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HomeMy WebLinkAboutPL PACKET 01191992 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII - 101426 Box: 20 Folder: PL PACKETS 1993 Document: PL PACKET 01191992 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA January 19, 1992 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF JANUARY 19, 1993 AGENDA. IV. APPROVAL OF DECEMBER 15, 1992 MINUTES. V. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE FEBRUARY 9, 1993 CITY COUNCIL MEETING. VI. PUBLIC HEARINGS -- NONE. VII. MISCELLANEOUS. • A. SOUTH END REDEVELOPMENT REVIEW. B. ACCESSORY STRUCTURE PERMIT. C. SIGN ORDINANCE -- AMORTIZATION. D. LOT SPLIT ISSUE RESEARCH. E. PARKING SUBCOMMITTEE. - F. APPOINT CHAIR AND VICE-CHAIR. VIII. STAFF UPDATE. A. STAFF REPORT; SIGN ORDINANCE ISSUE. IX. COMMISSIONERS' COMMENTS. X. ADJOURNMENT. STAFF REPORT DATE: January 11, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: SOUTH END REDEVELOPMENT REVIEW The City's engineering consultant has provided concept drawings to show the road realignment. The realignment will cause some lots to either gain or lose some property area. The City would purchase the property from those owners losing and give property to those gaining. A letter has been sent to property owners within 300 feet of the redevelopment area informing them of this review. The review is for information so that St. Anthony residents will be aware of the proposed changes and have an opportunity for answers to any questions or concerns. • . ain tho I e Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 January 11, 1993 Dear Resident: • Attached is the proposed design for the Kenzie Terrace/Coolidge Street road improvement project. This proposal is scheduled for the Planning Commission's review and discussion at their Tuesday, January 19, 1993 meeting. The meeting begins at 7:00 P.M.. You are encouraged to attend. If you are unable to be present at that meeting, copies of the plans are available at City Hall for your review. Sincerely, Thomas D. Burt City Manager Enclosure 27TH AVE. N . E. & COOLIDGE S.4 SEE DETAIL B - o w :. ` V H 24' b 24' A - ; n 11 I ,15T If, � 1 \ f� EMST. .� 1.,Z -. , 3 - , \s�%% Pp ♦ , COST. 26' 24 VQ r - YTH SIRE ME ,f�- - - A' �•� f�f. - --- - � , , , j , , , i � � 1 %• DOST. BLDG. - i TREE • \4�JREF t2'� ♦ 24'x♦ TREE 3 34 7 THE ♦♦ \ W' /// ----------a ------------36\\ \� - ----- -------- - ---- - - ---- DETAIL A _ (f' n. Jo DATE DESCRIPTION DESIGNED "I CHECKED V ;GI RS N DRAWN EY Z GRAPHIC SCALE S Irn C. N o HORIZ. 50 27TH A 554.41 > A 55117 u" o VERT. 5, DATE NOV. 1992 SHEE - DETAIL B Ow Jo') 'o 2+, I ill �• U i"{ II In I° �sr •` -III V6 1 II 1 11 1 II 111 1 11 ' 11 I / II / I 11 I II 1 { II I . 1ST y�\ ''Sic �� pp I STAFF REPORT DATE: December 18, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: ACCESSORY STRUCTURE PERMIT BACKGROUND The City Attorney presented this idea to the Planning Commission as a method that could allow flexibility to the City, as finding hardship to allow a variance is extremely difficult. RECOMMENDATION Review the permit and provide input to staff to change the permit to St. Anthony's needs. A public hearing could be held in February, to receive input from residents. The City Council could 'act on the permit in March, in order for it to be in place in time for the building season. i Section 1xxx.01. Accessory Structure Setback Permit. Subd. 1. Permitted Structures. The following accessory structures may be located within the side setbacks and/or rear setbacks set forth in Section 1xxx.02 if a setback permit has been issued for the structure under this Section: (a) Garage which will cover an area of no more than 528 square feet and no dimension of which is greater than 24 feet. (b) Storage building or shed which will cover an area of no more than 120 feet. Subd. 2. Procedures. Application for a setback permit must be made in writing on forms provided by the Clerk and must be filed with the Clerk, together with a filing fee in the amount required under Section 1xxx.03. The application must include a survey or other drawing showing the proposed location of the structure and the structures on the property adjoining the setback in question. The application must also address the other matters to be considered by the Planning Commission and Council, as set forth in Subdivision 3 of this Section. The permit application will be considered by the Planning Commission and Council, and notice of the hearing will be given, all in the same manner as provided in Section 1xxx.04 for special use permits. After the hearing, the Council will grant or deny the permit, stating its • reasons for doing so. Subd. 3. Matters Considered. In granting or denying the setback permit, the Council will consider the proximity of the accessory structure to any structures on the adjoining property, the extent of vegetation or other screening on the subject property and the adjoining property, the effect of the structure on the light and visibility available to the adjoining property, matters of fire safety, the existing accessory structures on the adjoining property, the ability to locate accessory structures elsewhere on the subject property, and any other matters which may be relevant to the degree on encroachment into the setback which is being requested by the applicant. Subd 4. Effect of Permit. If a setback permit is granted, it will run with the title to the property for which it was granted so long as the accessory structure for which it was granted continues to exist. If that structure is destroyed or removed, the permit will automatically expire. • STAFF REPORT DATE: January 7, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: SIGN ORDINANCE -- AMORTIZATION ISSUE At the last meeting, the Planning Commission requested staff to research the concept of the useful life of a sign. Staff contacted three larger sign companies to determine if there is an industry standard or other guidelines. Staff contacted the following companies: (1) Suburban Lighting, (2) Nordquist, and (3) Leroy. A common answer was given by the three representatives from each company. The length of time a sign last depends upon the material used. Generally, a metal cabinet sign will last anywhere from ten to twenty plus years. The surface cover will usually wear out before the cabinet or become outmoded. • • STAFF REPORT DATE: January 5, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: LOT SPLIT ISSUE RESEARCH The Planning Commission requested research as to the extent of potential situations for a lot split to allow building on a undersized lot. There are literally hundreds.of examples, and to catalog all of them would not be prudent use of staff time. In addition, the following language in the newly recodified ordinance will prevent the situation from occuring. 1650.01 General Regulations, Lot Requirements. Subd. 1. Lot Size. Adjoining lots which were in common ownership on or after August 18, 1976 according to the real estate records of Hennepin or Ramsey County, Minnesota, will be deemed a single parcel if one or more of the lots is smaller than the minimum lot size required under the Zoning Code. • STAFF REPORT DATE: December 18, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: PARKING SUBCOMMITTEE At the request of the Planning Commission, I have provided a copy of the recently adopted Edina Parking Ordinance. Commissioner Gondorchin presented a checklist of issues to consider in the old ordinance. As the ordinance has been recodified (and you have a new copy), I would appreciate any input as to definitions, provisions, etc. that you need clarified. After clarification (as we all should have a common base from which to begin), establishment of the subcommittee may take place. Note: Parking provisions are located mainly in Chapter 9 and Chapter 16 (1650.05). • • City of Edina Misdemeanors and Nuisances 1046.01 Section 1046 - Parldng and Storage of Vehicles and Equipment 1046.01 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection: All Terrain Vehicle (ATV). A motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of not less than 800 cubic centimeters and total dry weight less than 600 pounds. Boat Any contrivance used or designed for navigation on water. Commercial Usage Vehicles. A. Vehicles and equipment designed or modified for use in any construction, demolition, or maintenance activity. B. Tractors. C. All trailers or towed equipment exceeding a gross vehicle weight of 1500 pounds but not including recreational vehicles or trailers used to transport boats, snowmobiles or ATVs. D. Snow removal vehicles and equipment and tree trimming vehicles and equipment. E. Earth moving vehicles and equipment. F. Trucks, vans and pickups with a manufacturer's nominal rated carrying capacity of more than three fourths ton. District A zoning district established pursuant to Section 850 of this Code. Inoperable Vehicle. A vehicle including, but not limited to, any automobile, truck, trailer, marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home, pickup camper, camping trailer, and other equipment for motorized transportation, that (i) has a missing or defective part that is necessary for the normal operation of the vehicle, or (ii) is stored on blocks, jacks, or other supports, or (iii) does not display a license, or displays a license that is 60 days or more past its required renewal date. Unmounted pickup campers or vehicles which are towed shall not be deemed inoperable vehicles if they otherwise possess all parts and are capable of normal operation and display a license that is not more than, 60 days past its required renewal date if a license is required. • Non-Conforming Parking Location. An outdoor location on the driveway of a lot 1046 - 1 City of Edina Misdemeanors and Nuisances 1046.01 in the R-1 or R-2 District which location is not within 15 feet of the street and not within five feet of a side lot line. Recreational Vehicle. A vehicle used or designed for use for temporary residential occupancy including but not limited to campers,motorhomes, mobile homes, pickup campers, camping trailers, tent trailers and travel trailers. Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. Special Purpose Trailer. A trailer having a gross vehicle weight of less than 1500 pounds. Special purpose trailers include utility trailers, and trailers used to transport boats, snowmobiles or ATVs. 1046.02 Parking or Storage of Commercial Usage Vehicles,Inoperable Vehicles and Vehicle Parts. Commercial usage vehicles, inoperable vehicles, or any, part or equipment appurtenant to any vehicle shall not be: A. Parked or stored outdoors on lots in residential districts. B. Parked or stored outdoors on lots in non-residential districts for more than 48 hours. . Provided, however, vehicles and equipment used for maintenance, repair, or construction on the premises may be parked on the premises during the period of work. 1046.03 Parking or Storage of Recreational Vehicles, Boats, ATVs, Snowmobiles, etc. Recreational vehicles, boats, ATVs, snowmobiles, special purpose trailers or other vehicles designed or used for off-road purposes may be parked or stored in a garage or lawfully erected building, or may be parked or stored outdoors as follows: . Subd. 1 Lots in the R-1 District, R-2 District, PRD-1 and PRD-2 Subdistricts. A. No more than two such vehicles, not more than one of which is a recreational vehicle, shall be parked or stored outdoors on each lot. For purposes hereof, a vehicle on a trailer shall be considered one vehicle. B. Any such vehicle parked or stored outdoors shall be owned or leased by the occupant of the premises where parked or stored. C. Any such vehicle shall not be parked or stored within five feet of an interior side lot line, within 25 feet of a rear lot line, or within the required front street setback or side street setback as defined by Section 850 of this Code. • 1046 - 2 City of Edina Misdemeanors and Nuisances 1046.04 D. Any such vehicle shall not be parked or stored closer to the buildable area for a principal building on an adjoining lot than to the principal building on the lot where parked or stored. E. Notwithstanding the requirements of paragraphs A., B., C., and D. of this Subdivision, any such vehicle may be parked on a temporary basis on a driveway within the required front street setback or side street setback subject to the following requirements: 1. Such vehicle shall not be parked for a period of time exceeding seven days. 2. Such vehicle shall not be parked within 15 feet of the travelled portion of a street and not within five feet of a side or rear lot line. It is the intent of this paragraph to permit the short term parking of such vehicles for loading or unloading purposes and to accommodate the visitors and guests of the residents of the premises. Subd. 2 Lots in All Other Residential Districts. A. Any such vehicle parked or stored outdoors shall be owned or leased by the occupant of the premises where parked or stored. B. Any such vehicle parked or stored outdoors shall be parked or stored only on hard surfaced areas. Subd. 3 Lots in Non-Residential Districts. A. Any such vehicle shall not be parked or stored outdoors for more than 48 hours. B. Any such vehicle shall be parked or stored only on areas improved as a parking area. 1046.04 Other Vehicles. Passenger automobiles and all other vehicles not regulated by Subsection 1046.02 and Subsection 1046.03 may be parked or stored in a garage or lawfully erected building, or may be parked.or stored outdoors as follows: Subd. 1 Lots in the R-1, R-2, PRD-1 and PRD-2 Districts. On the driveway but not within 15 feet of the travelled portion of the street or within five feet of a side or rear lot line. - • Subd. 2 Lots in All Other Residential Districts. On a parking area that is hard surfaced. 104673 City of Edina Misdemeanors and Nuisances 1046.05 Subd. 3 Lots in All Other Non-Residential Districts. On a parking area that is hard surfaced but not for periods exceeding 48 hours. Provided, however, vehicles may be stored for periods exceeding 48 hours on lots in the PCD-3 District as defined in Section 850 of this Code, which are used for the sale of new or used automobiles or boats. 1046.05 Variances for Recreational Vehicles, Boats, etc. Subd. 1 Variance System Established. The restrictions set out in Subsection 1045.03 are necessary for the peace, health, safety and welfare of the citizens of the City. It is recognized that there are so many kinds of recreational vehicles, boats, etc. and so many shapes and sizes of lots and land parcels within the City, that no matter what restrictions are placed upon their outdoor parking and storage, hardships will result to some owners of recreational vehicles, boats, etc. and nuisances will result to some non-owners. In an attempt to avoid such hardships and nuisances, this variance system is established. Subd. 2 Application. Any person desiring to locate a vehicle in a location not permitted by Subsection 1046.03 may file a petition for a variance with the Planner on forms provided by the Planner. The applicant shall pay a fee as set forth in Section 185 of this Code. No variances shall be given or allowed for more than the number of vehicles allowed by Subsection 1046.03. Subd. 3 Hearing and Decisions by the Board; Notice. A. Within 30 days after the Planner determines that a variance petition is complete, and all required fees and information have been received, the Zoning Board of Appeals as established by Section 850 of this Code shall conduct a public hearing and after hearing the oral and written views of all interested persons, shall make its decision at the same meeting or at a specified future meeting. Any decision granting a variance may impose conditions whicl? the Board deems necessary to ensure compliance, protect adjacent properties and promote the peace, health, safety and welfare of the citizens. B. Notice of variance hearings shall be mailed not less than ten days before the date of the hearing to the person who filed the petition for variance and to each owner of property situated wholly or partially within 200 feet of the property to which the variance relates insofar as the names and addresses of such owners can be reasonably determined by the Planner from records maintained by the Assessor. Subd. 4 Appeal. The applicant, any owners to whom notice of the hearing was given, or any member of the staff of the City, may appeal a decision of the Board • to the Council, by filing a written notice of appeal with the Clerk within ten days 1046 - 4 City of Edina Misdemeanors and Nuisances 1046.05 after the date of the decision. Subd. 5 Hearing by Council. The Council, at its next regular meeting after the appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall be given in the same manner as the hearing before the Board. At the hearing, all persons shall be heard who wish to be heard, in person or by a representative. At the hearing, or a specified future date, the Council shall make its decision. The Council's decision shall set forth its findings and reasons for granting or denying the variance, or the Council may adopt, as its own, the findings and reasons of the Board. On granting a variance, the Council may impose conditions to the same extent as the Board as set out in Subd. 3 of this Subsection. Subd. 6 Variance Order. Each variance order shall be retained on the property to which it relates and shall be displayed at the request of any City employee. Subd. 7 Variance Not Transferrable, Exception. Each variance shall be limited and restricted to the stated.person, vehicle and property location and may not be transferred to any other person, or be used for any other vehicle or property location. Provided, however, a variance may be transferred to another vehicle provided such vehicle is not longer, wider, taller or older than the vehicle for which the variance was initially granted. Subd. 8 Revocation of Variance. Each variance granted may be revoked by the City for failure of the recipient to comply fully and continually with the stated conditions or for any violation of the provisions in Subd. 7 of this Subsection. 1046.06 Non-Conforming Parking and Storage. Any recreational vehicle, boat, snowmobile, all-terrain vehicle, or special purpose trailer which was parked or stored in a non-conforming parking location prior to the effective date of this Section may continue to be so parked or stored subject to the requirements of this Subsection. Subd. 1. Standards for Parking and Storage. A. An inoperable vehicle shall not be parked or stored in a non-conforming parking location. An inoperable vehicle may be parked or stored only in those locations required by Subsection 1046.02. B. No more than one recreational vehicle, boat, snowmobile, all-terrain vehicle, or special purpose trailer shall be parked in a non-conforming parking location. C.- Any recreational vehicle, boat, snowmobile, all-terrain vehicle, or special purpose trailer parked or stored in a non-conforming parking location shall • have been owned continuously since the enactment of this Section by the occupant of the premises where parked or stored. 1046 - 5 City of Edina Misdemeanors and Nuisances 1046.06 D. The lot upon which a recreational vehicle, boat, snowmobile, all-terrain vehicle, or special purpose trailer is parked or stored in a non-conforming parking location shall have been owned or rented continuously since the enactment of this Section by the owner of the vehicle so parked or stored. Subd. 2. Proof of Ownership. Upon the request of any City employee, &.e occupant of the premises where a recreational vehicle, boat, snowmobile, all-terrain vehicle, or special purpose trailer is parked or stored in a non-conforming parking location, shall provide proof of compliance with paragraph C. and paragraph D. of Subd. 1 of this Subsection. History: Ord 1031 codified 1970, amended by Ord 1031 AI I-30-80, Sec 1045 codified 8-26-92, Ord 1992-1 adopted I1-2-92 repealed Sec 1045 Cross Reference. Sections 185, 850 • 1046 - 6 STAFF REPORT DATE: January 11, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: SIGN ORDINANCE ISSUES Commissioner Madden suggested 1400.12, Subd. 2(1) be amended to require each identification sign allowed per right-of-way frontage to face the frontage. Staff believes flexibility is needed in the language to address various situations. In addition, a more restrictive ordinance can be viewed as harassing business. The Planning Commission may make a formal recommendation to the City Council for consideration of an ordinance change. • • CITY OF ST. ANTHONY PLANNING COMMISSION BY-LAWS 1. A schedule of meeting dates shall be established and may be changed or altered at any regularly scheduled meeting. One regular meeting date is established each month on the third Tuesday at 7 : 00 P.M. in the Council Chambers. 2 . Additional meetings may be held at any time upon the call of the chair or by a majority of the voting members of the commission or upon request of the City Council following at least twenty-four hours notice to each member of the commission. 3 . The commission at its first regular meeting in January of each year shall elect a chair and vice-chair. 4. The duties and powers of the officers of the Planning Commission shall be as follows: A. Chair: (1) Preside at all meetings of the commission. (2) Call, amend, or cancel meetings of the commission in accordance with the by-laws. (3) Review agenda before scheduled meeting with staff. B. Vice-chair: During the absence, disability, or disqualification of the chair, the vice-chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair. C. Recording secretary: Appointed by the City Manager to record the proceedings of all -meetings. 5. Matters referred to the commission by the City Council shall be placed on the calendar for consideration and action at the first meeting of the commission after such reference. 6. Four members of the commission shall constitute a quorum for the transaction of business. 7. Reconsideration of any decision of the commission may be had when the interested party for such reconsideration makes a showing - satisfactory to the chair and/or City Manager - that without fault on the part of such party essential facts were not brought to the attention of the commission. 8. Roberts Rules of Order are hereby adopted for the government of the commission in all cases not otherwise provided for in these rules. These rules may be amended at any meeting by a vote of the majority of the entire membership of the commission, and City Council approval, provided five (5) days' notice has been given to each member of the commission. Planning Commission Bylaws (1/12/93) PAGE i 9. Deadline for Agenda: Deadline for filing for placement on the agenda for applications of any planning related issue shall be exactly one month prior to the meeting the applicant desires to be heard. 10. Order of Consideration of Agenda Items: • The following procedure will normally be observed; however, it may be rearranged by the chair for individual items if necessary for the expeditious conduct of business: (1) Staff presents report and makes recommendation. (2) The Planning Commission may ask questions regarding the staff presentation and report. (3) Proponents of the agenda items make presentation. (4) Any opponents make presentations. (5) Applicant makes rebuttal of any points not previously covered. (6) Planning Commission asks any questions it may have of the proponents, opponents, or staff, and then takes action. 11. Any member of the Planning Commission who shall feel that he/she has a conflict of interest on any matter that is on the Planning Commission agenda shall voluntarily excuse himself/herself, vacate his/her seat, and refrain from discussing and voting on said items as a Planning Commissioner. 12 . Each member of the Planning Commission who has knowledge of the fact that he/she will not be able to attend a scheduled meeting of the Planning Commission shall notify the City Manager at the earliest possible opportunity and, in any event, prior to 4: 30 P.M. on the date of the meeting. The City Manager shall notify the chair of the commission in the event that the projected absences will produce a lack of quorum. 13 . The chair shall be an ex officio member of all committees, with voice but no vote. 14 . The vice-chair shall succeed the chair if he/she vacates his/her office before his/her term is completed, the vice- chair to. serve the unexpired term of the vacated office. A new vice-chair shall be elected at the next regular meeting. 15. The by-laws may be amended at any meeting of the Planning Commission by a quorum of the commission, provided that notice of said proposed amendment is given to each member in writing at least two weeks prior to said meeting. In addition, any amendment to the Planning Commission by-laws must be approved by the City Council. • Planning Commission Bylaws (1/12/93) PAGE 2 1993 PLANNING COMMISSION CALENDAR • January January July S M T W T F S 12 7:00pm Council Approval/Denial for Previous P.C. S M T W T F S 1 2 Meeting 1 2 3 3 4 5 6 7 . 8 9 19 Application Deadline for Next Month's P.C. Meeting 4 5 6 7 8 9 10 10 11 12 13 14 15 16 7:00pm PLANNING COMMISSION MEETING 11 12 13 14 15 16 17 17 18 19 20 21 22 23 29 Mail Planning Commission Notice of Hearing t8 19 20 21 22 23 24 24 25 26 27 28 29 30 31 February 25 26 27 28 29 30 31 9 7:00pm Council Approval/Denial for Previous P.C. Meeting 16 Application Deadline for Next Month's P.C. Meeting February 7:00pm PLANNING COMMISSION MEETING August S M T W T F S 26 Mail Planning Commission Notice of Hearing S M T W T F S 1 2 3 4 5 6 March 1 2 3 4 5 6 7 7 8 9 10 11 12 13 9 7:00pm Council Approval/Denial for Previous P.C. 8 9 10 11 12 13 14 14 15 16 17 18 19 20 Meeting 15 16 17 18 19 20 21 21 22 23 24 25 26 27 16 Application Deadline for Next Month's P.C. Meeting 22 23 24 25 26 27 28 28 7:00pm PLANNING COMMISSION MEETING 29 30 31 April 2 Mail Planning Commission Notice of Hearing March 13 7:00pm Council Approval/Denial for Previous P.C. September S M T W T F S Meeting t 2 3 4 5 6 20 Application Deadline for Next Month's P.C. Meeting S M T W 2 3 4 7 8 9 10 tt 12 13 7:00pm PLANNING COMMISSION MEETING 5 6 7 8 9 10 ti t4 15 16 17 18 19 20 30 Mail Planning Commission Notice of Hearing 12 13 14 15 16 17 18 21 22 23 24 25 26 27 May 19 20 21 22 23 24 25 28 29 30 31 11 7:00pm Council Approval/Denial for Previous P.C. 26 27 28 29 30 Meeting 18 Application Deadline for Next Month's P.C. Meeting 7:00pm PLANNING COMMISSION MEETING April 28 Mail Planning Commission Notice of Hearing October S M T W T F S June S M T W T F S 1 2 3 8 7:00pm Council Approval/Denial for Previous P.C. 1 2 4 5 6 7 8 9 10 Meeting 3 4 5 6 7 8 9 11 12 13 14 15 16 17 15 Application Deadline for Next Month's P.C. Meeting 10 11 12 13 14 15 16 21 22 23 18 19 20 21 22 23 24 7:00pm PLANNING COMMISSION MEETING 17 4 25 26 27 28 29 30 25 26 27 28 29 30 July 31 2 Mail Planning Commission Notice of Hearing 13 7:00pm Council Approval/Denial for Previous P.C. Meeting May 20 Application Deadline for Next Month's P.C. Meeting November S M T W T F S 7:00pm PLANNING COMMISSION MEETING S M T W T F S 1 30 Mail Planning Commission Notice of Hearing t 2 3 4 5 6 2 3 4 5 6 7 8 August 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 10 7:00pm Council Approval/Denial for Previous P.C. 21 22 23 24 25 26 27 23 24 25 26 27 28 29 Meeting 30 31 17 Application Deadline for Next Month's P.C. Meeting 28 29 30 7:00pm PLANNING COMMISSION MEETING September 3 Mail Planning Commission Notice of Hearing June December 14 7:00pm. Council Approval/Denial for Previous P.C. S M T W T F S S M T W T ]18 Meeting 1 2 3 a 5 21 Application Deadline for Next Month's P.C. Meeting 1 2 6 7 8 9 t0 11 12 7:00pm PLANNING COMMISSION MEETING 5 6 7 8 9 t 13 14 15 16 17 18 19 12 13 14 15 16 / 20 21 22 23 24 25 26 October 19 20 21 22 23 227 28 29 30 1 Mail Planning Commission Notice of Hearing 26 27 28 29 30 3 12 7:00pm Council Approval/Denial for Previous P.C. Meeting 12/17/1992 1993 PLANNING COMMISSION CALENDAR • J anu ary October July S M T W T F S 19 Application Deadline for Next Month's P.C. Meeting S M T W T F S 1 2 7:00pm PLANNING COMMISSION MEETING 1 2 3 3 4 5 6 7 8 9 29 Mail Planning Commission Notice of Hearing 4 5 6 7 8 9 10 10 11 12 13 14 15 16 11 12 13 14 15 16 17 17 18 19 20 21 22 23 November 24 25 26 27 28 29 30 9 7:00pm Council Approval/Denial for Previous P.C. 18 19 20 21 22 23 .24 25 26 27 28 29 30 31 31 Meeting 16 Application Deadline for Next Month's P.C. Meeting 7:00pm PLANNING COMMISSION MEETING ry December August S M TebW a T F S 3 Mail Planning Commission Notice of Hearing S M T W T F S 1 2 3 4 5 6 14 7:00pm Council Approval/Denial for Previous P.C. 1 2 3 4 5 6 7 7 8 9 10 11 12 13 Meeting 8 9 10 11 12 13 14 14 15 16 17 18 19 20 21 Application Deadline for Next Month's P.C. Meeting 15 16 17 18 19 20 21 21 22 23 24 25 26 27 7:00pm PLANNING COMMISSION MEETING 22 23 24 25 26 27 28 31 Mail Planning Commission Notice of Hearing 29 30 31 March September S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 ,24 25 26 27 19 20 21 22 23 24 25 28 29 30 31 26 27 28 29 30 April October S M T W T F S S M T W T F S 1 2 3 1 2 4 5 6 7 8 910 3 4 5 6 7 8 9 11 12 13 14 15 16 17 10 11 12 13 14 15 16 18 19 20 -21 22 23 24 24 25 26 20 7 28 29 30 25 26 27 28 29 30 31 May November S M T W T F S S M T W T F S 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 25 26 27 28 29 21 22 23 24 25 26 27 30 31 28 29 30 June December S M T W T F S S M T W T F ]25 1 2 3 4 5 1 2 3 6 7 8 9 10 11 12 5 6 7 8 9 10 13 14 15 16 17 18 19 12 13 14 15 16 17 20 21 22 23 24 25 26 19 20 21 22 23 24 27 28 29 30 26 27 28 29 30 31 12/17/1992 STAFF REPORT DATE: January 13, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: PLANNING COMMISSIONER TERMS OF OFFICE Madden 1 year to 12/31/93 Gondorchin 1 year to 12/31/93 Franzese 2 years to 12/31/94 Werenicz 2 years to 12/31/94 Murphy 2 years to 12/31/94 Faust 3 years to 12/31/95 Thompson 3.years to 12/31/95 • December 21, 1992 Mayor Clarence J. Ranallo 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear City Councilmembers I have taken it upon my own to report to you on the activities of the St. Anthony Planning Commission for this past year. I have been on the Planning Commission for three years and I felt a synopsis of our activities would be in order and helpful to you. The number of meetings : 10 (Mar & Sep cancelled). : 2 hours 45 minutes average. length : 7 separate reports made to Council The issues consisted of: 9 Public Hearings(6-cond use,3-var) : 11 Concept Reviews : 29 Misc Items (18 once-11 reoccurring) I feel that the following items are a list of this year's • highlights and/or accomplishments. South End Redevelopment Revised Sign Ordinance Housing Maintenance Ordinance Joint City Council/Planning Commission Meeting Apache Plaza Redevelopment - Continuing Planning Commission Bylaws It must be noted that none of this could have been accomplished without the excellent work of the City Staff, plus the hard work of the entire Planning Commission and the cooperation of the City j ou il.' erely; erome O. Faust Chair, Planning Commission cc: City Council Planning Commission I CITY OF ST. ANTHONY • 2 PLANNING COMMISSION MEETING 3 December 15, 1992 4 5 61. CALL TO ORDER 7 8 The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance led by Chair Faust. 9 10 H. ROLL CALL 11 12 Commissioners present: Thompson, Gondorchin,Murphy, Faust, Werenicz and Madden. 13 Corm issioners absent: Franzese. 14 15 Staff present: Management Assistant Dave Urbia. 16 City Attorney Win. Soth (at 8:30 p.m.). 17 18 IIL APPROVAL OF NOVEMBER 17, 1992 PLANNING COMMISSION MEETING MINUTES 19 20 Motion by Murphy, seconded by Werenicz to approve the minutes for the November 17, 1992 21 Plaruung Commission meeting with the following corrections: 22 23 Page 7,line 28: Substitute "Chairperson" for "Chair". 24 Page 7, line 29: Substitute "Chair" for "Chairperson". 25 Page 7,line 30: Substitute "preferable" for "correct". 26 Page 8,line 7: Insert "not" between "and" and "favoring". 27 Page 9, line 51: Insert "Commissioner Madden announced his intention to abstain from •28 any vote taken on compensation". 29 30 Motion carried unanimously. 31 32 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO JANUARY 12, 1993 33 COUNCIL MEETING 34 35 Commissioner Murphy will represent the Plannbig Commission at the January 12, 1993 36 Council meeting which will start at 7:00 p.m. rather than 7:30 p.m. in accordance with the 37 City Ordinance change anticipated to be adopted during the December 22 Council meeting. 38 39 V. PUBI IC HEARINGS -NONE 40 41 VI. MISCELLANEOUS 42 43 A. Comprehensive Si r►Plan-James Sama and William Vogt for Stop-N-Shop.3813 44 Stinson Boulevard. 45 46 The Management Assistant confirmed that the Stop-N-Shop station and adjoining businesses 47 met the criteria for a "strip mall" which had been included in the City's new Sign Ordinance. 48 The existing signage at that location could now be reconsidered under the new category. The 49 applicants had submitted a comprehensive sign plan which included the existing tenant wall 50 signs, replacement of the gas station pylon Conoco sign custom made for that site, and the I Planning Commission Meeting 2 December 15, 1992 • 3 Page Two 4 5 6 7 construction of an illuminated ground sign to identify the mall. It was determined that the 8 larger Conoco sign in the agenda packet actually only had 206.5 square feet of sign surface 9 which was less than the 208.7 square foot sign for which the applicants had been granted a 10 variance in October, 1991. 1'1 12 The ground sign was proposed to be 128 square feet of sign surface where the new sign 13 ordinance allows 150 square feet. When questioned about what was planned for the base of 14 the sign, Mr. Vogt indicated there were 22 feet of lawn, trees, decorative rock and shrubbery 15 all around the front and both sides of the site. He said the footings for the ground sign are 16 within the planted area but the trees, shrubs and rock are in other areas. Commissioner 17 Madden pointed out that under the new ordinance the ground sign can only be five feet high 18 unless it qualifies for a height bonus which for a 128 foot sign would seem to require 192 19 square feet of qualifying landscaping around the pedestal of the sign. 20 21 The applicants indicated a willingness to work with staff to bring the signage into 22 conformance with the requirements of the ordinance. 23 24 Commissioner Madden told Mr. Vogt and Mr. Sama how gratified lie was to see their 25 operation up and thriving. However, he said lie was concerned about the profusion of 26 non-conforming signage he perceived on their property including the lottery banner on their 27 store; the signs above the four gas pwnps, and the oversized sign in the door window of what 28 was formerly Mr. Roberts Beauty Shop which advertised that business' relocation to • 29 Columbia Heights. The fact that the signs had been up for such a long time caused him to 30 doubt the sincerity of the City staff's efforts to enforce the sign ordinance,the Corrunissioner 31 indicated. He said he was especially concerned since this was the City's first efforts under the 32 new Sign Ordinance and he perceived precedents were being set which could duninish the 33 intent of the ordinance right at its start. When Mr. Urbia said he would have to refer these 34 complaints to the City Manager, Commissioner Madden indicated that to demonstrate his 35 displeasure with a lack of commitment to enforcement he intended to abstain from voting on 36 the motion of approval of the Comprehensive Sign Plan. 37 38 The applicants indicated a willingness to work with staff to bring the proposed signage into 39 conformance with the requirements of the ordinance to avoid leaving to go through a public 40 hearing on any variance from the ordinance. 41 42 Motion by Murphy, seconded by Tlompson to recommend Council approval of the 43 Comprehensive Sign Plan for the Stop-N-Shop mall on the condition that the Conoco pylon 44 sign not exceed the 208.7 square feet of sign surface for which the applicants had been granted 45 a 55 foot variance in the fall of 1991 and that landscaping around the pedestal of the ground 46 sign be provided in accordance with the requirements set forth on Page 12,Subdivision 4, 47 Subsection 1 of the Sign Ordinance dealing with strip malls. 48 49 Voting on the motion: Thompson, Condorchin,Murphy, Faust, Werenicz -Aye. 50 Madden -Abstention. 51 52 Motion cashed. • I Planning Commission Meeting • 2 December 15, 1992 3 Page'Ibme 4 5 6 7 B. Concept Review.for Lot Split to Build Single Family Home at 2612-14 37th Avenue 8 N.E. 9 10 Mr. Urbia explained that this proposal was being presented for a concept review under the 11 new policy of giving variance requests concept reviews rather than having proposals which 12 have the potential of not being approved presented as formal applications for which 13 application fees would have to be paid. 14 15 The Management Assistant pointed out that the proposal from Douglas and Nancy Tanner, 16 2206 St. Anthony Boulevard, would require three variances as well as a zoning change. He 17 said the existing lot is zoned R-2 and a change to R-1 would be necessary for the proposed 18 single family dwelling.' The City Zoning Ordinance requires an interior lot to have at least 19 9,000 square feet with a width of 75 feet where the single fainily lot the Tanners propose 20 would have only 6,500 square feet and would be only 65 feet wide. This would leave only an 21 area of 8,500 square feet around the duplex where the Ordinance requires 14,000 square feet 22 fora duplex on a corner lot. The width,requirement of 100 feet however would be met. 23 24 Mr. Urbia suggested the Commissioners determine whether the hardship required by state 25 statute could be established for the variances necessary for this lot split and also whether the 26 precedent which would be set would be appropriate. 27 028 Commissioner Murphy inquired whether staff had been able to do the requested research on 29 the number of St. Anthony lots where there is a potential for creating 65 foot lots. Mr. Urbia 30 indicated he had not been able to complete that analysis but said lie perceived the proposed lot 31 split was not the same since the lots lie was to report on for the most part involved separate 32 parcels which would be combined for tax purposes or small lots which might be combined to 33 allow for larger homes. The Coirunissioner lie was mostly interested in existing city lots 34 which are 65 feet wide to compare with the Tanner proposal. He indicated he would also be 35 concerned with creating an 8,500 square foot corner lot for a duplex. The Chair agreed, 36 pointing out that the existing lot was only 1,000 square feet larger than the 14,000 square feet 37 required for-this comer lot. 38 39 Mr. Tanner discussed the drawing he had submitted for his proposal. He indicated he 40 believed the single family home he was requesting he be allowed to build next to the duplex 41 would cosmetically fit in well with the rest of that particular neighborhood. The applicant 42 said he had understood from Larry Hamer that although the total area in his proposal might be 43 less than required by City code, the offsets would be iii line with the ordinance requirements. 44 Mr. Tanner told the Commissioners he believed there would be at least 20 feet between the 45 proposed single family structure and the house next door. There would also be at least 30 feet 46 between his daughter's home and the duplex and the required 30 foot front yard setbacks 47 would be maintained for both buildings along Harding Street. 48 • I Planning Commission Meeting 2 December 15, 1992 • 3 Page Four 4 5 6 7 Mr. Tanner said Mr. Haffner had informed him about the hardships lie would have to 8 demonstrate to get his proposal approved. He admitted the only hardship lie could cite was 9 the opportunity to increase the economic value of his property and to decrease the costs of 10 maintaining such a large lot. However, he wondered whether the fact that St. Anthony would 11 derive more taxes from the single family home might make a difference. 12 13 Conunissioner Gondorchin agreed with Commissioner Murphy that it would be helpful to 14 know the potential for redevelopment of 65 foot lots in St. Anthony before making any 15 decision on the proposed 65 foot lot resulting from the proposed lot split. He said lie had to 16 agree with Mr. Tanner's assessment of the kind of hardship involved in this proposal because 17 he perceived there had been no demonstration that this land couldn't be put to reasonable use 18 without splitting. Commissioner Madden told the Tanners lie envied their having such a 19 large, beautiful lot. He also agreed that the requirement to demonstrate hardship could 20 probably not be satisfied with their proposal. 21 22 Commissioner Madden told the Tanners he envied their having such a large beautiful lot. He 23 also agreed that the requirement to demonstrate hardship would probably not be satisfied with 24 their proposal. 25 26 Conunissioner Werenicz said he perceived that by splitting their property the Tanners would 27 only be creating two substandard lots. He said he wasn't bothered by a single family 28 residence on an interior lot as much as the fact that the resultant corner lot with a duplex on it • 29 would be so undersized as compared to the corner lots in St. Anthony which are built to code. 30 The Commissioner concluded by saying if the proposal came before the Conirmission in the 31 form of a formal application, he would have no choice but to oppose it. 32 33 Commissioner Thompson said the Tanners appeared to him to be good property owners for 34 the City and said he didn't see too much wrong with he proposal himself unless it could be a 35 case of setting a bad precedent. He said he would only sympathize with Mr.Taruier trying to 36 maintain a corner lot because he had one like it himself. 37 38 Chair Faust indicated there were good reasons involving health,welfare and safety for 39 requiring 14,000 square feet for a corner lot with a duplex which lie perceived had been 40 validated many times over the years. He also said lie would not be in favor of the split should 41 it ever come before the Commission as an application because lie couldn't see how the three 42 statutory requirements for variances could be satisfied by the proposal before the 43 Commissioners that evening. The Chair complimented the Tanners on the manner in which 44 they had maintained their property assuming that they were aware it was only good business 45 to do so. Chair Faust concluded by saying lie perceived this was another example of where 46 having concept reviews precede formal applications had proved to be the best policy. 47 • I Planning Commission Meeting • 2 December 15, 1992 3 Page Five 4 5 6 7 Mr. Tanner thanked the Commissioners for hearing him out. He said he had a full 8 understanding of what constituted a hardship before the meeting but just wanted to test 9 whether the fact the new properties would be so compatible with the neighborhood would 10 make any difference in their consideration. 11 12 The agenda was changed to delay the discussion with the City Attorney until 8:30 p.m. 13 14 D. Adoption of Revised Planning Commission Bylaws 15- 16 Chair Faust indicated he perceived all the changes in the bylaw which had been made during 17 the Commission's November 19 meeting had been incorporated into the document in the 18 agenda packet. 19 20 Motion by Madden, seconded by Murphy to adopt the City of St. Anthony Planning 21 Commission Bylaws as presented and to refer them to the City Council for adoption at their 22 January 12, 1993 meeting. 23 24 Motion carried unanimously. 25 26 V11. STAFF UPDATE 27 •28 A. Staff Report re:Reimbursement for Expenses and Other_ Issues 29 30 Mr. Urbia's November 19th memorandum answering questions asked at the November 17th 31 Commission meeting was considered and ordered filed for future reference. 32 33 The Management Assistant had recommended the Planning Commission change its start time 34 to conform with the 7:00 start time the Council will be adopting by,ordinance during their 35 December 22, 1992 meeting. 36 37 Motion by Madden, seconded by Gondorchin to change the start-tune for future Planning 38 Commission meetings to 7:00 p.rn. 39 40 Motion carried unanimously. 41 42 A discussion of how the permanent binders which had been distributed that evening could be 43 utilized preceded the Management Assistant's progress report on issues on which the - 44 Commissioners had requested further information during previous meetings. 45 46 Mr. Urbia indicated an acceptable price had been negotiated for the substandard property at 47 3112 Silver Lake Road for I-I.R.A. purchase as discussed in November. He said staff is 48 looking for a developer or a real estate firm to construct a home on the property as soon as 49 possible. The Management Assistant also reported the owner of the Clark Station on 33rd and 50 Stinson is having an environmental study done on the property anticipating possession by the 51 H.R.A. by next spring..The paycheck on these properties might not be so great but Mr. Urbia 52 said at least the City would be getting rid of blight in both areas. I Planning Commission Meeting 2 December 15, 1992 • 3 Page Six 4 5 6 7 VI. C. Discussion with City Attorney 8 9 1. Legal Definition of Hardship 10 11 Mr. Soth arrived at 8:30 p.m. and indicated he had come to shed some light on issues which 12 Comnussioners had 'indicated a need for further guidance. Copies of information from the 13 Attorney as provided the Commission.in October and November had been included in the 14 agenda packets that evening. 15 16 The City Attorney indicated what the City was trying to do with the new code was to clean up 17 the ordinance on variances to make it clearly track the state statutes governing the issuance of 18 variances. After reading aloud those provisions which established requirements for allowing 19 variances,Mr. Soth commented that it would certainly be more advantageous for city councils 20 not to have to follow those requirements so closely. He said it would give cities more 21 flexibility and opportunity for using their own discretion if those requirements weren't so 22 restrictive. However, he said there have been bills introduced in the Legislature which could 23 loosen up the procedures and make them more flexible. Unfortunately, as the law now stands 24 the City Attorney indicated St. Anthony doesn't have much discretion when it comes to 25 variances. Instead, variances can only be granted if the City makes the required findings for 26 granting them. 27 28 2. Accessory Structure Permit Options 29 30 Chair Faust told the City Attorney he anticipated the garage issue to become a very difficult 31 one for St. Anthony which has so many single garages where new housing standards call for 32 double structures. Mr. Soth reviewed the three options he had discussed in the information 33 the Commission had been provided in November, reiterating that the third, the issuance of 34 setback permits for garages was one he had come up with for another community with the 35 sane problem. He pointed out that the City could retain all the control it wanted with this 36 option since the applicant would have to meet certain criteria for a particular setback for a 37 garage without a variance. Those criteria were set forth in the materials provided in the he 38 agenda packet. The City Attorney reiterated that this was the procedure which could be 39 followed if the City wanted to review the permits before granting their. 40 41 The advantages of granting setback pen-nits versus just establishing setbacks in the ordinance 42 were explored as well as the problems with allowing front yard garages. There was also 43 discussion of whether the permit option would work instead of a specific parking ordinance. 44 Mr. Soth indicated Ire perceived it would be necessary to set up the same sort of criteria which 45 the applicant would have to meet before such a permit was issued. 46 47 Mr. Urbia commented that the ordinance to allow setback permits for garages would probably 48 remain stationary until people began wanting to add three car garages but lie perceived the 49 parking permit ordinance might generate too much business for staff to handle as people sold 50 and bought different types of recreational vehicles. It was agreed that Conunnissioners would 51 have to plan to devote a meeting without much business to determine just what criteria would 52 have to be established to address changing trends in garages and recreational vehicles. • 1 Planning Commission Meeting 2 December 15, 1992 3 Page Seven 4 5 6 7 3. Sign Ordinance—Options for Nonconforming Signs 8 9 Chair Faust told Mr. Soth he had not clearly understood some of his letters related to 10 amortization and removal of signage. Mr. Soth agreed that this was not an easy topic. He 11 indicated he.intended to talk to the Minnetonka City Attorney about Minnetonka's recent 12 ordinance dealing with phasing out buildings which are no longer in conformance with the 13 City's ordinances because he would be interested to learn whether the rezoning and 14 elimination of buildings which had been grandfathered in was really enforceable. 15 16 There was a discussion of the Naegele sign case with the City Attorney reiterating that he had 17 later come across a statute which dealt primarily with signage along state highways but which 18 might also be applicable to cities' abilities to phase out nonconforming signs. There was 19 agreement that fixture manufacturers would have to be contacted to determine the useful life 20 of signs before any effort would be made to amortize signage in St. Anthony. When Mr. Soth 21 told the Conunissioner any changes proposed that evening could still be made in the 22 recodification to be acted on by the Council at their meeting December 22, Commissioner 23 Madden raised the question about signage for establishments with two frontages. The City 24 Attorney indicated he intended to see to it that the matter was cleared up in the new ordinance. 25 26 4. Separation of Undersized Lots Held in Single Ownership 27 W8 Chair Faust told the City Attorney that the last issue on which the Commissioners wished to 29 pick his brain was how undersized lots held in single ownership would be handled. Mr. Soth 30 told humor the question had first been raised by the City Manager about a situation where there 31 were two lots that were one tax parcel. He said there is much confusion about tax parcels and 32 just because there might be two tax parcels didn't necessarily mean the lots can be separately 33 owned. He indicated the county might issue separate tax statemnents at the owners request but 34 they often contacted the City to get its approval of the issuance of multiple tax statements. 35 The City Attorney reminded the Commissioners that what really governs isn't how many tax 36 statements are issued but rather time City's subdivision ordinance. Mr. Soth said he didn't 37 think from talking to the City Manager that St. Anthony had a lot of undersized lots as 38 compared to others who have quite a few tiny lots that have cottages on them where you could 39 never build a home under St. Anthony's ordinances. The situation where people had to 40 combine two or three small lots to get a honnesite would be very difficult for St. Anthony if 41 the owners canine in for a building pen-nit and were told the area was too small and they then 42 requested a variance based on the hardship that the area wasn't big enough to build on. Mr. 43 Soth indicated the City wouldn't ever want to let undersized lots get into separate ownership. 44 45 The City Manager was requested to see if there were any situations in the City_where the 46 grandfathering of an undersized lot might present a problem and if he found some to refer 47 them to him to deal with specifically. The Attorney told the Commissioners lie perceived the 48 issue here was whether there is something the City needs to write into the ordinance to protect 49 against undersized lots being split up or would such a provision create more trouble than it 50 cured. I Planning Commission Meeting 2 December 15, 1992 3 Page Eight 4 5 6 7 Chair Faust indicated he perceived the City had a lot of 66 foot lots and he thought the 8 Commission needed to find out how marry potential problems the City might have. There was 9 a discussion of the ten foot lot behind the Clark station which the neighbors on Roosevelt had 10 bought. Mr. Soth indicated that if that lot carne into single ownership the City could have an 11 ordinance saying it can't ever be separated again. However, before going through that 12 procedure the City Attorney indicated lie would want to know whether the City really had a 13 problem because such an ordinance might only create problems for your 66 foot lot owners 14 unless you made an exception for 66 foot lots. He said he didn't think the City would want to 15 create a situation where all the owners of 66 foot lots would forever have to hold two such lots 16 together and could never separate there. The Chair indicated he perceived the Commission 17 should wait to find out whether the City had a problem and then go on from there. 18 19 Mr. Soth told the Commissioners they should have a new code to deal with before the 20 beginning of the New Year which would be in operation as soon as it is published. He said it 21 would be much easier to update than the old code. Mr. Urbia indicated the old books would 22 be replaced and every time an ordinance is passed it will all be on the computer and staff will 23 just redo that page for the Commissions to slip into their copies of the City Ordinances. 24 25 Chair Faust told Mr. Soth the Commissioners appreciated his taking the time to speak to them 26 that evening. He asked the City Attorney to feel free to let the Connrnission know if there is 27 anything he perceives they need guidance on. Mr. Soth agreed saying he perceived the 28 hardest thing for a Planning Commission or a City Council to deal with he found was getting 29 the reasons for their actions into the minutes so everybody knows why they granted or denied 30 something. He said 99 tines out of 100 it is no problem because no one bothers to check. 31 However, if somebody challenges your actions and those reasons are not ui the.minutes, 32 "we're dead in court". The Chair asked that if he ever saw where the Conmissioners could 33 improve on what they are doing, the City Attorney let there know because that way the 34 Commissioners would get in the habit of stating clearly the reasons for recornmending 35 Council action. 36 37 VUL COhOWSIONERS' COA04ENTS 38 39 Commissioner Madden asked Mr. Urbia to bring the Commission up-to-date on Cub Food 40 going into Apache. The Management Assistant indicated it was all up to Cub at this point. 41 However, he said he hoped the project could be finalized before the Legislature moves on tax 42 increment projects. Chair Faust indicated he would appreciate being alerted if it appears 43 legislation is going against tax increment financing so he and anyone else on the Commission 44 who wishes to do can lobby against any change. Mr. Urbia commented that the argument that 45 tax increment financing somehow takes away from the schools would certainly not be valid in 46 relation to Apache which is in danger of closing. 47 48 Commissioner Werenicz was concerned about the fence around the property at 37th and Silver 49 Lake Road which had gone up since the Commission had indicated its opposition to it during 50 a concept review. Mr. Urbia said the owner's wife had promised they would only go four feet 51 high in front and six feet to the rear and side which is legal and which they did. The fence 52 was the concern of several other commissioners as well. I Planning Commission Meeting 2 December 15, 1992 93 Page Nine 4 5 6 7 The Management Assistant told Commissioner Thompson the Realtor at 39th and Silver Lake 8 Road is moving to a location behind the Stop-N-Shop. The location they vacated and the 9 property where the house has been moved off are being considered for a dentist office 10 building which would utilize both properties. They City is looking at a proposal for another 11 tax increment redevelopment project proposal and the numbers so far are looking good. 12 Preliminary plans indicate parking would be no problem and the proposed building appears to 13 be very satisfactory. Mr. Urbia commented that a dentist office should be more acceptable to 14 the adjoining residential neighborhood because dentist offices usually close at night. 15 16 Chair Faust reported he had noticed on page 11 of the November 10th Council minutes that it 17 had been reported the Planning Cornnnission had held a public hearing on the 18 recommendations from the Road Task Force. Commissioner Madden agreed that the report 19 from the Task Force Chair had only been listed under Miscellaneous in the November 17 20 Planning Commission agenda. The Management Assistant concurred saying it was the first 21 chance for the pubic to hear the report but.it certainly hadn't been a formal public hearing per 22 se. 23 24 Chair Faust indicated he wanted to bring up an issue which came up during both Council and 25 Planning Conunission meetings as recorded in those minutes. He said lie was referring to 26 remarks which were reported as "off the record", admitting he had been as guilty as anyone of 27 using that ploy. The Chair observed that if the meeting were telecast there would be no way 28 of turning the camera off and he believed the secretary should not be asked to turn off the tape 9 recorder either. Chair Faust suggested it might be more appropriate to either recess or adjourn 30 the meeting for remarks which are not intended to be made public. Corrunissioner Madden 31 pointed out that he recalled the last time he had requested a recess the Chair had not granted 32 his request. He said the conversation had involved a discussion with a Sports Booster who 33 wanted to talk about improvements in the sports area of Central Park for which he had 34 requested a five minute recess. Chair Faust said he couldn't recall die incident but wanted to 35 apologize if he had turned down that request. The Chair went on to say it was his personal 36 opinion that anything said during a Corrunnission meeting should be made public. Chair Faust 37 said this had become an integrity issue for him for which he wished to chastise himself and to 38 recommend the practice be avoided. 39 40 The Commissioners were reminded that the election of officers would be held at the first 41. Commission meeting in January. The Chair then extended his wishes for a Happy New Year 42 to all present. 43. 44 Before the meeting was closed, Mr. Urbia thanked the Commissioners for bringing the lack of 45 landscaping around the Stop-N-Shop nnall sign to his attention. He indicated lie might be 46 bringing the issue of what materials could be used in this area to the Council since the newest 47 trend in recycling calls for using woodchips instead of rock which just kills anything 48 underneath. He also said he thought chips were more attractive looking than rock and pointed 49 out that using them would create a nnarket for the City's woodchips. Commissioner Madden 50 agreed that woodchips look beautiful when you first put them out but said they look terrible 51 after three or four months. He also mentioned that woodchip cover seems to encourage the 52 breeding of little bugs. The Management Assistant said he perceived the trick was to cover 53 the chips when it rained so they would decompose naturally and could be replaced. W4 Conunissioner Madden pointed out that the City Ordinance did not allow the use of 55 woodchips for landscaping around signs. The Management Assistant indicated he wanted to 56 get the Council perspective on the issue nevertheless. I Planning Commission Meeting 2 December 15, 1992 3 Page Ten 4 5 6 7 UL ADJOURNMENT 8 9 Motion by Thompson, seconded by Murphy to adjourn the meeting at 9:40 p.m. 10 11 Motion can:ied unanimously. 12 13 Respectfully submitted, 14 15 16 17 Helen Crowe, Secretary Pro Tem 1 CITY OF ST . ANTHONY REGULAR COUNCIL MEETING 4 5 DECEMBER 7 , 1992 6 7 8 9 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 10 11 The meeting was called to order at 7 : 00 p .m. by Mayor Ranallo 12 who led the Pledge of Allegiance . 13 14 15 2 . ROLL CALL 16 1,7 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth, 18 Fleming and Wagner 19 20 Staff Present : City Manager Burt , Management Assistant Urbia , 21 Public Works Director Hamer, Finance Director Roger Larsen, 22 Police Chief Johnson, Fire Chief Engstrom, Liquor Operations 23 Manager Nelson 24 25 26 3 . APPROVAL OF DECEMBER 7 , 1992 COUNCIL MEETING AGENDA Motion by Wagner , second by Fleming to approve the agenda for 9 the December 7 , 1992 Council Meeting as presented . 30 31 32 Motion carried unanimously 33 34 35 4 . APPROVAL OF NOVEMBER 24 , 1992 REGULAR COUNCIL MEETING MINUTES 36 37 Motion by Enrooth , second by Marks to approve the minutes of 38 the Regular Council Meeting of November 24 , .1992 as presented . 39 40 41 Motion carried unanimously 42 43 5 . LICENSES/PERMITS/PETITIONS 44 45 Motion by Marks , second by Enrooth to approve the contractor ' s 46 license for Viking Automatic Sprinkler . Company of St . Paul , 47 Mn . 48 49 Motion carried unanimously 50 1 REGULAR COUNCIL MEETING 0 DECEMBER 7 , 1992 PAGE 3 4 5 Commissioner Thompson was representing the Planning 6 Commission . 7 8 Commissioner Thompson reported that the Planning Commission 9 reviewed the subdivision/plat request from the C. G. Rein 10 Company regarding the Tires Plus Company located at 3800 11 Silver Lake Road . The Planning Commission recommends approval 12 of this request as it meets all of the requirements of the 13 ordinance . 14 15 Motion by Marks , second by Wagner to approve the 16 subdivision/plat approval request from the C.G . Rein Company on 17 behalf of the Tires Plus Company, 3800 Silver Lake Road , 18 recognizing that the request meets all of the requirements of 19 the ordinance . 20 21 Motion carried unanimously 22 23 24 Commissioner Thompson advised that there was an informal 25 request from the owner of the house located on the southeast 26 corner of 37th Avenue and Silver Lake Road for a fence . The request was to erect a six foot fence . The majority of the 16 Planning Commission members were opposed to this fence as it 29 would interfere with site lines for traffic and pedestrians . 30 31 Commissioner Thompson stated that the fence had already been 32 installed before the owner had received the opinion of the 33 Planning Commission . It is four feet high rather than six 34 feet . 35 36 B . Council Reports 37 38 1 . Report of Councilmember Wagner 39 40 Councilmember Wagner attended the National League of Cities 41 Conference in New Orleans . The theme of the conference was 42 cooperation and togetherness between elected bodies and 43 community organizations . He noted this included school boards 44 as well . Focus was placed on cooperatively working with common 45 problems such as crime. 46 47 Councilmember Wagner noted that the St . Anthony City Council 48 and School District #282 had already implemented some of the 49 ideas suggested at the conference in that they meet monthly to 50 discuss matters of mutual interest and concern . • 1 REGULAR COUNCIL MEETING 40 DECEMBER 7 , 1992 PAGE 3 4 5 Commissioner Thompson was representing the Planning 6 Commission . 7 8 Commissioner Thompson reported that the Planning Commission 9 reviewed the subdivision/plat request from the C. G. Rein 10 Company regarding the Tires Plus Company located at 3800 11 Silver Lake Road. The Planning Commission recommends approval 12 of this request as it meets all of the requirements of the 13 ordinance. 14 15 Motion by Marks , second by Wagner to approve the 16 subdivision/plat approval request from the C.G.Rein Company on 17 behalf of the Tires Plus Company, . 3800 Silver Lake Road , 18 recognizing that the request meets all of the requirements of 19 the ordinance . 20 21 Motion carried unanimously 22 23 24 Commissioner Thompson advised that there was an informal 25 request from the owner of the house located on the southeast 26 corner of 37th Avenue and Silver Lake Road for a fence. The 7 request was to erect a six foot fence . The majority of the Planning Commission members were opposed to this fence as it would interfere with site lines for traffic and pedestrians . 30 31 Commissioner Thompson stated that the fence had already been 32 installed before the owner had received the opinion of the 33 Planning Commission . It is four feet high rather than six 34 feet . 35 36 B . Council Reports 37 38 1 . Report of Councilmember Wagner 39 40 Councilmember Wagner attended the National League of Cities 41 Conference in New Orleans . The theme of the conference was 42 cooperation and togetherness between elected bodies and 43 community organizations . He noted this included school boards 44 as well . Focus was placed on cooperatively working with common 45 problems such as crime. 46 47 Councilmember Wagner noted that the St . Anthony City Council 4,8 and School District #282 had already implemented some of the 49 ideas suggested at the conference in that they meet monthly to 50 discuss matters of mutual interest and concern . • I REGULAR COUNCIL MEETING 2 DECEMBER 7 , 1992 • 3 PAGE 4 4 5 6 Also, surveys and focus groups had been suggested for the 7 purpose of gathering information and resident ' s opinions , 8 suggestions and comments . Councilmember Wagner referred to the 9 example of the surveys already approved by the Council . This 10 type of informational gathering has been very successful in 11 other parts of the country . 12 13 Councilmember Wagner felt the conference was very good and the 14 plenary sessions and the workshops were beneficial for local 15 elected officials . He noted that Minneapolis Mayor Don Fraser 16 was elected to the presidency of the National League of 17 Cities . The 1993 Conference will be held in Orlando and the 18 1994 Conference will be held in Minneapolis . A Mardi Gras 19 theme was used for the closing session and was quite 20 impressive . 21 22 2 . Report of Councilmember Fleming 23 24 Councilmember Fleming represented Mayor Ranallo at the recent 25 St . Anthony Shopping Center Merchants Association meeting . On 26 the 18th of December the Merchants Association is sponsoring 27 sleighrides . There will be two sleighs and interested people 28 can meet at the travel agency at 6 : 00 p.m. • 29 30 3 . Report of Councilmember Marks 31 32 Councilmember Marks indicated he intends to attend the 33 National League of Cities Congressional Conference in 34 Washington , D.C. , in March . Councilmember Fleming will also be 35 attending. 36 37 4 . Report of Councilmember Enrooth 38 39 Councilmember Enrooth had nothing to report at this time. 40 41 5 . Report of Mayor Ranallo 42 43 Mayor Ranallo had polled members of the Council regarding 44 hosting a pancake breakfast for city employees . This will be 45 held either on December 17th or 18th from 7 : 00 a .m. until 9 : 00 46 a .m. Councilmembers will serve the breakfast . ' 47 48 The City Manager ' s evaluation was done by the Mayor and 49 Councilmember Marks . The Mayor felt it went very well . 50 • 1 REGULAR. COUNCIL MEETING 40 DECEMBER 7 , 1992 PAGE 5 4 5 6 7 C. City Manager ' s Report 8 9 The City Manager advised that Dave Urbia has made arrangements 10 with various haulers who are licensed in the City to dispose 11 of Christmas trees . He contacted all of them and one will 12 charge a small fee and the two others will remove them at no 13 cost . Urbia will put together a press release for resident 14 information . 15 16 Councilmember Fleming noted that BFI advises its patrons of 17 this service with a flyer . 18 19 Mayor Ranallo stated that he had taped a cable program with 20 the assistance of Urbia . It will air twice during the week . It 21 had been suggested that this "Mayor ' s Report" be done live and 22 have a call in feature for residents . The Mayor is still 23 thinking about this format . 24 25 26 8 . NEW BUSINESS 27 0 A. Award of Bids for Lowry Grove Water Improvement Project 30 Maier Stewart and Associates had reviewed the three bids 31 received for the Lowry Grove Improvement Projects . In their 32 letter of December 1 , 1992 , the reputation and experience of 33 the low bidder was addressed . Maier Stewart ' s project engineer 34 recommended the low bidder noting that the firm was a 35 reputable contractor . 36 37 The City Manager stated that 1000 of the costs of this project 38 will be paid for by Federal Cartrage . The project can be 39 started immediately . He noted there is evidence of growing 40 contamination and commmencement of the project is urgent . 41 Congressman Sabo was very instrumental in obtaining the funds 42 for this project . 43 44 The location of the watermain was described by the City 45 Manager . He noted it will be an eight inch main . It will be 46 given back to the City by the trailer court owner for the sum 47 of $1 . 00 . The Mayor noted it could have been an assessable 48 project if it had been done thirty years ago . 49 50 • I REGULAR COUNCIL MEETING 2 DECEMBER 7 , 1992 • 3 PAGE 6 4 5 6 Motion by Marks , second by Enrooth to award the bid for the 7 Lowry Grove water system improvement project. to F.M. Frattlone 8 in the amount of $109, 026 . 00 . 9 10 Motion carried unanimously 11 12 13 9 . UNFINISHED BUSINESS 14 15 A. Ordinance No 1992-001 , Re : Adoption of a New City Code 16 ( Second Reading) 17 18 Motion by Marks , second by Wagner to approve the second 19 reading of Ordinance No. 1992-001 , being an ordinance 20 codifying the general ordinances of the City of St . Anthony, 21 Minnesota ; adopting a new city code; and repealing certain 22 ordinances . 23 24 Motion carried unanimously 25 26 RECESS 27 28 Motion by Marks , second by Enrooth to take a recess at 7 : 21 29 p.m. 30 31 Motion carried unanimously 32 33 RECONVENE 34 35 The meeting was reconvened at 7 : 30 p .m. The recess had been 36 taken to accommodate the 7 : 30 starting time of the Public 37 Hearing regarding the City ' s tax levy and 1993 budget . 38 39 10 . PUBLIC HEARING 40 41 A. Consideration of City ' s Tax Levy and 1993 Budget 42 (Resolution No. 92-055) 43 44 The Public Hearing was called to order at 7 : 30 p .m. 45 46 The entire Council was in attendance as were the City Manager, 47 the Management Assistant and all of the department heads . 48 Twelve residents/property owners were also at the public 49 hearing. 50 I REGULAR COUNCIL MEETING 0 DECEMBER 7 , 1992 PAGE 7 4 5 6 Mayor Ranallo thanked all of the residents and property owners 7 for coming to the public hearing . 8 9 The Mayor explained the budget process . He advised that the 10 process started in August . The City Manager meets with all of 11 the department heads individually . These employees present 12 their department budgets and a preliminary budget is drafted 13 for presentation to the Council . Each Councilmember also meets 14 individually with the City Manager to present their views , 15 comments , perspectives and possible changes to the budget . 16 17 At the September 8th Council Meeting, a resolution was 18 considered which set the proposed 1993 tax levy . This 19 resolution was approved . 20 21 On September 15th the city certifies the 1993 proposed levy to 22 the auditor . 23 24 On October 13th an informational meeting was held where the 25 City Manager presented the budget to the City Council . This 26 meeting was a "Truth In Taxation" hearing which is required by law. -Residents and property owners were encouraged to attend this 30 hearing to state their comments , concerns or suggestions 31 regarding the proposed budget . The date of this hearing had 32 been published in the local newspapers and public input was 33 solicited . 34 35 The Mayor advised that several changes were made to the 36 original draft of the levy and the third draft was presented 37 to the City Council at its November 2nd meeting. The changes 38 incorporated information presented by individual 39 councilmembers as well as that suggested by property owners at 40 the hearing on October 13th . 41 42 Mayor Ranallo stated that a continued budget public hearing 43 could be held on December 14th if the budget resolution is not 44 approved at this meeting. The City Manager , observed that it 45 could be passed tonight if it is accepted as presented. 46 47 The Mayor noted that there has been a two million dollar 48 decrease in the market value of property in St . Anthony . There 49 also has been a change by the Legislature in the classes for 50 tax rates of property . • 1 REGULAR COUNCIL MEETING 2 DECEMBER 7 , 1992 3 PAGE 8 4 5 He said there was a one and one half million dollar decrease 6 in one commercial property in the City . In July , the State 7 mandated that municipalities pay sales tax on all of its 8 taxable purchases and decreased the amount of Local Government 9 Aid the City was to receive as well . 10 11 The Mayor recalled that the 1992 budget was a "stand in place" 12 budget and there was no increase. 13 14 He cautioned those present that the discussion was to focus on 15 the budget and not on property values at this meeting. 16 Frequently, the distinction is not made between the two. 17 18 With the use of overhead graphs , the City Manager reviewed the 19 budget by departmental expenditures and revenues as proposed 20 for 1993 . The proposed increase for St . Anthony is 4 . 9% . 21 22 The City Manager advised that the property values decreased in 23 the City because of the new two tier tax structure. Market 24 rate changes have impacted the City and the City has no 25 control over this . He corrected the market value decrease in 26 St . Anthony to five million dollars rather than two million 27 dollars . 28 29 Burt noted that many commercial and industrial properties had 30 decreased in value as well as residential . The residential 31 values fell approximately two and one half million dollars . He 32 also advised that some of the City' s Local Government Aid had 33 been taker, away and used to balance the State ' s budget . St . 34 Anthony was one of three cities who had its aid reduced in 35 1992 . 36 37 It was the observation of the City Manager that some of the 38 City ' s equipment is wearing out and can no longer have costly 39 maintenance or replacement deferred . 40 41 The Mayor invited residents and property owners in attendance 42 to address their concerns and questions to the Council or to 43 staff members present . 44 45 Scott Waldemar felt the comparison between Maple Grove and St . 46 Anthony which the City Manager made could not be accurate . He 47 cited the larger population and industrial tax base enjoyed by 48 Maple Grove.- The City Manager responded that the impact of the 49 new market values placed on property has affected all 50 municipalities . • 1 REGULAR COUNCIL MEETING DECEMBER 7 , 1992 PAGE 9 4 5 6 Mr . Waldemar inquired if the City shares services. and 7 equipment with other cities . The City Manager advised this has 8 been done for quite some time and cost savings have been 9 realized . He did feel that some sharing of services and 10 personnel may be shortsighted and gave the example of 11 consolidating police services with Ramsey County . He noted 12 that the response time would be considerably- longer and many 13 items would be prioritized by Ramsey County and may not 14 receive immediate attention as they do now with the St . 15 Anthony Police Department . He noted that dispatching of 16 emergency calls is done by Hennepin County at the present 17 time . 18 19 Mr . Waldeman questioned whether the levy increase was applied 20 to all types of properties . The City Manager responded that it 21 was and the taxes applied to commercial and industrial 22 properties are much higher than those on residential 23 properties . He noted that 1993 rate on commercial and 24 industrial properties has been decreased and the difference 25 will be picked up by residential property owners . 26 Charlotte Olson inquired if the state requirements affect the City ' s costs and if they were as restrictive as i.t sounds . 29 Burt responded that eighty percent of the City ' s paperwork is 30 requested by the State. He cited the Police Department ' s 31 paperwork as an example and the $4 . 00 for the water testing. 32 33 He also noted that the City has no control over the Local 34 Government Aid nor the formula used to compute it . Last year 35 a Local Government Trust Fund was established which would be 36 funded by two cents from every six and one half cent sales tax 37 collected . The State raided this fund . The -issue of handling 38 these funds has not been constitutionally mandated as to how 39 to return these funds to cities or property owners . It has 40 been suggested that this question be put on a ballot for all 41 of the State ' s taxpayers to vote on . 42 43 The City Manager acknowledged that there should be a property 44 tax reform in Minnesota . He observed that the State ' s taxes 45 are not very high compared to those of Wisconsin . Residential 46 property taxes have been artificially low and have been that 47 way for some years . 48 49 Mayor Ranallo chaired the Fiscal Disparities Committee for the 50 League of Minnesota Cities . He stated that all city officials I REGULAR COUNCIL MEETING 2 DECEMBER 7 , 1992 3 PAGE 10 4 5 6 agree that property tax reform is needed but do not agree on 7 how to accomplish this . He also recommended that residents of 8 the City contact their legislators and advise them of their 9 feelings regarding property taxes . Twenty five percent of the 10 City ' s population is over sixty five years of age . The Mayor 11 felt this population reflects a number of people who are 12 living on fixed incomes and find it difficult to pay increased 13 taxes . 14 15 George Thompson, 3015 39th Avenue, is of the opinion that the 16 dollars spent on City services i.s money well spent . He 17 particularly felt that the Public Works Department does a very 18 good job. 19 20 Jerry Kramarczuk , 3920 Macalaster , had a couple of problems he 21 wished to discuss . He noted that a portion of his taxes are 22 used by the School District . His daughter has been 23 experiencing some difficulties at school and has not been 24 attending. Staff advised him this was a school problem and 25 should be addressed by school staff . He responded this has 26 been done and there has been no satisfactory resolution . 27 28 Mr . Kramarczuk also advised that his property value has 29 decreased yet his taxes have risen 17 . 6 percent . He has felt 30 the value on his home has been too high for some time . The 31 City Manager suggested this is an item which should be 32 addressed at a Board of Review. 33 34 The Kramarczuk home is located in Ramsey County . There are no 35 local boards of review held for Ramsey County properties . The 36 City Manager advised Mr . Kramarczuk to make an appointment 37 with the Ramsey County Assessor regarding his market value . 38 39 Mayor Ranallo requested the City Manager to contact Mr . 40 Kramarczuk on Tuesday with the phone number of the Ramsey 41 County Assessor . He also advised Mr . Kramarczuk to contact the 42 City Manager i.f he receives no satisfaction from the Assessor . 43 Mr . Kramarczuk is of the opinion that his value_ has been too 44 high for the last ten years . 45 46 Ivar Slettemoen requested the Council to re-examine the 47 proposed budget to find dollars to cut . He noted that the 48 population is aging, there are many lay-offs and some loss of 49 employment . 50 REGULAR COUNCIL MEETING DECEMBER 7 , 1992 PAGE 11 4 5 6 The Mayor inquired if he had any suggestions or insight as to 7 how the budget could be reduced . Mr . Slettemoen questioned the 8 need for salary increases for City staff . The Mayor advised 9 him that two of the City ' s unions have binding arbitration and 10 one does not . Two and one half percent raises are being 11 offered to union members . Councilmember Marks also reviewed 12 some of the joint powers agreements the City has with other 13 cities and counties . He noted these agreements save the City 14 considerable money with shared equipment and employee 15 services . 16 17 Referring to the proposals for deferring road and sewer 18 maintenance, Scott Waldemar expressed some concern that these 19 items may require more costly repair or replacement in the 20 future . 21 22 The City Manager advised that the Pavement Management Study 23 and the Road Maintenance Task Force have drafted proposals for 24 maintenance and repair . These ten year studies were approved 25 by the City Council . Fifty percent of the costs will be 26 assessed to benefitted properties and the other fifty percent of the costs wi 1 1 be taken from equipment reserve funds. There is a five year replacement plan in place for equipment . 29 Certificates of Indebtedness can also be issued for this 30 purpose . 31 32 Mr . Waldemar also inquired what the income from the cable 33 franchise is used for . The City Manager responded that there 34 are ten cities which participate in the cable commission 35 activities . There are some costs associated with cable 36 productions . He also noted that the franchise fees may 37 decrease if subscriptions are cancelled . 38 39 The Mayor advised Mr . Waldemar that there will be neighborhood 40 meetings for those residents whose streets will be considered. 41 for repair or replacement and are assessable projects . These 42 meetings will not be held during the winter months as so many 43 residents are not in town . 44 45 Motion by Marks , second by Enrooth to close the public hearing 46 at 9: 35 p .m. 47 48 Motion carried unanimously 49 50 I REGULAR COUNCIL MEETING 2 DECEMBER 7 , 1992 3 PAGE 12 4 5 6. The' City Manager advised the Council and the residents where 7 copies of the budget will be located for public review. 8 9 Mayor Ranallo thanked the residents for attending the public 10 hearing. He also - expressed the Council ' s gratitude to the 11 staff and department heads for their participation in making 12 -this a very workable budget . He stated the Council ' s position 13 in not wanting to cut city services yet have only a modest 14 increase in the budget . 15 16 The Mayor suggested that budget deliberations begin earlier 17 next year . 18 19 Motion by Marks , second by Wagner to approve Resolution No . 20 92-055 being a resolution certifying the City of St . Anthony 21 tax levy and 1993 budget in compliance with the Truth in 22 Taxation Act . 23 24 Motion carried unanimously 25 26 11 . ADJOURNMENT 27 28 Motion by Enrooth , second by Marks to adjourn the meeting at 29 9 : 40 p .m. 30 31 Motion carried unanimously 32 33 34 35 36 Respectfully submitted, 37 38 39 40 Jo-Anne Student , Council Secretary 41 42 43 44 45 Mayor Clarence Ranallo 46 47 48 ATTEST: 49 City Clerk 50 • CITY OF ST . ANTHONY 3 REGULAR COUNCIL MEETING 4 5 DECEMBER 22 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p .m. by Mayor Ranallo 11 who led the Pledge of Allegiance . 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo and Councilmembers Marks , 17 Enrooth, Fleming and Wagner . 18 19 Staff Present : _ City Manager Burt , City Attorney Soth, 20 Management Assistant Urbia and Police Chief Engstrom. 21 22 23 3 . APPROVAL OF DECEMBER 22 , 1992 COUNCIL MEETING AGENDA 24 25 Motion by Marks , second by Enrooth to approve the agenda for 0 the December 22 , 1992 Council Meeting with the addition of five items to the City Manager ' s Report . 28 29 30 Motion carried unanimously 31 32 33 34 4 . APPROVAL OF MINUTES OF THE DECEMBER 7 , 1992 COUNCIL MEETING 35 36 Motion by Fleming, second by Wagner to approve the minutes of 37 the December 7 , 1992 Council Meeting with the following 38 correction : 39 40 page 11 , line 27 : Delete the word "equipment" and replace with 41 "Road Reconstruction 42 43 Motion carried unanimously 44 45 46 5 . LICENSES/PERMITS/PETITIONS 47 48 Motion by Enrooth, second by Wagner to approve the heating 49 license applications for the following companies : 50 • 1 REGULAR COUNCIL MEETING • 2 DECEMBER 22 , 1992 3 PAGE 2 4 5 6 Delmar Furnace Exchange , Inc . of Brooklyn Park, Mn . 7 8 Bloomington Heating and Air Conditioning, Inc . of 9 Bloomington , Mn . 10 11 Boehm Heating Company of St . Paul , Mn . 12 13 14 Motion carried unanimously 15 16 17 6 . PRESENTATION OF CLAIMS 18 19 Motion by Marks , second by Enrooth to approve the following 20 claims : 21 22 23 A_ Maier Stewart & Associates in the amount of $117 . 82 for 24 engineering services rendered from October 25 , 1992 25 through November 28 , 1992 regarding M. S..A. S . reporting. 26 27 28 B Maier Stewart & Associates in the amount of $841 . 37 for 29 engineering services rendered from October 25, 1992 3.0 through November 28 , 1992 regarding the Lowry Grove 31 watermain improvements easement descriptions . 32 33 34 C Maier Stewart & Associates in the amount of $4 , 284 . 83 for 35 engineering services rendered from October 25 , 1992 3-6 through November 28 , 1992 regarding the Lowry Grove 37 watermain improvements preparation of plans and 38 specifications . 39 40 41 D Maier Stewart & Associates in the amount of $4 , 122 . 77 for 42 engineering , services rendered from October 25, 1992 43 through November 28 , 1992 regarding the water system 44 improvements construction administration . 45 46 47 E Julee Quarve-Peterson in the amount of $1 , 652 . 49 for 48 partial fees. due for the handicap accessibility audit for 49 the City. 50 • • REGULAR COUNCIL MEETING 2 DECEMBER 22 , 1992 3 PAGE 3 4 5 6 7 The City Manager advised that Ms . Quarve-Peterson will 8 make a presentation to the Council regarding recommended 9 actions and a plan for the handicap accessibility items 10 for the City. 11 12 F Seven pages of certified claims as submitted by the 13 City ' s Finance Director . 14 15 16 Motion carried unanimously 17 18 19 7 . REPORTS 20 21 A. Council Reports 22 23 24 1 . Report of Councilmember Wagner 25 Councilmember Wagner had nothing to report at this time. 28 2 . Report of Councilmember Fleming 29 30 Councilmember Fleming noticed that the signals on 37th 31 and Stinson Boulevard have been activated. The City 32 Manager advised that there is one utility pole located in 33 an odd spot and it will have to be moved . 34 35 3 . Report of Councilmember Marks 36 37 Councilmember Marks distributed copies of a faxed holiday 38 greeting message received from the Salon Viesti 39 Children ' s Sports Club in Salo, Finland. The message also 40 thanked all of those who participated in hosting of the 4.1 visiting delegation from Salo last summer . 42 43 Councilmember Marks thanked Councilmember Wagner for all 44 of his efforts for the holiday breakfast . 45 46 4 . Report of Councilmember Enrooth 47 48 Councilmember Enrooth added his thanks to Councilmember 49 Wagner for the successful and well organized holiday 50 breakfast . • 1 REGULAR COUNCIL MEETING • 2 DECEMBER 22 , 1992 3 PAGE 4 4 5 6 5 . Report of Mayor Ranallo 7 8 The Mayor reported that the St . Anthony Shopping Center 9 merchants were very pleased with the participation in the 10 sleighrides they sponsored . They have stated their 11 intention to hold this event annually . 12 13 Mayor Ranallo noted that the activities of "Santa Claus" 14 on the fire truck in the Village was very well received . 15 He has gotten only two calls which expressed concern 16 regarding this activity. He requested the participants 17 be thanked by a letter . 18 19 20 B. Report of the City Manacier 21 22 23 1 . Update on CUB Store Project 24 25 The City Manager advised that the CUB Store project is on 26 track timewise . There will be 10 , 000 square feet allotted 27 for the City ' s liquor store operation . Barr Engineering 28 has been hired to draft a storm water plan . Dennis 29 Cavanaugh, of the C . G . Rein Company, has been actively 30 participating in the progress of the project . The City 31 Manager also advised that the Municipal County 32 Association will be attempting to stop any tax increment 33 financing in the future. 34 35 36 2 . Potential Buildina of a Dentist ' s Office 37 38 A dentist has expressed an interest in locating in the 39 area of 39th Avenue and Silver Lake Road . The building 40 will be residential in nature and will meet all of the 41 zoning requirements . The dentist has submitted a check to 42 protect his interest . This structure will either be in a 43 separate tax increment district or be combined with 44 Apache Plaza District . A write down for the land costs is 45 being asked in the amount of $125 , 000 . The bond counsel 46 services for this venture will be rendered by the Holmes 47 & Graven law firm. 48 49 50 • • REGULAR COUNCIL MEETING 2 DECEMBER 22 , 1992 3 PAGE 5 4 5 3 . Roadway Plans 6 7 The City Manager advised that plans are presently being 8 drafted for the roadway at 29th Avenue and Coolidge . He 9 noted that some land will need to be purchased to 10 accommodate the required right-of-way for this roadway . 11 12 There will also be a need to purchase some other land on 13 the opposite side of the road. These two purchases will 14 have to be made from private property owners . 15 16 Approximately twenty to twenty four feet is needed and 17 appraisals will be done of the two areas . Any trees which 18 will be taken with these acquisitions will be replaced . 19 20 The City Manager and the Public Works Director will meet 21 with the two property owners to explain the plan and 22 advise of the need for appraisals . 23 24 The berm which has been requested by one of these 25 property owners will be built as promised. This berm will leave only one access to the Bona service station , but Mr . Bona will gain some property. 28 29 Motion by Enrooth, second by Wagner to direct the City 30 Manager to meet with the two property owners and to get 31 appraisals for the needed land . 32 33 Motion carried unanimously 34 35 3'6 4 . Joint Meeting 37 38 On January 12 , 1993 a joint meeting between the City 39 Council and the School Board is scheduled for 6 : 00 p.m. 40 This meeting will preceed the Regular Council Meeting at 41 7 : 00 p .m. 42 43 44 5 . _City Manaaer ' s 1993 Waae Increase 45 46 Motion by Marks , second by Enrooth to approve Resolution 47 No . 92-058 being a resolution authorizing the employment 48 and 1993 salary of Thomas D. Burt , St .. Anthony City 49 Manager. 50 Motion carried unanimously • 1 REGULAR COUNCIL MEETING • 2 DECEMBER 22 , 1992 3 PAGE 6 4 5 6 7 6 . Police Department Annual Report 8 9 Copies of the 1990-1991 Annual Police Report were 10 distributed to the City Council . 11 12 Chief Engstrom commented that the decrease in property 13 crimes is due to the fact that the youth population in 14 the City is decreasing. He also noted that the business 15 climate is changing. The drop in criminal activity 16 started in the early 80 ' s but the Chief felt this 17 activity would be going up again as criminal activity in 18 all first-ring suburbs is increasing. 19 20 It has been observed that many residents are applying for 21 permits to buy handguns . The Chief speculated that the 22 purpose of these guns is for domicile protection rather 23 than to be carried on the person. 24 25 Chief Engstrom observed that the department has a very 26 youthful staff with eighty percent of the officers having 27 under ten years of service. He feels the department is 28 very well served by these officers and has an excellent 29 future. 30 31 Narcotics appears to be the basis for most of the 32 burglary crimes in the City. There are several local drug 33 dealers and many opportunities for this type of activity 34 are presented with the location of two shopping centers 35 in the City. There have been several drug deal arrests S6 and some of them have been quite profitable for the City 37 as revenue sources . Some officer training and equipment 38 has been paid for from the money realized from the drug 39 arrests . 40 41 To date, the Chief has observed there have been an 42 increase in assaults , burglaries and narcotics 43 activities . Domestic calls have decreased from 1990 to 44 1991 . The Chief advised there has been a very acceptable 45 clearance rate for crimes . Discussion continued regarding 46 the D.A.R. E. Program and the Fire Arms Safety Program. 47 The Chief noted that Police Reserves are trained on the 48 use of weapons. 49 50 • 4? REGULAR COUNCIL MEETING DECEMBER 22 , 1992 3 PAGE 7 4 5 Mayor Ranallo stated he is very impressed with the amount 6 of hours put in by the Police Reserves . He noted they 7 receive no compensation nor recognition . The Mayor 8 suggested that the provision of better vehicles and a 9 scholarship program be investigated for the Police 10 Reserves for the use of the income received from pull tab 11 profits . 12 13 Councilmember Marks inquired if a trend is being noted 14 with the increase in _ DWI ' s . The Chief stated a decrease 15 is expected . 16 17 In 1994 , another officer will be receiving training in 18 the D.A.R. E. Program. The Chief felt this is a stressful 19 position in that after the duties of the D.A. R. E. Officer 20 are completed in the schools he also has to serve on the 21 streets . 22 23 The Mayor expressed his appreciation for the regular 24 reports from the Police Department to Councilmembers . 25 0 8 . PUBLIC HEARINGS 28 29 A. Ordinance No . 1992-011 , Re : City Ordinances Codification 30 (Third Reading) 31 32 The public hearing for Ordinance No. 1992-011 was opened at 33 8 : 35 p.m. No one was present for the public hearing. 34 35 Motion by Wagner , second by Fleming to close the public 3,6 hearing at 8 : 40 p .m. 37 38 The City Manager advised that one property owner had come to 39 City Hall to view Ordinance No . 92-011 . The property owner 40 made no comments after he reviewed the ordinance . The City 41 Manager felt this person was really interested in viewing the 42 Housing Maintenance Ordinance although he did not state this . 43 44 Motion by Marks , second by Enrooth to approve the third 45 reading and passage of Ordinance No.. 1992-011 being an 46 ordinance codifying the general ordinances of the City of St . 47 Anthony, Minnesota ; adopting a new city code; and repealing 48 certain ordinances . 49 50 Motion carried unanimously • 1 REGULAR COUNCIL MEETING • 2 DECEMBER 22 , 1992 3 PAGE 8 4 5 6 7 9 . NEW BUSINESS 8 9 A. Bid Approvals/Awards_ 10 11 1 . Hydrauli.c Hammer 12 13 The Mayor observed that the equipment in the low bid was 14 a "demo. " The City Manager advised that the Public Works 15 Director is confident this piece of equipment will be 16 satisfactory. He also advised that low bid not need to be 17 taken for any purchase up to $25, 000 . 18 19 Councilmember Enrooth observed that the bids had a wide 20 spread for their trade-in allowance. The City Manager had 21 no explanation for this but credited it to the methods 22 used for mark ups and discounts by the bidders . 23 24 Motion by Marks, second by Wagner to approve the low bid 25 of $8 , 352 . 00 plus tax from Long Lake for the purchase of 26 a Model S25 hydraulic hammer . 27 28 29 Motion carried unanimously 30 31 32 2 . Lowry Grove Improvements - Well Capping 33 34 Federal Cartrage had requested the City seek bids to cap 35 the existing well located near Lowry Grove Trailer Court . 36 The City will receive 100% compensation for this work . 37 38 Motion by Enrooth, second by Marks to approve the bid in 39 the amount of $5 , 480 . 00 to Water Products for capping the 40 well in the Lowry Grove Improvement Project . 41 42 43 Motion carried unanimously 44 45 46 The City Manager advised that the Keys Company trucks are 47 located at the wells on Rankin Road and near Rosie' s 48 Restaurant . The work on Rankin Road will be completed in 49 about one month. The City Manager will send a letter to 50 residents in the area advising them of this timeline. REGULAR COUNCIL MEETING 2 DECEMBER 22 ,- 1992 3 PAGE 9 4 5 6 7 The well work in the area of Rosie ' s Restaurant will be 8 completed in approximately one week . 9 10 B. Lowry Grove Improvements - Chancre Order #1 11 12 Water contamination has been detected at the Lowry Grove 13 Trailer Court . The owner of the trailer court had 14 petitioned for replacement of the watermain . This project 15 is very costly. The trailer court owner retained the 16 services of Briggs and Morgan to petition Federal 17 Cartrage to do the work and pay for it . 18 19 The City Manager advised that the City can do this much 20 quicker and will be compensated by Federal Cartrage . This 21 work will benefit the City as well as the trailer court 22 in that a loop can be added and the water can be kept 23 flowing. 24 5 The first time this project was bid, the bids came back very high . Bids received at the second bidding were considerably lower . Phase I has commenced . 28 29 Some discolored water had been noticed but it will 30 eventually subside . 31 32 Phase II will go west to Stinson Boulevard onto 27th 33 Avenue. Some of the main will go under the sidewalk which 34 belongs to the Park Board . Permission has been requested 35 from the Park Board to go under its sidewalk but no 36 response has been received . There will be a need for an 37 easement to go onto one property owner ' s land to install 38 the pipe. This easement will be negotiated . The pipes 39 will belong to the owner of the trailer court but will be 40 given to the City by him and maintained by the City . 41 42 The City Manager advised that the water for the trailer 43 court will be supplied by St . Anthony rather than 44 Minneapolis as in the past . This change will realize 45 three hundred additional customers in the peak time for 46 the City and one hundred and fifty new customers in the 47 off time. 48 49 50 • 1 REGULAR COUNCIL MEETING 2 DECEMBER 22 , 1992 3 PAGE 10 4 5 6 7 Motion by Marks , second by Wagner to approve Change Order 8 #1 for the Lowry Grove Improvement Project to install a 9 new waterline to the main line . 10 11 Motion carried unanimously 12 13 C. Resolution No 92-056, Re: Projected Use of Community 14 Development Block Grant (CDBG) Funds 15 16 The funds will be used to compensate the person who 17 conducted the handicap accessiblity study. 18 19 Motion by Enrooth, second by Wagner to approve Resolution 20 No. 92-056 being a resolution amending the Community 21 Development Block Grant (CDBG) Year XVIII Urban Hennepin 22 County Statement of projected use of funds . 23 24 25 Motion carried unanimously 26 0 27 28 D. Resolution No. 92-057 , Re: Ratification of the 1993 29 Police Labor Agreement 30 31 Motion by Marks , second by Wagner to approve Resolution 32 No. 92-057 being a resolution ratifying' the 1993 33 agreement between the City of St . Anthony and American 34 Federation of State, County, and Municipal Employees 35 (AFSCME) Council 14 , Local 57 , representing the St . 36 Anthony Police Department employees . 37 38 39 Motion carried unanimously 40 41 42 10 . UNFINISHED BUSINESS 43 44 45 A. Copies of the City Code 46 47 The City Manager advised the City Code will be copied and 48 distributed to all members of the City Council . 50 REGULAR COUNCIL MEETING 2 DECEMBER 22 , 1992 3 PAGE 11 4 5 6 B. Article from Mayor 7 8 The Mayor wrote an article and sent it to all of the 9 City' s newspapers on December 9th . He noted that not one 10 of them printed it . 11 12 C. Council Work Session/Mayor ' s Open House 13 14 The Mayor will host . his open house on January 2 , 1993 15 from 7 : 00 to 9 : 00 . 16 17 There is a Council work session scheduled for January 18 5th. The City Manager noted there are many items on the 19 work session agenda, among them is selection, of an 20 official City newspaper and choosing Council 21 representatives to various organizations . 22 23 11 . ADJOURNMENT 24 Motion by Marks , second by Enrooth to adjourn the meeting at 9 : 00 P.M. 28 29 Motion carried unanimously 30 31 32 Respectfully submitted, 33 34 35 Jo-Anne Student , Council Secretary 36 37 38 39 40 41 Mayor Clarence Ranallo 42 43 44 45 46 ATTEST : 47 City Clerk 48 49 50