention efforts'and participation in the"National Night Out" program. The
presentation will be made as part of National Crime Prevention Month.
The presentation will take place on October 27, at 2:00 p.m. at the Community Services
Building, 3301 Silver Lake Road.
"Effective crime prevention wouldn't be possible without active citizen participation. I'm
confident that with community involvement and local approaches to crime prevention, we will reduce
crime, violence, and substance abuse. During National Crime Prevention Month Mayor Clarence
Ranallo, the St. Anthony Police Department and the residents of St. Anthony deserve recognition
for their efforts to strengthen their neighborhood spirit and generate active participation in local anti-
crime programs," said Grams.
Tuesday, October 27, 1998—St.Anthony, Minnesota
TIME: 2:00 p.m.
DATE: Tuesday, October 27
LOCATION: Community Services Building
3301 Silver Lake Road
St. Anthony, Minnesota
--30—
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NEWS FROM
ROD
. . GRAMS ..
For Immediate Release Contact: Kurt Zellers
October 27, 1998 612-427-5921
GRAMS HONORS CITY OF ST. ANTHONY
DURING NATIONAL CRIME PREVENTION MONTH
St. Anthony, D.C. —A representative from U.S. Senator Rod Grams' office today presented
a certificate of achievement to the City of St. Anthony in recognition of its community crime
prevention efforts and safety education. Richard Tostenson, Field Representative in Senator
Grams' Minnesota office, made the presentation as part of National Crime Prevention Month.
"Citizen involvement is critical in securing the safety of our communities. We must remember
that we can reduce crime, violence, and substance abuse through active citizen participation and
local community approaches to prevention,"wrote Grams'in a letter presented to St.Anthony Mayor .
Clarence Ranallo. "By strengthening your neighborhood spirit and generating active participation
in local anti-crime programs, you have displayed a commitment to ensuring safer streets for all of
your residents. More importantly, you have sent a message to criminals that your neighborhoods
are organized and fighting back against the threat of crime."
National Crime Prevention Month is an annual effort established to alert Americans to the
growing menace and cost of crime and stimulate public interest in year-round crime prevention
activities.
Grams wrote, "The most effective assault on crime occurs close to home, when the federal
government—not as an overseer but as a partner—joins with local governments and concerned
citizens to fight crime at its source. As a nation, we have learned that communities like St.Anthony
can best meet its crime prevention needs when they have the flexibility and decision-making
authority to put tax dollars directly to work in.their fights against crime,without having them funneled
first through Washington. In countless communities across this country, the National Night Out
approach is a success."
"I commend you, Mayor Ranallo, for providing the leadership necessary to get the job done,
Police Chief Richard Engrstrom and the entire St. Anthony Police Department for its commitment
to stopping crime at its source. I will continue to work with you, along with other elected leaders
and citizens, to ensure that more management decisions are entrusted to the local.level... Your
work is publicly recognized during National Crime Prevention month —but more importantly, it is
remembered and appreciated every month of the year," concluded Grams.
--30--
I CITY OF ST. ANTHONY
2 REGULAR CITY COUNCIL MEETING
3 OCTOBER 13, 1998
4 I. CALL.TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 H. ROLL CALL.
8 Councilmembers present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen.
9 Councilmembers absent: None.
10 Also present: City Manager Mike Mornson; City Attorney William Soth.
11 III. APPROVAL OF OCTOBER 13, 1998 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Marks, second by Faust to approve the October 13, 1998 Regular City Council
13 Meeting Agenda as presented.
14
15 Motion carried unanimously.
16 IV. APPROVAL OF SEPTEMBER 22, 1998 REGULAR CITY COUNCIL MEETING
17 MINUTES.
18 Motion by Marks, second by Thuesen to approve the September 22, 1998 Regular City Council
19 Meeting Minutes as presented.
20 Motion carried unanimously.
21
22 V. LICENSES/PERMITS/PETITIONS.
23 Motion by Faust, second by Thuesen to approve the following licenses:
24 Heating License:
25 Suburban Air Conditioning Company,Inc.,Minneapolis., MN/3739 Foss Road
26 Construction Mechanical Services, St. Paul,MN/2930 Anthony Lane NE
27 Dependable.Indoor Air Quality,Inc., Coon Rapids, MN/3613 Edward St.NE
28 American Heating&Air Supply,Inc., Spring Lake Park,MN/3011 Rankin Rd.
' 29 Contractors License:
30 ADB Construction Company, Inc., Maple Grove, MN/3221 Skycroft Dr
31 AH Tree Service, Fridley,MN
32 Land Recycling Services,Inc., Bloomington,MN/demo 2713 St. Anthony Blvd.
33 Temporary 3.2 Beer and Wine Permit:
34 February 14, 1999/Mardi Gras/Church of St. Charles Borromeo
35 Voting on the motion: Ranallo, Cavanaugh,Faust and Thuesen voted aye. Marks voted nay.
36 Motion carried.
r ,
City Council Meeting Minutes
October 13, 1998
Page 2
1 VI. PRESENTATION OF CLAIMS.
2 Motion by Marks, second by Cavanaugh to approve the following claims:
3 A. Web Site Development:
4 1. Netlink in the amount of$6,000.00 for Web Site Development Project.
5 B. Legal/Prosecutions:
6 1. Dorsey & Whitney in the amount of-
7 a. $1,982.82 for general legal services rendered through August 31, 1998.
8 b. $530.00 for legal services rendered through August 31, 1998 with regard
9 to the Storm Water Project.
10 2. Foster, Wentzell. Hedback&Brever in the amount of$3,000.00 for professional
11 services rendered.
12 C. 1999 Street Improvement Project:
13 1. WSB &Associates, Inc. in the amount of:
14 a. $11,428.59 for professional services rendered from August 1, 1998
15 through August 31, 1998 with regard to the Feasibility Report for 1,999
16 street& water main improvements.
17 b. $10,834.75 for professional services rendered from August 1, 1998
18 through August 31, 1998 with regard to 1999 Street&Utility
19 Reconstruction final plans & specifications.
20 D. Water Management/Flood Analyses:
21 1. WSB & Associates. Inc. in the amount of:
22 a. $1,699.34 for professional services rendered from August 1, 1998 through
23 August 31, 1998 with regard to the Harding Street public involvement&
24 preliminary design.
25 b. $13,523.50 for professional services rendered from August 1, 1998
26 through August 31, 1998 with regard to Silver Point/Central Park Final
27 Design.
28 c. $636.50 for professional services rendered from August 1, 1998 through .
29 August 31, 1998 with regard to 1998 Flood Proofing Grant Program
30 Administration.
31 d. $569.50 for professional services rendered from August 1, 1998 through
32 August 31, 1998 with regard to Water Resource Management Plan.
33 e. $1,043.75 for professional services rendered from August 1, 1998 through
34 August 31, 1998 with regard to M Study.
35 f. $1,878.75 for professional services rendered from August 1, 1998 through
36 August 31, 1998 with regard to Sump Pump Inspection Program.
37 E. St. Anthony Fire Relief Association in the amount of$25,736.00 for transfer payment
38 from Fire State Aid funds.
39 F. 3 pages of Verified Claims as presented by the Finance Director.
' 1
City Council Meeting'Minutes
October 13, 1998
Page 3
1 Motion carried unanimously.
2 VII. PUBLIC HEARINGS.
3 Mayor Ranallo stated the public hearing with regard to improvement projects for Central and
4 Silver Point Parks on this evening's agenda follows an open house in May as well as a public
5 hearing in June. He added Todd Hubmer, WSB, would address the Council with regard to storm
6 water improvements, and Carol Jindra, Parks Commission Chair, would address the Council with
7 regard to parks improvements.
8
9 Mayor Ranallo opened the public hearing at 7:07 P.M.
10 A. Improvement project for Central Park.
11 Mr. Hubmer reviewed the proposed park improvement projects to include the construction of
12 storm water improvements in Central Park to protect adjacent homes from flooding, and the
13 construction of storm water storage in Silver Point Park.
14
15 Mr. Hubmer stated storm water storage in Central Park will be increased to provide 100-year
16 . flood protection. He added the.stockpiling of material in Central Park excavated from Silver
17 Point Park was bid as an alternate to the project.
18
19 Mr. Hubmer stated the excavation in Central Park would take place next spring which would
20 complete improvements in the park and would not significantly impact its use.
21
22 Faust asked whether storm water storage in Central Park would alleviate flooding problems for
23 residents at the park's north perimeter. Mr. Hubmer confirmed the storm water improvements
24 would rectify that problem.
25 B. Improvement project for Silver Point Park.
26 Mr. Hubmer reviewed storm water storage within Silver Point Park, adding storm water would
27 be directed down 29th Avenue into Silver Point Park. He stated 9 bids had been received on the
28 project, adding the proposed contractor is Richard Knutson,Inc., fora base bid of$1,231,266.95.
29
30 Mr. Hubmer stated WSB's recommendation to the City is the removal of excavated material
31 rather than stockpiling the material in Central Park due to cost effectiveness. He added WSB's
32 recommendation to the City takes into consideration the additional costs incurred by the hauling -
33 and dumping of the material; parking lot damage repair; grading of the stockpile within Central
34 Park; as well as concerns expressed by the Parks Commission,the School Board and the Sports
35 Boosters with regard to the size of the stockpile and accessibility of the park.
36 -
37 Mr. Hubmer stated WSB has previous experience with Richard Knutson, Inc., and recommends
City Council Meeting Minutes
October 13, 1998
Page 4
1 the firm for its quality and dedication.
2
3 Mayor Ranallo welcomed Carol Jindra, Parks Commission Chair,to the meeting. Ms. Jindra
4 introduced members of the Parks Commission who were present: Commissioners Donald
5 Siggelkow, Joanne Kosciolek, and Tim Morris; George Wagner(Community Services); Kathie
6 Wolff(School Board); and Jay Hartman,Public Works Director. Ms. Jindra thanked the Parks
7 Commission for their hard work, as well as their attendance at the meeting. She added many of
8 the Commissioners are lifelong residents of the City and are dedicated to their task of parks
9 improvement.
10
11 Ms. Jindra stated the Parks Commission meets the second Monday of every month and
12 encouraged residents to attend. She added the Commission's first official meeting was in August
13 1998 and they have been asked to make immediate decisions regarding parks improvements.
14
15 Ms. Jindra stated the Parks Commission reviewed the bids received, and supports WSB's
16 recommendation of Richard Knutson,Inc. She added the Parks Commission strongly advocates
17 the use of County Highway 88 for access to Silver Point Park for excavation of material.
18
19 Ms Jindra added'the bid for Silver Point Park includes$40,000 allowance for playground
20 equipment which will not be sufficient. She added the existing equipment is not salvageable and
21 additional funding will be necessary.
22
23 Ms. Jindra stated it is the consensus of the Parks Commission that decisions have been rushed
24 and the Commission required more time to deliberate on these issues;however,they realize the
25 importance of timeliness with regard to the project. Ms. Jindra reviewed the proposed park
26 improvements for Silver Point Park,to include two youth fields, a full-size soccer field,hockey
27 area with removable boards and lights,play structure and picnic shelter/warming house, as well
28 as half-court basketball area.
29
30 Mayor Ranallo asked for clarification from Mr. Hubmer with regard to access.from County
31 . Highway 88 to Silver Point Park. Mr. Hubmer stated the County originally denied access to the
32 Park from Highway 88; this was appealed by the City and recently access was awarded by the
33 County with special signing considerations.
34
35 Marks asked whether the improvements to Silver Point Park's amenities are included in the bid.
36 Mr. Hubmer confirmed all amenities are included except the picnic shelter/warming house and
37 hockey area with lights. He added additional funding will be necessary for the playground
38 equipment.
39
40 Cavanaugh asked whether it is necessary to lower the elevation of the parking lot. Mr. Hubmer
41 stated the parking lot provides additional flood storage.
City Council Meeting Minutes
October 13, 1998
Page 5
1
2 Cavanaugh questioned the necessity of destroying 2 trees on the park's west side. Mr. Hubmer
3 stated minimal tree loss was achieved but some trees had to be sacrificed.
4
5 David and Cindy Lehner-Smith, 3100-29th Avenue NE, addressed the Council, stating their
6 home on the comer of 29th Avenue and Rozelle Drive is located on the park's north perimeter.
7 Mr. Lehner-Smith stated they would wish the project be delayed until all issues related to the
8 project have been satisfactorily handled.
9
10 Mr. Lehner-Smith stated the regrading of the parking lot in Silver Point Park requires Rozelle
11 Drive be regraded as well. He added due to the City's right of way, Rozelle Drive will be moved
12 15 feet onto their property; a sidewalk and retaining wall adds another 9 feet; for a combined
13 total of 24 feet into their existing yard.
14
15 The Lehner-Smiths expressed their frustration and helplessness throughout this process, adding
16 WSB did not inform them of these plans until Saturday October 10. Mr. Lehner-Smith added if
17 plans are finalized and construction begins in 2,weeks,they have no alternative but to submit to
18 the City's right of way.
19
20 The Lehner-Smiths believe the project's changes will affect the resale value as well as aesthetic
21 quality of their home. They stressed they are committed to the City and support the potential
22 benefits of the project, but requested more time from the Council to work out the details of their
23 situation.
24
25 Mayor Ranallo asked whether the Lehner-Smiths had attended the June 1998 public hearing, and
26 whether they had voiced their concerns at that time. Mr. Lehner-Smith stated he had been
27 present,but he was not notified of the specific impact to his home until October 10, 1998.
28
29 Mayor Ranallo requested clarification from Mr. Hubmer. Mr. Hubmer stated the plans for Silver
30 Point Park were reconfigured to effect sufficient elevation changes after the June public hearing.
31 He added the Rozelle Drive,situation affecting the Lehner-Smith's home became apparent only
32 recently while preparing plans for bidding.
33
34 Mr. Hubmer stated he met with the Lehner-Smiths on Saturday October 13 and as a result of that
35 meeting WSB produced a new concept for their consideration which removes a portion of the
36 proposed retaining wall and fencing, and drops the grade on the driveway to a less excessive
37 degree. Mr. Hubmer added he believes a compromise can be reached which will accommodate
38 all parties involved. He reiterated the construction will all be completed within the City's
39 ownership.
40
41 Mrs. Lehner-Smith questioned the amount to be spent on park improvements and requested a
City Council Meeting Minutes
October 13, 1998
Page 6
1 detailed list of how the money will be spent, questioning the accuracy of WSB's proposed costs.
2. She also requested the credentials of the proposed contractor be made available to the public. .
3 She added the original plans proposing a gravity-forced storm water system were obviously
4 flawed.
5
6 Mr. Hubmer stated he is proud of the accuracy of the estimate provided by WSB, adding most
7 such estimates represent a much larger variation from bids received. He added the funding has
8 been reviewed on a number of occasions, including previous Council meetings. He reviewed the
9 funding sources again,which include the Department of Natural Resources, Storm Water Utility
10 funds, as well as additional funding from the FEMA grant. He also reviewed the allocation of
11 funds for park improvements at Central and Silver Point Park,to include excavation of material,
12 removal of park amenities, construction of storm water utilities,restoration of parks,ballfields,
13 playground equipment, sodding, and the overall provision of 100-year flood protection to the
14 citizens of St. Anthony.
15
16 Mr. Hubmer stated Richard Knutson, Inc., is a highly reputable firm which has done previous
17 work for WSB. He stressed the quality of all the firms who bid on the project.
18 .
19 John Gannon, Park Construction, Inc., addressed the Council as a representative of his firm,
20 requesting the Council's consideration. He added Park Construction submitted a bid which was
21 lower than that of Richard Knutson, Inc., for the alternate stockpiling proposal and reconstruction
22 of the parking lot. He stated the stockpile in Central Park would be a level, sodded area which
23 would be usable next spring.
24
25 Mayor Ranallo expressed concern over the loss of two parks for a full year. Mr. Gannon stated
26 since the dirt would be moved in November when parks are not in frequent use,the stockpile
27 would be graded level with the parking lot by next spring.
28
29 Cavanaugh asked whether Park Construction could begin the project later this fall if the
30 Council's decision is delayed for 2 weeks. Mr. Gannon stated 20 working days are required to
31 complete the project.
32
33 Faust asked for the number of necessary truck loads. Mr. Gannon stated 6,900 truck loads would
34 be required.
35
36 Mr. Hubmer stated the parking lot improvements will be addressed in conjunction with Central
37 Park's improvements next year. He added the cost.of stockpiling of material in Central Park is
38 prohibitive. Cavanaugh stated Mr. Hubmer and WSB initially proposed the stockpiling option.
39
40 Ms. Jindra expressed the Parks Commission's reluctance to move forward with plans for Central
41 Park since a physical survey has not yet been done on the park. She stated the Commission
City Council Meeting Minutes
October 13, 1998
Page 7
1 wishes to move forward with plans for Central park in a deliberate yet timely manner. She added
2 the Commission wishes to explore grant opportunities for-the funding of the park's
3 reconstruction.
4
5 Ms. Jindra stated Mr. Hubmer has worked in cooperation with the City Council and Parks
6 Commission to arrive at proposals which work for all parties involved and attacking the
7 engineering firm would be inappropriate.
8
9 Jane Hintz, 3503 Maplewood Drive, St. Anthony, addressed the Council on behalf of Mike
10 Jacobs,2914-29th Avenue,who has concerns with regard to assessments on his street. Mr.
11 Hubmer stated State aid funds may be available to pay for some of the street.improvements.
12 Those issues will be addressed when 29th is constructed.
13
14 Monica Mandell, 3520 Skycroft Drive,requested clarification with regard to the appearance of
15 the holding pond in Central Park, and whether park access will still be available to her family
16 through their property. Mr. Hubmer stated the ponding area will have a mild slope beyond the
17 fence line and a low maintenance,prairie grass mixture is proposed. He added Ms. Mandell will
18 still have park access from her property.
r 19
20 Nora Morris, 4020 Macalester Drive,requested clarification with regard to the grading in Silver
21 Point Park, asking whether all parts of the park will be visible to patrolling police. Mr. Hubmer
22 stated the entire park will be visible from the parking lot and Highway 88. Ms. Morris asked
23 whether the water storage is a long-term solution or whether the pipes will ultimately have to be
24 replaced. Mr. Hubmer stated the project provides a permanent solution to an ongoing problem.
25
26 Motion by Faust, second by Marks to close the public hearing at 8:33 P.M.
27 Motion carried unanimously.
28 Mayor Ranallo stated a letter had been distributed to the Council with an unreadable signature
29 and requested acknowledgment from its author. He added the letter expressed concerns with
30 regard to the proposed park improvement project. No acknowledgment was made.
31 . 1. Resolution 98-071,re: Award bid for Silver Point and Central Parks
32 improvements.
33 Mayor Ranallo stated the Council is under some pressure to act quickly on this difficult
34 issue due to time constraints. He added that a deferred decision could result in a 2-year
35 delay in the park improvement project. Mayor Ranallo stressed the Council would work
36 closely with the Lehner-Smiths to resolve their problem if the bid is awarded.
37
38 Cavanaugh stated the public hearing raised legitimate questions which could be resolved
City Council Meeting Minutes
October 13, 1998
Page 8
1 with more time. He added he could not support the resolution and stressed a decision
2 should be deferred until these issues are resolved.
3
4 Thuesen stated valid concerns had been raised during the public hearing with regard to
5 private property, and expressed his confidence in the ability of the City to arrive at an
6 agreement with the Lehner-Smith's. He added he supports the resolution.
7
8 Marks stated the immediate approval of this resolution would reduce construction risk at
9 this time of year,adding he supports the resolution.
10
11 Faust stated the potential for flooding makes the immediate resolution of this issue
12 necessary. He stated Mr. Hubmer has proven his willingness to work with the City and
13 its residents. He expressed his concern over the proposed 6,900 truck loads on city
14 streets to Central Park. He added he supports the resolution.
15
16 Mayor Ranallo stated the City will work with the Lehner-Smith's, and added the
17 stockpiling of materials in Central Park was an option not favored by the School Board.
18 This statement was,confirmed by Kathie Wolff,the School Board's representative to the
19 Parks Commission, and George Wagner,the Community Services liaison to the Parks
20 Commission.
21
22 Motion by Marks, second by Faust to approve Resolution 98-071, awarding bid for
23 redevelopment/improvements for Silver Point and Central Parks in conjunction with
24 proposed flood mitigation projects to Richard Knutson,Inc., in the amount of
25 $1,231,266.95; and to advance toward issue resolution between WSB,the City and
26 homeowners David and Cindy Lehner-Smith.
27 Voting on the motion: Ranallo, Marks, Faust and Thuesen voted aye. Cavanaugh voted nay.
28 Motion carried. ,
29 VIII. REPORTS.
30 A. Councilmembers.
31 Thuesen reported on his attendance at the St. Anthony Shopping Center Retailer's Association
32 meeting this past week. He stated he had informed the members of the Council's upcoming
33 meeting with Richard Krier regarding redevelopment of the shopping center, and added he
34 anticipates a good turnout.
35 Faust reported on his attendance at the Pahl Avenue and Wilson Avenue street reconstruction
36 meeting on September 30. He congratulated Michael Mornson, City Manager,Mr. Hubmer, and
City Council Meeting Minutes
October 13, 1998
Page 9
1 Jay Hartman, Public Works Director, for their organization and preparedness with regard to the
2 meeting-
3
4 Thuesen stated he had attended the street reconstruction meeting as a homeowner and was also
5 impressed with the planning and organization.
6
7 Marks reported the Sister City organization has received 501 C3 status from the IRS and a
8 membership meeting is planned for mid-November. He encouraged residents to join the
9 organization,and thanked William Soth, City Attorney for his efforts on its behalf. He added the
10 first teacher from St. Anthony has gone to Salo,Finland on the teacher exchange and will be
11 reporting on his experiences at the meeting.
12
13 Cavanaugh reported on his attendance at the St. Anthony Chemical Health Coalition's focus
14 group training session. He added fundraising efforts have commenced in the form of a letter sent
15 to residents asking for their support.
16
17 Cavanaugh reported on his attendance at the ACTION(Adults and Children Together In Our
18 Neighborhoods)board meeting that morning. He stated ACTION will serve as an umbrella
19 organization for unaffiliated groups to brainstorm ideas for the development of youth in the City.
20 He added ideas can be directed to Amy Sparks at the Community Center, and residents interested
21 in participating in focus group discussions should contact Cavanaugh.
22 B. Mayor.
23 Mayor Ranallo stated he had nothing to report.
24 C. City Manager.
25 Mr. Mornson stated the City has finalized its web site and 2 types of computer training will be
26 offered to City staff: Microsoft Outlook and E-Mail Internet. He added the staff will attend 2 full
27 days of training, and the Council is encouraged to attend in that format or an evening of training
28 could also be arranged.
29
30 Mr. Morrison stated that the Parks Commission vacancy had been filled on an interim basis by
31 George Wagner,who currently serves as its Community Services liaison. He added the
32 Commissioner vacancy is a voting position.
33
34 Cavanaugh expressed his disappointment that the Council is not soliciting general participation
35 in the Parks Commission.
36
37 Motion by Marks, second by Thuesen to appoint George Wagner to Parks Commission as a
38 permanent member for a 2-year.term.
City Council Meeting Minutes
October 13, 1998
Page 10
1 Motion carried unanimously.
2 Mr. Mornson stated a letter had been received by the City from Planning Commissioner James
3 Gondorchin who was terminated due to four absences in a calendar year in accordance with
4 Commission by-laws. He added Mr. Gondorchin requests reinstatement and apologized for the
5 inconvenience caused by his absences which were unavoidable.
6
7 Motion by Marks, second by Faust to re-instate James Gondorchin to the Planning Commission.
8 Motion carried unanimously.
9 Mr. Mornson updated the Council on the sump pump inspection program, which the City is
10 attempting to change to a grant program.
11
12 Mr. Mornson stated a request had been made by the City to Hennepin County for funds for the
13 home on St. Anthony Boulevard purchased by the City.
14
15 Mr. Mornson stated he and Mr. Hubmer will be requesting a meeting with the DNR to ask for the
16 second$1 million due to the City, as well as an additional $600,000.
17
18 William Soth, City Attorney, addressed a right of way issue raised by the former owner of a
19 trailer park property. He stated a fence along Kenzie Terrace encroaches on the City's right of
20 way, and asked whether the City is willing to grant license agreement to leave the fence in place.
21
22 Mayor Ranallo asked whether such a decision would set a precedence. Mr. Soth stated in this
23 case,the fence only encroaches slightly on the right of way. Mayor Ranallo suggested the issue
24 be clarified and added to an upcoming Council meeting agenda for resolution.
25 IX. NEW BUSINESS.
26 A. Resolution 98-072,re. Hennepin County road maintenance agreement.
27 Motion by Marks, second by Faust to approve Resolution 98-072, authorizing the Mayor and
28 City Manager to execute the agreement between Hennepin County and the City of St. Anthony
29 for road maintenance services.
30 Motion carried unanimously.
31 B. Resolution 98-073,re: Approval of Schnitzer settlement.
32 Motion by Thuesen, second by Marks to approve Resolution 98-073, approving settlement and
33 authorizing payment thereof,with the following changes to the Resolution:
34
City Council Meeting Minutes
October 13, 1998
Page 11
1 First line, after"one" insert"member"
2 Third line, after "cities" insert "and others
3 Third line, after "who" insert "allegedly"
4 In bottom paragraph, second line,delete "consents"
5 In bottom paragraph,third line,after"suit" insert"pursuant to a settlement agreement acceptable
6 to the City Attorney"
7 Motion carried unanimously.
8
9 C. Resolution 98-074, re: Approval of Minnesota Police Recruitment System(MPRS)
10 settlement.
11 Motion by Marks, second by Faust to approve Resolution 98-74, approving settlement and
12 authorizing payment thereof.
13 Motion carried unanimously.
14 D. Resolution 98-075, re: Call for public hearing;on Comprehensive Plan Update.
' 15 Motion by Marks, second by Faust to approve Resolution 98-075, calling for a public hearing for
16 adoption of the City of St. Anthony Comprehensive Plan Update.
17 Motion carried unanimously.
18 E. Resolution 98-076,re: Appoint Y2k Coordinator.
19 Motion by Marks, second by Thuesen,to approve.Resolution 98-076, appointing Y2k
20 Coordinator.
21 Motion carried unanimously.
22 F. Resolution 98-077, re: Approve 1999 contract for cleaning services for City
23 Hall/Community Center.
24 Cavanaugh asked why the cleaning services contract is not put out for bid. Mr. Soth stated the
25 City is not required by law to do so. Marks stated typically such matters are not bid out as the
26 rates tend to remain constant and certain working arrangements with regard to the facilities are
27 maintained.
28
29 Motion by Marks, second by Faust to approve Resolution 98-077, approving a cleaning service
30 contract and authorizing the Mayor and City Manager to execute said contract.
31 Motion carried unanimously.
32 X. UNFINISHED BUSINESS-None.
4 -!
City Council Meeting Minutes
October 13, 1998
Page 12
t XI. ADJOURNMENT.
2 Motion'by Marks,'second by Thuesen to adjourn the meeting at 9:18 P.M.
3 Respectfully submitted,
4 Mary Mullen
5 TimeSaver Off Site Secretarial, Inc.
6 Mayor
7 ATTEST:
8 City Clerk
1 CITY OF ST. ANTHONY
2 REGULAR CITY COUNCIL MEETING
3 OCTOBER 27, 1998
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers present: Ranallo,Marks, Faust, Cavanaugh, and Thuesen.
9 Councilmembers absent: None.
10 Also present: Kim Moore-Sykes, Management Assistant.
11
M. APPROVAL OF OCTOBER 27, 1998 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Faust, second by Marks to approve the October 27,,1998 Regular City Council
13 Meeting Agenda as presented.
14
15 Motion carried unanimously.
16 IV. APPROVAL OF OCTOBER 13, 1998 REGULAR CITY COUNCIL.MEETING
17 MINUTES.
18 Motion by Marks, second by Thuesen to approve the October 13, 1998 Regular City Council.
19 Meeting Minutes with the following change:
20 Page 9, line 9,replace "William Soth, City Attorney" with "Tom Brever,Prosecuting Attorney"
21 Motion carried unanimously.
22
23 V. LICENSES/PERMITS/PETITIONS.
24 Motion by Marks, second by Faust to approve the following.licenses:
25 Motor Vehicle Starting License: (renewal)
26 Murphy's Service Center,Inc.
27 Motion carried unanimously.
28 VI. PRESENTATION OF CLAIMS.
29 Motion by Marks, second by Thuesen to approve the following claims:
30 A. Schnitzer Legal Settlement in the amount of$30,100.00.
31 B. Flood Analysis/Water:
32 1. WSB & Associates in the amount of:
33 a. $1,791.25 for professional services rendered from September 1, 1998
34 through September 30, 1998 with regard to the Harding Street Public
35 Involvement& Preliminary Design.
P r.
City Council Meeting Minutes
October 27, 1998
Page 2
1: b. $584.50 for professional services rendered from September 1, 1998
2 through September 30, 1998 with regard to the I/I Study.
3 C. $268.00 for professional services rendered from September 1, 1998
4 through September 30, 1998 with regard to DNR& FEMA Grant
5 Administration. .
6 d. $636.50 for professional services rendered from September 1, 1998
7 through September 30, 1998 with regard to the 1998 Flood Proofing Grant
8 Program Administration.
9 e. $27,774.36 for professional services rendered from September 1, 1998
10 through September 30, 1998 with regard to Silver Point/Central Park
11 Final Design.
12 C. Road Improvement Projects:
13 1. WSB &Associates, Inc. in the amount of$10,689.50 for professional services
14 rendered from September 1, 1998 through September 30, 1998 with regard to the
15 1999 Street&Utility Reconstruction Final Plans& Specifications.
16 2. Rieke Carroll Muller Associates, Inc. in the amount of.
17 a. $2,698.53 for professional services rendered from August 30, 1998
18 through September 26, 1998 with regard to the 1998 street improvements.
. 19 b. $664.19 for professional services rendered from August 30, 1998 through
20 September 26, 1998 with regard to 33rd Avenue construction.
21 D. MSA- Sidewalk Project:
22 1. Standard Sidewalk, Inc. in the amount of$102,143.90 for sidewalk construction
23 on St. Anthony Boulevard and Kenzie Terrace.
24 E. Demolition of 2713 St. Anthony Boulevard:
25 1. Land Recycling Services,Inc. in the amount of
26 a. $10,758.00 for import of fill and grading of lot for drainage.
27 b. $500.00 for dormant seeding and hay covering.
28 F. Rehabilitation of Water Tower:
29 1. Braun Intertec in the amount of$1,707.90 for services rendered from September
30 5, 1998 through October 2, 1998 with regard to field inspections of welds and
31 coatings at 33rd Avenue NE and Silver Lake Road.
32 2. Rieke Carroll Muller Associates,Inc. in the amount of$812.36 for professional
33 services rendered from August 30, 1998 through September 26, 1998 with regard
34 to rehabilitation of elevated water tower.
35 G. 2 pages of Verified Claims as presented by the Finance Director.
36 Motion carried unanimously.
37 VII. REPORTS.
38 A. Planning Commission- October 20, 1998.
City Council Meeting Minutes
October 27, 1998
Page 3
1 1. Mary Silberschmidt:for 3125 Roosevelt Street: setback variance request.
2 Mayor Ranallo welcomed Planning Commissioner Horst,who reviewed Mary Silberschmidt's
3 setback variance request for 3125 Roosevelt Street which was discussed at the Planning
4 Commission's October 20, 1.998 meeting. He stated the Planning Commission recommended
5 approval of the variance request.
6 Mary Silberschmidt, 3125 Roosevelt Street,has submitted a request for a sideyard setback
7 variance of two feet to allow for the extension of a proposed deck that will connect with steps
8 that already exist on the south side of her home and make them part of the proposed deck.
9 Currently,the cement steps are consistently used as egress and ingress from a door on this side of
10 the house. They extend approximately 5 feet 6 inches from the structure but are also 3 feet 6
I 1 inches into the sideyard setback. The steps are proposed to be renovated and resituated to face
12 east as part of the proposed deck project. There is a 7-foot sideyard setback on this side of the
13 house.
14
15 Ms. Silberschmidt's home was constructed in 1960, sixteen years before the City's Zoning
16 Ordinance was adopted. She has indicated to Staff that the steps have not been repaired since
17 they were constructed and as such are in need of repair. Her house is situated facing-west with
18 her kitchen on the south end and it is from the kitchen that the door opens onto the steps in
19 question.
20
21 There are two issues resultant from Ms. Silberschmidt's proposed plan to reconstruct these steps
22 so that they will be more usable and safer and to connect the steps to the proposed deck
23 construction project. The first issue concerns the-reconstruction or repair of a nonconforming
24 structure. In this situation,the steps currently.are partially situated in the sideyard setback.
25 Section 1660.02, Subdivision 1.,Existing Structure, of the City Ordinance states that no structure
26 used for a nonconforming use may be enlarged, extended,reconstructed, replaced or moved
27 except to change it to a conforming use. The steps are considered an allowed nonconforming.
28 structure according to Section 1600.03 because they were in existence prior to the adoption of the
29 City's Zoning Ordinance. To be in compliance with the City's Ordinance, Ms. Silberschmidt has
30 the following options: she can reconstruct the steps to descend 2.5 feet from'the house within a 2
31 foot space,which would create a more dangerous and less accessible exit or entrance to her
32 home;to renovate her kitchen so as to remove the door,thereby eliminating her ability to exit her
33 home from the south; or not use the door, again restricting an access or exit to her home.
34
35 While she stated she is interested in correcting the non-conforming situation that was created
36 when the City's Ordinance was approved in 1976,which placed her steps in the sideyard setback,
37 the above-stated options do not allow her to continue to use her property as it was originally
r c,
1
City Council Meeting Minutes
October 27, 1998
Page 4
1 constructed or to its greatest use. Ms. Silberschmidt's inability to satisfactorily correct the
2 situation is,to some degree,the result of a hardship created by the-adoption of the City's Zoning
3 Ordinance.
4
5 The second issue is that the proposed deck plan calls for the steps to be incorporated into the
6 design so that the end result is a deck structure that comes around to the side of the house to
7 connect with the steps. The property owner stated that this will provide continuity, accessibility
8 and usability of the steps and deck but this plan also requires a 2-foot variance, as the deck will
9 then extend into the sideyard setback as well.
10
11 Ms. Silberschmidt is requesting that her application for a variance to the City's Zoning
12 Ordinance be granted because the undue hardship was not created by her as the property owner,
13 but by the adoption of the Zoning Ordinance in 1976. By repairing the steps and making them
14 part of the proposed deck, she is trying to correct an extraordinary circumstance by reducing the
15 size of the steps by 1.5 feet,thereby mitigating the impact of the existence of a nonconforming
16 use. The property owner feels that by being asked to comply with the full extent of the
17 Ordinance, she would be unduly restricted in the use of her property.
18
19 No one contacted the City Staff to voice any objections or concerns.
20 Marks asked for clarification with regard to finding a hardship. Horst stated the steps in question
21 were in place prior to the enactment of the City's Ordinance. He added the proposed
22 construction is an_improvement and access to the house would be limited without the setback
23 variance.
24
25 Marks asked whether the lot is of substandard size. Horst confirmed the lot is not substandard in
26 size.
27
28 Mayor Ranallo questioned why the proposed construction had been completed before the
29 variance had been granted.
30
31 Ms. Silberschmidt addressed the Council,stating she had applied for a building permit in
32 September 1998 at which time she discovered a variance would be required. She added she
33 spoke with Tom Brever,Prosecuting Attorney,who stated the variance allows the City to request
34, the removal of construction completed outside the variance, and advised her to contact Jay
35 Hartman, Public Works Director. Ms. Silberschmidt spoke with Kim Moore-Sykes,who
36 indicated the building inspector would make the necessary decision.
37
38 Ms. Silberschmidt stated the building inspector approved all footings including those in the
City Council Meeting Minutes
October 27, 1998
Page 5
1. setback. She added the footings were dug before the ground froze, but the deck has not been
2 completed pending decision by the Planning Commission and City Council with regard to the .
3 setback variance.
4
5 Horst stated the Planning Commission was satisfied that no malice was intended and Ms.
6 Silberschmidt indicated her willingness to remove the construction if variance was not granted.
7 He added while Ms. Silberschmidt was aware the Planning Commission and City Council do not
8 look favorably upon requests from residents who complete construction before variance is
9 granted,the Planning Commission decided there was sufficient grounds for granting the
10 variance.
11 Motion by Thuesen, second by Marks to approve the setback variance of 2 feet to the property at
12 3125 Roosevelt Street.
13 Motion carried unanimously.
14 Ranallo requested the Council address the enforcement of a penalty upon residents who carry out
15 construction prior to the granting of a variance,adding similar incidents have occurred recently. '
16 He stated a penalty might prevent the Council from being placed in a difficult position, and
17 suggested the issue might be discussed at a Council worksession.
18 B. Councilmembers.
19 Marks reported on his attendance at a Sister City,Committee meeting last Sunday in preparation
20 for the November 8, 1998 membership meeting. He invited all present to join the organization
21 and get involved in the organization's many activities.
22
23 Marks stated, with regard to the Sister City organization, a group from Finland is expected to
24 visit the City next June, including a youth dance group, and Tella,an honorary citizen of St.
25 Anthony.
26
27 Cavanaugh reported on his attendance at the Chamber of Commerce and Taxpayer's Association
28 luncheon. He also stated that he recently viewed the movie "Pleasantville" and it reminded him
29 of St. Anthony.
30
31 Thuesen reported on his attendance at the Chemical Abuse Prevention Forum earlier that day, at
32 which chemical use and abuse topics were addressed including the sale of alcohol to minors and
33 providing role models to young people in the community. He added local experts are in the
34 process of putting together programs promoting role modeling within the community.
35
36 Thuesen.stated he plans to pass on the information to the local chemical awareness task force
37 with which he has been involved,and hopes it will produce positive results for the community.
City Council Meeting Minutes
October 27, 1998
Page 6
1 - C. Mayor.
2 Ranallo stated the VillageFest appreciation night will be held November 6, 1998 at 6:30 P.M. at
3 the Stone House.
4
5 Ranallo stated the City had received-a Certificate of Appreciation,presented by a representative
6 of Senator Rod Gram, for the City's participation in National Crime Prevention Month. He
7 added National Night Out had started 10 years ago with a few neighborhood groups and has
8 grown over the years. He commended all those involved in the Neighborhood Crime Watch
9 program.
10
11 D. City Manager.
1.2 Kim Moore-Sykes,'Management Assistant, reported on behalf of Mike Mornson, City Manager,
13 that City staff have been actively participating in internet and e-mail training and have found it to
14 be beneficial and informative. She added the classes,taken at Ralph Reeder Community
15 Education Center in New Brighton and Mindsharp in downtown Minneapolis,have been
16 instructive and well-taught.
17 . VIII. PUBLIC HEARINGS-None.
18 IX. NEW BUSINESS -None.
19 X. UNFINISHED BUSINESS-None.
20 XI. ADJOURNMENT.
21 Motion by Marks, second by Faust to adjourn the meeting at 7:24 P:M.
22 Motion carried unanimously.
23 Respectfully submitted,
24 Mary Mullen
25 Timesaver,Off Site Secretarial, Inc.
26
27 Mayor
28 ATTEST:
29 City Clerk