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HomeMy WebLinkAboutCC PACKET 09101991 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103042 Box: 30 Folder: CC:PACKET51990-1994 Document: CC PACKET 09101991 CITY OF ST. ANTHONY RESOLUTION 91-044 A RESOLUTION REGARDING LEAD IN DRINKING WATER WHEREAS, municipal governments.that supply drinking water are committed to protecting public health by providing safe and aesthetically acceptable potable water; and WHEREAS, lead in drinking water due to leaching from home plumbing and distribution systems is of concern to city water suppliers; and WHEREAS, cities are responsible for the lead content of the water within the distribution system, but are not responsible and cannot control lead leaching from home - plumbing systems; and WHEREAS, the U.S. Environmental Protection Agency recently promulgated a National Primary Drinking Water Regulation for lead that establishes a maximum contaminant level goal for lead and establishes a treatment technique requirement that is triggered by exceedance of an established action level; and WHEREAS, the United States Conference of Mayors supports setting drinking water standards for compliance and enforcement purposes within the water supply distribution system; and WHEREAS, lead in drinking water presents a special case where contamination can occur within the home environment beyond the water suppliers' control; and WHEREAS, the U.S. Environmental Protection Agency regulation attempts to deal with the problem of lead leaching from home plumbing through water treatment and by requiring public water systems to collect diagnostic tap water samples for lead from high risk homes. NOW, THEREFORE, BE IT RESOLVED, that the United States Conference of Mayors supports the establishment of standards (maximum contaminant levels -MCLs) for drinking water monitored for compliance and enforcement purposes within the water distribution system which is under the ownership of the water supplier; and BE IT FURTHER RESOLVED that the United States Conference of Mayors supports diagnostic sampling for lead in order to provide the homeowner with information about lead being leached from the home environment and for purposes of analyzing appropriate corrosion control treatment; and BE IT FURTHER RESOLVED that drinking water diagnostic sampling at the customer's tap may be conducted on a cost recovery basis; and BE IT FURTHER RESOLVED that the prohibition of a new lead solder and flux be extended and vigorously enforced; and BE IT FURTHER RESOLVED that water systems, required to replace lead service connections, be allowed to develop a plan of replacement on a priority basis and in conjunction with state primacy agents. BE IT FURTHER RESOLVED that corrosion control treatment be required of large systems only upon exceedance of the lead action level of .015 mg/L measured in the 90th percentile. Adopted this day of , 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager I in the ilia Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 PROCLAn, 2noN WHEREAS, DA-RE. (Drug Abuse Resistance Education) is a semester-long program that teaches young people ways of resisting peer pressure to experiment with drugs and alcohol; WHEREAS, DA.RE. targets young people when they are most vulnerable to peer pressure and teaches skills to make positive decisions, as stvd as resist the pressure to engage in negative behaviors, WHEREU over 25 million students worldwide and over 100,000 Minnesota students in more than 150 communities, have been reached through D.A.R.E.; WHEREAS, the D.A.R.E.curriculum helpsstudents understandseff-image, recognize andmanage stress without taking drugs, evaluate risk-taking behavior, resistgang pressure, apply decision-making skills and evaluate the consequences of the choices available to them; WHEREAS, the D.A.R.E. program has achieved outstanding success, teaching positive and effective approaches to one of the most d�fficuft problems facing our young people today - drug abuse; WHEREAS, September 12, 1991, has been proclaimed National D.A.R.E. Day by the United States Congress, and Minnesota D.A.R.E. Day by the Governor of Minnesota. NOW, THEREFORE, the St. Anthony City Council hereby authorizes Mayor Chirence Ranalfo to sign the proclamation proclaiming rIhwsday,,September 12, 1991, to be DARE. DAY in the City of St. Anthony, Minnesota. Date Mayor in th®n HE Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 p' 0CLAMA7'Z091( WHEREAS, the Kiwanis Club of St. Anthony is an organization dedicated to Helping community youths educationally and spiritually; and WHEREAS, the Kiwanis Club of St. Anthony is also committed to other community services; and WHEREAS, in order to raise funds for its many and varied programs, the Kiwanis Club of St. Anthony has requested a day be set aside in St. Anthony Village for the sale of peanuts. NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony City Council hereby designates Friday,September 2T, 1991, as ST ANgHON 'K2 WAN7,S PEgNUT DAY Mayor Date thon b in HE Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 PROCLAM9-LOON WHERE-gs, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and WHEREAS, it is important that all citizens fully understand the provisions, principles and meaning of the Constitution so they can support, preserve and defend it against encroachment; and WHEREAS, the Bicentennial of the Constitution provides an historic opportimity for all Americans to (earn about and to reflect upon the rights and privileges of citizenship and its responsibilities and WHEREAS, the President and the Congress of the United,States have designated,September 17th as Citizenship Day and the wee%of September 17-23 as Constitution Wetk and WHERERS, the people of the City of St.Anthony do enjoy the blessings of(rberty, the guarantees of the Bill of Riq* equal protection of the law under the Constitution, and the freedoms derived from it. NOW, THEREFORE, 1, Clarence Ranallo, as Mayor of the City of St. Anthony, in cooperation with the Commission on the Bicentennial of the Untied States Constitution, do hereby proclaim September 17, 1991, as CITIZ£91($H7.P DJi7; and the uiee/(,of September 1723, 1991, as CO902'ItMrn0N %NEE..K and invite every citizen and institution to join in the national commemoration. ALA A Mayor t � Date '1 CITY OF ST. ANTHONY RESOLUTION 91-042 A RESOLUTION SUPPORTING A DESIGN FOR THE RECONSTRUCTION OF SILVER LAKE ROAD BETWEEN SILVER LANE AND I-694 WHEREAS, the City of St. Anthony supports improvements which will enhance traffic safety on Silver Lake Road; and WHEREAS, Ramsey County has prepared preliminary plans and a design for such improvements which the St. Anthony City Council has reviewed. NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony City Council hereby approves and supports said plans and the design for the improvements to Silver Lake Road between Silver Lane and I-694; and BE IT FURTHER RESOLVED, that the St. Anthony City Council hereby recommends Ramsey County proceed with a public hearing at which time the County will provide additional evaluation of specific cites and issues pertaining to the Silver Lake Road Improvement Project. Adopted this day of . 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager I CITY OF ST. ANTHONY MINUTES OF REGULAR COUNCIL MEETING 3 OF AUGUST 27 , 1991 4 5 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 6 7 The Council meeting was called to order at 7: 30 p.m. and Mayor 8 Ranallo led the Pledge of Allegiance. 9 10 2. ROLL CALL: 11 12 Council Present : Mayor Ranallo, Councilmembers Enrooth, 13 Fleming, and Wagner. 14 15 Staff Present : City Manager Burt and Management Assistant 16 Urbia. 17 18 Council Absent : Councilmember Marks 19 20 3 . APPROVAL OF AUGUST 27 , 1991 COUNCIL AGENDA 21 22 Motion by Wagner , second by Enrooth to approve the Council 40 Agenda for the August 27 , 1991 Council Meeting with the following additions : 25 26 Request for permission to conduct White Cane Day by the Lions 27 Club; 28 Request for licenses for game machines at the Fun Center; and 29 Letter from the Metropolitan Transit Commission 30 31 Motion carried unanimously 32 33 4 . APPROVAL OF AUGUST 13 , 1991 COUNCIL MEETING MINUTES 34 35 Motion by Fleming, second by Wagner to approve the minutes of 36 the August 13, 1991 Council Meeting with the following 37 corrections : 38 39 page 4 , line 25: between the words "its" and "history" insert 40 the word "current" 41 page 6 , line 24 : Delete "St -Anthony' s" and replace with 42 "Minneapolis" 43 page 6, line 26 : at end of sentence add "of St . Anthony" 44 45 Motion carried unanimously 46 47 +08 I REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 • 3 PAGE 2 4 5 6 5. LICENSES/PERMITS/PETITIONS 7 8 Contractors Licenses 9 10 Motion by Enrooth, second by Ranallo to approve the 11 contractor ' s license for Donnelly Stucco Company of 12 Minneapolis , Mn. 13 14 Motion carried unanimously 15 16 17 Motion by Enrooth, second by Ranallo to approve the 18 contractor ' s license for Midwest Window Company of 19 Minneapolis , Mn. 20 21 Motion carried unanimously 22 23 24 Motion by Enrooth, second by Ranallo to approve the 25 contractor ' s license for North Country Irrigation of Andover, 26 Mn. 27 •28 Motion carried unanimously 29 30 31 Motion by Enrooth, second by Ranallo to approve the 32 contractor ' s license for Custom Remodelers , Inc. of Spring 33 Lake Park, Mn . 34 35 Motion carried unanimously 36 37 38 39 Heatina License 40 41 Motion by Enrooth, second by Ranallo to approve the heating 42 license for "Thermex Corporation of Minneapolis, Mn. 43 44 Motion carried unanimously 45 46 47 3 . 2 Beer Temporary Permit 48 49 Motion by Enrooth, second by Ranallo to approve the 3. 2 Beer 50 temporary permit to Dennis Fagerlee, 3407 Croft Drive, for a 51 company picnic on September 11 , 1991 in Central Park. 52 53 Motion carried unanimously • 54 1 REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 3 4 5 6 Video Machine Licenses 7 8 Dave Logan, the new owner of the Fun Center which is located 9 at St . Anthony Shopping Center, introduced himself . He stated 10 he is intending to set the Fun Center in a new direction and it explained some of his strategies for accomplishing this. 12 13 Mr. Logan knew the history of the Fun Center, which included 14 active drug using by its patrons and a reputation which was 15 not very desirable. He had observed that the physical 16 appearance of the facility was unkempt and he is .presently 17 making considerable efforts to improve i,ts reputation as well 18 as its appearance. 19 20 It is the position of Mr . Logan that if he makes the Fun 21 Center a comfortable and welcoming place and adhers to strict 22 behavior guidelines he will attract a desirable clientele and 23 his business will succeed. 24 25 Burt noted that Mr. Logan had indicted he may choose to have 26 for sale non-alcoholic beer. Burt was concerned about this 41 matter and contacted the State regarding this matter. He was reassured that this beverage is considered "pop" and was 29 allowable in establishments which served minors . 30 31 Mr . Logan stated he will be selling this beverage from a 32 cooler behind a counter . He is also considering food vending 33 machines in the future. 34 35 Mr . Logan had one concern regarding the requirements for rest 36 rooms . He noted that presently there are two and he wondered 37 if two were required, as one is very large and takes up 38 considerable space. He was directed to contact the City' s 39 Public Works Director and it was noted that any modifications 40 he may make to the building will require building permits . 41 42 The City Manager advised that the machines be licensed to the 43 owner of the business. 44 45 Motion by Enrooth, second by Fleming to approve nine video 46 machine permits to David Logan., 47 48 Motion carried unanimously 49 50 Lion ' s Club White Cane Day 51 4 1 REGULAR COUNCIL MEETING • 2 AUGUST 27 , 1991 3 PAGE 4 4 5 6 Ken Girard, representing the St . Anthony Lion' s Club, is requesting 7 permission for the Club to hold a White Cane Day fundraiser on 8 September 14 , 1991 . 9 10 This is the second year this function will be operated in St . 11 Anthony. Proceeds go to the Lions Eye Bank and the Children's Eye 12 Program at the University of Minnesota Hospitals. 13 14 Last year the Club raised $800 .00 in four hours . - There are 15 presently eighteen members in the Lions Club and Mr. Girard noted 16 there is hope that the membership will increase. Mayor Ranallo 17 stated that the Club has raised an enormous amount of money in the 1.8 twenty-five years of its existence. Mr. Girard noted that the Club 19 has purchased the scoreboard at the High School , the timekeeping 20 board for the indoor swimming pool and donated $3 ,000 to Trillium 21 Park. 22 23 Last year , Mr . Girard attended a Council Meeting where Kay Andrews 24 was present . Ms . Andrews is the Executive Director of the Northwest 25 Youth Services Bureau and is visually impaired. Mr. Girard referred 26 her to the Lions Club Pull Tab Committee for funds for the Bureau. 27 He noted she was successful in her request . Ms. Andrews uses a • 28 " leader dog" and Mr . Girard informed the Council of the numerous 29 activities of the Lions Club in the "Leader Dog Program. " 30 31 Motion by Wagner , second by Fleming to designate September 11 , 1991 32 as "White Cane Day in St . Anthony" . 33 34 Motion carried unanimously 35 36 37 6 . PRESENTATION OF CLAIMS 38 39 A. -Maier Stewart & Associates 40 Motion by Wagner, second by Enrooth to approve payment in 41 the amount of $971 . 61 to Maier Stewart .& Associates for 42 engineering services rendered from June 30, 1991 through 43 July 27, 1991 for the Chandler Drive Concrete Pavement 44 Rehab. 45 46 Motion carried unanimously 47 48 'B. Dorsey & Whitney 49 Motion by Enrooth, second by Ranallo to approve payment 50 in the amount of $110 . 00 to Dorsey & Whitney for legal 51 services rendered through June 30, 1991 for the Foss Road 52 Life Station (NewMech Companies ) • 53 54 1 REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 5 4 5 6 Motion carried unanimously 7 8 9 C. Dorsey & Whitney 10 Motion by Enrooth, second by Ranallo to approve payment 11 in the amount of $765.00 to Dorsey & Whitney for legal 12 services rendered through June 30 , 1991 for the 13 Walgreen' s rezoning matter. 14 15 Motion carried unanimously 16 17 18 D. Dorsey & Whitney 19 Motion by Enrooth, second by Ranallo to approve payment 20 in the amount of $1 , 118 . 65 to Dorsey & Whitney for legal 21 services rendered through June 30 , 1991 for various 22 matters . 23 24 Motion carried unanimously 25 26 E. Canada Goose Program Motion by Fleming, second by Wagner to approve payment in 9 the amount of $334 . 00 to the Canada Goose Program for the 30 capture and relocation program conducted by Dr. James 31 Cooper , Associate Professor and wildlife specialist . 32 33 Motion carried unanimously 34 35 36 F. Verified Claims 37 Motion by Wagner, second by Enrooth to approve the one 38 page of verified claims as presented by the Finance 39 Director. 40 41 Motion carried unanimously 42 43 44 Ken Girard, who was attending the Council meeting representing the 45 St . Anthony Lions Club, commented on the unsightly appearance of 46 the property located on the north side of 37th Avenue. This 47 property is located between the Standard Oil Service Station and 48 the American Monarch building. He stated he has been complaining 49 about this property for three years and has seen no improvement . 50 51 The City Manager noted that this property is owned by American 2 Monarch . This company has recently filed for bankruptcy. He noted that the City will have to formally request this company to clean 04 up the area. If they do not comply, then the City can. do the clean I REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 • 3 PAGE 6 4 5 6 up and bill the company. 7 8 Representative Mary Jo McGuire, who represents St . Anthony, was in 9 attendance at the Council meeting to give an update of legislative 10 decisions made at the recent Legislative Session which affect or 11 impact the City. 12 13 Before she addressed legislative issues , she requested additional 14 information regarding the Goose Removal Program. The Mayor read the 15 letter received from Dr. Cooper stating the specifics of the 16 Program in conjunction with Silver Lake. Representative McGuire 17 noted she will also follow through on Mr. Logan' s inquiry about 18 requirements for bathroom facilities in a business . 19 20 Representative McGuire attended a portion of the City' s Village 21 Fest and enjoyed the afternoon. She was accompanied by the City' s 22 DARE Officer . She will be attending the upcoming DARE graduation. 23 24 Representative McGuire stated she is focusing on suburban oriented 25 issues during the interim session. The shortfall in the taxes is 26 being focused on presently specifically in the area of the optional 27 sales tax rather than property taxes . She noted that this sales tax • 28 was hardly "optional " but almost a mandate for counties . 29 30 A Local Government Trust Fund has been established and it ' s funding 31 level cannot be touched by the Legislature to be used for other 32 purposes than funding municipalities on a "need" basis . Some 33 legislators are attempting to make this Trust Fund a constitutional 34 amendment to protect its being continued. 35 36 A cost savings was realized by the State by the elimination of some 37 state agencies . The Metropolitan Council and the Mosquito Control 38 Agency are also being looked at for possible savings of funds . 39 A Study Commission serving Ramsey County has been meeting weekly 40 with the purpose of coordinating municipal services to realize 41 savngs . 42 43 Representative McGuire advised that a major health care access bill 44 was passed but vetoed by the Governor. A redistricting bill was 45 passed and also vetoed by the Governor . This bill is presently in 46 the courts. 47 48 Other issues being addressed during the mini session will. be 49 gambling regulations overhaul ; increase of penalties for drug 50 related crimes ; violent crime sentencing; sex offender treatment 51 programs and the Juvenile Justice System. Emphasis will be put on 52 prevention of juvenile crimes by providing resources which address • 53 juvenile anger and stress . The merger of institutions of higher 54 education was passed but the funding was vetoed. 1 REGULAR COUNCIL MEETING AUGUST 27 , 1991 PAGE 7 4 5 6 Representative McGuire commented on the Vehicle Inspection Program. 7 Councilmember Enrooth suggested that trucks should also be made to 8 be inspected as they appear to be high polluters. She felt buses 9 should also come under this inspection program. 10 11 The Mayor stated that the Youth Services Bureau supply a great deal 12 of resources to the communities which it serves . It continually 13 needs funding from these communities, yet the Governor is telling 14 cities to not get involved but rather commit their resources to 15 necessary municipal services such as police, fire, etc. . The Mayor 16 also noted his opposition to combining police and fire services 17 with other municipalities. He feels this would eliminate the 18 effectiveness and quick response time presently available to 19 residents . Representative McGuire agreed that "bigger" is not 20 necessarily "better. " 21 22 Burt advised that the mayors and city managers of five neighboring 23 cities have been meeting regularly to address common problems and 24 possible areas where cooperative efforts would be advantageous . He 25 felt cities do a very poor job of "blowing their own horn" 26 regarding the positive results of cooperative efforts. He noted 27 that approximately fifty percent of all city activities are on a cooperative basis . 30 The City Manager expressed his concern that the Legislature may 31 feel compelled to do something in forcing cooperative agreements 32 between municipalities . He noted that city managers have taken an 33 active role that something is being done -and this should not be 34 mandated. 35 36 Representative McGuire advised that there will be a mini session in 37 October and inquired if - members of the Council or staff had any 38 issues which they wanted addressed at this session or to have a 39 public hearing on any topic. 40 41 Two issues of interest were the School District and the Hater 42 Treatment Plant . Noting that there has been a thirty percent 43 increase in charges , Councilmember Enrooth felt the Metropolitan 44 Waste Control Commission should be discussed. Mayor Ranallo felt 45 the Metropolitan Council should clearly be an issue discussed. 46 Councilmember Wagner suggested cooperation of services of 47 municipalities should be an issue of discussion. Councilmember 48 Fleming suggested that the topic of charitable gambling not be 49 discussed. She feels - that the profits from charitable gambling are 50 being prudently used and projects are being funded that were not 51 possible nor affordable in the past . Frustating the public should 52 be avoided. �4 1 REGULAR COUNCIL MEETING • 2 AUGUST 27 , 1991 3 PAGE 8 4 5 6 7 . REPORTS 7 8 ' A. Council Reports 9 10 Report of Councilmember Warner 11 Councilmember Wagner referred to the study of the delivery of 12 services by local governments which was received by members of 13 the City Council . He felt this study was well documented and 14 a good beginning. .15 16 Report of Councilmember Flemina 17 Councilmember Fleming explained the reason for her absence 1B from the last Council meeting. Her new grandson, David 19 Michael , was born about the time the meeting was being 20 convened. 21 22 Report of Councilmember Enrooth 23 Councilmember Enrooth advised there was a meeting of the 24 Association of Metropolitan Municipalities Metro Governance 25 committee on Wednesday, August 14th which he attended. 26 27 Councilmember Enrooth noted that the City' s Clean-Up Day is 28 scheduled for Saturday, September 14th. There will be some 29 booths at the Recycling Center and he invited any interested 30 members of the Council to drop by. 31 32 Report of Mayor Ranallo 33 The League of Minnesota Cities Federal Legislation Committee, 34 _chaired by Mayor Ranallo, held its second meeting. The main 35 issue for discussion was the "Police Discipline" matter. It 36 was noted that the federal version of this bill is much 37 stronger than that of the State. 38 39 The Mayor attended the recent meeting of the group which will 40 be hosting a Columbus Celebration at Apache Plaza. He stated 41 that the Merchants Association is very enthused about this 42 month long celebration. 43 44 The Mayor met with the St . Anthony Merchants Association whose 45 members stated their positive feelings about the. new owner of 46 the Fun Center, Dave Logan. Some positive effects of this new 47 ownership have been observed at the Shopping Center. 48 49 B. Report of the City Manager 50 51 The City Manager advised that Judy Monson of the 52 Administrative staff will be out of the office for • 53 approximately one month. A resident of the City has been hired 54 to replace her for the period of time she is out . 1 REGULAR COUNCIL MEETING 0 AUGUST 27 , 1991 PAGE 9 4 5 6 1 . 1991 Audit/Auditor 7 In 1989 procuring the services of a new auditor was not 8 recommended in that the City Manager had just been hired. 9 In 1990 selecting a new auditor was, not recommended as 10 the Finance Director has just been. hired. Staff is not 11 recommending changing auditors for the 1991 audit as the 12 computer system is presently being changed over to a new 13 system. 1,4 15 The City Manager recognized the need to solicit the 16 services of an auditor on a regular basis, but felt these 17 last three years had some prohibitions which would not 18 have made a change practical . Councilmember Enrooth 19 expressed his concern with continuing with the same 20 auditor for three years . The City Manager advised that 21 this will be a bid process next year. He noted that with 22 the new computer service there has been a $350 savings 23 realized each payroll period. 24 25 No Council action was necessary on this matter. 26 diLetter From the Metropolitan Transit Commission 29 Mayor Ranallo read a letter received from the Metropolitan 30 Transit Commission which was in response to the concerns 31 expressed regarding service and number of routes in St . 32 Anthony. 33 34 Staff of the MTC is requesting the Council designate an 35 elected official or a member of the City staff to assist them 36 in defining -the problems with service and routing. 37 38 The City Manager noted that presently Dave Urbia has been 39 working with the MTC and he recommended that Dave continue. 40 41 It was noted that the City is installing the concrete pads for 42 the bus shelters and the MTC would 'be supplying the shelters . 43 Presently, there are shelters at numerous locations in the 44 City and the location of 33rd Avenue and Silver Lake Road is 45 being proposed. 46 47 8. PUBLIC HEARINGS 48 49 There were no public hearings . 50 51 9 . NEW BUSINESS 2 A. Resolution No. 91-039: Re: 1992 Proposed Tax Levy, 4 Budget , and Public Hearing Dates I REGULAR COUNCIL MEETING 2 AUGUST 27 , 1991 3 PAGE 10 4 5 6 The dates for the Public Hearing being proposed are 7 Tuesday, November 26, 1991 at 7 : 30 p.m. and if necessary 8 be reconvened to Wednesday, December 4 , 1991 at 7: 30 p.m. 9 If the reconvened date is not used for the budget 10 discussion it would be a Council Work Session. Mayor 11 Ranallo suggested that the Public Hearing be held in a 12 larger room, possibly the Cafeteria. 13 14 The City Manager advised that the three percent 15 adjustment to the base was not made. The City is losing 16 approximately $75,000 .00 of its Local Government Aid. 17 This is the same figure that the levy would be increased. 18 The City Council reduced its General Fund levy by 19 $20 , 000 . 20 21 There will be a 1 . 7% increase on what property owners 22 will be taxed on and there was no growth in the City' s 23 operating budget . The levy must be certified by September 24 1 , 1991 and the City is not levying to the full amount 25 allowable. 26 27 Motion by Fleming, second by Enrooth to adopt Resolution 28 No. 91-039 being a resolution setting proposed 1992 tax 29 levy, 1992 budget and public hearing dates in compliance 30 with the Truth in Taxation Act . 31 32 Motion carried unanimously 33 34 35 B. Resolution No. 91-040 : Re: Congressional Superfund 36 Statute 37 38 The City Manager noted that the purpose of amending the 39 Superfund statute is to clearly provide that municipal 40 solid waste is not a hazardous substance in the same 41 fashion as provided under the Resource Conservation and 42 Recovery Act . 43 44 It was noted that presently Senator Durenberger has 45 withheld his support for this legislation but pressure is 46 being put on him to support it . 47 48 Motion by Ranallo, second by Wagner to approve Resolution 49 No. 91-040 being a resolution urging congressional relief 50 from application of Superfund Statute. 51 52 Motion carried unanimously 53 54 Mayor Ranallo requested staff to send a copy of this REGULAR COUNCIL MEETING AUGUST 27 , 1991 3 PAGE 11 4 5 6 resolution to the League of Minnesota Cities and to the 7 Association of Metropolitan Municipalities . 8 9 C. Resolution No. 91-041 ; Re: Award Bid for Chandler Drive 10 Street Improvements 11 12 The City Manager felt the low bid received was a good 13 bid. He mentioned he had hoped to include the sidewalk 14 project on Kenzie Terrace in this bid but more 15 information was needed on the bid bonds as this was a 16 C.D.B.G. project . 17 18 The sharp curve on Chandler Drive will be removed from 19 the street . The project will be started soon. 20 21 Motion by Wagner, second by Enrooth to approve Resolution 22 No. 91-041 being a resolution accepting bid in the matter 23 of Chandler Drive concrete pavement rehabilitation. 24 25 Motion carried unanimously #a Mayor Ranallo reminded everyone of the post Village Fest Volunteer 29 party at his home on -Friday, September 6th. 30 31 The Mayor witnessed a response to a call made by a St . Anthony 32 Police reserve for assistance at Apache Plaza Shopping Center. He 33 felt this reserve should have some recognition because of his quick 34 action, drugs and possible drug dealers were apprehended. The City 35 Manager noted that the matter is still under investigation. 36 37 11 . ADJOURNMENT 38 39 Motion by Enrooth, second by Wagner to adjourn the meeting at 40 9: 00 p.m. . 41 42 Motion carried unanimously. 43 44 45 Respectfully submitted, --- 46 47 Jo-Anne Student , Council Secretary 48 49 Mayor Clarence Ranallo 50 51 ATTEST: 0 3 City Clerk Barr Engineering Company 7803 Glenroy Road Minneapolis,MN 55439-3123 6121830-0555 6121835-0186(Facsimile) Page # 1 Statement # 8643-3360 Project # 23/27-522 August 28. 1991 City Of St. Anthony 3301 Silver Lake Road Minneapolis, MN 55418 Attn: Larry Hamer RE: Highcrest Street Outlet Statement of Account with BARR ENGINEERING CO. For professional services through August 3, 1991 Field surveys, pipe inspection, and preliminary design. Dennis E. Palmer, Professional Engineer 7.8 hours @ $100.00 per hour . . . . . . . . $ 780.00 Technical 11.5 hours @ $40.00 per hour . . . . . . . . $ 460.00 0.8 hours @ $30.00 per hour . . . . . . . . $ 24.00 9.2 hours @ $25.00 per hour . . . . . . . . $ 230.00 Administrative 0.9 hours @ $30.00. per hour . . . . . . . . $ 27.00 Expenses Mileage . . . . . . . . . . . . . . . . $ 35.70 Equipment . . . . . . . . . . . . . . . . $ 17.00 cacacccccc c�c Total Payable $ 1.573.70 Dennis E. Palmer Barr Engineering Company 7803 Glenroy Road Minneapolis,MN 55439-3123 6121830-0555 612/835-0186(Facsimile) Page # 1 Statement # 8642-3360 Project # 23/27-467 August 30, 1991 City Of St. Anthony 3301 Silver Lake Road Minneapolis, MN 55418 Attn: Larry Hamer RE: District 6 Statement of Account with BARR ENGINEERING CO. For professional services during the period of June 30, 1991 through August 3, 1991 During this period we obtained aerial topography, delineated drainage areas (from the information provided by the aerial topography and other older maps of the area) , made field trips (to gain additional information where the maps detail was limited) , reviewed land use within the drainage areas (from the comprehensive zoning plan for the City) , and compiled all this information on the drainage system for each drainage area, as input to the Barr and SWAMP Computer Models. Dennis E. Palmer, Professional Engineer 1.5 hours @ $100.00 per hour . . . . . . . . $ 150.00 Paul T. Swenson, Professional Engineer 9.8 hours @ $55.00 per hour . . . . . . . . $ 539.00 Technical 66.0 hours @ $25.00 per hour . . . . . . . . $ 1,650.00 Administrative 0.5 hours @ $30.00 per hour . . . . . . . . $ 15.00 Expenses Printing . . . . . . . . . . . . . . . . $ 18.15 Mileage . . . . . . . . . . . . . $ 22.80 Computer Use . . . . . . . . . . . . . $ 47.05 ccccacaccccca Total Payable $ 2,442.00 Total Contract $ 25,400.00 Previously Billed $ 34,386.74 Dennis E. Palmer �jBR.0 FINANCIAL_ SYSTEM ST. ANTHONY VIL_LAGI 09/05/91 11 : 11 Check Register GL540R-VO4 .07 PAGE j BANK VENDOR CHECK# DATE AMOUNT i FIRS F I R S T A S) . -N TN'ONY 7F F F CICT?TG - ----- - - - 000237 A T & T COMMUNICATION 1522 09/11/91 74 .98 i 000238 r T c 000235 A T & T INFORMATION SYST 1524 09/11/91 41 . 3, 000020 AA BATTERY CO 1525 09/11/91 69. '%9 0001 -0 FAME L Ta EN- 097`i 9 -- ' 000135 AMERICAN RISK SERVICES I 1527 09/11./91 377 .00 23.02 000115 AMES PHOTO FINISH 1528 09/11/91 000010 AT , T C:uNS P H.U L) t _.V - 5 2 9 09T11/9 t 2 -1�--- 008144 BANKCARD 1530 09/11/91 49.99 008134 BER.KLEY INS. SERVICES 153.1 09/11/91 2 ,89.1. .00 CE=A _00233 5 i 45-65----- :008145 CELLULAR ONE 1533 09/11/91 464 .00 .00001 . CENTURY FENCE COMPANY 1534 09/11/91 18. 50 .00006 CHA _.. .a UU . 113 >.-b _ 275-.-00- 000635 COAST TO COAST 1536 09/11/91 95. 88 1 000780 CYS MENS WEAR 1537 09/11/91 104 . 35 si 007178 D-ROCK CENTER & SMALL. 1,1311)0-09/11/91 24.-OFS � 000860 ENGSTR.OM/RICHARD 1539 09/11/91 34.34 .00002 ESS BROTHERS 1540 09/11/91 128.00 j FEED RI T E C L .r _000920 t , 005i251 FIRE INSTRUCT MN 1542 09/11/91 177 .90 000950 FIRESTONE TIKE CO 1543 09/11/91 13. 50 000970 FLASH FO TL 44 9__ . 47---- 1 001025 G & K SERVICES 1545 09/11%91 46. 53 - 0.01030 . . G. & K SERVICES 1546 09/11/91 150.69 -� 001145 GLENWOOD INGLEWOOD 15-4-7-0 9-ITI/9 --23:85-- - >' 001241 G'R.ACE,/DUAN E 1548 09/11/91 959.00 a i _001410 HAR.MON GLASS _1549 09/11/91_ 208. 00 ' 001505 HENN CO `HEFIFF-- ----------- ---- --1_:550-09/lr/97=---- - - -32.00 'i 005017 HENNEPIN COUNTY TREASURE 1551 09/11/91 492.00 007220 HENNEPIN COUNTY TREE REC 1:52 09/1.1./91 32.50 001680 J C AUTO SUPPLY ,7 � i 007102 JOHNSON/RICHARD 1554 09/11/91 3. 51. 0_01820 KOCH MATERIALS COMPANY 1555 09/11/91 1 ,532 . 00 . 00001 LAW OR.Dr-R MAGAZITTE55E�-09f1�/tJ -- - i 000715 LEEF BROS 1557 09/11/91 3. 55 002040 LIL_LIE SUBURBAN NEWSPAPE 1558 09/11/91 584 .03 � . 00004 LOWELL , _-5-.59-09 - -i 007166 LUCKING MACHINE CO 1560 09/11/91 ?_0.00 002160 MARSHALL CONCRETE PROD 1561 09/11/91 7 . 50 002135 MAUMA - --- - - -- - - -1562 -09/11/9.t - - - 60 -00 002280 MIDWEST ASPHALT CORP 1563 09/1.1/91 332. 64 000045 MIDWEST BUSINESS Pn^.ODUCT 1564 09/11/91 71.1 .95 J 007159 NAPA a 005144 NAT ' L_ FIRE PROTECTION AS 1_166 09/11/91 273. 44 002680 NORTHERN STATES POWER 1567 09/11/91 7 ,642.22 007043 NORTHERN STATE. PO-W-E :1-5673-CS`r/111 • 1.. ,-226:36------ 002840 P ER.A 1569 09/11/91 158. 13 1 4$RC.-FINANCIAL SYSTE!"1 ST. ANTHONY VILLAGE ' t?9,/05/91: 11 11 Check Register GL540R-VO4 .07 PAGE BANK VENDOR CHECK# DATE AMOUNT ST—AlgTR L)NY-CR EC K a ---- 008146 POST PUBLICATIONS 1570 .09/11/91 30.00 002980 _.» t5 _ _ 225 . 74 003000 RADIO SHACK 1572 09/11/91 2.65 003660 RAMSEY COUNTY 1573 09/11/91 7 .00 007046 S S(�T_E�i VICE— 1{174-09 -t/9 1 91- --- - 003065 ROAD RESCUE INC 1575 09/11/91 14 . 10 003315 SERCO LABORATORIES 1576 09/11/91 225.00 003460 SPRING LAKE PARK LUMBER 1577 uvl --�'�--- .00002 TIM LANG 157£ 09/11/91 50.00 003560 TRACY PRINTING 1579 09/11/91 635. 50 Ofl3630 T �N° S ERYTC ES 91 219--95 --- 008133 URBI.A/D.AVID: . 15x1 . 09/11/91 30.40 ::002700 US WEST COMMUNICATIONS 1582. 09/11/91 497 .91 .00007 VALLEY VIEW ASSUGIAILS - - a 003710 VAN 0 LITE INC 1584 09/11/91 21 .90 a 0037351 WASTE MGMT 1585 09/11/91 440. 1.4 003740 WATER RODUCTE�� ANY .4-0---- FIR STAR ST. ANTHONY CHECKING 27, 119. 27 **= 3 ' J J s� 7 1 7 1 7 - { BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 08/29/91 10 : 01 Check Register GL540R-VO4 .07 PAGE 1 K VENDOR - �! CHECK# DATE AMOUNT --LIQR _LIQUOR CHECKING ACCOUNT_ 004003 ACRES OF CORN 1435 08/29/91 102 . 50 ---004009--AETNA. LIFE--&_CASUALTY _ -_1436 _08 /29/91 969.80 004035 BELLBOY CORP 1437 08/29/91 113 .00 004062 CELLULAR ONE 1438 08/29/91 28.47 ___ _004080___ CITY_._COUNTY_FE D CREDIT U__ _143_9_08/29/91 _110 .00_ 004098 COMMERCIAL LIFE INS CO 1440 08/29/91 22 . 10 004100 COMMISSIONER OF REVENUE 1441 08/29/91 819 . 34 004105--__COMMUNITY STEAM__CLEANERS__ __ ___ _ ... . 1442. 08/29/­.9l_ _--_-- 250 .00 004111 DATA & TEL COMMUNICATION 1443 08/29/91 27 . 50 004120 EAGLE WINE CO 1444 08/29/91 381 . 56 004-1-34 -ECOLAB_-- __-__14A!5_081_2 V-2-1- _ .120 ..19 004135 ELECTRO WATCHMAN INC 1446 08/29/91 45 . 00 004311 FIRST BANK 1447 08/29/91 1 , 922 . 55 0044-10- -FIRSTAR_ST-ArLTFONY_BANK ___144.8.08j2-9L91 6_,041 . 93 004175 GRIGGS COOPER & CO INC 1449 08/29/91 81979 . 06 004185 GROUP HEALTH PLAN INC 1450 08/29/91 439 . 28 --004202---- HENN CTY SUPPORT_.&_COLL_ -_ _ _ 145-1 08/29/91 - 83 .00 -_ 004208 I C M A RETIREMENT TRUS 1452 08/29/91 26 . 76 004220 JOHNSON WINE CO 1453 08/29/91 3 , 292 . 25 -- - 004242 JOHNSON/LINWOOD-- -- --- - 1454 08/29/9.1 - __ 600 . 00 004225 KRAFT FOODSERVICE 1455 08/29/91 1 , 070 . 84 004235 LE CLAIRE/DIANE 1456 08/29/91 125 .00 004259---- MANIFEST-GROUPS_THE----_--__ --1457-08/_29291_ ___ __106 . 1-2 __ __106 . 1-2 -0-004269 MED CENTER 1458 08/29/91 357 . 20 004272 METZ BAKING CO 1459 08/29/91 114 . 92 00431-3- --MUZAK-- ---------- - --- ___- -1460__0.81.29291_-______ 71 . 10 004325 NELSON/RAYMOND J 1461 08/29/91 160.00 004334 NORTHEASTER 1462 08/29/91 135 .00 -004335 NORTHERN-STATES-POWER ---- 1463-08/29_/_91. -_.4 , 86.0-.98______.__ . 00001 PERA 1464 08/29/91 29001 . 65 004360 PHILLIPS AND SONS COMPAN 1465 08/29/91 2 , 003 . 18 ----- 004365- -PHYSICIANS-HEALTH--PLAN-- --- ----- 1466 08/29/_91 _1 ,856-. 00 _ 004366 PIONEER DETECTIVE AGENCY 1467 08/29/91 408.00 004377 PROCLEAN 1468 08/29/91 190.00 -004378 - PROFESSIONAL PROCESSING -- 146 9_08/_29/41- - 238 .06 004380 PUBLIC EMPLOYEE RETIREME 1470 08/29/91 72 . 00 004385 QUALITY WINE CO 1471 08/29/91 1 , 700 . 69 --- . 00002-- TRI TECH DISPENSING ---- - ---- - - 1472 08/2.9/91_-_- 67 . 50 004492 U S WEST COMMUNICATIONS 1473 08/29/91 517 . 88 004491 UNITED WAY 1474 08/29/91 72 .00 ------004498 -- - WESTLUND'-S- ---- ---- 1475 08/29/-91 _.___ . ___82_._31-_ LIQUOR CHECKING ACCOUNT 40 , 584 . 72 *** • 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES OF 3 AUGUST 20 , 1991 4 1 . CALL TO ORDER 5 6 The meeting was called to order at 7: 35 p.m. with the Pledge 7 of Allegiance led by Chairman Madden. 8 9 2 . ROLL CALL 10 11 Present : Madden, Brownell , Faust , Franzese, Gondorchin, 12 Murphy and Werenicz 13 14 Staff .Present : City Manager Burt and Management Assistant 15 Urbia 16 17 3 . APPROVAL OF JUNE 18 , 1991 PLANNING COMMISSION_MEETING MINUTES 18 19 Motion by Murphy, second by Faust to approve the minutes of 20 the June 18 , 1991 Planning Commission Meeting with the 21 following corrections : 22 23 page 3, line 21 : Delete "Williams ' s" and replace with 24 "Williams ' " 25 page 13, line 15: Change "Gondorchin" and replace with 26 "Murphy" 27 28 Motion carried unanimously 29 30 There were no additions to the agenda for the Planning Commission 31 meeting. 32 33 4 . DESIGNATE COMMISSION REPRESENTATIVE TO SEPTEMBER 10 , 1991 34 COUNCIL MEETING 35 36 Commissioner Brownell will represent the Planning Commission 37 at the September 10 , 1991 Council Meeting. 38 39 5. PUBLIC HEARINGS 40 41 A. Thomas Shamp, 3209 Edward Street N.E. - Fence Variance 42 Request 43 44 All affected property owners have received notice of this 45 public hearing. 46 47 Mr. Shamp is requesting a variance from the fence height 48 requirements to allow for an eight foot six inch fence. 49 The request is for a two foot six inch variance from the 50 ordinance as the ordinance states that no fence shall be 51 over six feet in height . � r 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 2 4 5 STAFF REPORT 6 7 A letter-was received from Mr. Shamp which addressed two 8 important issues , those being: the slope of the property 9 required for drainage and that the fence is an integral 10 part of the deck and it does not exceed the six foot 11 maximum requirement when measured from the top of -the 12 deck as compared to measuring from the ground. 13 14 Urbia showed the Commission members photos of the project 15 which displayed some planned lattice which will be in 16 place in the future. Commissioner Murphy expressed some 17 concern regarding the compliance of the deck meeting code 18 and felt the height being considered would be over the 19 allowable height . 20 21 Urbia advised that the Public Works Director, Larry 22 Hamer, had observed that the fence may be too high and 23 recommended to Mr. Shamp he go through the variance 24 request procedure. It was noted that if the height were 25 measured from the top of the deck to the top of the fence 26 it would not be over the allowable height . If it were 27 measured from the natural grade it would be too high to 28 comply with the ordinance. The City Manager and the 29 Management Assistant advised this matter should be 30 reviewed by the Planning Commission. Mr. Shamp took this 31 advice and made the request for the variance. 32 33 Murphy inquired why the fence was installed before the 34 variance request had been submitted. Urbia responded that 35 the property owner had understood measurements would be 36 taken from the deck. Madden felt the concern of the fence 37 height is more appropriately viewed as a concern of the 38 neighbor who has to look at it and was not the 3.9 perspective of the one who erects it . He stated he does 40 not feel the ordinance held a narrow interpretation of 41 this regulation. 42 43 Franzese observed there is some question what is defined 44 as a fence. She feels this project does not really 45 constitute a fence. Urbia reviewed the term "fence" and 46 noted that it is not defined in the ordinance. 47 48 Murphy inquired if a deck design is addressed in the 49 ordinance. Urbia did not know if it were. _ 50 51 Franzese cautioned that if this were not viewed as a 52 fence the Commission could be opening up opportunities 53 for anyone to do anything they wanted. There could be 54 negative fallout by not interpreting this as a fence. I PLANNING COMMISSION 2 AUGUST 20 , . 1991 3 PAGE 3 4 5 6 Madden observed that the fence without the lattice would 7 require a variance. Urbia advised that the Public Works 8 Director had visited the home to view the deck. Murphy 9 inquired if a building permit has been gotten. Urbia 10 responded that a building permit had been sought and that 11 the plans had been submitted at the time the permit was 12 issued. 13 14 Mr. Shamp advised that no plans were. required. He stated 15 it is his intent to make this a first-class addition to 16 the neighborhood and that some of his neighbors had 17 expressed their support for his project . 18 19 The Public Hearing was opened at 7 : 43 p.m. 20 21 Mr. Shamp expressed his appreciation for the comments he 22 has received from staff during their site inspection as 23 well as the comments received from members of the 24 Planning Commission. 25 26 No one spoke for or against the request. 27 28 Gondorchin inquired if it is Mr. Shamp' s intention to put 29 the lattice work back into the project . Mr. Shamp 30 responded that this is his intention as the lattice work 31 makes the project more attractive. He noted that his 32 neighbors are aware that this is his intention. 33 34 Werenicz noted he had visited the site and is supportive 35 of granting the variance. 36 37 The Public Hearing was closed at 7 : 46 p.m. 38 39 Motion by Franzese, second by Werenicz to grant the variance 40 from the height requirements to allow for an eight foot six 41 inch fence to Thomas Shamp at 3209 Edward Street N:E. , noting 42 that no one spoke against the project and it does comply with 43 the three conditions for granting of a variance. 44 45 Brownell stated he will not support the granting of the 46 variance as he feels the three conditions necessary for 47 granting a variance have not been answered. He sees no 48 hardship: it is not being done to correct extraordinary 49 circumstances, and the alleged difficulty or hardship is not 50 caused by City ordinances . 51 52 Franzese felt the City Council should be requested to review 53 the ordinances for screening and questioned if this project 54 would fit the definition of screening. f , i 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 4 4 5 6 Madden felt that a fence is viewed as screening and vice 7 versa. He thought that most people usually thought of a fence 8 as a structure on a lot line. 9 10 Faust noted that a fence provides privacy. He would be more 11 concerned about this fence if it were to go all the way back 12 to the end of the property or if it were located on the 13 property line. He noted he can understand Mr. .Shamp' s intent 14 because of the special and unique circumstances . 15 16 Examples of "circumstances" were requested by Madden but none 17 were given at this time. 18 19 Faust felt that the height of the deck closes up a potentially 20 unsightly area and does add to the area. He thinks it is a 21 first class project .' 22 23 Murphy observed that the project does not give a sense of a 24 closed fence and that it was very open. It only goes to the 25 end of the deck and not out into the yard. 26 27 Franzese felt circumstances are special and this is a special 28 design. Murphy felt it was unique as it does not hinder any 29 site lines nor does it block any passage. 30 31 Franzese felt the design which goes down to the ground is more 32 aesthetically pleasing. 33 34 Roll call : Madden , Faust , Franzese, Gondorchin, Murphy, 35 Werenicz - aye 36 37 Brownell - nay 38 39 Motion carried 40 41 Mr. Shamp was advised his attendance at the September 10th Council 42 Meeting is recommended but not required. This item will be 43 discussed early on the Council agenda. 44 45 RECESS: 8:05 P.M. 46 47 RECONVENE: 8: 12 P.M. 48 49 50 6.MISCELLANEOUS 51 52 A. Proposed Shopping Center Comprehensive Sign Plan 53 54 The City Manager advised that developers are interested 1 PLANNING COMMISSION 2 AUGUST 20 , 1991. 3 PAGE 5 4 5 6 in purchasing the vacant shopping center on the corner of 39th 7 Avenue and Stinson Boulevard. They have expressed concern 8 about the success of this location with obvious visibility 9 problems. 10 11 - Staff advised that this shopping center has been nearly vacant 12 for a very long time. The developers felt signage would solve 13 the problems. At the request of staff , the developers put 14 together a comprehensive sign package for. this location. Staff 15 had also recommended that the developers put together a 16 package for the signage for all of the stores in the center. 17 It was felt by staff that the first signage priority was for 18 the pylon sign on the front of the property. The developers 19 agreed with this observation. 20 21 Burt stated that the signage being considered for the location 22 nearest Stinson Boulevard would be similar to the sign located 23 at the Stop & Shop business . There is space for six businesses 24 to locate in the shopping center and Burt advised that signage 25 would be based on the front square footage of the center with 26 a maximum of one-hundred and fifty feet . 27 28 The reason for the developers being in attendance at this 29 Planning Commission meeting is their desire for input from 30 Commission members regarding signage. They feel signage is 31 critical to the success of the shopping center. The City 32 Manager said that the developers are also proposing widening 33 'of the driveways presently on the site. They are only twenty- 34 five feet wide . A sprinkler system is also being considered to 35 maintain the grassy areas . 36 37 Franze.se inquired if it is the intent to identify the shopping 38 center as well as the tenants on the monument .sign. The City 39 Manager responded that this is correct . He referred the 40 Commission members to the pylon sign presently located at 19th 41 Avenue and Johnson Street which is identical to the sign being 42 proposed. The City Manager advised the monument sign can be 43 controlled by the Comprehensive Sign Plan. 44 45 Faust noted that the only issue he felt was to be considered 46 was the gas station sign. This will need a variance. 47 48 Burt also inquired if the Planning Commission would want the 49 developers to submit each sign for approval or would a 50 comprehensive sign package be preferred. 51 52 Madden requested information from the sign ordinance regarding 53 the requirements for gas station signage . 54 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 6 4 5 6 The City Manager referred to the sign ordinance which stated 7 that one pylon sign is allowed which may be thirty feet in 8 height and minimum clearance from grade, a fifty square foot 9 surface and only one price sign is allowed not to exceed eight 10 square feet . 11 . 12 Madden observed that the proposed sign does not meet this 13 criteria. Burt stated that the Stop & Shop sign identifies the 14 store and not the brand of gas being sold at the business. He 15 also noted that there are no dimensions on the bottom of this 16 sign. 17 18 The City Manager addressed the placement of a proposed 19 pedestrian crossing in the area of this: shopping center. It 20 will be located near 39th Avenue. Faust stated his concern 21 with the placement of this pedestrian crossing. Madden 22 inquired if feedback will be sought from the City Council 23 regarding the placement of the pedestrian crossing. The City 24 Manager advised that the matter will be coming to the Planning 25 Commission before it will be discussed by the City Council . 26 27 Werenicz noted that the sign at the Stop & Shop measures eight 28 by ten. He inquired if the proposed sign could be down sized. 29 One of the developers responded that he and his partner had 30 designed this sign and all of them would be this size. 31 32 Franzese noted that the sign at the St . Anthony Shopping 33 Center lists all of its tenants . She was concerned if the 34 proposed sign would be large enough to list all six tenants. 35 36 The City Manager referred to the sign ordinance which allows 37 one "price" sign for each curb cut . 38 39 Madden inquired if the Planning Commission was expected to 40 take a formal action on this issue. The City Manager stated 41 that this agenda item was for the purposes of discussion and 42 for the developers to get a "feel" for what should be 43 addressed or adjusted with their proposal to develop the 44 shopping center. 45 46 Gondorchin stated he finds the proposed signage acceptable. 47 Faust felt it was a good idea to develop a Comprehensive Sign 48 Plan. He indicated he found the sign proposal tonight 49 acceptable but that the five by five proposed sign is very 50 unrealistic. He suggested that this size should be increased 51 in the ordinance or all of the other sign sizes should be 52 reduced. He noted that a five by five sign is not very 53 effective. 54 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 7 4 5 6 Franzese stated she has resided in the City for twenty years 7 and never knew there was a shopping center in this location. 8 She frequents the Super America Station because of . the 9 location of a cash machine at this site. She inquired if it is 10 the intent of the developers to have a cash machine installed 11 in the shopping center. They responded that this is the plan. 12 13 Brownell noted that it is very refreshing to have developers 14 come into City Hall and the Planning Commission before they 15 commence their project . He encouraged the developers to submit 16 a comprehensive sign plan. He felt a fifty foot pylon sign was 17 not realistic in this location. 18 19 Faust inquired how the size limitation on pylon signs can be 20 remedied. Brownell felt the Planning Commission should review 21 the sign ordinance. werenicz suggested that allowable square 22 footage on both sides of a sign should be considered. 23 24 The City Manager advised that the City Attorney has totally 25 rewrote the Zoning Code. The revised Zoning Code will be on 26 the agenda of the next Planning Commission for its review. 27 28 The City Attorney will be starting the sign ordinance 29 recodification in the near future. Faust inquired what 30 criteria will be used by the City Attorney when relooking the 31 sign ordinance. 32 33 Burt responded that the City Attorney will be looking at 34 putting some consistency in the allowable sizes of signs , 35 visibility, clarifying language and reviewing the sign sizes 36 allowable at service stations. He noted that some businesses 37 predictably use the maximum sizes allowed and the maximum 38 should be reviewed to be consistent with what already exists . 39 It was speculated that most of the signs which exceed the 40 maximum would probably be grandfathered in. 41 42 Referring to the proposed development of the shopping center, 43 Franzese stated her concern with the increase of traffic on 44 Stinson Boulevard and the potential problems which may occur 45 with a curb cut on Stinson Boulevard. The City Manager advised 46 that there will be a three-way stop on 39th Avenue and when 47 the signals are installed on 37th Avenue there will be better 48 traffic control . 49 50 Franzese inquired what businesses have indicated an interest 51 in locating in the shopping center. One of the developers 52 responded there will be a convenience store and a gas station . 53 He has contacted other businesses which have conveyed their 54 interest in being in the shopping center. I PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 8 4 5 6- Brownell inquired if all entrances to the businesses in the 7 shopping center will face on Stinson Boulevard. The developer 8 stated that all entrances will face west and there will be no 9 wrap-around sign problems . 10 11 B.Comprehensive Plan Revisions and Kenzie Terrace Corridor 12 Moratorium 13 14 The City Manager advised that copies of the Comprehensive Plan 15 had been sent to all members of the Planning Commission. To 16 date, four members of the Commission have responded with 17 comments and observations regarding the Comprehensive Plan. 18 19 Some members of the Planning Commission had questions and 20 concerns about the proposed Citizens ' Committee. The City 21 Manager advised that the charge of the Citizens ' Committee is 22 to act in an advisory position to the Planning Commission and 23 to make comments . It ' s charge is not to make recommendations . 24 He noted that a planner has been hired as had been suggested 25 by the Planning Commission. It is hoped that the Citizens ' 26 Committee will be made up of residents from the entire 27 community, not just from the area where the moratorium is in 28 place. 29 30 The City Manager advised he has received calls from residents 31 expressing an interest in serving on the Citizens ' Committee. 32 He noted that the Citizens ' Committee will review the Plan and 33 pass their observations and comments onto the City Manager who 34 in turn will pass this information on to the Planning 35 Commission. The Planning Commission considers this information 36 and passes it ' s recommendations onto the City Council . 37 38 Burt recalled the Ad Hoc Committee was formed rather quickly 39 in response to the Walgreen situation. He noted that some of 40 the residents who served on the Ad Hoc Committee are very 41 interested in serving on the Citizens ' Committee and that not 42 all of these residents are from the immediate area of Kenzie 43 Terrace. . 44 45 Madden noted that the Planning Commission reflects the City 46 geographically very well and it is a very broad based group. 47 The City Manager advised that the City Council has requested 48 more input for this process . It was observed that the Planning 49 Commission meetings do not attract very many residents and the 50 City Council wanted as many people as possible involved. 51 52 Gondorchin reflected on the response rate from a survey. Burt 53 noted that the input from a survey and the brainstorming 54 session was what was utilized for the Autumn Woods project and 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 9 4 5 the information gathered was very useful . 6 7 Faust felt that residents of different parts of the City have 8 some different interests. There is a need to get an overall 9 picture. 10 11 The City Manager referred to the proposed speed limit for 12 Silver Lake Road. He noted that presently a vote is being 13 taken by secret ballot of lakeshore property owners. He felt 14 this is a good example of an idea being presented and it did 15 not reflect the position of the majority. 16 17 He was of the opinion that very good response on this issue 18 has been received and there have been some volunteers signing 19 up for the Road Task Force. Very good input and direction was 0 received from these people. 22 Franzese felt there is going to be a duplication of the 23 presentation, first to a Citizens ' Committee and then to the 24 Planning Commission. It was her position that the forum is 25 underused and that citizens should be encouraged to bring 26 their concerns and comments to the Planning Commission. 27 28 It was the City Manager ' s observation that people respond more 29 when they are affected, such as in the case of the Walgreen' s 30 issue. 31 32 Traffic patterns and circulation was addressed as was the 33 actual physical and design planning. Also, the exits from the 34 Fire Station were considered. The City Manager felt that 35 property owners in the area know first-hand the needs of a 36 given project . 37 38 Gondorchin hoped that the plan is not only for beautification 39 but considers the issues of commerce as well . 40 41 The City Manager advised that he received a call from Roger 42 Bona, who owns a service station in the area, indicating his 43 interest in being involved in the matter. 44 45 Franzese felt that with all of the benefits to be gained from 46 a Citizens' Committee that perhaps Apache Plaza should be 47 addressed as well . 48 49 The City Manager responded that starting on the south side of 50 the City and working the way up was the decision. 51 52 Gondorchin felt the area of 37th and Silver Lake Road was an 53 unsightly area as well . 54 1 PLANNING COMMISSION 2 AUGUST 26 ,1991 3 PAGE 10 4 5 6 The City Manager advised that sidewalks are being considered 7 for this area in the future. 8 9 The City Manager requested members of the Planning Commission 10 to consider the purpose of a Citizens' Committee, how it will 11 ' ' be used, and how it ' s membership will be comprised. 12 13 Madden inquired if a planner will be hired. The City Manager 14 responded that a planner will be hired for this matter. He 15 noted that a plan may be created for which there will not be 16 enough funding. 17 18 Gondorchin inquired if anything has transpired on the medical 19 facility. The City Manager responded he will contact the 20 parties who had indicated an interest in this facility. 21 22 Dennis Cavanaugh, a resident of the community, had the 23 impression that there is tremendous resistance from the 24 Planning Commission regarding having a Citizens ' Committee. He 25 felt the public hearing process appears to be somewhat 26 "brittle. " He felt what is really being looked at is to get 27 the Shopping Center viable. 28 29 Cavanaugh cited the area of St . Anthony Park as an area which 30 had an ambiance that could work with the St . Anthony Shopping 31 Center. He has spoken to a representative of Eberhardt 32 Development who indicated a willingness to speak with a 33 Citizens ' Committee. 34 35 Cavanaugh felt that the St . Anthony Shopping Center has been 36 marketed very poorly. He noted that the changes at the liquor 37 store made it more "user friendly. " It was his opinion that 38 not to have a Citizens ' Committee would be imprudent and that 39 members of this group should interact with the planner 40 particularly in the area of developing commercial interests. 41 42 Franzese stated that citizens groups are very valuable and 43 that members of the Planning Commission are really interested 44 and want to be part of the process. 45 46 Gondorchin stated he takes strong exception to Cavanaugh' s 47 statement regarding the resistence of the Planning Commission 48 to a Citizens' Committee. Madden felt the group was hastily 49 formed in response to the Walgreen issue and was narrowly 50 based. 51 52 Cavanaugh noted that this is a Planning Commission issue and 53 that the Citizens ' Committee would act as an advisory group 54 without any authority. 1 PLANNING COMMISSION 2 AUGUST 20 , 1991 3 PAGE 11 4 5 6- Faust stated his support of citizen involvement from all parts 7 of the community. Gondorchin hoped . It is not the wish of 8 Cavanaugh to duplicate what presently exists in St . Anthony 9 Park as it may not be as successful in our community' as it is 10 there. 11 12 Brownell stated his dislike for a committee which is against 13 something. He feels this kind of premise draws a very poor 14 cross section of the community. He is supportive of a survey 15 for input . 16 17 The City Manager inquired what the members of the Planning 18 Commission want him to present to the City Council . Gondorchin 19 is supportive of a survey and a Citizens' Committee. 20 21 It was noted that a moratorium starts thirty days after it is 22 published. 23 24 Motion by Madden, second by Brownell that the Planning 25 Commission recommends to the City Council that a committee be 26 formed to study the Kenzie Terrace Corridor: that the 27 committee consist of residents who are geographically 28 representative of the City: that members be appointed by the 29 City Council ; and that a survey be conducted. 30 31 The City Manager felt the survey should focus on the entire 32 community or everything south of 29th Avenue. 33 34 Madden and Murphy felt the survey should focus on the Kenzie 35 Terrace Corridor. Brownell agreed, noting that a general 36 purpose survey was not appropriate but a narrow focus in this 37 area would be more meaningful . 38 39 Gondorchin requested that the survey be reviewed by the 40 Planning Commission. 41 42 Franzese suggested that all residents be apprised of the 43 meeting dates and times of the Citizens ' Committee. The City 44 Manager felt the Cable Channel 16 and the Kiwanis bulletin 45 board could be utilized to get this information out to the 46 residents. 47 48 Motion carried unanimously 49 50 Faust inquired why the minutes of the June 4th Council meeting 51 were not in the Planning Commission packet . The City Manager 52 will follow up on this matter. 53 54 1 PLANNING COMMISSION 2 AUGUST 20, 1991 3 PAGE 12 4 5 6 8. ADJOURNMENT 7 8 Motion by Brownell , second by werenicz to adjourn the Planning 9 Commission meeting at 9:40 p.m. . 10 11 _ ' Motion carried unanimously 12 13 14 Respectfully submitted, . 15 16 17 Jo-Anne Student , Planning Commission Secretary 18 19 20 21 22 . ain tho u • illa e DATE : APPROVAL : August 14 , 1991 TO : Planning Commission Members FROM : David Mark Urbia Mana e REQUEST FOR A VARIANCE FROM THE FENCE HEIGHT REQUIREMENTS The applicant, Thomas C. Shamp, 3209 Edward Street Northeast is requesting; a variance from the fence height requirements to allow for an eight foot six inch fence. The request is for a two foot six inch variance from the ordinance, as the ordinance states that no fence shall be over six feet in height. In a letter from the applicant, the applicant refers to two important issues. First, the slope of the property required for drainage. Second, the fence is an integral part of the deck and it does not exceed the six foot maximum requirement when measured from the top of the deck as compared to measuring; from the ground. Staff recommends granting the variance. The request meets all the conditions for a variance and it will not adversely affect the neighborhood in any way. There has not been any neighboring resident input received by the City on this matter at the time of this report. Date: Co Fee : (R-1 . . . . . . . . . . . . . . . . T60 . 00 other. . . . . . . . . . . $lOG . 00 ) CITY OF ST. ANTHONY PFIT TTON VARIANCE Applicant: L�UrJ✓-� S /� �M ,� _ Phone: -7c-C'-3C C-�P-) Address : ��� �t��/l,��� C,-• Status of applicant (owner, buyer, renter, agent, etc. ) : Street address anal/or legal description cf property petitioned for variance : _ Zoning district in which property is located:Request: Gam+ /—11 G-= MA O Z7 Pursuant to Section 15 , Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies . Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please •respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings , shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. YES . 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, dbut would correct extraordinary circumstances applicable to this Iroperty but not applicable to other property in the vicinity or zoning district. --3 If s , '3)_ The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. i ON Signature of applicant �p * An . oQtr CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St Anthony on Tuesdav, August 20, 1991 at 7:35 P.'.\4. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Thomas Shamp, 3209 Edward Street Northeast for a variance from the fence height requirements of the Zoning Ordinance to allow for an eight foot six inch fence. The proposed height of the fence (no fence shall be over six feet in height) necessitates a variance. Anyone wishing to be heard with reference to the above matter "ill be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Thomas D. Burt City Manager Bulletin: August 7, 1991 • Richard Opland Gary Medin Donald Troupe 3129 Edward 3200 Edward 3213 Edward St. Anthony, MN 55418 St Anthony, MN 55418 St. Anthony, NIN 55418 Steven Ecklund Tom Ziesmer Michael Dolan 3217 Edward 3221 Edward 3246 Edward. St. Anthonv, 'MN 55418 St Anthonv, MN 55418 St. Anthony, >\Nl 55418 Richard Talbot William Kalina Arthur Peterson 3128 Wilson 3133 Wilson 3200 Belden St. Anthony, MN 55418 St Anthony, NIN 55418 St. Anthony, '�'L'�T 55418 Marvin Beberg ,john Kosek Peter Mazurko 3208 Belden 3212 Belden 3216 Belden St Anthony, MN 55418 St. finthony, h':^I 55418 St Anthony, '�'L'�T 55418 David Meisner Ronald Hertog Joseph Tretter 3220 Belden 2601-32nd Avenue N.E. 2617 - 32nd Avenue N.E. St Anthony, '.NIN' 55418 St Anthonv, >\TN 55418 St Anthony, .WN 55418 Costine Hansen Robert Bailey Joseph Kessler 15085 Ironwood Court 2700 Hilldale 2516 St. Anthony Road Eden Prairie, MN 55344 St Anthony, MN 55418 St. Anthony, 'ININ 55418 Re: 2705-32nd Avenue N.E. `'Willard Kjeseth Richard Peterson John Hertog 2524 St Anthony Road 2517 St. Anthony Road 2521 St Anthony Road St Anthony, 'ININ 55418 St Anthony, NIN 55418 St Anthony, .%iN 55418 Leo Hertog, Jr. 2520 - 33rd Avenue N.E- St. Anthony, .NIN 55418 in thon ilia Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 P' OCGAXA27OJV WHERE 4,5, the Kiwanis Club of St. Anthony is an organization dedicated to helping community youths educationally and spiritually; and WHERE-IS, the Kiwanis Club of St. Anthony is also committed to other community services; and WWERW, in order to raise funds for its many and varied programs, the Kiwanis Club of St. Anthony has requested a day be set aside in St. Anthony 'Vilfage for the sale of peanuts. N(YW, THEREFORE, BE IT RE,5OLVED, that the St. Anthony City Council hereby designates Wednesday,septwder 24, 1991, as S7. ANTHONY-VWAN7S PEANUT DAY Mayor • Date I L IETTCEM OF TURBO _1L f � , eo" "G E`KYNEf 45 Maier Stewart& Associates Inc. DATE SOB NO. 1959 SLOAN PLACE Z8 -(:;)o5-_--w ST. PAUL. MINNESOTA 55117 (612)774-6021 ATTENTION TO 11►f. ?domes _B1 r-t` RE: 3 I S luer Lake 9th WE ARE SENDING YOU X Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION zs 1 C c vanclstf eo—nc efe- THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 _ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS 1�vnn Z-oncrte was /ouj b"rdder o� `F L,, `e'�Iei,cec� �ec�-, They /lace s a U 5 .1-As efy10_,ed /e kr sag, g, -f one Qn& )�elle5 w6 5, into rr�`1L T-�em 9 t,aa to um+ Pace of-'r;?, 1015e f SAO Q(A tun, a►ki o5imed- is n no - 6a mode `gP,f QV c,ld 'h k e 'o �9_ Ce t6Jed of 11,Ii►r- 4d, :Cf u� f a0. aim cP ye5 AonS �p{ease 64W, COPY TO SIGNED: if enclosures are not as noted, kindly notify us at once. Advanced Concrete Unc. y9o-005-30; 771 Ladybird Lane Burnsville, Minnesota 55337 o\ �7 4 V-1 `J/r /vv-t • CITY OF ST. ANTHONY RESOLUTION 91-043 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY COUNTY WHEREAS, Ramsey County qualified as an urban county eligible to receive community development block grant funds; and WHEREAS, the County's-population, among-other factors,is a-determinant-of its eligibility; and WHEREAS, it is in the interest of the City of St. Anthony to be counted together with other municipalities of Ramsey County. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor and City Manager to execute the Joint Cooperation Agreement with Ramsey County on behalf of the City of St. Anthony. • Adopted this day of , 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager DOHSEY & WHITNEY A Pwrwaesuv Irawmro ProrseaiowAt CorrorAnorr • 3so PARK AVENUE 2200 FIRST BANK PLACE EAST e01 CHST ER,KI "SO SUITE 2 NEW YORK,NBW YORK 10008 SOGHBBTBB,MINNESOTA 38908 (212)415-0200 MINNEAPOLIS, MINNESOTA 35402-1498 (507)288-3156 1330 CONNEGTIGUT AVENUE,N.W. (612) 340-2600 WASHINGTON,B.G.20036 TELEX 29-0605 1200 FIRST INTERSTATE CENTER (202)837-0700 FAX(612)940-2868 BILLINGS,MONTANA 59103 3 OBAGECHURGH STREET (406)962-3800 LONDON E03V OAT,ENGLAND - 44-71-029-3334 001 DAVIDSON BUILDING 36,BUR THONCHET �.LIAM R. GREAT FALLS,MONTANA 59401 75009 PAWS,FRANOB (8I2t)544 (408)787-3832 33-1-42-66-59-49 r� 45,RUE DE TReVES August �/ -1040 BRUSSELS,BELGIUM , 1991 187 EAST FRONT 378687 8 32-2-038-76-II MHIBOULA„MONTANA S9B08 (40e)701-e025 Mr. Thomas D. Burt City Manager City of St. Anthony 3301 Silver Lake RD St. Anthony MN 55418 RE: Ramsey County CDBG Agreement Dear Tom: Pursuant to your request, I have reviewed the proposed cooperation agreement • with Ramsey County regarding CDBG funds. I have no comments on the Agreement, except to call your attention to the paragraphs on page 8 regarding a policy prohibiting use of excessive force by the police, and compliance with fair housing laws. If you have any questions on this, please let me know. Very u yours, William R. Soth WRS:gle Enclosure • JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the County of Ramsey, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY/TOWN of , hereinafter referred to as "MUNICIPALITY," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59. V I T N E S S E T H WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, provides for a program of community development block grants; and, • WHEREAS, Ramsey County, Minnesota qualifies under said law as an "urban county" eligible to receive community development block grant funds; and, WHEREAS, the County's population, among other factors, is a determinant of the eligibility of the County and the amount of resources which may be made available to the County to undertake activities under the afore-referenced law; and, WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal regulations sets forth regulations governing the applicability and use of funds under Title I; and, • 1 WHEREAS, Section 570.105, titled "Qualifications As Urban County" provides that computation of the County's population may include persons residing in "unincorporated areas" and in "its included parts of general local government with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants; " and, WHEREAS, it is in the interest of the City/Town of to have its population counted together with other municipalities of Ramsey County who similarly agree; NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms -- and conditions. — I. DEFINITIONS For the purposes of this Agreement, the terms defined in this section have the meanings given to them: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93-383, as amended (42 USC 5301 et seg. ). B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. • C. "HUD" means the United States Department of Housing and 2 Urban Development. D. "Cooperating Community" means any city or town in Ramsey County which has entered into a cooperation agreement which is identical to this Agreement. The regulations contained in 42 USC 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. II. PURPOSE Municipality and County have determined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the provisions of the Act. This Agreement contemplates that identical • agreements will be executed between the County and other cities and towns in Ramsey County and such numbers will enable the County to so qualify under the Act. The purpose of this Agreement is to authorize the County to cooperate with the Municipality in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing pursuant to community development block grants as authorized in the Act and the Regulations. III. TERM OF AGREEMENT The term of this agreement is for a period commencing on the effective • day of August 31, 1991, and terminating no sooner than the end of the third 3 r program year covered by the application for the basic grant amount approved subsequent to the effective date. This Agreement is extended automatically for each subsequent three-year program period unless written notice of termination to be effective at the end of the current three year program period is given by Municipality to County following the same schedule as the "opt out" notification requirements as established by HUD. The County shall provide written notification to Municipality of Municipality's right to "opt out" and terminate this Agreement at least (30) days prior to the "opt out" date. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of Ramsey County as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of • Municipality and County pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the Municipality in the office of the Ramsey County Executive Director, and in no event shall the Agreement be filed later than October 10, 1991. IV. METHOD The Municipality and County hereby agree that they will cooperate to undertake or assist- in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the Act. • In making the application, the County shall address the goals and needs of 4 County as developed in meetings between the Municipality, its citizens and the County, and also addressing the Act and other relevant Minnesota and/or Federal statutes or regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. Municipality and County agree that the County shall establish a reasonable time schedule for the development of the grant application. In preparing the grant application and allocating grant funds received, the County shall consider projects proposed by the Municipalities. The County reserves the right to propose projects which are both consistent with the mutually-established goals, needs and priorities and within the County's statutory implementation authority. No Municipality shall be required to propose a project. It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Municipality or the County. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope of the project, and the ability of each party to undertake the project, thought it is understood by the Municipality that the County shall have final responsibility for selecting projects from among those proposed by the Municipalities and the County and filing annual grant requests. The County is hereby authorized to distribute to the Municipality such funds as are determined appropriate for the Municipality to use in implementing a project and the County is hereby authorized to implement projects within the Municipality as are determined appropriate for the County to implement. Contracts let and purchases made pursuant to a project under this Agreement shall conform to the requirements applicable to the entity undertaking the project. 5 V. SPECIAL PROVISIONS • Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of Municipality or County to submit individual applications for discretionary funds in the event County does not receive designation as an Urban County entity under the Act. Nothing in this Agreement shall preclude the Municipality from establishing a Municipal Housing and Redevelopment Authority pursuant to MN Stat. 462.425. Nothing in this Agreement shall be deemed to create a county housing authority pursuant to MN. Stat. 462.426, Subd. 1-4. Municipality and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the Act or the Regulations, up to any applicable statutory limits of tort liability. In the event that there is a revision of the Act and/or Regulations which would make this Agreement out of compliance with the Act or Regulations, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. Both parties understand and agree that the refusal to renegotiate this Agreement will result in the effective termination of the Agreement as of the date it is no longer in compliance with the Act and/or Regulations as amended. 6 All funds received by the County under the Act shall be deposited in the County treasury. Municipality and County shall maintain financial and other records and accounts in accordance with the requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. Municipality and County agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulations. All projects undertaken pursuant to this agreement shall be subject to home rule charter provisions, assessment, planning, zoning, sanitary and building laws, ordinances and regulations applicable to the Municipality in which the project is situated. The parties mutually agree to take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, 7 Executive Order 11988, Section 109 of the Housing and Community Development Act of 1974 and with all other applicable requirements of the Act and the Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate County's responsibility to assume all obligations of an applicant under the Act, including the development of applications pursuant to 24 CFR 570.300 et seq. The parties further agree that the Municipality has adopted and has in force a policy which prohibits the use of excessive force by law enforcement agencies within its jurisdiction against ' any individuals engaged in non-violent civil rights demonstrations and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights - demonstrations within its jurisdiction. The parties further agree that the Municipality will take all steps necessary to assure compliance by the County with its certification required by Sections 104(b) and 109 of Title I of the Act, Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and other applicable laws. The parties further agree that pursuant to 24 CFR 570.501 (b), the Municipality is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CFR 570.503. Such agreements. , are only entered into when a Municipality chooses to propose a project and actually will receive funds from the County's entitlement allocation. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf this day of 1991. 8 I I, ,APPROVED- AS TO FORM.:.' - COUNTY OF ,RAMSEY STATE OF MINNESOTA Y By - __ y . a is nt Count Attorne -- __ Its: And: Its: CITY/X= OF S7. ANTHONY CITY MUST CHECK ONE: X: Plan A Plan B Chartered By: ht s: a, or, " By: Its; cl-y .Manager 9 • M E M O R A N D U M DATE: August 30, 1991 TO: Thomas D. Burt, City Manager FROM: Roger Larson, Finance Director ITEM: 2% INSURANCE PREMIUM PAYMENT FOR FIRE RELIEF • Each year the City of St. Anthony receives a check from the State of Minnesota for Fire State Aid. This money is comes from a 2% premium placed on homeowners fire insurance and is designated for the volunteer fire fighters pension fund. For auditing purposes, this money is receipted in by the City and paid out to the Fire Relief Association. Recommendation Council approve payment of 20, 233 . 00 to the St. Anthony Fire Relief Association. • STATE OF MINNESOTA 4DO CENTENNIAL BLDG.658 CEDAR ST. ST.PAUL.MN.55155 TRANSACTION Na DEPZ,/DIV. DEPARTMENT NAME VENDOR'S MVOa NO./DATE AMOUNT ; 082 9 00000 T7TTO REVENUE POLI , 06279100000 67670 REVENUE FIRE STATE AID 20 ,233. 00 WARRANT NO 41880797 TOTAL 75 ,233 . 00 KEEP THIS STATEMENT FOR YOUR FILES.FOR INFORMATION REGARDING THIS PAYMENT PLEASE TURN OVER THIS FORM. t •