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HomeMy WebLinkAboutPL PACKET 11171992 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100459 Box: 15 Folder: PL PACKETS 1992 Document: PL PACKET 11171992 . CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA November 17, 1992 7:30 P.M. CITY COUNCIL CHAMBERS NOTE: 7:00 P.M. -- City Attorney Soth will discuss the legal definition of hardship, present option of accessory structure permit provision. I. CALL TO ORDER. II. ROLL CALL III. MINUTES. A. OCTOBER 20, 1992 PLANNING COMMISSION MEETING. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE DECEMBER 8, 1992 CITY COUNCIL MEETING. V. PUBLIC HEARINGS. A. 7:35 P.M. -- DENNIS CAVANAUGH, C. G. REIN COMPANY, REQUEST FOR SUBDIVISION/PLAT APPROVAL. VI. MISCELLANEOUS. A. APPOINT PLANNING COMMISSIONER TO ENVIRONMENTAL QUALITY/ RECYCLING COMMITTEE. B. REDEVELOPMENT PLAN -- 3112 SILVER LAKE ROAD. C. CONCEPT REVIEW -- ADDITIONAL FRONTAGE SIGN FOR 2808 ANTHONY LANE SOUTH. D. SIGN ORDINANCE - 'CONSIDER AMORTIZATION, OTHER CITY ATTORNEY FINDINGS. E. PROPOSED PLANNING COMMISSION BYLAWS. F. SEPARATION OF UNDERSIZED LOTS HELD IN SINGLE OWNERSHIP. VII. STAFF UPDATE. A. PROPOSED ORDINANCE CHANGES. B. PLANNING COMMISSION PARKING SUBCOMMITTEE. VIII. COMMISSIONERS' COMMENTS. IX. ADJOURNMENT. CITY OF ST. ANTHONY PLANNING COMMISSION MEETING 4 5 OCTOBER 20 , 1992 6 7 8 1 . CALL TO ORDER 9 10 The Planning Commission meeting was called to order at 7 : 30 11 p.m. and the Pledge of Allegiance was led by Chairperson 12 Faust . 13 14 2 . ROLL CALL 15 16 Commissioners Present : Thompson , Franzese, Gondorchin , Murphy, 17 Werenicz, Madden and Faust 18 19 Staff Present : City Manager Burt and Management Assistant 20 Urbia 21 22 3 . APPROVAL OF MINUTES OF THE AUGUST 18 , 1992 PLANNING COMMISSION 23 MEETING 24 25 Motion by Madden, second by Franzese to approve the minutes of 26 the August 18 , 1992 Planning Commission Meeting with the following corrections: 29 page 3 , line 31 : Add after the word "medium" the word 30 "density" 31 page 3, lines 39/40 : This sentence should read as follows , 32. "Commissioner Madden also inquired as to when the impact on 33. the other lots will be resolved . " 34 page 4 , lines 23/24 : Delete the entire sentence. 35 36 Commissioner Gondorchin noted that the word "supermarket" had 37. been treated as two words throughout the text of the minutes 38 and should be one word. 39. 40 Motion carried unanimously 41 42 43 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE OCTOBER 27, 44 1992 CITY COUNCIL MEETING 45 46 Commissioner Werenicz will attend the October 27 , 1992 City 47 Council Meeting representing the Planning Commission . 48 49 5 : PUBLIC HEARINGS 50 • PLANNING COMMISSION MEETING OCTOBER 20 , 1992 3 PAGE 2 4 5 6 A. Rezoning of Properties in Kenzie Terrace Moratorium Area 7 From Commercial ( "C" ) to Single Family Residential ( "R- 8 1 ,� ) 9 10 The public hearing was opened by Chairperson Faust at 7 : 37 11 p.m. 12 13 The Chairperson advised that the public hearing had been 14 called to consider the proposed rezoning from "C" to "R-1" in 15 the area north of the proposed new intersection at Kenzie 16 Terrace which is currently the 2905 Kenzie Terrace area, 2700 17 Coolidge Street and 2715 Coolidge Street . The publication 18 requirements for the public hearing had been met . 19 20 Management Assistant Urbia briefly reviewed the history of 21 this proposed rezoning. He noted that the Planning Commission 22 had recommended to the City Council that the most appropriate 23 use was single family residential . 24 25 The Planning Commission also reviewed a proposal to amend the 26 St . Anthony Comprehensive Land Use Plan regarding this area. 40 The Commission recommended to the City Council that the Comprehensive Land Use Plan be amended as proposed. 29 30 The Metropolitan Council approved the application for the 31 proposed amendment . The City Council approved the proposed 32 amendment at its September 8 , 1992 Council Meeting. 33 34 Commissioner Madden observed that the Planning Commission had 35 been requested to really focus on a very narrow portion of the 36 area. He also noted that he had heard that the Kenzington 37 Condo Division was going through a bankruptcy and the 38 development may be taken over by Resolution Trust . He 39 recalled that a medical facility had been part of the original 40 development for a vacant site in the area . 41 42 The City Manager stated that Resolution Trust does own a 43 portion of the development which is not owner-occupied. 44 Resolution Trust is a group of attorneys who manage 45 properties . Back taxes have been paid. 46 47 He noted that the present ownership of the vacant site is 48 still in question so that the future use or development has 49 not been determined. The question of ownership is between Meta 50 and Resolution Trust . 0 1 PLANNING COMMISSION 9 OCTOBER 20 , 1992 PAGE 3 4 5 6 Some developers have contacted the City Manager regarding the 7 vacant site being used for a medical facility. Noting that it 8 is located in a tax increment area, the City Manager stated 9 there could be some financial opportunities available for 10 developers . While the parcel could remain undeveloped for some 11 time, the City Manager noted there is a concern regarding the 12 paying off of the bonds . 13 14 Commissioner Madden inquired if there had been any thought 15 given to rezoning of this parcel . The City Manager responded 16 that this had not been considered by anyone that he knows of 17 but the parcel is presently being used by Kenzington residents 18 for parking. 19 20 The Public Hearing was closed at 7 : 44 p.m. 21 22 Commissioner Murphy observed that this issue has been 23 discussed at length. Commissioner Madden favors the rezoning 24 but is bothered by the piecemeal approach being used . He noted 25 he had previously expressed a concern regarding the impact 26 all of the changes will make . 40 One of Commissioner Madden' s concerns was with regard to the 29 ingress and egress for the meat market and the Amoco Station . 30 He questioned if these would be in place after the redesigning 31 of the street as they are today. 32 33 The City Manager advised that an engineer has been hired to 34 design the roadway and the right-of-way issues regarding these 35 two businesses . The City has the authority to close the 36 ingress and egress outlets from 27th Avenue. 37 38 Commissioner Madden stated he fails to see how they could 39 continue to operate without their present ingress and egress . 40 The City Manager noted that the design element is not part of 41 the rezoning and that land use is the specific issue to be 42 addressed tonight . He also mentioned there may be a need for 43 the City to purchase another triangle of property from a 44 residential property owner. 45 46 The City Manager advised that in conjunction with the 47 redevelopment , neighborhood meetings will be held with 48 residents of the area to discuss access to properties and how 49 to preserve the neighborhood character of ' the area. 50 r PLANNING COMMISSION OCTOBER 20 , 1992 3 PAGE 4 4 5 6 Motion by Gondorchin, second by Werenicz to recommend to the 7 City Council approval of, the rezoning of the area north of the 8 proposed new intersection at Kenzie Terrace (currently the 9 2905 Kenzie Terrace area, 2700 Coolidge Street and 2715 10 Coolidge Street ) from "C" to "R-1" as this would be consistent 11 with the Comprehensive Land Use Plan as approved at the 12 September 8 , 1992 Council Meeting. As part of the Kenzington 13 Study area, and a consensus would be reached by working with 14 the developer and the neighbors . 15 16 Motion carried unanimously 17 18 B. _Reauest for Side Yard Setback Variance - John Novak, 2608 19 West Armour Terrace 20 21 The Public Hearing was opened at 7 : 54 p .m 22 23 The Chairperson advised that Mr . Novak is requesting a 24 variance of one foot four inches from the requirement of a 25 total of fifteen feeet in order to expand a single garage to 26 a double garage. 0 The proposed addition is seven feet . The eave overhang is an 29 additional 2 . 5 feet . Currently, the home is fifteen feet and 30 eight inches from the side lot line . The proposed addition 31 would have the structure eight feet and eight inches from the 32 side lot line . 33 34 The Management Assistant prepared a memo detailing three 35 sideyard setback variance requests since 1985 . It was noted 36 that while all three were recommended for approval by the 37 Planning Commission, one was denied by the City Council . 38 39 A letter was received from five of Mr. Novak' s neighbors which 40 stated they did not oppose this variance being granted. His 41 neighbor to the west did not sign the letter. 42 43 Commissioner Murphy inquired if the fifteen foot requirement 44 is a local requirement or a state requirement . The City 45 Manager responded that this is a local requirement which is 46 based on maintaining a suburban setting rather than an urban 47 setting. A minimum of five feet is required by the Fire Code 48 and the minimum requirement of the State Code is less than 49 that 50 PLANNING COMMISSION OCTOBER 20 , 1992 PAGE 5 4 5 6 7 Mr. Novak' s reasons for expanding his garage size was to 8 accommodate two cars and have the structure attached to his 9 home 10 11 Chairperson Faust inquired if Mr . Novak had considered a 12 building which would not require a variance. Mr . Novak 13 responded the dimensions for this size structure would result 14 in an area which would be very "tight" to get into and out of 15 his vehicles. Also, the larger size garage would enable him to 16 have direct access to his home. 17 18 'Commissioner Thompson felt Mr. Novak had the right approach 19 and would be able to have both of his vehicles inside. He 20 noted that new construction in the City requires a double 21 garage be built . 22 23 Mr. John Dotolo, 2626 West Armour Terrace, the neighbor 24 adjacent to the Novak home, expressed some of his concerns 25 with this size garage. He thinks a twenty foot garage is large 26 enough to accommodate two full-sized vehicles and wants the lot lines established before any constructin begins . He noted that the lot line stakes had been put in thirty years ago and 29 now are underground. 30 31 Mr. Novak advised he found the stakes with the use of a metal 32 detector and used a survey of the property he had received 33 from the City. He stated he has staked out the lot lines . Mr. 34 Dotolo contends the stake on the back of -the lot is eight feet 35 off . 36 37 The Management Assistant advised that the Building Inspector 38 will require a survey be done if there is any doubt as to the 39 lot line locations . No permit will be issued until this matter 40 has been decided. 41 42 The City Manager noted that the Planning Commission can also 43 require a survey. 44 45 Mr. Dotolo also was concerned with the drifting of snow. 46 47 The Public 'Hearing was closed at 8 : 09 p.m. 48 49 Commissioner Gondorchin inquired if a twenty foot garage would 50 prevent the. installation of an inside door to the house. • PLANNING COMMISSION OCTOBER 20 , 1992 3 PAGE 6 4 5 6 Mr. Novak responded that it would not . 7 8 Commissioner Murphy stated he is concerned with these types of 9 variance requests . He felt the three questions regarding 10 conditions necessary to grant a variance were not answered in 11 the affirmative. He observed that there is no topographical 12 issue and it appeard to be a situation of convenience rather 13 than hardship. He also felt the hardship was not caused by 14 City ordinance and that ordinances were adopted to maintain 15 community standards desired by residents . 16 17 Commissioner Werenicz felt that some of the City' s ordinances 18 are responsible for creating hardship situations . This issue 19 may have to be addessed in the future as many of the older 20 homes in the City have single car garages . He observed that 21 this would only be a one foot , four inch infringement . 22 23 Commissioner Murphy agreed that the ordinances may have to be 24 reviewed in the future but for now the only consistency 25 available regarding variances is meeting the three conditions 26 required by State statutes and City ordinances . 0 Commissioner Werenicz felt a twenty-foot garage would be very 29 "tight . " 30 31 Commissioner Franzese agreed with the observations of both 32 Commissioner Werenicz and Commissioner Murphy. She questioned 33 if members of the -Planning Commission feel strong enough 34 about these issues to address the ordinances presently on the 35 books. 36 37 The City Manager advised that the recodification is not yet 38 finalized and still can be changed. It will be reviewed in 39 November. He noted that 50 ' s characteristics do not apply in 40 the 90 ' s, referring particularly to single family homes with 41 single car garages . 42 43 The City Manager stated that requests have been received from 44 property owners to allow the placement of garages .forward on 45 their property to accommodate the parking of vehicles . 46 Presently, this is prohibited, but he suggested that the 47 Planning Commission could review that section of the 48 ordinance. 49 50 • r . PLANNING COMMISSION OCTOBER 20 , 1992 PAGE 7 4 5 6 Chairperson Faust indicated he could not support the granting 7 of the variance request . He also cautioned holding out hope 8 for something to change when it may not happen. 9 10 Mr. Novak noted that variance requests are rarely approved . He 11 inquired what conditions are necessary to have a variance 12 request approved . 13 14 Chairperson Faust responded that the ordinances are adopted by 15 the City Council based on public input . He noted that State 16 statute allows a City to violate its own ordinances if there 17 are unforeseen circumstances as reflected by the three 18 conditions in the application. 19 20 Commissioner Murphy said that a variance was granted 21 approximately six months ago because of topography which 22 affected drainage. 23 24 Commissioner Madden observed that what constitutes a hardship 25 is viewed differently by different people. He feels a case can 26 be made for this variance request in that Mr. Novak is only asking for a sixteen inch variance. 29 Commissioner Franzese inquired what the standard measurements 30 are for a double garage. Werenicz responded that the standard 31 measurements are 22 ' x 24 ' . 32 33 Commissioner Murphy recalled the denial of a permit by the 34 City Council to build a 24 foot garage. 35 36 The City Manager noted that the Planning Commission lacks the 37 legal counsel that is usually present at Council meetings 38 whereby a definition of "hardship" can be given . 39 40 Commissioner Gondorchin felt the request should be denied. 41 However, he understands the need for double garages on the 42 south end of the City as being desirable which would influence 43 his support for granting the variance request . 44 45 motion . by Madden, second by Werenicz that ' the Planning 46 Commission recommends to the City Council that the -variance 47 requested at 2608 West Armour Terrace be granted pursuant to 48 the owner furnishing a certified survey that the lot lines are 49 properly located as stated by this owner at the hearing, that 50 the neighbors have signed a statement favoring the variance • PLANNING COMMISSION OCTOBER 20 , 1992 3 PAGE 8 4 5 6 being approved, the neighbor to the east had a mixed 7 statement , and the Planning Commission finds that a hardship 8 does exist . 9 10 Roll call : Thompson, Franzese, Gondorchin, Werenicz, Madden - 11 aye 12 Murphy, Faust - nay 13 14 Motion carries 15 16 6 . MISCELLANEOUS 17 18 A. Proposed Parking Ordinance 19 20 The City Manager noted that this ordinance had been 21 recommended by the Planning Commission to receive approval by 22 a vote of six to one. After this recommendation received 23 coverage in the local newspapers , many residents contacted 24 City Councilmembers and staff in City Hall regarding its 25 implementation and how it would impact their particular situations . An Ad Hoc Committee on the Parking Ordinance was established 29 and met to discuss the matter. Members of the Committee agreed 30 that the City was visually in good condition. They had some 31 ideas as possible ways to accomplish the issue of image and 32 neighborhood aesthetics versus the proposed parking ordinance. 33 34 Consideration was given to the Housing Maintenance Code which 35 is presently being considered by the City Council . Also 36 suggested was - for the City to require a permit for all 37 property owners who park commercial or recreational vehicles, 38 recreational and utility trailers or watercraft on their 39 property. The permit would be an agreement on how the vehicles 40 or equipment would be stored. 41 42 The Ad Hoc Committee also suggested that a Beautification 43 Committee be appointed to handle complaints between neighbors 44 and resident complaints on the appearance of another' s 45 property. A variation of -the Beautification Committee could be 46 City mediation whereby City staff would make initial contact 47 in neighbor complaints . If no reso.lution of the problem could 48 be reached by City staff , the matter could be referred to the 49 services of Dispute Resolution. 50 PLANNING COMMISSION MEETING OCTOBER 20 , 1992 PAGE 9 4 5 6 Upon receiving the report of the Ad Hoc Committee, the Council 7 felt additional input should be received and referred the 8 matter back to the Planning Commission . The intention of this 9 referral was for the Planning Commission to receive community 10 input at its meeting and report its findings back to the City 11 Council . 12 13 Staff also supplied information regarding parking restrictions 14 in three other communities which have provisions similar to 15 the proposals being discussed for St . Anthony. 16 17 Commissioner Gondorchin felt a subcommittee should be 18 appointed to address this issue. He distributed a document 19 which contained his thoughts and comments on 'various parts of 20 the proposed ordinance. 21 22 Mary Rockwood, 3404 Silver Lake Road, stated her opposition to 23 the ordinance. She noted that her recreational vehicle is in 24 very good condition and that the only view which it blocks in 25 front of her home is hers . She has pursued parking it 26 elsewhere and felt all of the options were too far away and costly as well as holding the potential for vandalism. She inquired if this ordinance is approved, whether the City would . 29 be willing to provide secure places to park recreational 30 vehicles . 31 . 32 The City Manager corrected the misunderstanding that this 33 ordinance focuses exclusively on recreational vehicles as it 34 does not . 35 36 Sande Antczak, 3501 36th Avenue, told the Commission she was 37 advised when she - moved into the City that parking of 38 recreational equipment was not prohibited. - . 39 40 Jeff Kennedy, 2800 Hilldale Avenue, requested that no change 41 be made and viewed this issue as "passing the buck. " He owns 42 a tent trailer-which he wants to leave parked on his property. 43 44 William Zawislak, 2500 34th Avenue, advised he had served on 45 the Planning Commission and recalls that many residents were 46 told a number of years ago that the parking of recreational 47 vehicles was permitted on private property.. He noted that 48 paved surfaces were required and many property owners went to 49 some expense to meet this requirement . He also felt that off- 50 site parking space for this equipment is very costly. PLANNING COMMISSION MEETING OCTOBER 20 , 1992 3 PAGE 10 4 5 6 Chairperson Faust inquired how well publicized this meeting 7 was regarding addressing this issue. The City Manager advised 8 that a press release had been put out and it had received much 9 attention at two Council meetings . He noted that there were a 10 record number of complaints received this summer and Dispute 11 Resolution was used quite successfully. 12 13 The City Manager noted that many phone calls were received by 14 staff in support of the ordinance. He felt the issue of 15 parking as a whole has to be addressed. 16 17 Commissioner Werenicz felt this issue of recreational vehicle 18 parking will not simply disappear. He observed that the owners 19 of this type of equipment have banded together and lobbied 20 against the passage of the ordinance. He felt it was unlikely 21 that those residents who oppose parking of this type of 22 equipment on private property will organize. He inquired if 23 this issue could be put- on a referendum ballot . 24 25 The City Manager responded that ordinances are not voted on by referendum but it could be included in a community survey which is .being prepared for distribution. 8 29 The 1988 survey results were used by the City Council to set 30 goals. The City Manager felt a survey is a very good barometer 31 for action by the Council and needs assessment . The response 32 is quite high and it represents a meaningful cross section of 33 the community. The survey will be done in March or April and 34 will include some questions on parking. Approximately 400 35 households will receive the survey. 36 37 The City Manager advised that enforcement and image were prime 38 concerns of the residents . Commissioner Gondorchin agreed that 39 the question of enforcement was a valid concern and felt a 40 subcommittee should be appointed to address the ordinance. 41 42 Chairperson Faust was hesitant to wait until March or April 43 for the results of the survey to take action on this matter. 44 He felt a subcommittee should be appointed to address the 45 issues brought up by the current input . 46 47 Commissioner- Werenicz felt that the subcommittee had to wait 48 for - the survey results to be able to combine its work with 49 the survey results. 50 1 PLANNING COMMISSION MEETING OCTOBER 20 , 1992 PAGE 11 4 5 6 Chairperson Faust noted it was quite helpful to have a member 7 of the City Council and of the staff serving on the Sign 8 Ordinance Subcommittee. 9 10 Commissioner Franzese suggested that the entire Planning 11 Comission could work with staff on this ordinance . Chairperson 12 Faust noted that when four or more commissioner meet this 13 constitutes a public meeting. , Commissioner Madden felt this 14 would not be a problem. 15 16 Commissioner Murphy anticipated some problems with the survey 17 answers as people would answer per their understanding. He 18 inquired what the purpose of the City Council was 'when staff 19 was requested to draft this ordinance. 20 21 The City Manager responded that it was to focus on maintaining 22 image and beautification . 23 24 Motion by Faust , second by Murphy to table this matter until 25 the December Planning Commission Meeting for further 26 information and that no public meetings be held without notifying the public. 9 Commissioner Madden suggested it could be discussed at a 30 Planning Commission work session . Chairperson Faust stated 31 this would constitute a public meeting. 32 33 The City Manager will issue a press release before the 34 December Planning Commission. meeting advising that this matter 35 will be on the agenda for discussion . 36 37 Motion carried unanimously 38 39 B. Review Road Reconstructon Task Force Final Report and 40 Proposed Assessment Policy 41 42 Connie Kozlak chaired the Road Reconstruction Task Force. This 43 task force was appointed by the City Council in February of 44 1990 . Its charge was to make recommendations on improvements . . 45 to the. aging infrastructure and roads in the City. . It also 46 examined funding alternatives for recommended improvements, 47 reviewed the assessment policy of the City, and made 48 suggestions for a plan to educate residents on the need for 49 the repairs. 50 PLANNING COMMISSION MEETING OCTOBER 20 , 1992 3 PAGE 12 4 5 6 The Task Force had discussions on infrastructure concerns , 7 took a walking tour of the City to examine the condition of 8 city streets and heard explanations from. Braun Engineering 9 regarding the Pavement Management Plan, which is a ten year 10 plan . 11 12 Ms . Kozlak advised that the Task Force spent the most amount 13 of its time on discussions regarding the roads . It was the 14 consensus of the Task Force that the streets should be 1.5 replaced with the same type of materials which were used 16 originally. She also noted that all of the roads were built at 17 the same time, about thirty to forty years ago. 18 19 The Task Force recommended that road improvements be done 20 incrementally, rather than all at one time. It was suggested 21 that the condition of the watermains be examined and those 22 _ which need repair or replacement have the work done when the 23 street is being replaced. 24 25 Replacement of sanitary sewers should also be considered and 26 the elimination of sump pumps which empty into the sanitary sewer system should be addressed. The Task Force recommended that sump pumps should be inspected by the City at the time of 29 sale of the home. Support of an ordinance which would require 30 separation of these sump pumps from the sanitary sewer system 31 was indicated by the Task Force. 32 33 Implementation of a storm sewer utility charge was recommended 34 by the Task Force. This utility would charge all properties in 35 the City a fee for storm water runoff . The funds could also be 36 used for repair of aging storm sewers and to maintain the 37 existing lines and the addition of new sewer lines . 38 39 The City has an on-going program of televising its sewers as 40 part of routine maintenance. Records should be reviewed to 41 determine which areas may need the sanitary sewer lines 42 replaced. The Task Force also recommended that all streets 43 planned for improvements be televised during the design phase 44 of street improvements to determine if repairs or replacements 45 are needed. 46 47 Existing sidewalk locations were reviewed and additional 48 locations for . sidewalks were discussed. Streets with the 49 greatest traffic volume that warrant sidewalks are typically 50 under the jurisdiction of the counties . The Task Force felt • 1 PLANNING COMMISSION MEETING OCTOBER 20 , 1992 PAGE 13 4 5 6 these should have priority. A map was prepared which showed 7 the locations the Task Force had identified for additional 8 sidewalks . 29th Avenue was inadvertantly omitted . 9 10 The Task Force also recommended that a Pavement Management 11 Study be adopted and that the first year for improvements 12 should begin in 1993 . 13 14 A new assessment policy was prepared by Braun Engineering. The 15 Task Force addressed the length of time suggested for payment 16 of the assessments and the percentages of each improvement 17 which would be assessed to the benefitted property owners . 18 19 The recommended assessment rates are as follows : 20 21 Road Improvements : Assessed at 50% of the cost for all 22 property, except residential (R-1 , R-A2 , and R-2 ) on a 23 Minnesota State Aid road will not be assessed. Alleys will be 24 assessed at 100% of the cost and will be divided among the 25 benefitted properties . 26 Storm Drainacte: The Task Force recommended 100% of the cost be 16 paid for from the storm sewer utility. 29 30 Sanitary Sewer & Watermains ( laterals ) : The Task Force 31 recommended 100% of the cost be divided among the benefitted 32 properties . 33 34 Sanitary Sewer & Watermains ( trunk/subtrunk) : The Task Force 35 recommended 100% of the cost be paid for from the Utility 36 Fund. All new lines be assessed at 100% of the actual cost . 37 38 Sidewalks : The Task Force recommended that 100% of the cost 39 for residential (R-1 , R-lA, . R-2 , R-3 and R-4 ) be paid for from 40 ad valorem taxes (General Fund) . Commercial and industrial 41 property should be assessed 50% of the actual cost . 42 43 Commissioner Gondorchin requested an explanation as to how the 44 Deferred Assessment proposal worked. 45 46 The City Manager explained that it was -income-based and stated 47 what was necessary to apply for an assessment deferral . 48 49 The City Manager addressed the criteria which would warrant 50 the installation of- sidewalks . Some of the requirements would • PLANNING COMMISSION MEETING OCTOBER 20 , 1992 PAGE 14 4 5 6 include vehicular speed, traffic counts, safety concerns and 7 traffic volume. 8 9 The City Manager also advised that the ten year plan for roads 10 was prepared by Braun Engineering. He noted that it addressed 11 road repair or reconstruction, watermain concerns , and utility 12 repair work. He stated that neighborhood meetings will be held 13 to aggressively review the proposals . These meetings will be 14 held prior to the issue coming before the City Council and 15 the Planning Commission . 16 17 Chairperson Faust inquired if truck travel and school bus use 18 was addressed by the Task Force. The City Manager responded' 19 that both of these issues had been discussed by the Task Force 20 and it was determined they were not really an issue. 21 22 Chairperson Faust questioned if consideration had been given 23 to having the utility wiring put underground. Ms . Kozlak 24 stated that this issue had been considered but may not be able 25 to be done in that many of the wires go to the back of houses . 26 26 The City Manager also advised that Northern States Power has indicated its unwillingness to bury its lines unless it is 29 required by the franchise. All of the utility companies 30 serving the City have been advised of the proposed road 31 construction. 32 33 Commissioner Franzese commended the Task Force for all of its 34 work and stated she feels its members deserve a lot of credit . 35 36 C. Concept Review- Proposed Central Park Improvements 37 38 Jerry Hanson, representing the St . Anthony Sports Boosters , 39 made a presentation for improvements to Central Park. Large 40 drawings of the proposed improvements were distributed to 41 members of the Planning Commission. 42 43 Mr. Hanson advised that the needs of athletic programs in the 44 City have grown and the facilities have not kept up with the 45 needs . He noted that there are specific needs for soccer 46 fields and basketball courts . A skateboard court has also been 47 considered but the City Manager expressed a concern for the 48 City' s liability for this type of facility. 49 50 PLANNING COMMISSION MEETING OCTOBER 20 , 1992 PAGE 15 4 5 6 The Sports Boosters hired a landscape engineer to work on this 7 proposal . The project is proposed to be done in two phases . 8 Phase I , which would be on the upper part of the High School 9 property, was reviewed . 10 11 Mr . Hanson advised that ownership of Central Park is shared by 12 School District #282 and the City. He has already reviewed 13 this proposal with the School Board. The Athletic Boosters are 14 hopeful to start Phase I in July of 1993 . 15 16 Phase II would include redoing the three baseball fields off 17 Silver Lake Road. No changes are being considered for the 18 tennis courts , the tot lot or the playground equipment . The 19 organization is also considering the addition of a band shell . 20 21 Mr . Hanson stated his purpose in attending this meeting was to 22 get approval for the proposed improvements to the property 23 which is owned by School District #282 . 24 25 Commissioner Werenicz is concerned with the adult use of the 26 present softball fields . He noted that these fields are used two nights a week for adult softball . 29 The City Manager advised that this concern regarding adult 30 softball teams as well as use of the park for passive activity 31 was discussed at the recent School Board Meeting. He also 32 stated there are many other park uses which must be 33 considered. He feels the results of the survey will be of 34 considerable assistance in determining final plans for uses of 35 the park. 36 37 Viewing Central Park as a City focal point or a town square ' 38 concept for the City is a consideration stated the City 39 Manager . Noting that the Sports Boosters will be paying for 4'0 these improvements , the City Manager observed that there are 41 many uses for profits realized from charitable gambling. He 42 noted that there will be funding needs for - the future of the 43 Parkview Community Building. He feels that Mr . Hanson is more 44 accurately looking for a concept approval recommendation to 45 the City Council from the Planning Commission rather than 46 approval to actually recommend the proposed improvements to 47 the School Board property . 48 49 Commissioner Murphy inquired if the plans include trees and 50 landscaping. Mr . Hanson replied tht planting of trees had not PLANNING COMMISSION MEETING OCTOBER 20 , 1992 PAGE 16 4 5 6 been discussed but it could be considered . Commissioner Murphy 7 suggested an exercise station could also be added. Mr . Hanson 8 felt this equipment could be an easy target for vandalism. 9 10 Commissioner Gondorchin observed that the two little league 11 softball diamonds could be made available for men ' s softball 12 with some shifting. 13 14 Chairperson Faust inquired if there are many complaints from 15 neighboring property owners regarding activities at the park 16 as it is presently being used. The City Manager responded that 17 complaints are received about youngsters ' behavior and the 18 lights on the tennis courts being on late into the evening. He 19 felt these concerns as well as others would be addressed in 20 the survey. Opportunities for active and _passive activities 21 should be considered in view of the fact that twenty percent 22 of the population of the City is over sixty five years old . 23 24 Commissioner Madden felt the Planning Commission has not had 25 enough time to study the proposal to make . a recommendation 26 -tonight . Chairperson Faust stated that he does not view the Planning Commission as the approving authority in this case. 29 Mr. Hanson advised that the funds have to be donated by 30 December 31st of this year or the Sports Boosters will have to 31 pay taxes on the remaining amount . 32 33 The City Manager felt there was ample time left to study the 34 proposal without making a recommendation at this point . There 35 will be focus groups to view the results of the survey and 36 define what people are interested in having in Central Park . 37 He recommended that the City does not rush into this without 38 a bigger plan and suggested more thought be put into community 39 needs . 40 41 Commissioner Murphy inquired if the funds have to be actually 42 turned over to project or do the Sports Boosters only have to 43 commit the funds to the project by December 31st . 44 45 Mr. Hanson responded that the School Board must receive the 46 money to expand the athletic facilities in Central Park . 4.7 48 Commissioner Murphy said he sees no problem from a long term 49 planning strategy to recommend approval . 50 7. • PLANNING COMMISSION MEETING OCTOBER 20 , 1992 3 PAGE 17 4 5 6 Motion by Madden , second by Thompson to recommend approval of 7 the proposed plan , that the plan appears to be an acceptable 8 concept , the plan is flexible to accept improvements to 9 Central Park, the proposal must, be reflective of the survey 10 results , and the Planning Commission commends the St . Anthony 11 Athletic Sports Boosters for its work and commitment . 12 13 Motion carried unanimously 14 15 16 D. Appoint Planning Commissioner to Environmental 17 Ouality/Recycling Committee 18 1.9 This appointment will be made at the next Planning Commission 20 Meeting. 21 22 23 ADJOURNMENT 24 25 Motion by Franzese, second by Madden to table the remaining 26 agenda items until the next Planning Commission Meeting and to adjourn the meeting at 11 : 30 p.m. 29 Motion carried unanimously 30 31 32 Respectfully submitted, 33 34 35 Jo-Anne Student , Planning Commission Secretary 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 • DORSEY & WHITNEY A P&WWSNBUv la w VPw"...M"Coatounoon 350 PARE AVENLS 220 SOUTH SIXTH STREET 201 FIRST AVENUE,S.W.,SUITE 360 NEW TORE,NEW TORE 10022 ROCHESTER.MINNESOTA 55902 (212)415-9200 MINNEAPOLIS, MINNESOTA 53402-1498 (507)80.3756 1330 CONNECTICUT At'ENUE.N.a. (612) 340-2600 1200 FIRST D;; RSTATE CENTER RABRINOWN,D.C.20036 TELEX 29_0605 Bri-09,MONTANA 59108 (202)857-0700 (408)252.3800 PAX(612)340-2868 3 OBACECHMMB STREET 507 DAVIDSON BUILDING LONDON EC3V OAT,ENGLAND GREAT FALLS,MONTANA 59401 46-.71-929-33.'14 _ (408)727-3832 36.ROE TRONCBET VUILM IL BOTH - 127 EAST TR0¢'1T STREET 78009 PARIS,PRANCE (614 3402M MIBSOUL.MONTANA 59808 33.1.42-66.59.49 .- (406)r21-6025 35 SQUARE DE MEE6S 2 , 1�2 001 ORAND.SUITE 3900 8-1040 BRUSBEIA,3113111,401M y 9L.GI DRB MOINES,IOWA 50009 32-8-504-66.0 - - (515)283-1000 Mr. Thomas D. Burt City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony MN.55418 Dear Tom: Here is the permit provision we talked about for garages. St. Anthony might want to consider this to avoid the need for finding hardship. Very yours, . J WRS:gle Wi iam K Soth Enclosure 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 lxxic.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: October 21, 1992 TO: Planning Commissioners FROM: David Mark Urbia, Management Assistant ITEM: REQUEST FOR SUBDIVISION/PLAT APPROVAL BACKGROUND Dennis Cavanaugh, C. G. Rein Company, submits request for subdivision/plat approval for 3800 Silver Lake Road, Tires Plus. The subdivision/plat approval request is necessary for the tax increment financing proposal. ISSUES Required Lot Area and Width: Minimum lot are is 15,000 square.feet, minimum lot width is 100 feet. The proposed lot is 56,041 square feet, and the lot width is 210 feet. Floor Area Ratio: May not exceed 1.0. The FAR clearly does not exceed 1.0, it is 0.185. Front Yards: Must have a depth equal to the greater of 35 feet or a distance equal to the average of the front yard depths on the two adjacent lots. The front yard set back is 82.20 feet. Side Yards: Interior side yards must be 10 feet in width. Side yards adjoining a street must be at least 35 feet. The interior side yard is 25 feet. The other side yard does not adjoin a public street but a private street. _ Rear Yards: Depth of at least 20 feet. The rear yard depth is 70 feet. Parkin: The total area of a parking lot, including all parking spaces, drive aisles, islands and landscaping must be no less than the required number of parking spaces multiplied by 300 square feet. The required number of spaces is 35. 300 square feet multiplied by 35 is 10,500. The total area of the parking lot is roughly 20,705 square feet. Uses in C District must have at least one parking space for every 300 square feet of gross floor area. The gross floor area is approximately 10,350.48 square feet; divided by 300 is 34.5 or 35. The number of available parking . spaces is 48. Prohibited On-Site Parking: Within five feet of a side lot line -- ten feet available. Within 10 feet of the front property line -- 25 feet available. Within 10 feet of the rear lot line -- ten feet available.- Drainage Issues: All parking must meet the City's grade requirements for proper drainage, and there must be approved curbing around the perimeter of all parking areas except in the R-1 and R-2 districts. Water quality for drainage will be addressed with the entire tax increment financing proposal. The existing curbing meets this ordinance provision. RECOMMENDATION Recommend approval to City Council for the request for subdivision/plat approval for 3800 Silver Lake Road, Tires Plus. NOTE: Larger drawings of the proposed division plat will be available at the meeting. In addition, the drawings are available at City Hall to view prior to the meeting. Date: Fee: $150.00 CITY OF ST. ANTHONY APPLICATION FOR SUBDIVISION/PLAT APPROVAL Applicant: Apache Plaza, Ltd. Phone: Address: c/o C G RPi n ro , 949 Si hl Pjz memari al FTcn, qt pail, Status of Applicant (Owner, Buyer, Renter, Agent, etc.): Owner Present Legal Description of Property to be Affected: Lot 3, Block 1, Apache Plaza Proposed Legal Description of Property to be Affected. APP at-i-achP8 plat- Street Address: 3928 Silver Lake Road, St. i nn, ant-a Zoning District in Which Property is Located: commercial Specify Any Necessary Easements: Area of the Plat/Subdivision: 56,032 sq. ft Number of Parcels: 1 Attach a copy of the proposed plat showing the proposed name of the plat, the location within the City, the names of the present owners, the scale, the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documentation as is requested by the City Manager or the subdivision/platting ordinance. 1' 0 =49-010 * 150 . 000:( C!V '�A ��` G':' : ' • 24.85 `o^ Off'. i '.'.1,'1--" .. ... _. . _ _ _ V✓ W W W-o .. W �_'. Wt G41.Flow W 0.8401°Wow�- `2 Manhole (Not locafed)) ::' S•S. - Inv.936.94 o` I p: Inv.950.16 ,- $:T.' ST, 5. ST,S.-� 00 I m 275.10 Under round electr%c �8"V* 5.P. San%tary Sewer Ni e•A:c . ::L:: °:K: : ":Q. :.... 1 24"R.C.P. Storm Sewer ��24"R.C.P. 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A Please refer to your October meeting packet of information. • Iii I i . I I CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY REDEVELOPMENT PLAN FOR 3112 SILVER LAKE ROAD The City of St. Anthony Housing and Redevelopment Authority"SAHRA' formally applies to the St. Anthony City Council the following redevelopment plan: Proceed with the acquisition of the substandard house and land at 3112 Silver Lake Road in order to facilitate the process whereby a private developer will demolish the current house and construct a single family home in the manner the City prescribes. The process to acquire, demolish, and construct is consistent with the SAHRA policy to ensure the housing stock in the City is maintained and upgraded, and that instances of blight and substandard housing is renovated or redeveloped. The SAHRA proposes the method to finance the redevelopment plan through the use of excess reserve HRA funds. STAFF REPORT DATE: November 10, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: SEPARATION OF UNDERSIZED LOTS HELD IN SINGLE OWNERSHIP BACKGROUND When Mrs. Newgaard of 3127 Silver Lake Road approached the City with this issue, It required some thought of a policy direction. Staff asked the City Attorney to provide legal insight to this issue. The letter recommended to first review the half-section maps for the City, then to determine whether there be an ordinance change requiring single ownership or a grandfathering provision. DISCUSSION After reviewing the half-sections, there is a significant number of old plats with very small lots, where it clearly takes two or more lots to make an adequate home site. From this observation, and from the City Attorney's advice, it may be wise to have an ordinance prohibiting the separation of legally platted lots if the lots would not conform to current zoning ordinances if separated. D013SEY & WHITNEY A Perr SH.P 1NCLODIMO P-68.0NAL COQW­9 330 PABH AVENUE 220 SOUTH SIXTH STREET 201 FIRST AVENUE,S.W.,SUITE 340 NEW YORK.NEW YORK 10022 ROCHESTER,MINNBSOTA 33902 (212)413-9200 MINNEAPOLIS, MINNESOTA '55402-1498 (507)2418-3156 1330 CONNECTICUT AVENUE.N.W. 612) 340-2600 1200 FIRST INTERSTATE CENTER WASBINOTON,D.C.20036 TELEX 29-0605 BILLINGS,MONTANA 39103 (202)857-0700 (406)252-3800 FAX(612)340-2869 3 ORACECHCBCH STREET 307 DAVIDSON BUILDING LONDON BC3V OAT,ENGLAND OREAT PALLS,MONTANA 39401 44-71-929-3334 MMU[lAM IL SO $ (406)727-3632 36.RUE TRONCHET - l814 340-2 127 EAST FRONT STREET. 78009 PARIS,FRANCS MISSOULA,MONTANA 39802 33-1-42-66-39.49 (406)721-6025 35 SQUARE DE MEEUS October 13,,1992 - 801.GRAND.SUITE 3900 B-1040 BRUSSELS,BELGIUM DES MOINES,IOWA 50309 32-2-504-46-11 (513)283-1000 Mr. Thomas D. Burt City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony MN 55418 RE: Separation of Undersized Lots Held in Single Ownership Dear Tom: ..- This will confirm our discussions regarding the legal issues involved in the separation or division of two or more legally platted lots which have been held in single ownership for a such period. of-time that the current ordinances would make the lots nonconforming if they were owned separately. These questions are raised by the situation you asked about. Apparently, Anna G. Newgaard, at 3127 Silver Lake Road, owned Lots 18 and 19, Block 1, Bonnie View Heights, since 1954. As I understand it, these lots were covered by one tax parcel and there was only one tax statement for the property. The question now is whether the two lots (and the tax parcel) can be divided and conveyed to separate owners. I do not believe there is any specific provision in the ordinances stating that platted lots cannot be separated if it would make them nonconforming to do so. There is, however, case law in Minnesota to the effect that cities can prohibit the separation of legally platted lots if the lots would not conform to current zoning ordinances if separated. If St. Anthony wishes to add such a provision, we should include it in the new City Code. There can be some problems, however, with adding such a provision to your ordinances. The Planning Commission and Council should consider the issues carefully before making that decision. If the individual lots are conforming, of course, there is no issue; they can be separated and there would be no basis for the City to deny approval of the tax parcel division. In a case such as the Newgaard'property, however, these lots have.frontage on Silver Lake Road of only 66 feet, while the ordinances call for-75 feet. While owned as a single parcel, the two lots together clearly meet the requirements of the ordinance. If they are divided, each lot would have 9 feet less than the required frontage. One could argue that the lots are legally platted lots approved by the City in the plat of Bonnie View DoRSEY BC WHITNEY Mr. Thomas D. Burt October 13,1992 Page 2 Heights and should be "grandfathered"; that no variance for street frontage should be required even if they are separately owned. On the other hand, one could argue that the owner should be required to maintain them as one home site so that they conform to current ordinances, and that they should not be divided, since that would make them nonconforming. If St. Anthony had a number of old plats with very small lots, where it clearly takes two or more lots to make an adequate home site, I would recommend an ordinance to require such lots to be kept in single ownership. If there are not many such situations, however, and if most lots would be close to conforming, it might be better to consider such lots to be grandfathered. In the case of the Newgaard property, for example, if you took the position that the lots could not be separated without a variance, it might be- difficult to come up with the valid "hardship," even though the'Planning Commission and Council might want to grant a variance"because of other homes in the area with 66- foot frontages. I.would suggest that you look over the half-section maps for the City and see if there are many situations where the grandfathering of undersized lots might present a problem. If there are, perhaps we could deal with those specifically. If most situations are similar to the Newgaard situation, however, it might be advisable to consider those lots to be grandfathered. If you, the Planning Commission or Council have any further questions on this, please let me know. Ve r t'ru yours, K� WRS:gle William R. Soth CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING 4 5 OCTOBER 13, 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo, Councilmembers Marks, Enrooth, 16 Fleming and Wagner. 17 18 Staff Present : City Manager Burt., Management Assistant Urbia, 19 Finance Director Larson , Police Chief Engstrom, Fire Chief 20 Johnson, Public Works Director Hamer and Liquor Operations 21 Manager Nelson. 22 23 3. APPROVAL OF OCTOBER 13 , 1992 COUNCIL MEETING AGENDA 24 25. Motion by Wagner, second by Marks to approve the agenda for 26 the October 13 , 1992 Council -Meeting with the deletion of the claim for the Norsk Concrete Construction, Inc. , as recommended by the City Manager. 29 30 Motion carried unanimously 31 32 33 4 . APPROVAL OF SEPTEMBER 22 , 1992 COUNCIL MEETING MINUTES 34 35 Motion by Marks , second by Fleming to approve the minutes of 36 the September 22 , 1992 Council Meeting as presented and there 37 were no corrections. 38 39 Motion carried unanimously 40 41 5. LICENSES/PERMITS/PETITIONS 42 43 a. Heating Licenses 44 45 Motion by .Marks , second by Enrooth to approve the heating 46 license application as submitted by All Season Comfort of New 47 Brighton, Mn. 48 49 Motion carried unanimously 50 • 1 REGULAR COUNCIL MEETING • 2 OCTOBER 13, 1992 3 PAGE 2 4 5 6 Motion by Marks , second by Enrooth to approve the heating 7 license application as submitted by Carlyle' s Heating and Air 8 Conditioning of Fridley, Mn. 9 10 Motion carried unanimously 11 12 b. Contractor ' s Licenses 13 14 Motion by Marks , second by Enrooth to approve the contractor' s 15 license application as submitted by Vogel Concrete 16 Construction of St . Paul , Mn. 17 18 Motion carried unanimously 19 20 Motion by Marks, second by Enrooth to approve the contractor' s 21 license application as submitted by Lawrence Sign, Inc. of St . 22 Paul , Mn. 23 24 Motion carried unanimously 25 26 C. Temporary 3 . 2 Beer Permit . 27 • 28 Motion by Fleming, second by Wagner to approve the temporary 29 3 . 2 beer permit application as submitted by .Church of St . 30 Charles Borromeo, 2727 Stinson Boulevard, for its Mardi Gras 31 on February 21 , 1993 from Noon to 7 : 00 p.m. 32 33 The City Manager inquired if it is known if this function may 34 require a wine license. Councilmember Fleming felt this was 35 probably not the case but one can. be applied for if it is 36 needed. 37 38 Councilmember Marks indicated his intention to abstain on this 39 motion as he has mixed feelings regarding beer permits . 40 41 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 42 Marks - abstain 43 44 Motion carries 45 46 6 . PRESENTATION OF CLAIMS 47 48 A. City of Fridley 49 50 Motion by Marks, second by Enrooth to approve payment in the • REGULAR COUNCIL MEETING OCTOBER 13 , 1992 3 PAGE 3 4 5 6 amount of $5, 250 to the City of Fridley for the City' s share 7 of the hazardous material trailer purchase. 8 9 Councilmember Wagner inquired why the City is only remitting 10 $5, 250 . 00 when it ' s share appears to be $7, 134 . 19. 11 12 Hamer explained he had solicited $5, 000 . 00 from the St . 13 Anthony Sports Boosters and $250 . 00 from the Tri-City American 14 Legion. He . then approached some Fridley gambling operations 15 for the remainder . 16 17 Motion carried unanimously 18 19 B. Hance & LeVahn Law Firm 20 21 Motion by Marks , second by Enrooth to approve payment in the 22 amount of $2 , 400 . 00 to Hance & LeVahn Law Firm for legal 23 services rendered for the month of September, 1992 , relative 24 to St . Anthony prosecutions . 25 26 Motion carried unanimously C. Dorsey & Whitney Law Firm 29 30 Motion by Marks, second by Enrooth to approve payment in the 31 amount of $2 , 123 . 00 to Dorsey & Whitney - Law Firm for legal 32 services rendered through August 31 , 1992 regarding various 33 matters . 34 35 Motion carried unanimously 36 37 D. Dorsey & Whitney Law Firm 38 39 Motion by Marks, second by Enrooth to approve payment in the . 40 amount of $1 , 319 . 00 to Dorsey & Whitney Law Firm for legal 41 services rendered through August 31 , 1992 regarding the 42 Stonehouse Restaurant . 43 44 Motion carried unanimously 45 46 E. Barr Engineering 47 48 Motion by Marks , second by Enrooth to approve payment in the 49 amount of $3 , 271 . 50 to Barr Engineering for professional 50. services rendered during the period of August 2 , 1992 through • 1 REGULAR COUNCIL MEETING • 2 OCTOBER 13, 1992 3 PAGE 4 4 5 6 August 29, 1992 regarding the County Road "E" Storm Sewer 7 Project . 8 9 Motion carried unanimously 10 11 F. Maier Stewart and Associates 12 13 Motion by Marks, second by Enrooth to ' approve payment in the 14 amount ' of $202 . 62 to Maier Stewart and Associates for 15 engineering services rendered from August 2 , 1992 through 16 August 29, 1992 regarding the Kenzie Terrace Phase II 17 construction administration. 18 19 Motion carried unanimously 20 21 G. Maier Stewart and Associates 22 23 Motion by Marks , second by Enrooth to approve payment in the 24 amount of $250 . 20 to Maier Stewart and Associates for 25 engineering services rendered from August 2 , 1992 through 26 August 29, 1992 regarding the State Aid reporting on the 37th 27 Avenue and Stinson Boulevard signal . • 28 29 Motion carried unanimously 30 31 H. Verified Claims 32 33 Motion by Marks, second by Enrooth to approve the three and 34 one half pages of verified claims as submitted by the Finance 35 Director.' 36 37 Motion carried unanimously 38 39 7. REPORTS 40 41 A. Council Reports 42 43 1 . Report of Councilmember Wagner- 44 45 At its September 22nd meeting, the City Council 46 recognized the 100th Anniversary of the Faith United 47 Methodist Church in a proclamation . 48 49 Councilmember Wagner presented the proclamation to the 50 congregation and noted it was graciously received. REGULAR COUNCIL MEETING OCTOBER 13, 1992 3 PAGE 5 4 5 6 Councilmember Wagner attended the recent Apache Plaza 7 Merchants Board Meeting. Starting on October 15th, a 8 Haunted House will be located. in the Crown Shoe Store. 9 The profits from this venture will benefit the March of 10 Dimes . All of the' staffing of this activity will be 11 volunteer with the exception of the Director. Security 12 will be provided and many thousands of attendees are 13 expected. 14 15 A Customer Service Office will be located on the main 16 floor of Apache Plaza. The purpose of this office is to 17 be of service to the patrons of the shopping mall . 18 Councilmember Wagner had understood that the mall 19 manager, Kelli Johnson, and her secretary will staff the 20 office. He felt this move reflected a much improved 21 customer service attitude of the mall ' s merchants . 22 23 Councilmember Wagner attended the meeting of the 24 Community Service Advisory Council . The Council is 25 focusing on increasing membership. He noted that the City 6 Council and the School Board have a record of very good cooperation over the last many years . 8 29 Councilmember Wagner also attended the Open House hosted, 30 by the Twin Cities Army Ammunition Plant . He was very 31 impressed with the quantity of work done there. He felt 32 it may be thirty to fifty years before all of the 33 chemical problems have been solved. 34 35 Mayor Ranallo noted that Keith Douglas is the promoter 36 for the March of Dimes Haunted House . He understood that 37 the organization had chosen Apache Plaza for this event 38 over a site at Riverplace . The Mayor stated that the 39 March of Dimes Campaign Developer had thanked the Fire 40 Chief and the Public Works Director for their 41 cooperation . 42 43 2 . _Report of Councilmember Fleming 44 45 Councilmember Fleming also attended the TCAAP Open House 46 and found it very informative. She is interested in 47 seeing what will be done with the property in question . 48 She noted that it may be used for wildlife thereby 49 letting nature takes its course. 50- • 1 REGULAR COUNCIL MEETING • 2 OCTOBER 13, 1992 3 PAGE 6 4 5 6 The next Village Fest meeting is scheduled for November 7 9th at 8 : 00 p.m. Co-Chairs of the Village Fest have been 8 selected and the Rockin ' Hollywoods have committed to 9 participate. The dates for the 1993 Village Fest are July 10 23rd, 24th and 25th. The Kiwanis Club will also be 11 requested to host a Pancake Breakfast . 12 13 The annual marathon for non-public education is 14 traditionally held outside of the City. Councilmember 15 Fleming noted that in 1993 St . Charles School is 16 considering holding it in the City. 17 18 The Fire Chief has already been contacted about this 19 matter. He will require a specific date and the route 20 selected for the marathon. Councilmember Fleming advised 21 that the tentative date selected is Saturday, October 2 , 22 1993 . 23 24 3 . Report of Councilmember Marks 25 26 The Sister City Committee met on September 27 , 1992 and 27 nearly all of the members were present . The trip to Salo, • 28 Finland was reviewed. 29 30 The Committee stated one of its goals is to encourage 31 future happenings such as additional trips to Salo and 32 completing a video tape. Dave Urbia is working with the 33 Committee on the video tape. Councilmember Marks will be 34 meeting with the School Superintendent for the purpose of 35 instituting a student exchange program. 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 attended a first grade class where "City 44 Government" was the topic. He found it enlightening as to 45 what the students know about city government- and its 46 operations . They were very aware of the responsibilities 47 of the Police and Fire Departments and the importance of 48 .911 . He addressed how the youngsters could be of help in 49 their community, especially regarding recycling. 50. • REGULAR COUNCIL MEETING OCTOBER 13 , 1992 3 PAGE 7 4 5 6 The teacher had requested the Mayor to briefly review 7 government structure to include president , governor and 8 mayor. He intends to visit more classrooms in the future. 9 10 The Mayor serves on the Federal Legislation Committee of 11 the League of Minnesota Cities . The Committee has 12 finalized its priorities regarding issues and 13 legislation. 14 15 Referencing the recent federal legislation regarding 16 cable regulation, Mayor Ranallo advised that it gave no 17 additional local control . The Federal Communications 18 Commission still controls rate increases and local 19 government has no jurisdiction in this matter. 20 21 The Mayor felt the attendance at the second Paul Todd 22 Show was about 156, which in his opinion, was not very 23 gratifying. There appeared to be about one hundred 24 residents and about fifty "followers" of Paul Todd. The 25 profits from this fundraiser would benefit the City' s D.A.R. E. Program. He complimented the Police Department ' s participation and fundraising efforts . 29 Councilmember Fleming felt there was competition for 30 attendance with the Presidential debates and the St . 31 Anthony High' School football game. The last Paul Todd 32 concert in the City drew approximately 450 people. 33 34 B. Report of the City Manager 35 36 1 . Request of the March of Dimes 37 38 The March of Dimes is requesting permission to place a 39 banner at the corner of Silver Lake Road and 37th Avenue. 40 The banner is 36" by 18 ' . The organization is also 41 requesting permission to have a spotlight at the site 42 from October 23 through October 31 , 1992 . These items 43 will be used to promote the Haunted House at Apache 44 Plaza. 45 46 The City Manager advised that ordinarily this request 47 would go before the Planning Commission for its 48 consideration before. it comes to the City Council . 49 Because of the timeframes involved there was no time .to 50 bring it to the Planning Commission . 1 REGULAR COUNCIL MEETING • 2 OCTOBER 13, 1992 3 PAGE 8 4 5 6 Motion by Marks, second. by Enrooth to approve the banner 7 and spotlight as requested by the March of Dimes and to 8 direct the City Manager to work with the March of Dimes 9 to place the banner adjacent to Silver Lake Road north of 10 37th Avenue and the spotlight in a location which will 11 not be disruptive to traffic or the neighboring 12 residential area. 13 14 Motion carried unanimously 15 16 17 2 . Discussion of 1993 City Budget 18 19 The City Manager noted that the budget being presented is 20 in the format as requested by the City Council and is 21 balanced. It represents the needs of each department to 22 continue to provide the services to the City' s residents 23 at the most efficient cost possible. 24 .25 Burt recently attended an ICMA -Conference where it was 26 noted that government is at an all time low for appeal to '27 constituents and many people are frustrated, particularly • 28 with taxes . He felt that local governments fail to 29 communicate what they do and the services they provide 30 directly to the people. Only four percent of the State' s 31 total budget goes to local government . Local government 32 supplies very good services for every twenty cents of 33 each dollar yet they lose some of their effectiveness 34 when they compete with each other. 35 36 While the budget was being formulated the City Manager 37 met individually with each Councilmember for input and 38 suggestions . This meeting tonight is focused primarily to 39 gather resident input and is not a formal public hearing. 40 41 42 The City Manager er advised that the budget format presently 43 being used has been used since 1980 . Additional 44 capabilities of the in-house computer has expanded the 45 amount of information available and is given to the City 46 Council on a monthly basis . The City Manager and the 47 Finance Director are presently working on drafting a new 48 budget format . This new format will be reviewed by the .49 City Council and if it is found to be acceptable will be 50, used for the Budget Public Hearing in December . REGULAR COUNCIL MEETING OCTOBER 13, 1992 3 PAGE 9 4 5 6 The Mayor cautioned staff to make the new format 7 understandable and not confusing to ,the average person. 8 9 The proposed 1993 budget is up $102 , 360 or 4 . 9% from the 10 1992 budget . These increases are due to sales tax (which 11 the City has had to pay since July, 1992 ) , inflation , and 12 proposed wage increases . The City Manager included the 13 1992 salaries schedule for each position in the agenda 14 packet . The 1993 wages were not included as wage 15 agreements have not been reached with three labor unions . 16 17 Using overhead graphs, the City Manager reviewed the 18 proposed 1993 budget revenues and expenditures . He noted 19 that revenue can be increased with user fees , but this is 20 a "stand-in place" budget . 21 22 After the City Manager ' s budget presentation there was a 23 question and answer period. Only two residents were in 24 attendance to discuss the proposed budget . 25 6 Councilmember Marks noticed that there had previously been a high amount of . overtime and this was .absent in this budget . The City Manager advised that there is to be 29 no overtime unless there is an emergency. 30 31 Councilmember Fleming inquired what increases there have 32 been in the Police Department to accommodate additional 33 regulations . The Police Chief responded there are 34 considerable - increases in the paper work. - 35 36 Councilmember Marks noted that there probably will be 37 additional costs associated with the enforcement of the 38 Housing Maintenance Code. The City Manager agreed and 39 felt the additional cost would involve court costs and 40 work hours for the enforcement personnel . 41 42 Dennis Cavanaugh, 2909 St . Anthony Boulevard, had some 43 comments regarding the budget process , the content of the 44 budget proposals and the frequency of budget meetings . 45 46 Mr . Cavanaugh felt the budget process was not in 47 compliance with Minnesota statute . It ' s availability to 48 residents was virtually non-existent for resident review. 49 He also noted there is a $10 . 00 charge to receive a copy 50 of the proposed budget . 1 REGULAR COUNCIL MEETING 2 OCTOBER 13, 1992 • 3 PAGE 10 4 5 It was noted that the proposed budget is available in the 6 City' s liquor stores and in City Hall . Other locations 7 were discussed. 8 9 Mr. Cavanaugh questioned the dispostion of the revenue 10 from cable television. He was advised this revenue is 11 included in the category of Miscellaneous Revenue. 12 13 Civil Defense was another of Mr. Cavanaugh' s concerns and 14 he questioned what this matter included. The Fire Chief 15 advised him of the activities of civil defense and noted 16 that some revenue is received from these items . The Chief 17 felt the term "Civil Defense" was a dated term and 18 preferred "Emergency Management . " 19 20 Mr. Cavanaugh questioned the need for five fire trucks 21 and felt this number was too many. The Fire Chief stated 22 there is a need for five trucks to comply with the water 23 availability needs of the City. 24 25 In Mr. Cavanaugh' s opinion, the liquor operation actually 26 showed no profit for this year. He also felt a two 27 percent increase in employee wages was sufficient and 28 should be placed 'at that percentage. 29 30 Mayor Ranallo stated that the budget process was in 31 compliance with state statute. He referred to a letter 32 received from Stuart J. Bonniwell , the City' s Accountant , 33 dated October 13 , 1992 , which states that the content and 34 form of the City budget document satisfies all current 35 statutory requirements . 36 37 Regarding the frequency of budget meetings , the Mayor 38 advised that for as long as he has been on the Council 39 budget meetings have been held. 40 41 The City Manager advised the City is in compliance for 42 having the proposed budget available for public review. 43 He also noted that to hold salary increases to two 44 percent is not possible as there is binding arbitration 45 available for the unions and the City. 46 47 Referencing comments made regarding the liquor 48 operations , the City Manager acknowleged that Apache 49 Wells is not doing very well but it does supply a 50 service. He noted that this location is being REGULAR COUNCIL MEETING OCTOBER 13 , 1992 3 PAGE 11 4 5 6 kept operational anticipating the growth of Apache Plaza. 7 Changes in drinking habits have also impacted the liquor 8 industry. 9 10 Regarding the availability of the proposed 1993 budget , 11 Councilmember Marks suggested that the process could be 12 opened up. He recommended that copies be available at the 13 county library, the school library and the fire stations 14 in addition to those already located in the liquor 15 operation sites . 16 17 Jerry Faust , who chairs the Planning Commission, feels 18 the budget is a matter of perspective. Regarding the 19 matter of salaries , he feels no one is being overpaid. He 20 recalled the frequent turnover of City Managers and felt 21 some - emphasis should be put. on retaining present 22 employees . He also feels that res.idents get very. good 23 service from the Public Works Department . 24 25 Mr. Faust noted there is an anticipated $131 , 000. loss of Local Government Aids and questioned where this was accounted for in the proposed budget . 29 The City Manager advised that $20 , 000 was included in the 30 budget anticipating a portion of this loss . An increase 31 of 7 . 2% would have covered the total anticipated LGA 32 decrease. 33 34 Mayor Ranallo stated he initially became involved in 35 local government because of frequent turnovers of staff . 36 He too sees longevity as being important but feels that 37 realistically salaries will not retain an employee if an 38 attractive enough offer is made elsewhere. 39 40 The Mayor inquired if any members of the. Council had 41 additional direction for the City Manager. There were no 42 responses . 43 44 Mayor Ranallo thanked all of the department heads who 45 attended the meeting. The new budget format will be 46 presented at the next Council work session . 47 48 8 . PUBLIC HEARINGS 49 50 There were no public hearings . 1 REGULAR COUNCIL MEETING 2 OCTOBER 13, 1992 3 PAGE 12 4 5 9. NEW BUSINESS 6 7 A. Environmental Quality/Recycling Committee 8 9 Applicants for the Environmental Quality/Recycling Committee 10 were solicited in the three City newspapers . Members of the 11 Recycling Committee were also requested to state their 12 interest in serving on this committee. 13 14 Staff advised that applications were received from the 15 following people: Martin Lunde, Keith Pearson (current members 16 of the Recycling Committee) ; Douglas Bergstrom, Janis Borys, 17 Douglas Hall , Sandra McDonald and Scott Benik (St . Anthony 18 residents) . 19 20 Motion by Marks , second by Wagner to appoint the seven people 21 who have indicated a willingness to serve, per the staff 22 report , to the Environmental Quality/Recycling Committee. 23 24 Motion .carried unanimously 25 26 27 Motion by Marks, second by Wagner to appoint Dick Enrooth as 28 the Council Representative to the Environmental 29 Quality/Recycling Committee. 30 31 Motion carried unanimously 32 33 The representative from the Planning Commission will be 34 determined at its next meeting. 35 36 B. Resolution No. 92-046, Re: Consolidation of Roadways in 37 Ramsey County 38 39 This resolution requests an increase in Minnesota State Aid 40 funds and an increase in Minnesota State Aid mileage as well 41 as a waiver. of Minnesota State Aid penalty provisions . It was 42 noted that less than one half mile was involved with this item 43 in St . Anthony. 44 45 Motion by Marks , second by Enrooth to approve Resolution No. 46 92-046 being a resolution requesting the Commissioner of 47 Transportation to increase a portion of the City of St . 48 Anthony' s roadway system. 49 50, Motion carried unanimously REGULAR COUNCIL MEETING OCTOBER 13 , 1992 3 PAGE 13 4 5 6 C. Maier Stewart & Associates ' Proposal for Enaineering 7 Street Relocation, 27th Avenue Northeast and Coolidge 8 Street Northeast 9 - 10 This proposal is for the street location adjacent to Rosie' s 11 Cafe. The City Manager advised that the proposal from Maier 12 Stewart and Associates is the lowest received and the others 13 were considerably higher. He expressed confidence in the 14 firm' s work. 15 16 Councilmember Marks stated he will abstain on this vote as he 17 has a potential conflict as he is acquainted with the owner of 18 Rosie' s Cafe. He was advised he could vote in that this 19 proposal is not site specific nor an acquisition. 20 21 Motion by Enrooth, second by Ranallo to accept the proposal 22 from Maier Stewart and Associates in a not to exceed amount of 23 $36, 500 for the engineering of the street relocation of 27th 24 Avenue Northeast and Coolidge Street Northeast . 25 Motion carried unanimously 8 10 . UNFINISHED BUSINESS 29 30 A. Ordinance No. 1992-008 , Re: Sians (Third Reading) 31 32 The Management Assistant advised that the last time the sign 33 ordinance was amended was March 10 , 1983 . He noted that staff 34 is presently waiting for an opinion from the City Attorney 35 regarding a "grandfather clause" which would avoid 36 grandfathering in any signs which are non-conforming and 37 installed since 1983 . 38 39 The City Manager noted that any changes which may ' be 40 considered can be changed with the recodification . 41 42 Councilmember Wagner expressed a concern regarding the length 43 of time a searchlight is permitted for a special event . The 44 ordinance states it can be used not exceeding three 45 consecutive nights . 46 47 Councilmember Enrooth felt a variance could . be granted for 48 this kind of situation. Councilmember Marks doubted that a 49 variance could be granted administratively. 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 13 , 1992 3 PAGE 14 4 5 6 It was decided the length of time would be deleted and its 7 approval would be subject to the City Manager ' s discretion. 8 9 Discussion continued regarding political and noncommercial 10 signs . There appeared to be some question as to what is 11 actually being addressed with this section. 12 13 Motion by Enrooth, second by Marks to table further discussion 14 of Ordinance No. 1992-008 until the Council Meeting on October 15 27th pending clarification . 16 17 Motion carried unanimously 18 19 B. Ordinance No. 1992-009, Re: Housina Maintenance (Third 20 Reading) ' 21 22 A new draft of Ordinance No. 1992.-009' was received -from the 23 City Attorney. The City Clerk put it into a more readable form 24 as the type of. the draft from the City Attorney' s office was 25 difficult to read. 26 27 The City Manager advised that the content of the ordinance was 28 not changed from the second reading but the number of words 29 was reduced. 30 31 Some members of the Council stated they have received calls 32 from residents regarding some of the requirements in the 33 ordinance. Specifically, some of their concerns addressed sump 34 pumps and locks on outer doors of multiple dwellings. 35 36 Councilmember Enrooth felt it may be- appropriate to delay the 37 third reading and adoption of this ordinance until some of the 38 concerns have been responded to by staff and the City 39 Attorney. 40 41 Mayor Ranallo said he. does not like the way this ordinance has 42 been handled. He added, this and another agenda item, may see 43 the City Council pursuing the services of a new City Attorney 44 and a new Auditor . 45 46 Motion by Ranallo, second by Enrooth to table Ordinance No. 47 1992-009 for clarification. 48 49 Motion carried unanimously 50 REGULAR COUNCIL MEETING OCTOBER 13, 1992 3 PAGE 15 4 5 6 11 . ADJOURNMENT 7 8 Motion by Enrooth, second by Wagner to adjourn the meeting at 9 10 : 55 p.m. 10 11 Motion carried unanimously 12 13 14 Respectfully submitted, 15 16 17 Jo-Anne Student , Council Secretary 18 19 20 21 22 Mayor Clarence Ranallo 23 24 25 6 ATTEST: City Clerk 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 CITY OF ST. ANTHONY 2 REGULAR COUNCIL MEETING 5 OCTOBER 27 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo, Councilmembers Marks, Enrooth, 16 Fleming and Wagner 17 18 Staff Present : City Manager Burt and City Attorney Soth 19 . 20 3 . APPROVAL OF AGENDA FOR THE OCTOBER 27, 1992 COUNCIL MEETING 21 22 Motion by Marks, second by Fleming to approve the Council 23 agenda for the October 27 , 1992 Council Meeting as presented. 24 25 Mayor Ranallo stated he has spoken to the City Attorney 26 regarding the Housing Maintenance Code Ordinance and the Sign 27 Ordinance. With regard to this conversation, he will be commenting on his remarks made at the October 13 , 1992 Council Meeting. 31 Motion carried unanimously 32 33 34 4 . APPROVAL OF OCTOBER 13 , 1992 COUNCIL MEETING MINUTES 35 36 Motion by Marks , second by Wagner to approve the minutes of 37 the October 13, 1992 Council Meeting with the following _38 corrections : 39 40 page 3 , lines 8 & 9 : This sentence should read as follows : 41 "Councilmember' Wagner inquired why the C-ity is remitting 42 $5, 250 . 00 when the total is $7 , 134 . 19 and the City' s share 43 appears to be more. " 44 page 5, lines 25, 26 & 27 : This sentence should read as 45 follows : "He noted that he had been told by others that the 46 City Council and the School Board have a,,- record of very good 47 cooperation in recent years . " 48 page 6, line 18 : Change "Fire" to "Police" 49 page 9, line 32 : Correct "Police Department" to " legislative 50 mandates" • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 0 PAGE 2 5 6 7 page 10 , line 32 : Correct "Accountant" to "Auditor" 8 page 14 , lines 41 through 44 : Mayor Ranallo requested that 9 this entire paragraph be deleted from the minutes . He has 10 spoken to the City Attorney regarding the Housing Maintenance 11 Code and the Sign Ordinance and some matters of concern were 12 explained. 13 14 Motion carried unanimously 15 16 17 5. LICENSES/PERMITS/PETITIONS 18 19 Contractor ' s Licenses 20 21 Motion by Marks , second .by Enrooth to approve the contractor ' s 22 license application submitted by Ravenwood Construction of. 23 Cedar, Mn . 24 25 Motion carried unanimously 26 27 Motion by Marks, second by Enrooth to approve the contractor ' s license application submitted by Shad-Tracy Signs , Inc . of 0 Oronoco, Mn . 31 32 Motion carried unanimously 33 34 35 Ciciarette Licenses 36 37 Motion by Marks, second by Enrooth to approve the cigarette 3_8 license application submitted by Stop-N-Save, 3249 Stinson 39 Boulevard. 40 41 Motion carried unanimously 42 43 44 .' Motion by Marks, second 'by Enrooth to approve the cigarette 45 license application submitted by Apache Amoco, 3700 Silver 46 Lake Road . 47 48 Motion carried unanimously 49 50 • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 PAGE 3 5 6 Heatina License 7 8 Motion by Marks , second by Enrooth to approve the heating 9 license application submitted by C.O. Carlson Air Conditioning 10 Company of Minneapolis, Mn . 11 12 Motion carried unanimously 13 14 15 Service Station License 16 17 Motion by Marks , second by Enrooth to approve the service 18 station license application submitted by Stop-N-Save, 3249 19 Stinson Boulevard . 20 21 Motion carried unanimously 22 23 24 Motion by Marks , second by Enrooth to approve the service 2_5 station license application submitted by Apache Amoco, 3700 26 Silver Lake Road . 27 8 Motion carried unanimously 31 3 . 2 Beer Retail 32 33 Motion by Marks , second by Enrooth to approve the 3. 2 beer 34 retail license application submitted by Stop-N-Save, 3249 35 Stinson Boulevard. 36 37 Motion carried unanimously 38 39 6 . PRESENTATION OF CLAIMS 40 41 A. Maier Stewart and Associates 42 43 Motion by Marks, second by Wagner to approve payment in the 44 amount of $672 . 13 to Maier Stewart and Associates for 4_5 engineering services from August 30 through September 26 , 1992 46 regarding Kenzie Terrace sidewalk project , Phase II . 47 48 Motion carried unanimously 49 50 • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 0 PAGE 4 5 6 B. Maier Stewart and Associates 7 8 Motion by Marks , second by Wagner to approve payment in the 9 amount of $6, 757 . 70 to Maier Stewart and Associates for 10 engineering services rendered from August 30 through September 11 26 , 1992 for the water system plans and specifications . This 12 is to expand the facility for appropriate pumping capacity. 13 14 Motion carried unanimously 15 16 C. Maier Stewart and Associates 17 18 Motion by Marks , second by Wagner to approve payment in the 19 amount of $5, 830 . 50 to Maier Stewart and Associates for 20 engineering services rendered from August 2 through August 29, 21 1992 for the water system plans and specifications . 22 23 Motion carried unanimously 24 25 D. Norwest Bank 26 27 Motion by Wagner, second by Enrooth to approve payment in the 8 amount of $250 . 00 to Norwest Bank for fees owed the paying agent regarding the Liquor Store Revenue Refunding Bonds . 31 Motion carried unanimously 32 33 E. Sprinasted Financial Advisors 34 35 Motion by Marks , second by Wagner to approve payment in the 36 amount of $8 , 906 . 20 to Springsted Financial Advisors for 37 services rendered regarding issuance of Liquor Store Revenue 38 Refunding Bonds . 39 40 Motion carried unanimously 41 42 F. Norsk Concrete Construction Company 43 44 Motion by Marks , second by Enrooth to approve payment in the 45 amount of $8 , 893 . 15 to Norsk Construction Company for Kenzie 46 Terrace sidewalk. construction, Phase II , payment to be made 47 contingent upon the paperwork arriving at City Hall in the 4_8 proper form. 49 50 Motion carried unanimously I REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 46 PAGE 5 5 6 G. Verified Claims 7 8 Motion by Wagner, second by Marks to approve the six pages of 9 verified claims as submitted by the Finance Director . 10 11 Motion carried unanimously 12 13 7 . REPORTS 14 15 A. Plannina Commission - October 20 , 1992 Meeting 1.6 17 Commissioner Werenicz attended the Council Meeting 18 representing the Planning Commission . 19 20 1 . Proposed Rezonina on Kenzie Terrace ( 2905 Kenzie Terrace, 21 2700 Coolidge Avenue and 2715 Coolidge Avenue) 22 23 The proposed rezoning is to change the Commercial designation 24 to R-1 . 25 26 Commissioner Werenicz advised there was minimal discussion of 27 this matter by the Planning Commission . The Task Force 2 proposals were reviewed and the Planning Commission concurred with the recommendation to change the zoning from C to R-1 . 3_1 The City Manager reviewed the parcels under consideration for 32 rezoning. 33 34 Councilmember Marks stated he has a potential conflict of 35 interest in this matter and will abstain from voting or 36 dicussing it . He left the Council Chambers . 37 38 The City Attorney advised that technically this item should be 39 in the form of a zoning ordinance amendment . He will draft the 40 ordinance for publication . He noted that its passage requires 41 a four/fifths vote of the City Council . He also stated that 42 the City Council could either hold all of the readings or 43 waive them. 44 45 The Mayor responded that the Council has a policy of not 46 waiving the reading of an ordinance so the public would have 47 an opportunity for comment . 48 49 The City Attorney suggested that the first reading could be 50 held at this meeting and would constitute a public hearing. • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 0 PAGE 6 5 6 The City Manager felt the public hearing requirements were met 7 with the public hearing held by the Planning Commission . 8 9 Motion by Wagner, second by Enrooth to approve the first 10 reading of the ordinance which would rezone the aforementioned 11 parcels on Kenzie Terrace from C to R-1 . 12 13 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 14 Marks - not present 15 16 2 . Sideyard Setback Variance Request - John Novak , 2608 West 17 Armour Terrace 18 19 Commissioner Werenicz advised that Mr. Novak is requesting a 20 variance of one foot , four inches to accommodate the enlarging 21 of his garage. Mr. Novak wishes to make space for two vehicles 22 and be able to attach the garage to the house. 23 24 Commissioner Werenicz noted that some members of the Planning 25 Commission had felt the strict letter of the law be adhered to 26 but recognized the legitimacy of Mr . Novak ' s request . 27 Regarding the hardship factor for granting the request , members of the Commission suggested that the ordinance may be what is creating the hardship. It was felt by Commission 31 members that perhaps all of the parking ordinances should be 32 reviewed . The Planning Commission recommended the granting of 33 the variance request' on a vote of five to two on the condition 34 that the property lines be clearly defined. 35 36 Commissioner Werenicz advised that the neighbor to the east of 37 Mr. Novak, John Dotolo, expressed concern regarding the exact 38 property lines . The City Manager .noted that a survey is not 39 being requested, but rather that the lot lines be identified 40 and the monument stakes be found._ This would also impact on 41 the variance. 42 43 Councilmember Fleming inquired if Mr. Dotolo has signed the 44 memo from the neighbors which stated they had no problem with 45 the granting of the variance. Mr . Dotolo replied he had not 46 signed the memo and was concerned with a flower bed in his 47 yard which will be affected by this garage enlargement . He 48 prefers that the garage be left the way it presently is . 49 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 41 PAGE 7 5 6 - Councilmember Marks observed that the City now requires a two 7 car garage with_ new construction . 8 9 Commissioner Werenicz noted that we are dealing with a 1950 ' s 10 ordinance wh-ich could be viewed as a hardship. 11 12 Mayor Ranallo stated that the City is requesting all residents 13 to remove their vehicles from the streets . He requested that 14 the Planning Commission consider this when it is reviewing the 15 parking ordinance.. The City Manager advised he will bring some 16 updated suggestions to the Planning Commission when it 17 considers the ordinances . 18 19 Councilmember Enrooth felt this may be a safety, factor in 20 wanting the door directly into the house . 21 22 Mr . Dotolo inquired how close a garage can come to a house. He 23 noted that the overhangs are going to be eight feet or closer 24 to his home and that of Mr . Novak. 25 26 The.Mayor inquired if a safety factor, such as access of fire 27 trucks , is a consideration. The City, Manager responded that overhangs are no longer considered when a garage is attached to a house. There is no need to gain access to a back yard by emergency vehicles as fire safety can be addressed with 31 equipment rather than trucks . 32 33 Councilmember Marks requested a definition of the hardship 34 which applies to this particular situation . 35 36 Commissioner Werenicz responded ' that the present ordinance, 37 which reqires fifteen feet total , is creating the hardship for 38 thirty to . forty year old homes where there are single car 39 garages . 40 41 Motion by Fleming, second by Wagner to approve the variance 42 request for one foot , four . inches from the requirement of a 43 total of fifteen feet in order to expand a single car garage 44 to a double car garage for John Novak, 2608 West Armour 45 Terrace. 46 47 Motion carried unanimously 48 49 3 . Road Reconstruction Task Force Final Report and Proposed 50 Assessment Policy • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 '3 PAGE 8 • 4 5 6 Commissioner Werenicz advised that Connie Kozlak, who chaired 7 the Road Reconstruction Task Force, gave the report . 8 9 The Planning Commission recommends that the City Council move 10 ahead in implementing the Ten Year Plan as recommended by the 11 Task Force. The Mayor noted that the same plan was presented 12 to the City Council as was presented to the Planning 13 Commission. 14 15 The City Manager stated that Ms . Kozlak is employed by the 16 Metropolitan Council and has access to information regarding 17 the criteria for sidewalk placement . He noted that sidewalks 18 are a consideration for heavily trafficed thoroughfares and 19 adjacent' to commercial areas . 20 21 Traffic counts will be taken on 29th and 33rd Avenues adjacent 22 to Silver Lake Road. Councilmember Marks felt a sidewalk would 23 be very desirable west of Silver Lake Road on 33rd Avenue . He 24 also felt two different counts should be taken, pedestrian and 25 vehicular. The City Manager felt counts east of Silver Lake 26 Road on 33rd Avenue may not be useful as students who go to 27 the school on that street have a habit of not using sidewalks . 28 39 The Mayor inquired if neighborhood meetings will be held to 30 explain the street reconstruction. The Ci.ty Manager stated 31 that they would and costs , timeframes and inconveniences of 32 street construction will be addressed. The Engineer will 33 conduct the neighborhood meetings . 34 35 The City Manager felt that Old Highway #8 was a good example 36 of a good improvement . He suggested that some property owners 37 will object to the assessments for the reconstruction, but 38 that most will want to invest in improving St . Anthony;. 39 40 The City Attorney cautioned that no assessment can exceed the 41 value of the improvements to the assessed property. 42 43 Press releases will be sent out by staff to advise all 44 affected property owners of the impending improvements and of 45 the neighborhood meetings . 46 47 4 . Proposed Central Park Improvements 48 49 Commissioner Werenicz advised that Jerry Hanson, representing 50 the Athletic Sports Boosters, presented a proposal from that i 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 PAGE 9 5 6 organization for improvements to Central Park . The Sports 7 Boosters are willing to contribute $75, 000 to the improvement 8 project . Members of the Planning Commission felt any 9 improvement is good for the City and favored the -proposal 10 presented . Some commissi.oners -did express concern regarding 11 losing two adult softball diamonds and the lack of plans for 12 the needs of older adults . It was felt the survey results 13 would be very - helpful in defining what the City' s residents 14 desire. 15 16 The City Manager advised that the Planning Commission approved 17 the concept to improve Central Park but did not approve this 18 particular proposal . He agreed that the survey will tell quite 19 a bit about the needs of residents . 20 21 Councilmember Marks inquired if there is going to be a walking 22 area and advised this was included in the proposal . There is 23 a shortage of soccer and softball fields . 24 25 The City Manager said this will be an agenda item for a 26 Council work session . 27 Councilmember Enrooth noted that if this proposal is approved it could limit what could be done with the rest of the park. 30 The City Manager stated that if the drainage system on the 31 football field were eliminated, space could be provided for a 32 soccer field. 33 34 Councilmember Enrooth observed that a comprehensive approach 35 is needed for a l l park land. He felt th i s was a good beginning 36 from others to do something with . the parks . 37 38 The City Manager noted that as the discussion went on at the 39 Planning Commission meeting more flexibility was initiated . He 40 felt the City has really nothing to say if the School Board 41 approves the proposal . 42 43 The Mayor requested the City Manager to check with the School 44 Board regarding the use of funds from pull tab operations . He 45 also requested him to find out if, the funds can be dedicated 46 to a certain project and given to the City or the School Board 47 to hold in a special Park Fund. 48 49 The City Manager advised that all of the $75, 000 is not being 50 given in one lump sum. He noted that the Sports Boosters are 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 3 PAGE 10 • 4 5 6 fearful of losing the funds if they are not spent by the end 7 of the year but this is not accurate . 8 9 Recognizing that a property owner was present to discuss 10 Ordinance No. 1992-009, the Council moved this item up on the 11 agenda. 12 13 UNFINISHED -BUSINESS 14 15 A. Ordinance No. 1992-009, Re: Housina Maintenance Code 16 (Third Reading) T7 18 Jerry Cowan , 3316 Croft Drive, is the co-owner of the 19 Macalester Manor Apartments . He stated he knew nothing of the 20 ordinance until early this afternoon and has had 'limited time 21 to review it . The City Manager said he had advised Mr . Cowan ' s 22 partner of the ordinance in its draft form. It was the opinion 23 of the City Manager that apartment owners had concerns with 24 this ordinance, particularly regarding the impact of proposed 25 security systems . 26 27 He noted that few apartment complexes have security systems 28 and suggested that they could. perhaps be -"grandfathered in" 29 and be installed only when major repairs are being made to the 30 facilities . His concern with this is that some owners may put 31 off doing needed repairs to avoid having to install security 32 systems which could be a financial strain . 33 34 Mr. Cowan noted that "security" is defined by the Multiple 35 Housing Association as " limited access" so the owners would 36 not be liable for something which they would have limited 37 control over. He also questioned the requirements of having a 38 deadbolt lock . 39 . 40 The City Manager suggested that this entire . section on 41 security systems could be removed. He noted that most new 42 complexes already have them and they are used as a marketing 43 tool . He felt there may be question as to how beneficial this 44 section would be to the City. He also noted- that the intent. of 45 . the Housing Maintenance. Code was to maintain aesthetics and 46 this section does. not address that . 47 48 The Mayor felt security was important in these facilities . The 49 City Manager stated the "controlled" entrance requirement is 50 the problem. He also noted there will probably not be any more • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 0 PAGE 11 5 6 apartments built in the City. Mr . Cowan advised that 7 Macalester Manor Apartments do not have foyers so this would 8 pose a problem in meeting the ordinance requirements . The City 9 Manager noted that this was the case with Diamond Eight 10 Terrace as well . 11 12 The City Attorney suggested that this section , which is a 13 requirement of the State Building Code, be removed and that 14 Section B be relabelled as Section A. 15 16 The City Manager felt the Third Reading of the Ordinance 17 should be delayed for additional comments and input . 18 19 The ordinance was reviewed page by page . � The height 20 requirement of twelve inches from the ground for the storage 21 of wood was removed from the ordinance. The purpose of this 22 height was to deter the storage of wood in the front yards of 23 properties and to keep rodents out of wood piles . 24 25 The City Manager noted that "prevailing" was removed from the 26 section on Yard Cover as it is difficult to define within the 27 boundary of community standards . The Mayor has observed there are some yards without any. yard cover and they do not, present a pleasant appearance . 31 Councilmember Enrooth inquired how it will be determined if a 32 sump pump is emptying into the sanitary sewer system. The City 33 Manager responded that it . will be "smoked" and will require 34 fixing if it is emptying into the sanitary sewer system. The 35 Mayor felt this could cost between $250 . 00 and $400 . 00 . The 36 City Manager assured the Council that the costs would be under 37 $1 , 000 . 00 . 38 39 Councilmember Marks noted that this sump pump inflow affects 40 the I and I costs the City_ pays . 41 42 In Subsection 4 , page 11 , Councilmember Wagner noted a double 43 negative and requested the sentence be corrected. 44 45 Councilmember Marks was of the opinion that the section on 46 Composting should be deleted in that it attempts to fix a 47 problem which does not exist . 48 49 Noting that most compost piles are placed on lot lines , the 50 Mayor was of the opinion that this section should remain . 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 3 PAGE 12 4 5 6 He has received complaint calls from residents regarding their 7 neighbor ' s composting practices . 8 9 When the City Manager spoke to -the issue of grooming of trees 10 and brush , the Mayor recalled receiving a call from a resident 11 who was having problems with a neighbor ' s tree . He recommended 12 that the resident speak directly to the neighbor . This was 13 done and the problem was cooperatively resolved. The Mayor 14 felt many problems are really lack of communication . 15 16 The City Manager is of the opinion that this ordinance will 17 affect relatively few people. 18 19 Mr. Cowan had other concerns with enforcement of the 20 ordinance. A specific instance he quoted was the section 21 regarding keeping a unit clean and orderly. The City Manager 22 advised that the Ramsey County Sanitation Department could be 23 contacted if there is a situation regarding habitability in 24 the Macalester Manor Apartments . 25 26 Mr . Cowan also questioned the possiblity of having a 27 questionable chemical in, the cabinets . If this is the case, he 28 inquired if they would have to be replaced and if the 29 substance is considered- hazardous . He also had questions 30 regarding the section on ventilation . The City Manager will 31 follow through on these concerns . He advised that State 32 Building Code requirments are the guiding force behind this 33 ordinance. 34 35 The City Attorney noted that a provision has been added to the 36 ordinance whereby if there are any conflicts between the 37 ordinance and State Code, the State Code will prevail . 38 39 Mayor Ranallo requested that all members of the Council 40 carefully study this ordinance when it is received. The City 41 Manager will have it to them the Friday before the next 42 Council Meeting. 43 44 Motion by Enrooth, second by Fleming to table this ordinance 45 until the, next . Council Meeting. 46 47 Motion carried unanimously 48 49 B. COUNCIL REPORTS 50 • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 41 PAGE 13 5 6 1 . Report of Councilmember Wagner 7 8 Councilmember Wagner had nothing to report at this time . 9 10 2 . Report of Councilmember Fleming 11 12 Councilmember Fleming attended the Candidates Meeting 13 hosted by the St . Anthony Chamber of Commerce . Candidates 14 for the House and Senate participated in the meeting. 15 Councilmember Fleming noted that Tom Burt served as the 16 Facilitator and did a very commendable job. 17 18 She also attended the Fire Station Open House and felt 19 that a very good job was done but the attendance was not 20 very high. The Mayor recalled that in prior years there 21 were pumpkins available at this Open House . 22 23 Councilmember Fleming has received a request from Ed 24 Grabowski , a resident of Autumn Woods , regarding moving 25 the polling place from the Fire Station to Autumn Woods . 26 She was advised this would not be possible . 27 3 . Report of Councilmember Marks 30 = Councilmember Marks noted that in previous reports 31 regarding prosecutions in the City, the information 32 included the exact blood alcohol content of arrested 33 individuals . The reports now only state whether it was 34 higher than ten percent . 35 36 Recommendations received from the Association of 37 Metropolitan Municipalities regarding Metropolitan 38 Government were a disappointment to Councilmember Marks . 39 He noted: that the recommendations about the Regional 40 Transi.t Board and the Metropolitan Transit Commission 41 were particularly impacted with the recommendations on 42 acquiring rail beds and going forth with Light Rail 43 Transit projects . 44 45 Councilmember Enrooth stated that the AMM has spent 46 considerable time on the issue of the Regional Transit 47 Board. He noted that this board does not function like 48 some others and that it lacks direction . 49 50 Councilmember Marks felt nothing was happening on Light I REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 3 PAGE 14 4 5 6 Rail Transit and the Legislature has virtually stopped 7 any progress of this issue . He stated the example of 8 Commissioner ' s Derus ' proposal for LRT. 9 10 4 . Report of Councilmember Enrooth 11 12 Councilmember Enrooth had nothing to report at this time . 13 14 5 . Report of Mayor Ranallo 15 16 Mayor Ranallo reported he has received a number of calls 17 regarding the group home on Silver Lake Road. The City 18 Manager stated he will- have additional information on the 19 owners and caregivers of this group home. He 'noted that 20 this will be the third group home in the City. It is for 21 autistic young adults and will have twenty-four hour 22 care. An Open House is planned for sometime in November. 23 24 C. REPORT OF THE CITY MANAGER 25 26 Mr . Cowan inquired how many people can reside in one 27 unit . The City Manger responded the number is four. 28 29 The Association of Metropolitan Municipalities Policy 30 Adoption Meeting is scheduled for November 5th. The City 31 Manager requested any Councilmembers who wish to attend 32 advise him and he will register them. 33 34 Last week the City Manager met with the owners of Apache 35 Plaza, the City ' s financial advisor, and the City' s bond 36 counsel to discuss the future of the CUB project . He 37 advised that the Redevelopment Agreement will be 38 completed by , the end o.f the year and demolition will 39 begin after that . CUB anticipates being able to open by 40 the Fall of 1993 . 41 42 8 . PUBLIC HEARINGS 43 44 There were no public hearings . 45 46 9. NEW BUSINESS 47 48 A. _Resolution No. 92-047 , Re : Community Survey 49 50 Members of the Council determined that the costs for this • 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 0 PAGE 15 5 6 community survey should not exceed $4 , 000 . 7 8 Motion by Marks , second by Enrooth to approve Resolution No. 9 92-047 being a resolution authorizing a community survey . 10 11 Motion carried unanimously 12 13 14 B. Resolution No . 92-048 , Re: Hennepin County Residential 15 Recycling Grant 16 17 The City Manager noted that Dave Urbia, the Management 18 Assistant , had reviewed some of the costs with Councilmember Enrooth . 21 Motion by Marks, second by Wagner to approve Resolution No . 22 92-048 being a resolution approving submittal of the 1993 23 municipal grant application for the Hennepin County 24 Residential Recycling Program and entering into a contract for 25 this program. 26 27 Motion carried unanimously 30 C. Resolution No 92-049 , Re: Ramsey County Recycling Grant 31 32 Motion by Marks , second by Enrooth to approve Resolution No. 33 92-049 being a resolution approving submittal of the 1993 34 Ramsey County Score Funding grant application and entering 35 into a contract for this program. 36 37 Motion carried unanimously 38 39 10 . UNFINISHED BUSINESS 40 41 A. _Ordinance No. 1992-008 , Re: Signs (Third Reading) 42 43 The Mayor had checked with the City Attorney regarding the 44 definition of "noncommercial signs" as used in the ordinance . 45 46 The City Attorney noted that although "noncommercial signs" 47 has been used, he felt the word "political " would be 48 preferable and more accurately reflect the intent of this 49 section of the ordinance. 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 27 , 1992 3 PAGE 16 4 5 6 He advised this be replaced in three places in the ordinance . 7 8 It was stated that political signs are posted about three 9 weeks before the election . Mayor Ranallo and Councilmembers 10 Marks and Wagner felt this was adequate time. Councilmember 11 Fleming opposed the time being limited to three weeks noting 12 that this procedure takes such effort . 13 14 The Mayor suggested that the time could be placed at four 15 weeks . 16 17 The City Manager advised that the street right-of way issue 18 will be on a Council work session agenda. This is in reference 19 to the placement of political signs and has proven quite 20 difficult to enforce. 21 22 Councilmember Fleming stated she had raised the issue of 23 right-of-way because it should be self-contained. The sign 24 installers have to be given correct information. 25 26 The City Manager noted that this year all candidates but one 27 have contacted City Hall regarding this issue. 28 29 The Mayor felt this should be fifteen feet from the curb and 30 should be added to the ordinance. He also noted that the time 31 restrictions for political yard signs of four weeks before the 32 election and five days after the election should apply to the 33 School Board as well . 34 35 The City Manager stated that the date of amortization will be 36 left in the ordinance and the industrial zoning was 37 inadvertantly omitted from the draft . 38 39 Motion by Enrooth, second by Fleming to approve the third 40 reading and adoption of corrected Ordinance No. 1992-008 being 41 an ordinance relating to signs ; amending the St . Anthony 1973 42 Code of Ordinances by amending Chapter 14 . 43 44 Motion carried unanimously 45 46 11 . ADJOURNMENT 47 48 Motion by Enrooth, second by Fleming to adjourn the Council 49 Meeting at 9: 20 p.m. 50 1 REGULAR COUNCIL MEETING OCTOBER 27 , 1992 _ PAGE 17 4 5 6 Motion carried unanimously 7 8 9 Respectfully submitted, 10 11 12 Jo-Anne Student , Council Secretary 13 14 15 16 17 Mayor Clarence Ranallo 18 19 20 21 ATTEST: 22 City Clerk 23 24 25 26 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50