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Folder: CC PACKETS 1999-2001
Document: CC PACKET 07112000
• CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING AGENDA
July 11, 2000
7:00 PM
Council Chambers
PAGE(S)
I. CALL TO ORDER.
II. PLEDGE OF ALLEGIANCE.
III. ROLL CALL.
IV. APPROVAL OF JULY 11, 2000 CITY COUNCIL REGULAR
MEETING AGENDA.
V. PROCLAMATIONS AND RECOGNITIONS.
• VI. COMMUNITY FORUM.
Individuals may address the City Council about any item not included on the regular
agenda. Speakers are requested to come to the podium, state their name and address
for the Clerk's record, and limit their remarks to five minutes. Generally, the City
Council will not take official action on items discussed at this time, but may typically
refer the matter to staff for a future report or direct that the matter be scheduled on
an upcoming.agenda.
VII. CONSENT AGENDA. - 19
These items are considered routine and will be enacted by one motion. There will be
no separate discussion of these items unless a Councilmember or citizen so requests,
in which event the item will be removed from the Consent Agenda and placed
elsewhere on the agenda.
VIII. PUBLIC HEARINGS - None.
IX. GENERAL POLICY BUSINESS OF THE COUNCIL ................................. 20 - 30
A. Resolution 00-057, re: Authorizing BRW, Inc. to prepare final
design for improvements to Central Park ..................... 20 - 21
B. Ordinance 2000-003, re: Amend ordinance relating
to lot coverage and building to land ratio (2nd reading) .. 22 - 25
City Council Regular Meeting Agenda
July 11 , 2000
• Page 2
PAGE(S)
C. Ordinance 2000-004, re: Juvenile curfew (2"d reading) .. 26.- 30
X. REPORTS FROM COMMISSIONS AND STAFF ............................... 31 - 34
A. Dick Krier will present an update on St. Anthony
Shopping Center ..................................................... 31 - 34
B. City Manager.
XI. REPORTS FROM COUNCILMEMBERS.
XII. INFORMATION AND ANNOUNCEMENTS.
XIII. ADJOURNMENT.
MISCELLANEOUS INFORMATIONAL DOCUMENTS AREA TTACHED.
•
•
•
VII. CONSENT AGENDA.
1 . City Council Meeting Minutes - June 27, 2000
2. Licenses/Permits
3. Claims
•
I CITY OF ST. ANTHONY
02 CITY COUNCIL REGULAR MEETING MINUTES `
3 JUNE 27, 2000
4 7:00 p.m.
5 I. CALL TO ORDER.
6 Mayor Cavanaugh called the meeting to order at 7:00 p.m.
7 II. PLEDGE OF ALLEGIANCE.
8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance.
9
10 III. ROLL CALL.
11 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and
12 Hodson
13 Councilmembers absent: None
14 Also present: City Manager Michael Mornson; City Attorney William Soth.
15 IV. APPROVAL OF JUNE 27,2000 CITY COUNCIL REGULAR MEETING AGENDA.
16 Motion by Hodson to approve the June 27, 2000 City Council Regular Meeting Agenda as
17 presented.
18 Motion carried unanimously.
SJ9 V. PROCLAMATIONS AND RECOGNITIONS.
0 A. Proclamation Declaring National Ni hg t Out.
21 Mayor Cavanaugh reviewed for the audience and Council that the National Association of Town
22 Watch("NATW") was sponsoring a unique, nationwide crime and drug prevention program on
23 August 1, 2000 called "National Night Out."
24 This National Night Out program provides a unique opportunity for St. Anthony to join forces
25 with thousands of other communities across the country in promoting cooperative,police-
26 community crime and drug prevention efforts.
27 Motion by Sparks to approve the Proclamation wherein the City Council of the City of St.
28 Anthony hereby calls upon all citizens of the City of St. Anthony to join the St. Anthony Police
29 Department and the National Association_of Town Watch in supporting the "17th Annual
30 National Night Out" on August 1, 2000.
31 Motion carried unanimously
32 VI. COMMUNITY FORUM.
33 Cavanaugh called for input from the audience and hearing none, moved forward with the agenda.
34 VII. CONSENT AGENDA.
35 Motion by Thuesen to approve the Consent Agenda which consisted of:
06 1. Regular Council Meeting Minutes of June 13, 2000;
37 2. Licenses and Permits;
City Council Regular Meeting Minutes
• June 27, 2000
Page 2
1 3. Claims;
2 4 Five pages of Verified Claims.
3
4 Motion carried unanimously.
5 VIII. PUBLIC HEARINGS.
6 None.
7 IX. GENERAL POLICY BUSINESS OF THE COUNCIL.
8 A. Resolution 00-052 re: Middle Mississippi Watershed Management Organization Bylaw
s.
9 Cavanaugh requested background information from City Manager Michael Momson.
10 Momson reported that the Middle Mississippi,River Watershed Management Organization
11 ("MMRWMO") is in the process of amending the Joint Cooperative Agreement by changing the
12 boundary of the MMRWMO to be consistent with the boundary of the new Capital Region
13 Watershed District("CRWD"). Currently, a portion of Falcon Heights which is in the
14 MMRWMO was also included in the new CRWD. The boundary change has been agreed to by
15 Falcon Heights and the MMRWMO Board and would result in Falcon Heights being removed
16 from the MMRWMO.
17 It has been requested that each member community review and comment on the draft capital
18 budget by August 1, 2000.
19 Motion by Sparks to approve Resolution 00-052, a Resolution Approving Changes to the Bylaws
20 of the Middle Mississippi River Watershed Management Organization.
21 Motion carried unanimously.
22 B. Resolution 00-053 re: Right of Way Permit and Facility Use Agreement with Metricom,
23 Inc.
24 Cavanaugh requested a report from City Manager Michael Momson.
25 Mornson stated that Metricom is seeking, via a "Right-of-Way Permit and Facility Use
26 Agreement," the use/access of City-owned and NSP-owned street light poles, light fixtures, and
27 other structures within the Public rights of way. NSP has entered into a Master Lease Agreement
28 with Metricom. City Attorney Soth has reviewed the proposed agreement, and his letter of June
29 7, 2000 (which includes comments and recommendations), is enclosed in the Council's agenda
30 packets.
31 Cavanaugh introduced Bill Buell, President of Metricom, and invited him to address the Council.
�2 Mr. Buell began by stating that Metricom is a national company and is excited about wireless
City Council Regular Meeting Minutes
June 27, 2000
• Page 3
1 internet connection. Furthermore, Metricom utilizes an external modem and the use of an
2 antenna is utilized.to access the internet. 'Additionally, it can be used in a network situation as
3 well.. In order to accomplish this wireless connection and provide a service to the community,
4 shoebox-sized radios are attached to street lights. The power for the radios is tapped from
5 existing photo sensors on the street light. The radios can also be attached to power poles.
6 Metricom does not plan to add any new poles or do any trenching in the right of way; however,
7 Metricom will need to use the City's right of ways in order to access the light poles and power
8 poles.
9 Mr. Buell stated that his purpose for attending the Council meeting was to request a right-of-way
10 permit and facility use agreement. If such approval is obtained, Metricom would then provide
11 the City with a map showing the poles that are to be utilized for placement of the radios. Mr.
12 Buell explained that Metricom is simply a service company and does not provide software of any
13 type.
14 Various questions were fielded from the Council regarding the specific details of Metricom and
15 the type of service it supplied.
16 Thuesen noted that Mr. Buell had mentioned that approximately 3% of the light poles in the City
7 would be utilized for the radios. Thuesen inquired if the poles on main streets, or side streets,
18 would be mostly utilized for the radios. His concern was the new, decorative lighting that is
19 being considered by the Council for some of the City's streets.
20 Mr. Buell explained that Metricom's goal is to cover the population, as opposed to the roads.
21 Generally, he stated, busy streets are avoided and decorative lighting is taken into consideration.
22 Horst inquired if the residents' security had been considered as an issue with respect to wireless
23 transmission.
24 Mr. Buell stated that wireless is usually considered more secure than wire lines (such as phone
25 lines).
26 Soth wished to'clarify the last paragraph of Assistant City Manager Isom's memo of June 19,
27 2000. He wished to clarify that, although the memo implies to the contrary, he did not review the
28 agreement drafted by the attorney for the North Suburban Cable Commission,
29 Motion by Sparks to approve Resolution 00-053, a Resolution Approving a Right-of-Way Permit
30 and Facility Use Agreement with Metricom, Inc.
31 Motion carried unanimously.
City Council Regular Meeting Minutes
June 27, 2000
Page 4
1 C. Ordinance 2000-004 re: Curfews (1 st Reading).
2 Cavanaugh explained that this proposed Ordinance is simply a rewrite and update of the City's
3 existing curfew ordinance. This rewrite is being done in order to bring the City's curfew
4 ordinance into compliance with the Hennepin County Ordinance. Cavanaugh further explained
5 that a local resident brought the discrepancies between the two ordinances to the Council's
6 attention.
7 For the benefit of the audience, Sparks reviewed the essential elements of the Ordinance:
8 * Juveniles under 12 years of age have to be home weekdays by 9:00 p.m., and Friday and
9 Saturday, home by 10:00 p.m.
10 * Juveniles ages 12-14 have to be home 10:00 p.m. on weekdays, and home by 11:00 p.m.
11 on Friday and Saturday.
12 * Juveniles ages 15-17 have to be home by 11:00 p.m. on weekdays and home by midnight
13 on Friday and Saturday.
14 Motion by Horst to approve the first reading of Ordinance 2000-004, an Ordinance Relating to
5 Juvenile Curfew, Amending Section 1105 of the 1993 St. Anthony Code of Ordinances.
16 Motion carried unanimously.
17 D. Ordinance 2000-006 re: Amend Ordinance Relating to Planned Unit Development(3rd
18 Reading).
19 Cavanaugh invited John Shardlow, DSU,to approach the Council. Mr. Shardlow briefly
20 reviewed for the Council and audience that the proposed Ordinance is consistent with the May 2,
21 2000 update of the critical path for the planned unit development ordinance process and Hillcrest
22 Development's redevelopment of the Apache Plaza.
23 Additionally, Mr. Shardlow reviewed that a Planned Unit Development("PUD") would be a
24 separate floating zoning district that could be applied for anywhere in the community.
25 Furthermore, the zoning would be determined through the PUD process.' It is important to
26 remember, Mr. Shardlow stated, that any development must be consistent with the
27 Comprehensive Plan.
28 Various discussion ensued amongst the Council and Mr. Shardlow with regard to the specifics of
29 the proposed Planned Unit Development and details of the proposed Ordinance.
30 Cavanaugh inquired if a development committee had been considered. .Mr. Shardlow stated that
1 consideration had been given to have the Planning Commission Chair, Assistant City Manager,
City Council Regular Meeting Minutes
June 27, 2000
® - Page 5
1 City Attorney, and Mr. Shardlow on a committee.
2 Mornson reaffirmed that a committee has been considered and stated that the proposed members
3 of the Committee were set forth in Assistant City Manager Isom's critical path document(which
4 was included in the Council's meeting agenda packets for informational purposes).
5 Motion by Cavanaugh to approve the Third Reading of Ordinance 2000-006, an Ordinance
6 Relating to Zoning and Planned Unit Developments; Amending Section 1655 of the St. Anthony
7 Code of Ordinances in its Entirety.
8 Motion carried unanimously.
9 X. REPORTS FROM COMMISSIONS AND STAFF.
10 A. Planning Commission Report from Meeting of June 20, 2000.
11 1. David and Paulette Sperry for 4004 Fordham Drive, Lot Width and Lot Variance
12 Requests.
13 Cavanaugh invited Doug Bergstrom, Chair of the Planning Commission, to address the
14 Council. Mr. Bergstrom reviewed for the Council that David and Paulette Sperry were
is5 seeking a variance request (for the second time) for their property at 4004 Fordham Drive.
16 The Commission and City had previously heard and granted the Sperry's request for a
17 variance in May of 1999. However, Mr. and Mrs. Sperry, due to a variety of reasons,
18 were not able to act on the variance and build the house they had planned to construct.
19 Consequently, the variance has expired(effective for one year only), and Mr. and Mrs.
20 Sperry have had to begin the variance process over again.
21 Mr. Bergstrom stated that the Planning Commission held a public hearing in regard to
22 this matter, and that two residents had approached the Commission. One resident's
23 concern centered around the stormwater runoff from the new home to be constructed.
24 The other's concern was the issuance of variance requests until the flooding issues had
25 been resolved. Otherwise, Mr. Bergstrom stated, it appeared that the Sperrys had
26 communicated with their neighbors and there did not appear to be any strong objections
27 to the proposed construction.
28 Cavanaugh noted that Staff and Council could review other community's policies for
29 future use.
30 Motion by Horst to approve the request of Mr. and Mrs. David Sperry of a 15-foot lot
31 variance and a 1,015 lot coverage variance, which include the findings of fact as noted by
32 the Planning Commission in their meeting minutes of June 20, 2000. Such findings of
�3 fact are as follows: (1) the property cannot be put to reasonable use with the current
City Council Regular Meeting Minutes
June 27, 2000
• Page 6
1 zoning; (2)the lot is unique in nature; (3)the landowner did not cause the uniqueness;
2 and(4) the variance will be in the spirit of the Zoning Code and will not alter the
3. surrounding environment.
4 Motion carried unanimously.
5 2. AT&T Wireless for 2801 - 37th Avenue NE; Conditional Use and Variance
6 Request.
7 Mr. Bergstrom reviewed for the Commission that AT&T Wireless Services had applied
8 for a Conditional Use Permit to allow for a new 75-foot cellular monopole to be placed
9 on an industrial zoned property at 2801 37th Avenue NE. AT&T has obtained
10 permission from the owner of the property, and such pole would be the second monopole
11 on that property. The first pole in existence is owned by US West.
12 Mr. Bergstrom noted that the Planning Commission had recommended approval of a
13 Conditional Use Permit for the 75-foot based on the conditions as noted in the Planning
14 Commission meeting minutes of June 20, 2000.
5 Motion by Thuesen to approve the Conditional Use Permit of a 75-foot monopole, which
01-7 6 would include all of the conditions as stated in the Planning Commission meeting
minutes of June 20, 2000. Those conditions include: (1)the monopole must be
18 constructed so that an additional 25-foot segment could be added in the future to allow
19 for another communications company to use the pole; and (2) the coloration of the pole
20 and accompanying equipment shelter must match the existing structure as closely as
21 possible.
22 Motion carried unanimously.
23 Bergstrom noted that the Planning Commission has been receiving similar requests for
24 cellular antennas and have requested Assistant City Manager Isom's assistance in
25 planning responses to those requests for the future.
26 3. Ordinance 2000-003 re: Amend Ordinance Relating to Lot Coverage and Building
27 to Land Ratio (1st Reading .
28 Mr. Bergstrom stated that the subject of lot coverage has been an issue with the Planning
29 Commission and local residents in recent months, and thus consideration of amending the
30 lot coverage ordinance was started.
31 Furthermore, Todd Hubmer, an engineer from WSB & Associates, had been contacted by
32 the Planning Commission to provide professional assistance in consideration of this issue.
�3 In addition, Commissioner Tillmann provided the Commission research on City
City Council Regular Meeting Minutes
June 27, 2000
• Page 7
1 ordinances and policies.
2 Mr. Bergstrom noted that the;Planning Commission had proposed that the lot coverage
3 ordinance be changed in two ways: (1) decks would not be included as part of the lot
4 coverage ratio if the surface of the deck and the area below the deck was a pervious
5 surface; and(2) to create a two-tier lot coverage limit. In that respect, lots over 9,000
6 square feet would retain the current 35% lot coverage ratio, and the lot coverage ratio
7 would increase to 40% for lots at or under 9,000 square feet.
8 Motion by Hodson to approve Ordinance 2000-003, an Ordinance Relating to Lot
9 Coverage and Building to Land Ratio, Amending Sections 1605 Subd. 44(a) and
10 1615.05., Subd. 8 of the 1993 St. Anthony Code of Ordinances.
11 Motion carried unanimously.
12 Sparks acknowledged that the pursuit of this lot coverage ordinance change was an
13 excellent idea and she thanked the Planning Commission for following through on the
14 research and modifications to the Ordinance.
5 4. Consider Preliminary Plan for the Apache Plaza Site Submitted by Hillcrest
16 Development.
17 Mr. Bergstrom noted'that the Planning Commission held a Public Hearing on this issue,
18 and he directed the Council's attention to several documents in the Council agenda
19 packets for their review and information relating to this issue.
20 John Shardlow, DSU, was invited to approach the Council. Mr. Shardlow began by
21 briefly reviewing the project. He stated that the Council would be considering an
22 application for rezoning and a preliminary Planned Unit Development("PUD") approval.
23 Said application was made by Hillcrest Development for property known as Apache
24 Plaza,New Market, and Taco Bell Sites.
25 Mr. Shardlow noted that the primary focus of Hillcrest Development is to.redevelop
26 Apache Plaza into a predominately high-tech office building. Additionally, Hillcrest
27 would like the flexibility to market the property to some kinds of uses that may be more
28 like manufacturing or warehousing. This has been the subject of a lot of discussion;
29 however those uses must not change materially the uses and character of the building.
30 There is still an interest on the part of Hillcrest to discuss some of those conditions.
31 Furthermore, Mr. Shardlow stated that Hillcrest has presented a landscape plan which is
32 appropriate in terms of the level of commitment Hillcrest has proposed. The firm of DSU
�3 has suggested some minimum standards and requested additional detail from Hillcrest.
City Council Regular Meeting Minutes
June 27, 2000
• Page 8
1 Additionally, Hillcrest has provided information regarding traffic flow and patterns.. DSU
2 has asked that a traffic.study be completed and.brought forward.
3 Mr. Shardlow said that with.respect to project signage, Hillcrest was not in a position to
4 provide information regarding signage because tenants have not been retained at this
5 point. In the future, however, this issue will be addressed.
6 Mr. Shardlow noted that water quality is a significant issue in the community. Hillcrest
7 has taken some steps towards remedying this situation, at least as far as Hillcrest's
8 responsibility is concerned. Again, Hillcrest intends on reviewing the situation and
9 complying with the requirements or exceeding the requirements as imposed by the
10 authorities.
11 Mr. Shardlow pointed the Council's attention to Page 122 of the Agenda Packets, wherein
12 there were 12 recommendations as provided by DSU. It was his understanding that the
13 Planning Commission voted to approve said recommendations at their June 20, 2000
14 meeting.
0-5 Both Cavanaugh and Thuesen noted concerns regarding the differences between
16 warehouse/manufacturing space as opposed to an office high-tech space as it relates to a
17 final outcome of Apache Plaza.
18 Cavanaugh expressed his opinion that the preliminary plan noted was not in a form that
19 articulated the expectations of the Council.
20 Mr. Bergstrom approached the Council and explained the Planning Commission's view
21 and understanding on the issue.
22 Cavanaugh noted that the issues raised in the meeting are critical in the final planning
23 stages.
24 Thuesen expressed his agreement that the Council must be cautious about the types of
25 businesses that are retained as tenants for Apache Plaza,either on a temporary or
26 permanent basis.
27 Mr. Shardlow explained that some of the concerns and issues needed to be raised and
28 discussed with the applicant(Hillcrest Development). Mr. Shardlow continued by stating
29 that it is his opinion that Hillcrest Development has proven itself to be honest and upfront
30 about plans and expectations. It would be Mr. Shardlow's advice to discuss some of the
1 issues with the applicant.
City Council Regular Meeting Minutes
June 27, 2000
• Page 9
1 Various discussion ensued between the Councilmembers, Mr. Shardlow and Mr.
2 Bergstrom regarding possible restrictions for the plan and/or the best plan for the City to
3 consider. .
4 Mr. Shardlow said an idea would be to specify some uses as conditional uses. Hillcrest
5 would like to structure an approval and go forward with that approval to fill the building
6 with tenants.
7 Cavanaugh inquired about the time consequences if this issue was returned to the
8 Planning Commission for further review. City Manager Mornson stated that it would
9 delay the issue from 2-4 weeks, but it would still be possible to accomplish the goals
10 already set. The issue would return to the Planning Commission meeting on July 18,
11 2000, and would then be passed back to the City Council at a Council meeting after that
12 date.
13 Anthony Gleekel, attorney for Hillcrest Development, approached the Council. He stated
14 that he understood the Council's concerns and expressed Hillcrest Development's position
15- on the issue. Additionally, he stated that the plan in question was not intended to be final
16 because there are many issues left to be studied and resolved. Additionally, Hillcrest's
'07 goal is to present a final approval, along with a specific PUD agreement. Mr. Gleekel
18 explained that Hillcrest would be targeting office-high tech tenants; however, Hillcrest
19 would like the opportunity to be flexible in their tenant base. Additionally, conditions
20 could be placed regarding the details of the exterior of the building if certain types of
21 tenants, such as warehouse/manufacturing, were obtained.
22 Cavanaugh suggested finalizing the discussions at the Council meeting today in a
23 document so that some definition could be obtained regarding the feelings of the
24 Councilmembers.
25 Cavanaugh asked Mr. Shardlow his opinion about sending this issue back to Planning
26 Commission. Mr. Shardlow stated that whether it is sent back or not,the same language
27 needs to be incorporated into the document. In essence,he would support sending the
28 issue back to the Planning Commission.
29 The consensus of the Council was that the issue should be returned to the Planning
30 Commission for further review and consideration.
31 Cavanaugh directed City Manager Michael Mornson to manage the process of getting the
32 issue returned to the Planning Session, as well as institute a work session for the Council,
33 if necessary.
10
City Council Regular Meeting Minutes
June 27, 2000
Page 10
1 Mr. Gleekel suggested that a committee be organized to review the details of the plan.
2 City Manager Michael Mornson had some ideas as to the members of the committee.
3 Motion by Horst to table the plan, return the issue to the Planning Commission, and to
4 implement a committee.
5 Motion carried unanimously.
6 Cavanaugh asked Mr. Bergstrom about the locating of Frontline Church to the City, which was
7 discussed at the Planning Commission meeting on June 20, 2000. Mr. Bergstrom reviewed for
8 the Council that the Church was seeking to relocate the Church and Outreach Center to the
9 commercial property at 2654 Kenzie Terrace. This relocation would require a petition for
10 amendment of the zoning ordinance and permit for conditional use. The Planning Commission
11 had noted, and the Council agreed, that this request would be difficult to achieve.
12 City Attorney Soth advised that the Planning Commission should review the issue in full detail,
13 and have findings for denying or approving the request. Then,the Council should approve or
14 deny the request with specific findings as to the decision.
•5 Mornson requested that Mr. Bergstrom be the Planning Commission liaison to the City.Council
16 at the July 25, 2000 City Council meeting due to his familiarity with the issues and discussions
17 that ensued at this Council meeting. Additionally, Mornson wished to thank Mr. Bergstrom for
18 negotiating the process of obtaining the firm of DSU to assist in the Hillcrest redevelopment of
19 Apache Plaza.
20 B. Peter Willenbring of WSB & Associates, Inc. Will Present and Update on General
21 Engineering Projects.
22 1. Resolution 00-055 re: Harding Street Storm Water Improvements.
23 Cavanaugh welcomed Peter Willenbring of WSB & Associates and invited him to
24 address the Council. Mr. Willenbring provided a brief background of the project. A
25 public information meeting was held on June 7, 2000 with the owners affected by the
26 proposed Harding Street Storm Water Improvement project. This meeting was a follow
27 up to the February 29th meeting
28 Jeane Garene, Landscape Architect, and she has been working with the resident group
29 and WSB regarding landscaping of the project. Ms. Garene directed the Council's
30 attention to the landscaping plan, as included in the Council's agenda packets. Ms.
31 Garene stated that the proposed plan would be an amenity for the residents and provided
City Council Regular Meeting Minutes
June 27, 2000
Page 11
1 for long, native grass that would not be mowed. This was an ideal choice because of the
2 slope of the land. Some residents were concerned about the geese population, and Ms.
. 3 Garene stated that the issue had been taken into consideration when developing the plan.
4 Ms. Garene stated that it was the resident's desire to begin the project as soon-as possible.
5 Her firm's recommendation would be to obtain a contractor that is experienced in native
6 seeding, together with a three-year maintenance contract to ensure the success of the
7 seeding.
8 Additionally, Ms. Garene wished to point out that various trees and shrubs are depicted
9 on the drawing she presented, and will be incorporated with the native seeding. The
10 residents wished for the overall feeling of the area to be of woodlands.
11 Mr. Willenbring directed the Council's attention to a proposed schedule of the project that
12 was included in the Council's agenda packets.
13 City Attorney Soth wished to mention that if the Council plans to proceed with the
14 project this year, it would be necessary to begin a condemnation proceeding on all the
15 properties immediately. If in the meantime, if residents decide to sell their property, that
06 would be the most beneficial for the City. But, if there were residents who do not plan to
17 sell their property, then the condemnation proceeding would need to be in place.
18 However, he stated that if the project were done next year, then the City would have
19 ample time to negotiate with the residents first, and the condemnation process last.
20 Some of the residents in the audience expressed surprise at the condemnation process.
21 Mr. Willenbring stated that since it had been the residents' desire to begin as soon as
22 possible, the condemnation process needed to be brought up and addressed. Mr.
23 Willenbring noted that the optimal time of year for construction is in the fall when
24 residents' windows are closed and noise would.not be as much as an issue.
25 City Manager Michael Morrison and City Attorney Soth reviewed together the process
26 and requirements for condemnation proceedings and the optimal options for the City.
27 Horst thought that the City had initially agreed to offer a settlement to the homeowners
28 for their property. Mr. Soth said that was correct; however, the condemnation
29 proceedings must be implemented because of the time frame that it takes to complete that
30 process in the case that a settlement could not be obtained.
31 Mr. Soth stated the process of obtaining the land is by a properly-by-property negotiation,
32 as well as a property-by-property condemnation proceeding. In other words, each
�3 individual property is negotiated separately from the others.
12
City Council Regular Meeting Minutes
June 27, 2000
tPage 12
1 Mr..Willenbring noted that the resolution included in the Council's packets did not
2 include any language relating to condemnation proceedings.
3 Cavanaugh reviewed the issue by stating that the Council has been made aware of a
4 possible condemnation process if the "willing seller, willing buyer" approach would not
5 work.
6 Mr. Soth stated there was one way to avoid beginning the condemnation process, and that
7 is to postpone the project until the fall of 2001 (since fall is the best time to start). This
8 would allow for ample time to negotiate settlements with sellers of property.
9 Cavanaugh stated he would hope the City could settle with "willing buyer, willing seller,"
10 but if not, the condemnation proceedings would be acted upon. It is a value to the
11 community to have a holding pond. Cavanaugh summed up by stating that if the
12 community wants quick construction of the pond, then condemnation is the best option
13 for uniform settlement.
14 Mr. Soth clarified that he stated that condemnation needed to be started, but it would be
•5 best for the City and the residents if the negotiations never reached that point. In other
16 words, it would be to everyone's advantage to agree to a settlement, but condemnation
17 proceedings need to be started due to the time frame.
18 The other alternative about negotiating with residents over the fall and winter was
19 discussed, as opposed to beginning condemnation proceedings immediately and starting
20 construction in the fall of 2000.
21 Mr. Soth reminded the Council that there is one other option, which is to negotiate with
22 the residents, and begin the condemnation proceedings if necessary.
23 Mr. Willenbring reviewed that the residents had expressed an interest in beginning
24 construction right,away; however,the residents were not aware at that time about the
25 possibility of condemnation proceedings.
26
27 A resident approached the Council and stated that delaying the project until the fall of
28 2001 makes sense because it would give the Council and residents time to negotiate.
29 Originally, he stated that the residents wanted the project to begin immediately; however,
30 none of the residents he noted were aware of the condemnation process.
31 Another resident approached the Council and said that he had been told by the prior
�2 Mayor that a fair settlement would be given. The resident was concerned that he would
13
City Council Regular Meeting Minutes
June 27, 2000
0 Page 13
1 be forced to have out-of-pocket expenses and still would not be fairly compensated for
2 his property. Mr.,Soth reassured the resident that he would be fairly compensated either
3 by an agreement between the resident and.the City, and if the process went to Court, then
4 he would be fairly compensated by the Court.
5 Bob Strakoda, an appraiser and commissioner from the audience spoke to the Council and
6 explained the process of the appraisal process for these types of situations, and reassured
7 the residents in attendance that they would be fairly compensated for their property.
8 Jeff Winker, 2813 30th Avenue, approached the Council and presented a drawing that
9 was shown at the February 29, 2000 neighborhood meeting.
10 Motion by Horst to approve Resolution 00-055, a Resolution Ordering Property
11 Appraisals, Purchase of Easements, and Preparation of Final Plans for Storm Water
12 Improvements at Harding Street, wherein the City Council of the City of St. Anthony
13 authorizes:
14 * The appraisal of affected properties for the purposes of acquiring drainage,
15 ponding, and utility easements;
•16 * Ci ty Staff to acquire necessary easements for construction of storm water
17 improvements; and
18 * WSB & Associates to prepare final plans and specifications for the proposed
19 improvements.
20 Motion carried unanimously.
21 Sparks mentioned that she would like to review any proposed maintenance agreements,
22 and she would like to ensure that high quality standards would be used in the construction
23 of the project. Sparks wished to recognize the sacrifice that the residents are making.
24 Motion by Horst to extend the meeting time past 10:30 p.m.
25 Motion carried unanimously.
26 2. Resolution 00-056 re: Order Feasibility Report on 2001 Street and Utility
27 Improvements.
28 Motion by Horst to approve Resolution 00-056, a Resolution Ordering Preparation of
29 Report on Improvement wherein the City Council of St. Anthony authorizes the proposed
•30 improvement to be referred to WSB & Associates for study and that they are instructed to
14
City Council Regular Meeting Minutes
June 27, 2000
• Page 14
1 report to the Council with all convenient speed advising the Council in a preliminary way
2 as to whether the proposed improvement is necessary, cost-effective, and feasible and as
3 to whether it should,best be made as proposed or in connection with some"other
4 improvement, and the estimated cost of the improvement as recommended.
5 Motion carried unanimously.
6 Mr. Willenbring reviewed the remainder of the memorandum with the Council outlining
7 a list of projects that are currently ongoing within the City.
8 Mayor Cavanaugh thanked Mr. Willenbring for his presentation.
9 C. City Manager.
10 1. City Manager Michael Mornson reported that a proposal would be received from
11 Mary Ann Jacobson regarding the grant proposal for Central Park.
12 2. The skate park proposal as submitted by the Parks Commission will be deferred to
13 the Council meeting on August 8, 2000.
•14 3. There will be a survey in the Summer Newsletter regarding having one garbage
15 hauler for the City.
16 4. The lighting proposal for 29th Avenue NE will be available July 19-25.
17 5. The current plan for the green space for the St. Anthony Shopping Center will be
18 presented by Dick Krier on July 11, 2000 at the City Council meeting.
19 6. Autumn Woods would be making a proposal for expansion of the facility on the
20 property. Updates would be forthcoming to the Councilmembers.
21 7. Mayor Cavanaugh and the St. Anthony Chamber of Commerce have sent letters to
22 Herbergers' corporate office regarding the redevelopment of Apache Plaza.
23 8. Evaluations regarding Silver Lake will be in the Council boxes soon.
24 9. Mornson reviewed the upcoming issues for the Planning Commission in July.
25 10. The City's Fire Chief is negotiating with the City of Roseville regarding an
26 Automatic Fire Response Contract.
•
15
City Council Regular Meeting Minutes
June 27, 2000
• Page 15
1 XI. REPORTS FROM COUNCILMEMBERS.
2 Hodson met with the Silver Lake Homeowners,Association and the consensus to work with the
3 Council in establishing a long-term relationship regarding water quality., The Councilmembers
4 would be receiving a letter soon regarding the results of that meeting.
5 Horst wished to express his appreciation for the Planning Commission working late last week,
6 and to the Chamber of Commerce for writing the letter to Herbergers last week. Additionally,
7 Horst was planning on attending the Metropolitan Council breakfast.
8 Thuesen did not have a report.
9 Sparks noted that there is a VillageFest meeting at 6:30 p.m. on Thursday evening at City Hall.
10 Additionally, Sparks noted that there has been another complaint about speeders on 30th.
11 Apparently, a resident ran over a skateboard and, luckily,there was not a child on the skateboard.
12 However, it is about the third time that the resident has complained about speeding. A thought
13 was to put up the radar sign along that street so that residents could see the speeds.
14 Cavanaugh acknowledged that the golf notice.has been mailed and he said that it looks like a
05 great outing. In connection with The National Night Out, Cavanaugh mentioned that
16 Councilmembers have, in the past, agreed to sign up for specific blocks.
17 XII. INFORMATION AND ANNOUNCEMENTS.
18 None.
19 XIII. ADJOURNMENT.
20 Motion by Horst to adjourn the meeting at 10:52 p.m.
21 Respectfully submitted,
22 Sue Selseth
23 Timesaver Off Site Secretarial, Inc.
24
25 Mayor
26 ATTEST:
27 City Clerk
�8
16
Saint Anthon y e Villa g
DATE: July 11, 2000 Approval:.
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval:
Heating Contractor License:
Market Mechanical, Brooklyn Park, MN
Metropolitan Mechanical Contractors, Inc., Eden Prairie, MN
Gilbert Mechanical Contractors, Inc., Edina, MN
G R Mechanical Plumbing & Heating Contractor Inc., Roger, MN
Peak Mechanical, New Brighton, MN
Maple Grove Heating & Air Conditioning, Osseo, MN
River City Sheet Metal, Inc., Coon Rapids, MN
Superior Contractors, Inc., Minneapolis, MN
Daves Appliance Heating & Air Inc., Columbia Heights, MN
Centraire Heating and Air Conditioning, Eden Prairie, MN
Kath Fuel Oil Service Co, Little Canada, MN
Sharp Heating & Air Conditioning, Mpls., MN
General Contractors License:
Classic Builders Inc.;Blaine; MN
Topline Advertising, Inc., Osseo, MN
LeRoy Signs Inc., Brooklyn Park, MN
Pioneer Tree Service Inc., Pierz, MN
•
17
BRC FINANCIAL SYSTEM ST. ANTHONY VILLAG'
/0572000 1Q: _Chec Register GL540R-VO6.27 PAGE
BANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
—Oa213 A- T-.A T GJIRFCESS 5E.R17IC.E _i7023_07/12/00
42 10 -
004225 ALL.IANT FOODSERVICE 17024 07/12/00 1 ,035.27
004015 AMERIPRIDE LINEN 17025 07/ 12/00 777 . 14
004c93 -------BELLBOY—CORP.-- - - 1702.6 07/12/00 580.76
004065 CENTRAL_ LOCK & SAFE CO 17027 07/ 12/00 57 .50
004087 CITY PAGES 17028 07/12/00 234.00
- -----.---00-4107--------COMPTON-'-S COMMERCrAL—CLN --- -_---- 17029 '07/ 12%00 186.'38
004120 EAGLE WINE CO 17030 07/12/00 280.98
004130 ECOLAB 17031 0711210[) 149 .05
- ---004141 FRITZ - COMPANY; INC-: --- - _ - 17032 07/12/00 4, 481 . 1
004172 GRAPE BEGINNINGS, INC . 17033 07/ 12/00 102.00
004175 GRIGGS COOPER & CO INC 17034 07/12/00 6, 483.46
04201----HEGGIES-PI7ZA - --- -- ----17035 07/12700
307 .25
008617 HINNENKAMP/WAYNE 17036 07/12/00 63.50
004220 JOHNSON BROS. LIQ. 17037 07/ 12/00 14,428.43
- 002040_ L.ILLIE 'SUBURBAN NEWSPAPE 17038 07/12/00 200.00
008671 MENGF_LKOCH CD 17039 07,112/00 12 .00
00472 METZ BAKING CO 17040 07/12/00 147.70
000'O4`> ---OFFICE-DEPOT----'----------. - 17041 07/12/00 40.90
004345 OLD DUTCH FOODS INC 17042 07/12/00 72.05
004360 PHILLIPS WINE & SPIRITS 17043 07/12/00 4,244.36.
..004376 PRIOR WINE__C'O . - _.,-----._.---.-_...----. .. 17044 07/12/00 2,615.47
004385 QUALITY WINE CO 17045 07/ 12/00 8, 160 .07
008597 R. D. HANSON ASSOC . , INC . 17046 07/12/00 96 .00
004466 SYSCO-MINNESOTA _.--..._....--------- ---- 17047 07/12/00 1 , 1 14.69
0044.68 TOTAL REGISTER SYSTEMS 17048 07/12/00 35.63
008670 TWIN CITIES BLUES NEWS 17049 07/ 12/00 65 .00
008270 UNITED STATES POSTAL SER 17050 07/12/00 1.00.0()
LIQUOR CHECKING ACCOUNT 46, 112 .86 '
•
18
BRC FINANCIAL_ SYSTEM{ ST. ANTHONY VILLAGE
-- , ,ec =-Re inter____ _ - -GL540R-V06.2.7 PAGE
/0572000 _. -07 e---- 7 •-`
BANK VENDOR CHECK# DATE AMOUNT
L_IQR LIQUOR CHECKING ACCOUNT
------C�03iO--_..FIR.3TAR-ST—ANTFIOi �rrc -- -1b��d 0673070[) 8,000_°0[?
003160 FIRS►'AR ST ANTHONY BANK 16491 06/30/00 1.5,000.00
002649 JAM BAND/THE 16492 06/30/00 370 .00.
-_. ------ -
- -------d042:_�0 -----L:UnIDGREi\I7MIATTHEW---H. 16493 06/30/00 150.00
003160 FIRSTAR ST ANTHONY BANK 16494 06/30/00 11 ,764 .98
000670 CITY COUNTY CREDIT UNION 16495 06/30/00 485.0',
- -----
000055-. ------AETNA-LIFE-gZ-ASUFIL'f�--- ------ - 16496 06/30/00 143 .52
004208 I C M A RETIREMENT TRUS 16497 06/30/00 280.00
008313 MN CHILD SUPPORT PYM1T CE 16498 06/30/00 425.55
004330 PUBLIC -EMPL..OYES._-RET1`R.EMiE 16499 06/30/00 1 ,839.e6
004233 LMCIT % BERKLEY RISK SE 16500 06/30/00 147 .20
004318 . NAT FINANCIAL INS CO 16501 06/30/00 9.50
---FTR STAR__S TANTF[ON7__F9NK—_ -- ---. 16502 06/30100-- 81000 . 00
00310 FIRSTAR ST ANTHONY BANK 16503 06/30/00 15,000.00
004250 LUNDGREN/MATTHEW H. 16504 06/30/00 75 . 00
008532.... ... InIST_DE STRAIGHT.._ -------- ---- - 16505 06/30/00
350.00
008643 THIRD POWER 16506 06/30/00 250 .00
004207- HOHENPTE:IN 'S , INC 16507 06/30/00 4,208.20
-
008265- -- FIRSTAR -CORPORATE-TRUST- - --. 16568 06130100 1:3:493 .75
003160 FIRSTAR ST ANTHONY BANK 16509 06/30/00 101000.00
• 003160 FIRSTAR ST ANTHONY BANK 16510 06/30/00 15,000 .06
004250 LUNDGRENZMATTHEW .H.--_-__-._.___._.. 16511 06/30/00 150.00
0OB6j;•9 JAM B AND/THE 16512 06/30/00 370 .00
004401 ST.A.L.IQUOR #1 PC 16513 06/30/00 248. 97
003160 FIRSTAR -ST A<<fTHON''(-Br`3tIF� 16514 06/30/00 12. 147 .75
000670 CITY COUNTY CREDIT UNION 16515 06/30/00 485.00
000055 AETNA LIFE & CASUALTY 16516 06/30/00 143 .52:
004208 I C - M A RETIREMENT TRUS 16517 06/30/00 290.00
008313 MN CHILD SUPPORT PYMT CE 16515 06/30/00 425 .55
004380 PUBLIC EMPLOYEE RETIREME 16520 06/30/00 1 ,819.2
- 002350--- MEDICA-CHOICE-----_--------- 16521 06/30/00 3, 152 .71.
000710 PRUDENTIAL LIFE INSURANC 16522 06/30/00 42°95
008289 NCPERS LIFE INSURANCE 16523 06/30/00 36.00
-0031b0_-.____ -.FIRSTAR- ST-ANTHONY--Br MK--...._- -16524 -06/30/00 15,000.00
003160 FIRSTAR ST ANTHONY BANK 16525 06/30/00 81000 .00
008632 INSIDE STRAIGHT 16526 06/30/00 350.00
---- ----00867'7------UIILD-HCUF-'-CATTS ----------- - 16527 06/30%00 - 35M0
004250 LUNDGREN/MATTHEW H. 16522 06/30/00 75.00
.00001 GOOD MUSIC AGENCY, INC 16529 06/30/00 270 .00
-- 003160------ --FIRSTAR_ST--.ANTHONY--BANK- --_ 16530 06/30/00 81000.00
003160 FIRSTAR ST ANTHONY BANK 16531 06/30/00 15,000 .00
008649 JAM BAND/THE 16532 06/30/00 370.00
- --- ---004250 -- Ct1NDGREN7MAT THEW-Ht ------._..__..-16533 0030/00 150 .00-- --
LIQUOR CHECKING ACCOUNT . 181 ,939.30
19
1 C-EIi�1gL�lCIAL SYSTEM _ ST_d-ANTHONY VILLF
06/29/2000 13: Check: Register GL540R-V06.27 PAGE
_VENDOR- CHEC.K#---DA-TE-_ -AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
'! 008216 A T &. T WIRELESS SERVICE 12196 07/ 12/00 78.93
008471 AIRGAS NORTH CENTRAL 12197 07/12/00 57.78
007338 AMERICAN EXPRESS __L2148-0-7-i2-L0.0_-_____456 .26
_ 008268 AMERICAN PAYMENT CENTERS 12199 07/12/00 75.00
000115 AMES PHOTO FINISH 12200 07/ 1.2/00 23.84
,000OR ANDEEASEN/1 EONARD 1220_i__0-71__i--c-LO.O- ---14_-.73____
008450 ANIMAL CONTROL SERVICES, 12202 07/ 12/00 100 .56
007322 BERGE:R TRANSFER & STORAG 1.2203 07/12/00 227.27
- 00Si�0E��GHZOhJ Atl'�O ELFS.TRIC 1220_!�Q7_L.121.00Z__-_-_ 5z._0.7
008672 BROADWAY PIZZA 12205 07/12/00 38.00
003714 BUILDING FASTENERS 12206 07/ 12/00 12 .59
007386 CA T1-E TNSPEC.TTON SERVTS 1 22-0 Q-7L1.2.L0-0 6_,826_..0_9
.00001 COLUMBIA HEIGHTS RENTAL 12208 07/1.2/00 100 . 60
=' 007382 CROWN FENCE & WIRE COMPA 12209 07/12/00 2,030.00
OO9634 D 2�IVMzR 3,-1Y_Fl.C1-E-SF. R-V-T.C_E
= 008284 ELECTION SYSTEMS & SOFTW 12211 07/12/00 443.88
008647 FRATTALLONE 'S HARDWARE 12212 07/12/00 49 . 28
008286 FRONTLINE FIRE & RESCUE
008238 FULLER/CHRIS 12214 07/12/00 10.70
001025 G & K SERVICES . 12215 07/12/00 65.78
001420 HAWKINS WATER TREATMENT 122_1.6 07/-1.210-0...
008673 HENNEPIN COUNTY ASSESSOR 1.2217 07/12/00 32,591 . 92
008252 HOME_ DEPOT-GECF 12218 07/1.2/00 405.27
008674 T_NTE-.RNATIONAL INSTITUTE 12219 07/12/00 1.10_.00_.__
007143 LARSON/ROGER A 12220 07/ 12/00 80.41
002395 M T I DIST CO 12221 07/12/00 1 ,720.30
-.00002 __I1?IL_E ENTERPRISES, INC . 12222 07/ 12/00 _
_ 621.._02
002280 MIDWEST ASPHALT CORP 1.2223 07/12/00 524.51.
008269 MINNF_SOfA SHREDDING LLC 12224 07/ 1.2/00 59 .95
008198 MORNSON/MICHAEL 12225 07/12/00 _ 208.00.
008326 NEWMAN TRAFFIC SIGNS 12226 07/12/00 30 . 42
000045 OFFICE DEPOT 12227 07/12/00 29.65
002820 PETTY CASH-FIRSTAR ST. A _ 12228 07/1.2/00 -__- 170_.50
008676 RICE CREEK WATERSHED DIS 12229 07/ 12/00 2,025.00
, j 1.2230 07/12/00 10.45
005293 ROAD RUNNER
_ .00001 SCIENCE MUSEUM OF MN 12231 07/ 12/00 _278.00
003350 SEH/RCM 12232 07/12/00 15,687.49
_ 005306 SPRINGSTED, INC . 12233 07/12/00 25,017 .96
005285 SROGA 'S _ _ 1.2234 07/12/00 -1_23.5 +•
007072 ST ANTHONY CHAMBER OF CO 12235 07/12/00 180.00
003155 ST ANTHONY FIRE RELIEF A 12236 07/12/00 16.98
005297 ST CROIX RECRF_ATION CO 12237 07/12/00 218 .78
003260 T A SCHIFSKY & SONS 12238 07/12/00 242.76
007337 TIMESAVER OFF SITE SECRE 12239 07/12/00 274.00
008270 UNITED STATES POSTAL SER 12240 07/12/00 600.00
002700 US WEST COMMUNICATIONS 12241 07/12/00 68.09
.00003 WASTE MANAGEMENT INC . 12242 07/12/00 396.57
008493 YOUNGDAHL COMPANIES 12243 07/-12/00 450.00
FIRSTAR ST. ANTHONY CHECKING 93, 112.69
57' ----
•
IX. GENERAL POLICY BUSINESS OF THE COUNCIL.
A. Resolution 00-057
B. Ordinance 2000-003
C. Ordinance 2000-004
i
20
MEMORANDUM
DATE: June 29, 2000 Meeting Date: July 11, 2000
TO: Michael Mornson, City Manager
FROM: Jay Hartman, Public Works Director
ITEM: STAFF REPORT FOR IMPROVEMENTS TO CENTRAL PARK
•
Task I of the Central Park Master Plan, as outlined by BRW, Inc. has been completed. Work
on Task II (site engineering and preparation of the final plan) is progressing and it is expected
to be completed in August. We are requesting $8,500.00 to complete Task II of the Master
Plan.
Recommendation: Approval of Resolution 00-057 authorizing $8,500 to BRW, Inc. to prepare
the final design and site engineering related to improvements to Central Park.
•
21
CITY OF ST. ANTHONY
RESOLUTION 00-057
A RESOLUTION AUTHORIZING BRW, INC. TO PREPARE
THE FINAL DESIGN RELATING TO IMPROVEMENTS TO CENTRAL PARK
WHEREAS, a plan for improvements to Central Park was prepared by BRW, Inc. and
approved by the St. Anthony City Council; and
WHEREAS, Task 1 of said plan has been completed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby authorizes BRW, Inc. to proceed to Task 2 of the Central Park Master Plan, that-is site
engineering services and final design at a cost of$8,500.00.
Adopted this day of , 2000.
•
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
•
22
MEMORANDUM
DATE: 6/9/00 MEETING DATE: 6/20/00
TO: Planning Commission
THROUGH: City Manager_Morrison
FROM: Assistant City Manager Isom
RE: Public Hearing. An Ordinance amendment relating to lot coverage and building
to land ratio, amending sections 1605, Subd. 44(a) and 1615.05, Subd. 8 or the
1993 St. Anthony Code or Ordinances.
This item was brought before Council on 5/9/00 for action. No action was taken. Mayor Cavanaugh directed
City Manager Morrison to first return the Lot Coverage Amendment to the Planning Commission for approval.
If the Commission approves the Ordinance,then it will be returned to the Council on June 27.
Staff Recommendation: Motion to approve Ordinance 2000-003.
Cc: City Clerk Kroeplin
•
23
To: St. Anthony City Council
From: St. Anthony Planning Commission
Re:. Recommendation to change lot coverage ordinance.
Background
In the fall of 1999, the Planning Commission heard two very similar variance requests
in consecutive months. They were both requests for variances of the lot coverage
maximum. Both were undersized tats in area-and width. Both had garages located in
the back yard with the driveway running from the street in front (i.e., no alley). .Both
were above the maximum 35% lot coverage limit with 20=25% of the coverage made
up of the driveway and garage. Both listed the non conforming lot size and width as
the hardship in their variance request.
There are 439 lots under the current 9000 square foot minimum, about 25% of the city.
We suspect that most, if not all, of these lots are already above the 35% limit and many
will be seeking variances as people seek to enlarge theirRarages or improve their
• homes. Rather than,looking at the requests on a case by case basis?the Planning
Commission wants to set criteria that can be applied consistently, allowing
improvement of the homes in St. Anthony withput adversely aff ectiog--the-storm-water
control efforts. The go-;�j of tk ordinance change is to reduce the number ofyariance
requests to only tho.kthat�present extraordinary circumstances.
_Recommendation
We recommend thaMhe Ipt coverage ordinance be charged as follows:
1. Change Section 16O5j�ubd. 44(a) Lot Covp-.age to clarify the definition of
"impervious surface" t9 excW d - s fang as the surface below the deck is
not impe:Mous.
Lot Coverage. The area of a lot covered by impervious surface. An
impervious surface is any material that substantially reduces or
prevents the infiltration of storm water into previously.undeveloped
land. Impervious surface shall- include atl.buildings, driveways
(paved or.gravel), sidewualksand-parkLr*aa . A surface*that.has . _
been conrlpacted or covered Frith eeas a-layer of.material so that it.is
highly resistant to.infiltration by water will be considered impervious.
Impervious surface shall not include decks as-jong as the surface
beneath the deck is'not impervious.
Note: The-definition d.a-deck shguld alsa:jba changed to ensure that the deck
_itself is-notia3pervious.
• 2. Change Section 1615.05, Subd. 8 to create a two tier system for lot coverage
limits. Lots with area 9000 square feet or over would retain the 35% limit. Lots
with area less than 9000 square feet would have an increased limit of 40%.
3. Add a storm water retention plan to the building permit application. The
24
applicant must submit a short paragraph outlining what steps are being taken in
connection with the project to retain storm water on the property. An
educational brochure would accompany the application to give people ideas of
what can be done. The intent is to create'education and incentives for people
take these steps rather than requirements and enforcements.
Rationale
Excluding Decks
Under current interpretation, decks.are counted in determining lot coverage because
they are structures. This does not seem in line with the intent of the ordinance to limit
storm water runoff since water can run through the spaces and permeate into the
ground below.
Two Tier Lot Coverage Limit
We believe-thy 35% limit is nol reasonable far lots_under the current minimum lo�t_size
of 90QO square feet. Todd Hubner of WSB reported to us that increasing the lot
coverage*limitfor these lots would.not affect the storm water retention in St, Anthony.
The two tier system would allow property owners to improve their property without.
going-through the variance process, leaving variance requests for only extraordinary
• circumstances:. The 35% limit for lots.of 9000 square feet and above is in line with
other communities and we.believe it provides adequate room for development in the
majority of cases. Richfield has s similar two tier system.
Water Retention Plan
We believe most people would be willing to make simple changes to their building
plans to help alleviate fit Anthony's storm water problem if.they were given ideas and
encouragement to do so. Examples include directing gutter down spouts into the yard
rather than dawn the driveway and sloping-parldng.'are.as.toward the yard--rather than
toward the street. If things like this were done on a city-wide basis, there is potential
for a significantfavorable impact to the storm water control efforts.
Attachment:
Summary of other communities' lot coverage requirements.
25
CITY OF ST. ANTHONY
ORDINANCE 2000-003
AN ORDINANCE RELATING TO LOT COVERAGE AND BUILDING
TO LAND RATIO, AMENDING SECTIONS 1605 SUBD. 44(a) AND
1615.05, SUBD. 8 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1605.01, Subd. 44(a)is amended to read as follows:
Lot Coverage and Building to Land Ratio.
(a) Lot Coverage. The area of a lot covered by impervious surface. An impervious
surface is any material that substantially reduces or prevents the infiltration of
storm water into the ground. Impervious surfaces shall include all buildings,
driveways (paved or.gravel), sidewalks and parking areas. A surface that has
been compacted or covered with a layer of material so that it is highly resistant
to infiltration by water will be considered impervious. An impervious surface
shall not include decks as long as the deck is pervious and the surface beneath
the deck is pervious.
• Section 2. Section 1615.05, Subd. 8 is amended to read as follows:
Lot Coverage. The lot coverage for residential structures on lots with an area 9,000
square feet and above may not exceed 35%. The lot coverage for residential structures on lots
with an area less than 9,000 square feet, may not exceed 40%.
First Reading: June 27, 2000
Second Reading: July 11, 2000
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
26
• MEMO
DATE: May 10, 2000
TO: Mike Momson, City Manager
FROM: Capt. John Ohl
SUBJECT: Curfew Ordinance
On December 20, 1994, the Hennepin County Board of Commissioners adopted a
Juvenile Curfew Ordinance. This particular curfew ordinance was amended on June 27,
1995, and has been static ever since.
The Hennepin County Ordinance essentially indicated that:
• Juveniles under 12 YOA had to be home weekdays by 9:00 p.m., and Friday and
Saturday, home by 10:00 p.m.
• Juveniles ages 12 — 14 had to be home 10:00 p.m. on weekdays, and home by 11:00
• p.m. on Friday and Saturday.
• Juveniles ages 15 — 17 had to be home by 11:00 p.m. on weekdays, and home by
midnight on Friday and Saturday.
The Hennepin County Ordinance was different from our curfew ordinance (1105.01 &
.02) in essentially two.ways. The St. Anthony Ordinance governed persons under 16
YOA, and set the curfew at 10:00 p.m. on any day of the week. Our ordinance did not
restrict 16 and 17 year olds.
Minnesota State Statute 145A.05, Subd. 7A allows for a County Board to adopt a county-
wide curfew for unmarried persons under the age of 18.
Minnesota State Statute 145A.05, Subd. 9 allows governing bodies of cities or towns to
adopt ordinances related to public health, however, these ordinances must not conflict
with or be less restrictive than ordinances adopted by the County Board within who's
jurisdiction the city or town is located. This statute gives the County Board the right to
supercede our curfew ordinance.
Our department has been enforcing the Hennepin County Curfew Ordinance, however,
our city curfew ordinance was never taken off the books. It has now been suggested that
we formally adopt the Hennepin County Curfew Ordinance. The Police Department
• would be in favor of adopting the Hennepin County Ordinance, as we have already been
enforcing the ordinance since 1994.
27
• CITY OF ST. ANTHONY
ORDINANCE 2000-004
AN ORDINANCE RELATING TO JUVENILE CURFEW,
AMENDING SECTION 1105 OF THE 1993
ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1105 of the 1993 St. Anthony code of Ordinances is amended pursuant to
Minnesota Statutes, Chapter 145A.07, Subd. 7A, to read in its entirety as follows:
SECTION 1105 - CURFEW
1105.01 Findings and Purpose. In recent years there has been a significant increase in juvenile
victimization and crime. At the same time, the crimes committed by and against juveniles have
become more violent. A significant percentage of juvenile crime occurs during curfew hours.
Because of their lack of maturity and experience, juveniles are particularly susceptible to
becoming victims of older perpetrators. The younger a person is, the more likely he or she is to
be a victim of crime. While parents have the primary responsibility to provide for the safety and
Welfare of juveniles, the City has a substantial interest in the safety and welfare of juveniles.
• Moreover, the City has an interest in preventing juvenile crime, promoting parental
supervision, and providing for the well being of the general public. A curfew will reduce
juvenile victimization and crime and will advance public safety, health, and general welfare.
1105.02 Definitions.
Subd. 1. Juvenile means a person under the age of 18. The term does not include
persons who are married or have been legally emancipated.
Subd. 2. Parent means birth parents, adoptive parents, and step-parents.
Subd. 3. Guardian means an adult appointed pursuant to Minn. Stat. 526.6155 or
525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat.
525.619.
Subd. 4. Responsible adult means a person 18 years or older specifically authorized by
law or by a parent or guardian to have custody and control of a juvenile.
Subd. 5. Public place means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the common
areas of schools, hospitals, apartment houses, office buildings, transport facilities, and
• shops.
28
Ordinance 2000-004
• Page 2
Subd. 6. Emergency means a circumstance or combination of circumstances requiring
immediate action to prevent property.damage, serious bodily injury or loss of life.
Subd. 7. Serious bodily injury means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted loss of impairment
of the function of any body part or organ.
Subd. 8. Establishment means any privately-owned place of business to which the public
is invited, including but not limited to any place of amusement, entertainment or
refreshment.
Subd. 9. Proprietor means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes the members
or partners of an association or partnership and the officers of a corporation.
1105.03. Prohibited Acts.
Subd. 1. It is unlawful for a juvenile under the age of 12 to be present in any public
place or establishment within the City of St. Anthony:
• a. any time between 9:00 pm on any Sunday; Monday; Tuesday; Wednesday; or
Thursday; and 5:00 am of the following day.
b. any time between 10:00 pm on any Friday or Saturday and 5:00 am on the
following day.
Subd. 2. It is unlawful for a juvenile, age 12, 13 or 14, to be present in any public place
or establishment within the City of St. Anthony:
a. any time between 10:00 pm on any Sunday; Monday; Tuesday; Wednesday;;
or Thursday; and 5:00 am of the following day.
b. any time between 11:00 pm on any Friday or Saturday and 5:00 am on the
following day.
Subd. 3. It is unlawful for a juvenile, age 15, 16 or 17, to be present in any public place
or establishment within the City of St. Anthony:
a. any time between 11:00 pm on any Sunday; Monday; Tuesday; Wednesday; or
Thursday; and 5:00 am of the following day.
b. any time between 12:01 am and 5:00 am on any Saturday or Sunday.
29
• Ordinance 2000-004
Page 3
Subd. 4. It is unlawful for a parent or guardian of a juvenile knowingly, or through
negligent supervision, to permit the juvenile to be in any public place or establishment
within the City during the hours prohibited in Subds. 1, 2, and 3 of this Section.
Subd. 5. It is unlawful for a proprietor of an establishment within the City to knowingly
permit a juvenile to remain in the establishment or on the establishment's property
during the hours prohibited in Subds. 1, 2, and 3 of this Section. If the proprietor is not
present at the time of the curfew violation, the responding officer shall leave written
notice of the violation with an employee of the establishment. A copy of the written
notice shall be served upon the establishment's proprietor personally or by certified
mail.
1105.04. Defenses.
Subd. 1. It is an affirmative defense for a juvenile to prove that:
a. the juvenile was accompanied by his or her parent, guardian, or other
responsible adult.
• b. the juvenile was engaged in a lawful employment activity or was going to or
returning home from his or her place of employment.
c. the juvenile was involved in an emergency situation.
d. the juvenile was going to, attending, or returning home from an official
school, religious, or other recreational activity sponsored and/or supervised by a
public entity or a civic organization.
e. the juvenile was on an errand at the direction of a parent or guardian.
f. the juvenile was exercising First Amendment rights protected by the United
States Constitution or Article I of the Constitution of the State of Minnesota. .
g. the juvenile was engaged in interstate travel.
h. the juvenile was on the public right-of-way boulevard or sidewalk abutting the
property containing the juvenile's residence or abutting the neighboring property,
structure, or residence.
Subd. 2. It is an affirmative defense for a proprietor of an establishment to prove that:
30
• Ordinance 2000-004
Page 4
a. the proprietor or employee reasonably and in good faith relied upon a
juvenile's representations of proof of age. Proof of age may be established
pursuant to Minn. Stat. 340.503, Subd. 6, or other verifiable means, including,
but not limited to, school identification cards and birth certificates.
b. the proprietor or employee promptly notified the responsible police agency
that a juvenile was present on the premises of the establishment during curfew
hours.
1105.05. Penal 1y.
Subd. 1. Violation of Section 1105.03, Subds. 1, 2, or 3 will be prosecuted pursuant to
Minn. Stat. 260.195 and will be subject to the penalties thereon.
Subd. 2. Violation of Section 1105.03, Subds. 4 or 5 is a misdemeanor and will be
subject to the penalty set forth in Minn. Stat. 609.03.
Section 2. This ordinance will become effective as of the date of its publication.
® First Reading: June 27, 2000
Second Reading: July 11, 2000
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
•
X. REPORTS FROM COMMISSIONS AND STAFF.
A. Dick Krier -.,St. Anthony Shopping Center
B. City Manager
•
31
•
July 7, 2000
Housing and Redevelopment Authority
City of St. Anthony
City Hall
3303 Silver Lake Road NE
St. Anthony, MN 55418
RE: Village Green Schedule
Dear Commissioners:
The purpose of this letter is to update the HRA on the Village Green Project.
As you know the Village Green Project has been delayed from the schedule that was
provided to the HRA in January. This delay was at the request of the City Manager to
provide time to negotiate with the St. Anthony Shopping Center Owners. The purpose of
those negotiation was to ascertain if the Center Owners would be interested in
redevelopment of their center. To date the Center Owners have not committed to
tredevelopment.
The scheduled tasks that have been completed to date are as follows:
1. The Construction Document Design Team of BRW has been selected
2. Topographic Survey bid has been obtained
3. Negotiations with Hennepin County Highway Department have been initiated
• County Agreement to allow part of the Greenway to be located in the County
Road 88 R-O-W
• County indicating that the Pedestrian crossing on Kenzie Terrace was acceptable
• County indicating that funding for turning lanes and trails would not be available
4. Cost estimates to underground the NSP electrical lines is near completion
5. The St. Anthony Park and Recreation Board was briefed on the Master Plan
6. Final design approvals for the Hitching Post
The original schedule provided that the project would start in January 2000 with a
construction start in the spring of 2001 and construction finish in the fall 2001.
A revised schedule would put the construction start date and construction finish dates at
the same time as the original schedule. This is possible because we scheduled the
construction start in the spring of 2001 to obtain better bids. This schedule is within the
time frame in the developer agreements between the HRA and St. Anthony Shopping
Center and the HRA and Hitching Post.
• Midwest Planning&Design,LLC
1491 Shoreline Drive
Wayzata,MN 55391
Phone 952.476.1762
(Fax)952.476.7939
krierOO1@gold.te.umn.edu
32
• I have attached the original schedule with the completed items for your information.
Sincerely,
west Planning &Design, LLC
Richard Krier, AICP
President
Encl. original schedule
•
•
• • •
Kenzie Terrace Schedule
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarl
Task Name Jan Feb Mar r Jun Jul Oct Nov Dec Jan Feb Mar r M Jun Jul Oct Nov
EI 2 Prepa re Schedule Completed MPD
Solicit Designer Proposals Completed MPD
3 Select Designer/Eng.Completed Q cm
4 HRA app.Designer/Eng.Contract HRA
rn1
5 Obtain TOPO&detail utility information Completed wsBPD
5 Designer prepare G.C.Construction Doc, DesignIMPD
7 Negotiate:County for Use of ROW/Funding Completed MPD
S Negotiate:NSP for removal of power poles kiPo
9 Negotiate:Huth for easement cm
10 Review Master Plan with P.O. Design/MPD
11 PO approve General Conditions MPD
12 Review Master Plan with Park Board Completed MPD
13 Prepare Agreements with NSP County Huth ED Hl4 Attomey1MPD
14 Designer Prepares Preliminary Cost Estimates N
Desl e MPD
1s Property Owners review costs&Design elements MPD
19 Review Design Elements with Park Board MPD
17 Prepare preliminary Budget Update 0 MPD
E20 HRA approve of Agreements CrA/HRA
HRA approve preliminary Budget 6tilMRA
HRA approve design elements 6WHRA
Designer prepare first draft Construction Plans Deslgn/MPD:
22 Park Board Reviews first draft MPD
2 3 Approve by Property Owner(PO) MPD
24 HRA review first draft cM/HRA
0:
25 Designer prepare final construction Doc. Deslgn/l IPD
25 Construction Doc reviewed by HRA Attomey 0 HRA Attomey
Fri 7!1/00 Page 1
• • •
Kenzle Terrace Schedule
let Quarter 2nd Quarter 3rd Quarter 4th Quarter Tat Quarter 2nd Quarter 3rd Quarter 4th Quarl
10 Task Name Jan Feb Mar I May I Jun Jul I Aug I Sep I Oct I Nov Dec I Jan I Feb I Mar I Apr I May I Jun I Jul I Aug I Sep I Oct I Nov
27 Approve PO A&D
28 Designer Solicit bids 0:DeslgnerIMP0
29 Pre bid mtg. j:D&slgn9rIMPD
30 Contractors bid DeslgnfMPO
311 HRA awards contract Eg CMIHRA
32 Contractor mobilizes Contractor/Design
33 Construction
Cantr
34 Designer/Eng.Construction Observation D"19
35 Substantial completion
Design,
36 Final Completion 8 D
Frl W7100 Page 2
MISCELLANEOUS INFORMATIONAL DOCUMENTS
•
• MEMORANDUM
DATE: 6/29/00
TO: City Manager Morrison
FROM: Assistant City Manager Isom 5
RE: "AMENDED"UPDATE OF THE CRITICAL PATH FOR PLANNED UNIT DEVELOPMENT
(PUD)ORDINANCE/PROCESS AND HILT CREST DEVELOPMENT'S REDEVELOPMENT
OF APACHE PLAZA PROPERTY
To date the"Critical Path"is amended as follows:
Critical Path/Important Dates
Target Complete Task
4/18/00 4/18/00 Planning Commission meeting. Commission approved an amendment to the
Comprehensive Plan. Commission to ask Hillcrest to withdraw their request for
zoning map change and zoning code amendment.
4/25/00 4/25/00 City Council meeting. Council to consider an amendment to the Comprehensive Plan.
4/27/00 4/26/00 Planning Consultant. Consultant to submit "Application for Comprehensive Plan
Amendment"to Metropolitan Council.Planning Consultant to facilitate the approval
• . of said amendment.
5/2/00 5/2/00 Planning Commission work session. Commission to hold work session with Planning
Consultant,staff,and Hillcrest to discuss the draft PUD ordinance and process.
5/9/00 5/10/00 Planning Consultant. Consultant to submit final PUD ordinance and related forms
applications,etc.to staff. Said ordinance and related documents shall be"approved
as to form"by.City Attorney Soth. Additionally,Consultant to work with Hillcrest to
prepare them for the PUD process.
5/15/00 5/15/00 City Council work session. Council to hold work session with Planning Commission
Representative,Planning Consultant,staff,and Hillcrest to discuss PUD ordinance and
process.
5/16/00 5/16/00 Planning Commission meeting. Commission to hear PUD ordinance. Commission,
Consultant,and staff to hold/hear Hillcrest Development's"Application Conference"
and"Sketch Plan."
5/23/00 5/23/00 City Council meeting. City Council to hear the PUD ordinance(one reading).
6/6/00 6/6/00 Planning Commission work session. Commission to hold work session with Planning
Consultant,staff,and Hillcrest.
2
6/20/00 6/20/00 Planning Commission meeting. Commission to hear(Public Hearing)"Preliminary
Development Plan"(PUD/site specific)and make recommendations for approval or
denial of said plan. Commission also to hear(Public Hearing)plan for Tax Increment
Financing(TIF).
6/27/00 6/27/00 City-Council meeting. Council to hear Preliminary Development Plan (PUD/site
specific).
NOTE. Council referred Preliminary Plan back to the Planning Commission.
7/18/00 ---- Planning Commission meeting. Commission to re visit,via public hearing,Preliminary
Development Plan(PUD/site specific)to include rezoning of the Apache Plaza from
"C"district to PUD designation.
7/25/00 ---- City Council meeting. Council to rehear Preliminary Development Plan(PUD/site
specific) to include rezoning of the Apache Plaza from "C" district to PUD
designation.
8/15/00 ---- Planning Commission meeting. Commission to hear"Final Development Plan"for
the Apache Plaza(building specific).
8//22/00 ---- City Council meeting. Council to hear Final Development Plan(building specific),
findings of fact consistent with approval/denial,and final PUD agreement.
• The Development Review Committee for this project has been expanded to include:Mayor Cavanaugh,Mike Morrison,
Doug Bergstrom,John Shardlow,Bill Soth and me. John Shardlow is the point of contact for this project and is working
with City.Attorney Soth,Hillcrest,and staff to meet all target dates. It should be noted that the"Critical Path/Important
Dates"may change depending on the outcomes of the Council and Commission meetings.
Note: Please disregard the"Critical Path"dated 6/28/00. Thank you.
Cc: City Clerk Kroeplin
Planning Consultant Shardlow
City Attorney Soth
•
•
MEMORANDUM
DATE: July 7, 2.000
TO: Mayor and Councilmembers
Spencer Isom, Assistant City Manager
FROM: Michael Mornson, City Manager
ITEM: CRITICAL PATH/E%IPORTANT DATES FOR APACHE TAX
INCREMENT FINANCING - UPDATE
Tar et Complete Task
4/27/00 4/27/00 City Manager meets with Jerry Gilligan, Dorsey & Whitney, and
Bob Thistle, Springsted, Inc., to review tax increment financing
(TIF) request from Hillcrest Development.
• 5/2/00 5/2/00 City Manager, Gilligan, Thistle meet with development team to
discuss TIF request with Hillcrest.
5115100 5115100 Work session with City Council.
5/17/00 Letter sent to Ramsey County on TIF plan.
6/13/00 6/13/00 City Council/Housing and Redevelopment Authority (HRA) calls
for a public hearing on new TIF District and decertify old TIF
District.
Review business terms with Hillcrest.
6/14/00 6/20/00 City notifies School Board and County Boards about new TIF
District.
6/20/00 6/20/00 Planning Commission reviews TIF plan and makes
recommendation to HRA.
6/27/00 6/27/00 Public hearing to adopt business subsidy policy.
7/7/00 7/7/00 Notice of 7/25 hearings faxed to St. Anthony Bulletin.
7/12/00 Notice of 7/25 hearings published in Bulletin.
• 7/25/00 Three public hearings by Council:
(1) new TIF District
(2) decertify parcels from existing District
(3) specific business subsidy agreement with Hillcrest
8/22/00 Approve developers agreement/final plan and business
subsidy agreements with Hillcrest
•
ATTORNEYS AT LAW
OTI-iOMAS E. BREVER SUITE 201 ANTHONY PLACE
JOHN A. HEDBACK 2855 ANTHONY LANE SO.
JOSEPH A. WENTZELL" ST. ANTHONY, MN 55418
ROBERT J. FOSTER
PEG--Y J. HEDBACK TELEPHONE: (612) 789-1331
LESLIE M. WITTERSCHEIN FAx: (612) 789-2109
ALSO ADMI'[`fED IN TEXAS E-MAIL: fwhb(9)fowb-1aw.com
OF COUNSEL:
SARAH MARTIN ARENDT
STEVEN P. CARLSON
G. MARTIN JOHNSON
June 26, 2000
Mr. Michael Mornson
• City Manager
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: St. Anthony Prosecution Activity Reports
Dear Mike:
Enclosed please find the status prosecution report for the month of May, 2000, along
with the complaint status report and case disposition summary page.
If you have any questions, please do not hesitate to call.
Sincerel y r'r 1// k C
Steven P. Carlson
SPC/mkn
• Enclosures
St. Anthony Complaint Status
May, 2000*
*For complaint requests received on or after 05/01/00
Note: Requests for Complaints received on or after 05/01/00,he average turn around time from time of receipt
until time available for pickup by Police Department is o a-5 work day(s).
Dendant/ Date Received Date Dictated Dated Called Date Picked up
Offense /Available for by P.D.
Pickup
Duncan, David 05101100 - Order 05/01/00 05101100 05/01/00
James/ GM DWI, for Detention
GM .10+ w/i 2hrs,
Agg. DWI
Grey, David 05/08/00 - Order 05/08/00 05/08/00 05/08/00
Babatunde/ GM for Detention
Domestic Assault
Bresnahan, 05/17/00 05/18/00 05/18/00
Michael Kent
(aka Breshahan)/
GM DAC - IPS
Abraham, Denise/ 05/30/00 - Order 05/30/00 05/30/00 05/30/00
• GM .20jw/i 2 Hrs., for Detention
GM Escape
Custody, Misd.
DWI
•
ST. ANTHONY PROSECUTION ACTIVITY
May 1, -May 31, 2000
FOSTER, WENTZELL, HEDBACK& BREVER
Steven P. Carlson
Leslie M. Witterschein
Prosecuting attorneys
2855 Anthony Lane South, Suite 201
St. Anthony, Minnesota 55418
Telephone: (612) 789-1331
COURT APPEARANCES
DEFENDANT/ CHARGES(S) and SENTENCE/DISPOSITION/COMMENTS. COURT
OFFICER DATE OF OFFENSE FILE #
BADGE NO.
Arboe, David Earl/121 Vehicle Forfeiture Hearing 05111/00; Plaintiff failed to show- proceeded by default 00025090
Bachler, Fred Arthur DWI; DWI .10 A/C or more within 2 hours; 05/02/00; Guilty to amended charge of Careless Driving; 00026184
Jr./138 03/14/00 Imposed 30 days for 1 year if no DWI; Dismissed.other
- charge; Pay $50
Beckman, Peter Van/133 DAR; Operate Uninsured MV; 03/17/00 05/02/00; Guilty to Operate Uninsured MV; Imposed 10 00034116
days and $200 fine; Stayed 10 days and $200 for 1 year if
no Same or Similar; no Insurance; no DL; Dismissed other
charge
Borchardt, Jessica Operate.Uninsured MV; Fail to Provide 05/03/00; Conditioned Agreement to Suspend Prosecution; 00032328
Ann/128 Insurance Proof within 10 days; 01/24/00 Pay $100 cost of prosecution
Brown, John Robert/136 DAC; 03/18/00 05/09/00; Set for Jury Trial on 06/07/00 00027418
Bruzer, Michael Isacc/140 Theft; 5'b Degree Assault; Disorderly 05/16/00; Guilty to 5'h Degree Assault; Imposed 30 days 99092318
Conduct; 09/01/99 and $500 fine; Stayed 28 days and $300 for 2 years if no
Same or Similar; Serve 2 days; Dismissed other charges;
Pay $200
•
Bury, Damon Michael/123 No Proof of Insurance; Speed; 03/15/00 05/16/00; Guilty to Speed; Dismissed other charge; Pay 00030797
$80 fine
Carlson, Brent Henry/119 Speed; 05/10/97 05/09/00; Conditioned Agreement to Suspend Prosecution; 00016637
Pay $50 cost of prosecution
Champeau, Joseph Fail to Obey Semaphore; Speed; 03/11/00 05/09/00; Guilty to Speed; Dismissed other charge; Pay 00034012
Henry/123 $87
Charles, Anthony Violation of Instruction Permit; 07/17/99 05/03/00; Set for Court Trial on 08/01/00 00022275
Davis/137
Cleveland, Christopher DAS; 02/26/00 05/16/00; Continued to 06/20/00 00036606
Nichol/134
Defreitas, Roberto/128 Speed; 03/10/00 05/16/00; Set for Court Trial on 08/01/00 00036667
DeMars, Guy Misd. Theft; 10/13/99 05/02/00; Guilty to Misd. Theft; Imposed 20 days; Stayed 99119889
Nathaniel/140 20 days for 1 year if no Same or Similar; no Theft Related;
Pay $50 + restitution
Dismukes, Patricia No Valid DL; 11/30/99 05/16/00; Continued to 08/15/00 00027101
Ann/140 -
Duncan, David James/116 GM DWI; GM DWI .10 A/C or more 05/16/00; Continued to 06/13/00 00041729
within 2 hours; Aggravated Driving
Violations; 04/29/00
Dunn, Peter Steven/137 No Proof of Insurance; Display Revoked 05/09/00; Conditioned Agreement to Suspend Prosecution; 00037212
Plates; 03/15/00 Dismissed other charge; Pay $100 cost of prosecution
Evans, Byron Jerome/119 DAR; Speed; 01/27/00 05/09/00; Conditioned Agreement to Suspend Prosecution; 00014907
Dismissed other charge; Pay $150 cost of prosecution
Fagin, Tyrone Fail to Obey Traffic Control Device; 05/03/00; Conditioned Agreement to Suspend Prosecution; 00030480
Howard/138 03/14/00 Pay $60 cost of prosecution
Fairfield, Paul Charles/121 Possession of small amount of Marijuana; 05/16/00; Continued to 06/20%00 00031762
02/04/00
Fesshaye, Benjamin Underage Drinking and Driving; 01/09/00 05/09/00; Guilty to Underage Drinking and Driving; 00024571
mmn/138/121 Imposed 30 days and $700 fine; Stayed 28 days and $350
for 1 year if no Insurance; no DL; Follow Rec. of P.O. RE:
treatment/counseling;Pay $125 Chemical Assessment Fee;
Serve 2 days; Pay $350
Frauly, Michael Failure to Comply with License Plate 05/02/00; Dismissed charge in exchange for plea on DAR 00022630
Joseph/122 Impoundment Order; 11/23/99
Frauly, Michael DAR; 07/15/99 05/02/00; Guilty to DAR; Imposed 10 days and $250 fine; 99052408
Joseph/121 Stayed 10 days for 1 year if no Same or Similar; Pay $250
Gaines, Toni 5h Degree Assault; 04/05/00 05/09/00; Continued to 06/13/00 00035633
Borchardt/137/116
Gerdes, Jennifer Deus/137 Fail to obtain MN registration within 60 05/16/00;No Show-Bench Warrant issued 00033597
days; Fail to obtain MN DL within 60 days;
03/23/00
Gerrits, Benjamin Ray No Proof of Insurance; Fail to Transfer 05/16/00;Conditioned Agreement to Suspend Prosecution; 00040196
Title; 04/02/00 Pay $100 cost of prosecution
Glidden, Mark GM Driving Uninsured MV; DAS; 03/12/00 05/09/00; Guilty to GM Driving Uninsured MV; Imposed 00024574
Thomas/140 365 days and $900 fine; Stayed 335 days and $800 for 2
years if no Same or Similar; no Insurance; no DL; Eligible
for Huber&EHM after 15 days; Serve 30 days; Dismissed
other charge; Pay $100
Gonnella, Elizabeth GM DWI; GM DWI .20 A/C or more 05/03/00; Guilty to GM DWI .20 A/C or more; Imposed 00039161
Marie/128 within 2 hours; Open Bottle; 04/22/00 365 days; Stayed 335 days for 3 years if no Same or
Similar;N.A.R.T.O.; no Drink/Drive; Follow Rec. of P.O.
RE: treatment/counseling; Attend AA twice weekly;
Random Chemical Testing; Credit 4 days for time served;
Serve 26 days; Dismissed other charges; Pay $50
Goodwin, Scott GM DWI; GM DWI .10 A/C or more 05/02/00; Guilty to GM DWI .10 A/C or more;Imposed 00008859
Carroll/121 within 2 hours; GM DWI .20 A/C or more 365 days and $500 fine; Stayed 275 days for 4 years in no
within 2 hours; 01/28/00 Drink/Drive; no Alcohol use; Attend Weekly AA for 2
years; Random UA; Dismissed other charges; Pay $500
Gordon, Joseph Lee/129 No Valid MN DL; 06/29/99 05/02/00; Guilty to No Valid MN DL; Imposed 10 days 00023771
And $225; Stayed 10 days for 1 year if no Same or Similar;
No DL; Pay $225
Gray, David 5'Degree Domestic Assault; 04/03/00 05/31/00; Guilty to 5'h Degree Domestic Assault; Imposed 00044610
Babatunde/138/121 90 days; Stayed 67 days for 2 years if no Same or Similar;
no Assault/Disorderly; Law Abiding; Follow Rec. RE:
treatement/counseling;Pay $50
Gray, David GM 5''Degree Domestic Assault; 05/07/00 05/31/00; Dismissed charge 00032164
Babatunde/136
Hart, Darrell Paul/136 False Information to Police; 02/19/00 05/16/00; Conditioned Agreement to Suspend Prosecution; 00027959
Pay $100 cost of prosecution
Hauser, Roy 50'Degree Assault; 01/09/00 05/17/00; Guilty to Amended Charge of Disorderly 00010175
James/142/122 Conduct; Conditions are no Same or Similar; no Contact
with Victim or Victim's mother; Follow Rec. of P.O. RE:
treatment/counseling; Attend Anger Management; Pay
$200 cost of prosecution
Hawkinson, Nicholas Underage.Drink/Drive; DAR; 03/31/00 05/09/00; Continued to 06/06/00 00039574
Charles/140
Herlofsky, Jonas School Bus Stop Arm Violation; 03/08/00 05/16/00; Continued to 06/06/00 00046047
Ryan/116
Hurley, Megan DAR; Speed; 06/09/97 05/16/00; Continued to 06/06/00 99125481
Elizabeth/134
Isik, Hakki/136 Stop Sign Violation; 01/08/00 05/03/00; Guilty to Stop Sign Violation; Pay $50 fine 00004150
Jacob, Peter Holden/140 Fail to Transfer Title within 10 days; Owner 05/02/00; Guilty to Amended Charge of Petty 00029752
allow Open Bottle; Open Bottle; Underage Misdemeanor Owner Allow Open Bottle; Imposed $200
Drink/Drive; 02/18/00 fine; Dismissed other charges; Pay $200
Kelley, Andre Tiron/137 Operate Uninsured MV; Fail to Provide 05/16/00; Continued to 06/06/00 00031971
Proof of Insurance; within 10 days;
01/09/00
Khan, Faheem Mehdi/122 DAS;No Proof of Insurance; Speed; 05/26/00; Guilty to No Proof of Insurance; Imposed 30 99081987
06/17/99 days and $50 fine; Serve 30 days; Dismissed other charges;
Pay $50
•
Khan, Faheem Mehdi/121 False Information to Police; DAS; 12/29/00 05/26/00;No Action Taken 99009825
Kirchner, Jeremy Violation of Limited DL; Careless Driving; 05/11/00; Guilty to Careless Driving; Imposed 30 days and 00041373
David/140 Open Container; 04/07/00 $500 fine; Stayed 30 days and $250 for 1 year if no
Insurance; no DL; no Careless/Reckless Driving; Dismissed
other charges; Pay $250
LaFontaine, Cloann 5h Degree Domestic Assault; GM 05/09/00; Set for Jury Trial on 07/26/00 00014708
Marie/132/113 Interference with a 911 Call; Obstructing
Legal Process; 02/13/00
Lambres, Michael DAS; 10/30/99 05/02/00; Guilty to DAS; Imposed 10 days and $100 fine; 99120366
Brian/137 Stayed 10 days and $100 for 1 year if no Same or Similar
Leland, Ann Marie/123 DAR; Speed; 01/15/00 05/02/00; Guilty to DAR; Imposed 60 days and $700 fine; 00031639
Stayed 60 days and $200 for 1 year if no DL; Dismissed
other charge; Pay $500
Lenzmeier, Christopher Display Expired Registration; Fail to 05/09/00; Guilty to Operate Uninsured MV; Imposed 90 00031217
Neal/122 Transfer Title; Operate Uninsured MV; days and $700 fine; Stayed 90 days and $350 for 1 year if
Expired DL; 11/08/99 no Insurance; no DL; no Title charges; Dismissed other
charges; Pay $350
Lessard, Bryan GM False Information to Police; 02/20/98 05/09/00; Guilty to Amended charge of Misdemeanor False 98057580
Joseph/130/121 Information to Police; Imposed 90 days and $500 fine;
Stayed 88 days and $250 for 1 year if no Same or Similar;
no Insurance; no DL; Serve 48 hours Sentence to Serve;
Dismissed other charges; Pay $250
Lessard, Bryan DAR; 03/01/98 05/09/00; Dismissed charge- See Below 98033928
Joseph/128
Llangari, Carlos Eriberto Open Bottle in MV; Display Revoked 05/16/00; Continued to 06/06/00 00042497
Lem/138 Plates; 03/29/00
Loneelk, Travis DAS; Operate Uninsured MV; Illegal Use of 05/02/00; Guilty to Illegal Use of Tabs; Imposed 60 days 00037606
Robert/121 Tabs; 03/04/00 and $200 fine; Stayed 30 days for 1 year if no Same or
Similar; no Insurance; no DL; Serve 30 days; Dismissed
other charges;Pay $200
Luseni, Michael Speed; 02/02/00 05/16/00; Continued to 06/06/00 00037140
Abubakar/122
McCurdy, Jeremy DWI; DWI A/C .10 or more within 2 hours; 05/02/00; Guilty to DWI; Imposed 30 days and $710 fine; 99120291
Michael/137 05/22/99 Stayed 28 days and $490 for 2 years if no Same or Similar;
no Insurance; no DL; Serve 30 days; Dismissed other
charges; Pay $200
Moore, James Robert/121 Operate Uninsured MV; DAR; 11/12/99 05/03/00; Conditioned Agreement to Suspend Prosecution; 99127313
Pay $100 cost of prosecution
Mormul, Tatyana/119 Speed; 02/05/00 05/03/00; Guilty to Speed; Pay $50 00013219
Mosley, Kenneth DWI; DWI .10 A/C or more within 2 hours; 05/09/00; Continued to 06/13/00 99101875
Wayne/138 GM Evade Tax; 09/04/99
Murlowski, Mitchel DAR;No Proof of Insurance; 05/08/99 05/09/00; No Action on CWOP 99057640
John/134
Orina, Bernard Speed; 02/19/00 05/16/00; Continued to 06/06/00 00040392
Ndemo/136
Peabody, Kathryn Speed; 02/05/00 05/02/00; Guilty to Speed; Pay $50 00018282
Eileen/138
Pederson, James Minor Consumption of Alcohol; Fail to 05/02/00;Dismissed charges; Pled Guilty on charges in 99088295
Michael/122 Transfer Title; Open Bottle/Owner Allow; Ramsey County
No Proof of Insurance; 08/21/99
Pederson, James Fail to Deliver Title; No Proof of Insurance; 05/02/00; Conditioned Agreement to Suspend Prosecution; 99090090
Michael/122 Illegal Possession/Use of License Plates; Pay $100 cost of prosecution
05/25/99
Peterson, George Curtis Fail to Re-register a MV; Fail to Obtain MN 05/03/00; Conditioned Agreement to Suspend Prosecution; 00019975
Martin/122 DL within 60 days; Operate Uninsured MV; Pay $100 cost of prosecution
02/17/00
Rios, Domingo Operate Uninsured MV; No Valid DL; 05/16/00; Guilty to Amended Charge of Petty 00042751
Montano/132 Failure to Transfer Title; 04/26/00 Misdemeanor no Valid DL; Dismissed other charges; Pay
$100
Robert, David Shoplifting; 03/22/99 05/16/00; Guilty to Shoplifting; Imposed 10 days and $100 99037947
Lawrence/132 fine; Serve 10 days; Pay $100 +restitution
Rosa, Karlyn GM Child Endangerment; GM DWI over 05/03/00; Guilty to GM Child Endangerment; Imposed 365 00003121
Elizabeth/128 .20 A/C within 2 hours; GM False days and $50 fine; Stayed 335 days for 1 year if no Same or
Information to Police; DAS; Open Bottle; Similar; no Insurance; no DL; Follow Rec. of P.O. RE:
01/10/00 treatment/counseling; Attend MADD Panel; Pay $125
Chemical Assessment Fee; Serve 30 days; Dismissed other
charges; Pay $50
Roy, Terrance Robert/133 Operate Uninsured MV; DAR; 03/28/00 05/16/00;No Show -Bench Warrant issued 00035416
Schintgen, Jason Speed; 04/12/00 05/16/00; Continued to 06/06/00 00043406
Michael/134
Schintz, Raymond No Insurance; DAR; Fail to Transfer Title; 05/09/00; Guilty to No Insurance; Imposed 90 days and 00036041
Lee/130/142 03/27/00 $700 fine; Stayed 90 days and $500 for 1 year if no Same
or Similar; no Insurance; no DL; Dismissed other charges;
Pay $200
Schoeller, Jay Leo/122 Leave Scene of Accident; Hit & 05/09/00; Conditioned Agreement to Suspend Prosecution; 00035913
Run/Property Damage; 12/02/99 Pay $100 cost of prosecution
Scott, Tammy Arlene/134 DAS; No Proof of Insurance; 04/29/99 05/16/00; Conditioned Agreement to Suspend Prosecution; 99037947
Pay $100 cost of prosecution
Simpson, Greggory DAS; Misuse of License Tabs; Operate 05/16/00; Continued to 06/20/00 00041038
Ricardo/133 Uninsured MV; Fail to Transfer Title;
03/14/00
Sims, Leonard DAC; Operate Uninsured MV; Display 05/16/00; Guilty to DAC; Imposed 45 days and $500 fine; 99090279
Nathaniel/136 Revoked Plates; 03/13/00 Stayed 45 days and $250 for 1 year if no Same or Similar;
Dismissed other charge; Pay $250
Sims, Leonard DAC; 07/16/99 05/16/00; Dismissed based on 03/31/00 offense 99090279
Nathaniel/122
Smith, Jesse Allen/121 DAR;No Proof of Insurance; 11/28/99 05/09/00; Guilty to DAR; Imposed 90 days; Stayed 80 days 00010176
for 1 year if no Same or Similar; no Insurance; no DL;
Serve 10 days; Dismissed other charge; Pay $50
Sporlein, Shannon DAS; 04/11/00 05/03/00; Conditioned Agreement to Suspend Prosecution; 00035267
Rae/140 Pay $100 cost of proescution
Stone, Kimberly Kay/138 Speed; 04/02/00 05/02/00;No Show-Bench Warrant issued 00033324
Strong, Anthony Reynold 3rd Degree Damage to Property; 01/28/99 05/02/00; Guilty to 3`d Degree Property Damage; Imposed 99018042
Jr/138 I DeNovo restitution
Strong, Anthony Reynold Underage Consumption of Alcohol; 05/02/00; Guilty to Underage Consumption; Imposed 10 99102359
Jr/116 05/22/99 days and $50 fine; Stayed 10 days for 1 year if no Same or
Similar;Pay $50 fine
Strong, Anthony Reynold Underage Consumption of Alcohol; 05/09/00; Guilty to Underage Consumption; Imposed 10 99108026
Jr/136 Obstructing Legal Process; 02/22/99 days and $50 fine; Stayed 10 days for 1 year if no Same or
Similar; no Property Damage;Pay $125 Chemical
Assessment Fee; Dismissed other charge; Pay $50
Strong, Anthony Reynold Underage Consumption of Alcohol; 05/09/00; Dismissed charge as Defendant pled guilty on 99102349
Jr/116 05/18/99 02/22/99 & 05/22/99 charges
Sullivan, Charles GM DWI; GM DWI .20 A/C or more 05/02/00;No Show -Bench Warrant issued 00032033
Allen/137 within 2 hours; GM Aggravated Violations;
04/01/00
Tetter, Eric/137 Operate Uninsured MV; DAS; 03/19/00 05/02/00; No Show -Bench Warrant issued 00038617
Thomas, Megeen Operate Uninsured MV; 01/27/00 05/09/00; Conditioned Agreement to Suspend Prosecution; 00014321
Kelley/137 Pay $100 cost of prosecution
Thompson, Chad GM Operate MV without Insurance; DAR; 05/03/00; Guilty to Operate MV without Insurance; 00037091
Allen/121 06/04/97 Imposed 180 days and $210 fine; Stayed 120 days for 2
years if no Same or Similar; no Insurance; no DL related
offenses; Serve 60 days; Credit 60 days for time served in
Becker County; Dismissed other charge; Pay $210
Torgersen, Nancy Display Illegal Use of Tabs of another 05/02/00; Conditioned Agreement to Suspend Prosecution; 00032639
Joel/121 person; 01/31/00 Pay $100 cost of prosecution
Voss, Shelly Marie/113 Speed;04/18/00 05/09/00; Guilty to amended charge of Unreasonable 00040439
Acceleration; 05/09/00
Wagner, Peter Underage Consumption while operating 05/09/00; Guilty to Underage Consumption while operating 00034117
Thomas/121 MV; 02/19/00 MV; Imposed 30 days and $500 fine; Stayed 30 days and
$250 for 1 year if N.A.R. T.O.; no Insurance; no DL; no
Careless/Reckless Driving; Follow Rec. of P.O. RE:
treatment/counseling; Pay $250
Watson, Willie No Proof of Insurance;No Valid DL; 05/02/00; Continued to 06/06/00 99120292
Anthony/137 10/15/99
Wreath, John William/130 DAR;No Proof of Insurance; 07/09/97 05/16/00; Conditioned Agreement to Suspend Prosecution; 00031762
Pay $200 cost of prosecution
York, Thomas No Insurance; Defective Tail light; Fail to 05/09/00; Conditioned Agreement to Suspend Prosecution; 00033319
Christopher/134/140 Transfer Title; 03/21/00 Pay $100 cost of prosecution