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HomeMy WebLinkAboutPL PACKET 03211995 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iaiaas Box: 20 Folder: PL PACKETS 1995 Document: PL PACKET 03211995 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA March 21 , 1995 7:00 P.M. Council Chambers I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JANUARY 23, 1995 PLANNING COMMISSION MINUTES. IV. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO MARCH 28, 1995 COUNCIL MEETING. V. PUBLIC HEARINGS. A. Myers Tire Supply, 3839 Chandler Drive; setback variance request. VI. REVIEW AND DISCUSSION OF COMPREHENSIVE PLAN., VII. MISCELLANEOUS UPDATES. A. Schroeder lot coverage request (3929 Fordham Drive). B. Proposed Community Center. C. Redevelopment of Apache Plaza. D. Banners. Vlll. ADJOURNMENT. I CITY OF ST. ANTHONY •2 PLANNING COMMISSION MEETING MINUTES 3 JANUARY 23 , 1995 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Chair Gondorchin at 6 7:05 P.M. 7 II. ROLL CALL. 8. Commissioners present: Bergstrom, Makowske, Gondorchin, Franzese, and Thompson. 9 Commissioners absent: Horst and Faust. 10 Also present: Michael Mornson, City Manager and Management Assistant, Kim 11 Moore-Sykes. 12 Chair Gondorchin requested that item III be moved to the end of the meeting following item VII. 13 IV. APPROVAL OF NOVEMBER 15, 1994 PLANNING COMMISSION MINUTES. 14 Motion by Makowske, second by Franzese,to approve the Planning Commission minutes of WNovember 15, 1994 with the following changes: 16 Page 5, Line 42: City Staff will verify spelling of"Mear(Mirror) Lake" and make needed 17 correction. 18 Motion carried unanimously. 19 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO COUNCIL'S 20 FEBRUARY 14, 1995 REGULAR MEETING. 21 Commissioner Thompson will represent the Planning Commission at the February 14, 1995 22 Council Meeting. 23 VI. PUBLIC HEARINGS.- 24 A. Lot split request for 3125 Croft Drive. 25 At 7:10 P.M., Chair Gondorchin opened the public hearing for a lot split request for 3125 Croft 26 Drive,which would allow this lot to be split into two R-1 lots (Single Family Residential). 27 Management Assistant Kim Moore-Sykes reported the owner of 3125 Croft Drive is requesting 28 this lot be split into two R-1 lots. Lot A will be formed by the proposed lot split and will have a total lot size of 19,206 square feet with access off Old Highway 8. Lot B, 3125 Croft Drive, is 4 situated on a cul-de-sac and has a frontage of 58.44 feet. She reported the existing home on 3125 31 Croft Drive was built in 1975. With the proposed lot split, Lot A will meet the zoning code but Planning Commission Meeting Minutes January 23, 1995 Page 2 • 1 Lot B will not. However, Lot B will be grandfathered in, as it was in existence before 8/2/76. 2 She stated on the revised plat map, the surveyor denoted how the flow of water will drain from 3 the property once the house is built. She explained that the owner of the property has indicated a . 4 40' x 60' house will be built and the placement of the house on the lot is approximately as 5 situated on the plat map. 6 Makowske inquired as to the significance of Torrens Property as referred to in a letter from 7 William Soth, dated January 17, 1995. 8 City Manager Momson explained that "torrens" is a legal term used when it cannot be 9 determined who actually owned the land. A hearing date will then be set and anyone who has 10 had anything to do with the land for the past 50 to 60 years will be notified. If no one objects, 11 the judge will clear the title and the owner can then obtain title insurance. 12 In response to Bergstrom, Moore-Sykes stated there were no variances required for this lot split. 13 She stated that the existing building on Parcel B is closer than 30 feet to the front lot line but 14 could be permitted as an existing nonconforming use. She also reported that Parcel A has an 15 existing garage that may not meet setback requirements but the Planning Commission can 16 recommend its removal as part of the lot split. 17 In response to Makowske, Moore-Sykes stated that the average lot depth of proposed Lot A is 18 140 feet from the front lot line and Lot B will be grandfathered in, as it has an existing house. 19 Roy Schmidt, 3256 Old Highway 8, stated he lives in the Townhouses facing the property Ms. 20 Kahn is intending to develop. He stated his concerns regarding drainage. He reported there is a 21 lot of water in that area now and they are pumping water continuously. He also inquired as to 22 how many levels the constructed home will have. 23 Chair Gondorchin inquired if they had been experiencing water problems ever since the structure 24 was built and if it was a constant problem. 25 An unidentified resident of the Townhouses stated the water problem was continual. She thought 26 it was an underground.water problem and also a run-off problem. She reported they have had to 27 install gutters and a sump pump, as the water does not seep into the ground. 28 Franzese asked if there was standing water in the lot. She asked Mr. Schmidt if he had seen the 29 survey done on the parcel. She stated that according to the survey, the water should run off the 30 lot. Planning Commission Meeting Minutes January 23, 1995 Page 3 1 Mr. Schmidt stated he had not seen the survey. Ms. Moore-Sykes showed the survey to him. 2 After viewing the proposed drainage flow pattern, Mr. Schmidt stated this was sufficient and he 3 did not have any further objections. 4 Ms. Kahn, Advanced Design, reported that she is the owner of the lot in question. She stated 5 there are no homes bordering this lot. There is a parking lot on one side of the lot. She reported 6 the drainage of the lot will not change with the new construction. The new lot will drain onto 7 Old Highway 8, not the Townhouse property or the easement on the other side. 8 Franzese asked if the headlights of vehicles leaving the Townhouses will be shining directly into 9 the proposed home. 10 Ms. Kahn reported that there are pine trees surrounding the entire lot and it is difficult to even 11 see the lot there. She stated she is building the new home for herself. 12 Makowske asked if the existing garage on Parcel A would be removed. 13 Ms. Kahn stated the existing garage would remain. She explained she will use the existing drive 4 off Old Highway 8 to service the garage and the new home with attached garage. She will 5 decorate the existing garage to coincide with the new home. 16 Gondorchin inquired how the lot would look from Old Highway 8. 17 Ms. Kahn explained that when construction was completed you would be able to see the 18 driveway, the new home, and part of the new garage through the trees. Ms. Kahn stated that the 19 sewer for the new home will connect directly to the mainline off Old Highway 8. She reported 20 the existing garage is 6.2 feet from the proposed new lot line which will meet the requirement of 21 a 5 foot setback. 22 In response to Gondorchin, Mornson stated that the lot coverage issue will be addressed when the 23 building permits are requested and was not part of the lot split request.. 24. Gondorchin asked what type of driveway would be installed for the new and existing garages. 25 Ms. Kahn explained that it depended how the house would lay out on the lot. She explained she 26 will not be using the existing garage for parking vehicles, so if it is impossible to tie the two 27 garages together without an enormous amount of concrete, she will not pave it, but leave it as it 28 is now. • Planning Commission Meeting Minutes January 23, 1995 Page 4 • 1 Susan Oslund, 3210 Old Highway 8, lives in the Townhouses across from the proposed lot split. 2 She stated she is concerned with having so many buildings in such a small area. She indicated it 3 is not a parking lot next to the lot but a driveway to access the townhouses. She stated she is 4 concerned with privacy, noise, and the aesthetics of the proposed project. 5 Ms. Kahn explained the lot was surrounded by trees which were not more than six to eight feet 6 apart. She did not feel the proposed structure would detract from the neighborhood or create a 7 noise problem. She stated the proposed structure would in fact add value to the neighborhood. 8 9 Chair Gondorchin closed the public hearing at 7:40 P.M. . 10 Motion by Makowske, second by Bergstrom to recommend City Council grant a lot split 11 variance for the property at 3125 Croft Drive into two (2)parcels, Lot A and Lot B with the 12 following conditions: 13 1. The proposed lots meet lot size requirements under city code. 14 2. The existing building on Parcel B is closer than 30 feet to the front lot line, but this is 15 permitted as an existing nonconforming use. 16 3. Sewer connections be separate for Parcel A and Parcel B. 17 4. All easements be in accordance with city code. 18 5. Before plat is made,evidence of title to the property must be submitted to the city. 19 6. All fees, including the City's engineering fees and legal fees, must be paid before the final 20 resolution approving the division will be signed. 21 7. The existing structure must be decorated to match the new structures. 22 8. The driveway must be in accordance with city code in regard to paving. 23 9. -- Drainage will be as shown on the plat map.. 24 10. - Access to the proposed Lot A will be from Old Highway 8. 25 Motion carried unanimously. 26 Chair Gondorchin urged Ms. Kahn to attend the City Council meeting on February 14, 1995 for • 27 the final commitment of their lot split request. 28 Planning Commission Meeting Minutes January 23, 1995 • Page 5 - 1 VII. MISCELLANEOUS. 2 A. Update on Schroeder lot coverage request (3929 Fordham Drive). 3 City Manager Morrison reported the Schroeders had requested a variance that was denied by the 4 Planning Commission and tabled by the City Council at their November meetings. He stated that 5 since that time, the Schroeders have been working with the neighboring property owners to try to 6 develop a land exchange so no variances would be necessary. There has also been direction from 7 the City Council to staff to redevelop the ordinance relating to land coverage. 8 Gondorchin suggested adding wording to the ordinance that would accept structures to 9 accommodate persons with handicaps. 10 B. Update on proposed City Hall/Community Center. 11 City Manager Momson reported that the proposed City Hall/Community Center will be 12 approximately 43,000 square feet. The new building will be more efficient than the current 13 building and approximately one-half of the new building will be used by the city, the other half 14 used for community services. He stated the new structure will be built in the existing area of 05 four tennis courts,the playground, and part of the parking lot. When the structure is finished, the 6 staff will move there,the existing building will be demolished and the tennis courts and parking 17 area will be rebuilt. He stated this is a twelve month project and construction is scheduled to 18 begin in May of 1995. 19 Franzese inquired as to who would own the activity room and the multi-purpose room and if 20 there would be storage in the multi-purpose room. 21 Morrison reported that the multi-purpose room will belong to the city and the activity room, 22 which is approximately 2,000 square feet, would belong to community services. The activity 23 room will be used for the orchestra,senior citizen activities, and village meetings. He stated 24 there is no area designated for storage but that the activity room is an open room and chairs can 25 be stacked and placed on the side when not in use. 26 C. Update on Apache Plaza redevelopment: 27 Morrison reported there has been no progress with the Apache Plaza redevelopment project. He 28 stated a property owner on Silver Lake has filed an appeal against the Rice Creek Watershed 29 District with the Soil and Water Board. He indicated that currently CUB and Apache are trying 30 to lock in a purchase agreement the bank will approve of. Planning Commission Meeting Minutes January 23, 1995 • Page 6 1 III. SELECT CHAIR AND VICE CHAIR OF THE 1995 PLANNING COMMISSION. 2 3 Chairman Gondorchin called for nominations for Chair of the 1995 Planning Commission three 4 times. 5 Commissioner Franzese nominated Commissioner Bergstrom for Chair. The second was made 6 by Thompson. 7 Motion by Franzese, second by Makowske to close nominations. g ]Motion carried unanimously. 9 Motion by Franzese, second by Thompson, to appoint Commissioner Douglas Bergstrom as 10 Chair of the 1995 Planning Commission. 11 Voting on the motion: 12 Aye: Franzese, Gondorchin;Thompson, Makowske 13 Abstention: Bergstrom 14 Motion carried. 15 16 Chairman Gondorchin called for nomination for Vice Chair of the 1995 Planning Commission 17 three times. 18 Commissioner Franzese nominated Commissioner Thompson as Vice Chair. The second was 19 made by Gondorchin. 20 Motion by Franzese, second by Makowske to close nominations. 21 Motion carried unanimously. 22 Motion by Franzese, second by Gondoichin;to appoint Commissioner George Thompson as . 23 Vice Chair of the 1995 Planning Commission. 24 Voting on the motion: 25 Aye: Franzese, Gondorchin, Bergstrom, Makowske 26 Abstention: Thompson 27 Motion carried. i Planning Commission Meeting Minutes January 23, 1995 Page 7 1 Chair Gondorchin thanked the members of the Planning Commission for their support during the 2 past year and expressed his congratulations to Commissioner Bergstrom and Commissioner 3 Thompson. 4 VII. ADJOURNMENT. 5 Motion by Bergstrom, second by Makowske to adjourn the meeting at 8:20 P.M. 6 Motion carried unanimously. 7 Respectfully submitted, 8 Lorri Kopischke 9 TimeSaver Off Site Secretarial STAFF REPORT DATE: March 21 , 1995 TO: Planning Commission FROM: Kim Moore-Sykes, Management Assistant ITEM: Rear Setback Variance Request for 3839 Chandler Drive BACKGROUND: The owner, Dane Teaman, of Myers Tire Supply, 3839 Chandler Drive is requesting a rear yard setback variance to locate a utility storage shed one foot from the rear property line. At the time Mr. Teaman was negotiating for the purchase of the building on Chandler Drive, he was planning to store a small inventory of product in the facility for distribution to wholesale customers. As a result, the owner was cited for fire code violations regarding the inside storage of flammable and hazardous materials. The owner was advised by the fire department of a number of options by which he could provide appropriate storage accommodations for the hazardous materials. These options included storing the materials outside the facility, • reducing inventory or building appropriate storage space within the building. The Assistant Fire Chief indicated that he advised the owner to call the City before doing anything about storage as he may be required to get a permit. Since there was not adequate space inside the building according to the fire code, the owner opted to store thesehazardous and flammable materials in an outside utility shed. Before contacting the City, he took delivery of an 8' by 8' wooden storage shed and placed it 1 foot from the south property line, thinking he was in compliance with the fire code. He was then contacted by the City's Building Inspector, as the utility shed was in violation of the City's zoning ordinance because the storage_shed was_inside the rear yard setback. According to the ordinance this 8' by 8' wooden utility structure is allowed as long as it is in the rear yard and not within three feet of the property line. Because of the existing structure and the configuration of the lot, this property has a 9 foot rear yard. The structure is in what is considered the property's rear yard but in violation because it is in the three feet setback area of the property line. Locating the shed on the south side of the facility causes it to either encroach onto the neighboring property or to be placed on a utility easement. Also adjacent to Myers Tire Supply's rear property line is an R-1, occupied structure. Requiring Mr. Teaman to locate the shed on the NE corner of the lot may not be agreeable with the resident to the east of Myers Tire Supply. Mr. Teaman has stated that • the resident has indicated to him that he does not want the shed there as it will seem that it is in his front yard. Apparently the previous owners of the Myers Tire Supply building had a trailer at that location and the resident complained. • RECOMMENDATION: 1.) Approve the request for a variance to locate a utility shed at 3839 Chandler Drive one foot from the rear property line. I have met with the owner, looked at the utility shed and walked the property looking for an alternate site that would be more appropriate. It appears that the property is configured in such a manner that he will need a variance no matter where the shed is located. Currently it is located at the loading dock site, which makes it more convenient and safe to load and unload the product. Moving the shed to another location will make it more difficult to move the product and more likely that a spill would occur. Mr. Teaman has already applied an epoxy on the inside floor of the shed so that any accidental spill or leakage will be contained inside the shed. He also installed a wooden lip at the door so that chemicals will not be leaked to the outside. He has stated that he will paint the exterior of the shed to match the existing building. I have spoken with the Assistant Fire Chief regarding the fire and hazardous spill dangers the shed might pose to the residence to the east of Myers Tire Supply. He stated that if the owner complies with some concerns he had, the shed is currently better situated should an incident occur. The fire vehicles have an easier access to the structure in case of fire or spillage because of its location on the loading dock . • They would also be better positioned to protect the neighboring residential structure from involvement at this location. Fee: (R-1............$ 60.00 • Other.........$100.00) CITY OF ST. ANTHONY Petition for Variance Applicant: MY /W T IW SUPPLY Address: 3839 CfIANX0 U21116, ST. ANWNY, MN Phone: 788-7888 Status of applicant (owner, buyer, renter, agent, etc.): O00 Street address and/or legal description of property petitioned for variance: 3839 CflANXC?i DW VC, SAINT 4NT#ONY ISN 175*42/ Zoning district in which property is located: LIGHT INDUSI-W& Request: PLACBJ+ICNT OF ONC 878' UTILITY ST01246 S#6D / ' FROM W R&1� PIWO ?TY LINO. Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets' if necessary. .:lr. Gam. j"�-� ` • ' •� � 1. Because of the particut6-'physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City.Ordinance and has not been created by any persons presently having an interest in the parcel of land. zeo&,4j • Sign ure of Applicant 0212-1 = 95A * 100 . 00V February 10 , 1994 • Myers Tire Supply 3839 Chandler Drive Saint Anthony, Mn. 55421 Saint Anthony Village 3301 Silver Lake Road Saint Anthony, Minnesota 55418- 1699 Evidence *for Variance to locate a utility storage shed at 3839 Chandler Drive one foot from the rear property line. 1665.06 Variances Subd. 3. Evidence. (a) Set back restrictions and placement of utility storage buildings are within the scope of this Subsection. (b) Strict enforcement would cause undue hardship because (1) I do not have the available space needed to comply with the requirements for storage of these products inside our building. (2) attempts to acquire specific requirements for our flammable storage prior to purchasing the property at 3839 Chandler Drive were ineffectual. On two separate occasions I was told that no requirements would be decided until we moved into the building. We had no way to know that our flammable storage requirements as mandated by Saint Anthony would require more space than previously required by the City of Saint Paul. (3) The requested location is partially concealed by the surroundings and seems to blend with the surroundings. I will upon approval paint the structure a color that will help maintain the essential character of the locality. (4) The chosen location and structure make our work place safer and fire or spill containment much safer and faster for the fire department.- (c) The circumstances causing this hardship are unique to this property because requirements for flammable storage exceed the amount of space available inside our building and placement of the storage building elsewhere on the property may alter the essential character of the locality. (d) The -granting of the variance is in keeping with the spirit and intent of the Zoning Code because this property is zoned LI . Section 1640.04 lists Accessory uses in the LI District. Paragraph (a). lists storage sheds as an accessory use upon approval by the council . It looks as if the -use of such storage in an LI District is a subject that has come u,p in the past and can be accepted. The storage building is commercially constructed in a Gambrel style using a shingled roof , cedar siding and a wood frame. The structure should not require any screening , landscaping , fencing or special drainage. • Thank you for your time in considering this matter. Please feel free to contact me should you have additional questions and by all means come by and look at the property for yourself. • Si c rely, ane Teaman Branch Manager • �ffi��vit of Ilnbliration etnte of Minnesota • ss. (fountg of Eamseg N Theodore Lillie being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as St Anthony Bulletin and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on Wednesday the 8th day of Mar. 19—9-5. and was thereafter printed and published on every to and including the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used In the composition and publication of the notice: 'abWefghijklmnopgrstwwxyz BY: TITLE: Subscribed and sworn to before me on this 9 -h day of Mar. , 19-9-5 Notary Public 'Alphabet should be in the same size and kind of type as the notice. STEPHANIE K MICHEL ^p 4,NOTARYPUBUC—MINNESOTA RATE INFORMATION `y R"EY COUNTY My Ca—SSiM Ex0ft JAN 31,2= (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . .$14.10 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . .$8.69 per col. inch • (3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . .$ per col. Inch ,C 1/95 CITY OF ST. ANTHONY NOTICE OF PUBUC HEARING,; TO WHOM R MAY CONCERN: +'.• Notice Is hereby given that the Planning Comffd m will hold a public hearing on Tues- day,March 21,1895 at 7:05 p.m.in the Cour- od Chambers of the City Hatt•3301 Suver Like Road(enter northeast owner)for the followipg • purpose:" Applicant:-. Dane Teaman.Branch Manager Myers Tire Supply PW" - Address: 3839 Chandler Drive Proposal: Setback variance of two feet to allow placement of an 6 foot by 8 fool utility storage shed one fool from the rear property Ilne. Anyone wishing to be heard with reference to the above matter will be heard at said t* and place.Questions regarding this matter yhwy be referred to the Management Assistant 789.8881.Auxiliary aids are available upon re- quest at least 96 hours in advance.Please ked the City Clerk at 789.8881 to make arrangements. - Kim Moors-Sykes Management Assistant ,(Bulletin:March 8.1995) 1� -- for 3839 Chandler Drive Happy's Potato Chips Bernard Blanske 3900 Chandler Drive 339 Tin Street, Apt. 421 St. Anthony, MN 55421 Henderson, NV 89015 Re: 3901 Foss Road Village Properties Marshall Screw Products J & T Enterprises 2817 Silver Lane 3820 Chandler Drive 3813 Chandler Drive St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Re: 3901 Foss Road Administrator of Veterans Affairs William Graff Clarence Gould Fort Snelling 3824 Foss Road 1295 Oakcrest Avenue St. Paul, MN 55111 St. Anthony, MN 55421 St. Paul, MN 55113 Re: 3824 Foss Road Re: 3820 Foss Road Gordon Schultz James Kadechka Jon Lindberg 1289 Roselawn Avenue West 3819 Chandler Drive 3821 Foss Road Roseville, MN 55113 St. Anthony, MN 55421 St. Anthony, MN 55421 Re: 3820 Foss Road_ Bruce O'Brien James Paul Ray Ehlers 3737 Foss Road 3739 Foss Road 3741 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Robert Welsh Maxine Griesert Phyllis Lanz 3743 Foss Road 3745 Foss Road 3747 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Roy Pearo Aleda Muller Darrell Lindman 3749 Foss Road 3751 Foss Road 3759 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Robert Patterson Leo Zaworski David Salzer 3761 Foss Road 3763 Foss Road 3757 Foss Road St. Antnony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Betty Hammond Janet Huser 3755 Foss Road 3753 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 i I ••utrirrY � '•. ti �SNED •�• I Ir gn ��� .r. 1 h•• .j t _...�5:. ' • ....•. �Itik •• I:r; y: y .I.I.J., ,f _- I m. JF �',; —� 1 •� 1 .. •.may. •1.'� �. . � � f I . . • � �I.•' C 111 �•I•. •� � � MEMORANDUM DATE: March 13, 1995 TO: Planning Commissioners FROM: Kim Moore-Sykes, Management Assistant ITEM: Banners Recently, a resident brought to the City staff's attention a concern regarding a violation of the City Code as it relates to banners. According to Chapter 14, the sign ordinance, a banner is allowable as a temporary sign as long as it adheres to the perimeters established by the ordinance, (1400.08, Subds. 10 and 32). It can not have a surface area more than 32 square feet; It can not be displayed for more than 30 days in any year; and " Permission from the City Manager is required. The.City Manager sent a letter with an explanation of the ordinance to the individual displaying the prohibited banner and requiring that the banner be removed. 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 JANUARY 10, 1995 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:01 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming. 9 Also Present: Michael Morrison, City Manager; Larry Hamer, Public Works Director; Kim 10. Moore-Sykes, Management Assistant; William Soth, City Attorney. 11 Mayor Ranallo expressed the council's sympathies to the families of Mrs. Enrooth, Bob Moses, 12 and Kenny Lee, for the loss of their loved ones. 13 III. APPROVAL OF JANUARY 10, 1995 COUNCIL AGENDA. 14 Motion by Wagner, second by Marks to approve the January 10, 1995 Council Agenda as 15 presented. 16 Motion carried unanimously. * IV. APPROVAL OF DECEMBER 13, 1994 COUNCIL MINUTES AND DECEMBER 14, 18 1994 TRUTH IN TAXATION HEARING MINUTES. 19 Motion by Fleming, second by Marks to approve the December 13, 1994 Council minutes with 20 the following changes: 21 Under Page 1, Line 30: Replace "Nedagaurd" with "Nedegaard". 22 Under Page 1, Line 31: Replace "Nedagaurd" with"Nedegaard". 23 Under Page 1, Line 32: Replace "Nedagaurd" with"Nedegaard". 24 Under Page 1, Line 33: Replace "Nedagaurd" with "Nedegaard". 25 Under Page 3, Line 27: Replace "Elmwood Lutheran" with "Elmwood Evangelical Free .26 Church". 27 Motion carried unanimously. 28 Motion by Marks, second by Enrooth to approve the December 14, 1994 Truth in Taxation 29 Hearing Minutes as presented. 30 Motion carried unanimously. 31 City Manager Mornson reported that there were three incumbents reapplying for the Planning Commission. They are Chris Makowske, Rosemary Franzese, and Doug Bergstrom. He stated that no one else had applied for the positions. City Council Regular Meeting Minutes January 10, 1995 Page 2 • 1 Motion by Marks, second by Enrooth to reappoint Chris Makowske, Rosemary Franzese, and 2 Doug Bergstrom to the Planning Commission for a three year terms. 3 Motion carried unanimously. 4 V. LICENSES/PERMITS/PETITIONS. 5 Motion by Marks, second by Wagner to approve the following licenses: 6 Heating License . 7 Associated Mechanical, Shakopee, MN 8 Budget Plumbing Corp., Eden Prairie, MN 9 Sharp Heating& Air Conditioning, Columbia Heights, MN 10 Contractors License 11 ATM, Inc. dba: Attracta Sign, St. Louis Park, MN 12 Motion carried unanimously. 13 VI. PRESENTATION'OF CLAIMS. 14 Motion by Wagner, second by Enrooth to approve the following claims: 15 A. Northwest Youth & Family Services in the amount of$2,500.00 for 1995 contribution. • 16 B. Metropolitan Area Management Association. in the amount of$2,313.00 for membership 17 renewal for the period of March 15, 1995 through March 14, 1996. 18 C. Association of Metropolitan Municipalities in the amount of$2,317.00 for membership 19 renewal for 1995. 20 D. Ramsey County in the amount of$90.65 for partial payment of truth in taxation. 21 E. Hennepin County in the amount of$361.32 for truth in taxation. 22 F. Dorsey & Whitney in the amount of$3,272.86 for legal services rendered through 23 November 30, 1994. 24 G. Stuart J. Bonniwell in the amount of$3,550.00 for auditing services rendered through 25 November 30, 1994. 26 H. Stuart J. Bonniwell in the amount of$2,130.00 for auditing services rendered for Liquor 27 Fund through November 30, 1994. 28 I. Maier Stewart & Associates in the amount of$396.49 for engineering services-rendered 29 October 30, 1994 through November 26, 1994. 30 J. Industrial Door Company in the amount of$4,514.00 for overhead door in the Public 31 Works Building. 32 K. Industrial Door Company in the amount of$11,132.00 for four doors in the Public Works 33 Building. 34 L. 11 Pages of Verified Claims as presented by the Finance Director. 35 Motion carried unanimously. • City Council Regular Meeting Minutes January 10, 1995 Page 3 1 Motion by Enrooth, second by Marks to approve Resolution 95-018, modifying the 1994 Budget 2 by a transfer of funds from Public Works, Maintenance and Repair, General Supplies, to City 3 Buildings, Maintenance and Repair, in the amount of$15,646.00 for payment to Industrial Door 4 Company for the installation of 5 doors in the Public Works Building. 5 Motion carried unanimously. 6 VII. PUBLIC HEARINGS. 7 A. 1995 Street Improvements Project(Resolution 95-012, re: Ordering Improvements 8 B. Assessments for 1995 Street Improvements (Resolution 95-013. re: Adopting and 9 Confirming 1995 Assessments ) 10 At 7:10 P.M. Mayor Ranallo opened the public hearing for a resolution ordering improvements 11 and adopting and confirming 1995 assessments for Crestview Drive, from 29th Avenue N.E. to 12 31 st Avenue N.E.; Armour Terrace, from Silver Lake Road to Crestview Drive; Bell Lane, 13 from Armour Terrace to Crestview Drive; and East Gate Road, from Crestview Drive to Rankin 14 Road. 15 Mark Anderson, Rieke Carroll Muller Associates, explained that his firm was hired by the City of St. Anthony to prepare plans and specifications for the construction of the project, provide construction survey inspections, and general engineering services during construction. He 18 reported that in the Fall of 1994, City Council authorized RCM Associates, to perform the 19 feasibility report for the project. The project will include reconstruction of city streets east of 20 Silver Lake Road between 29th and 31 st Avenues. The feasibility report wassubmitted to City 21 Council for review and they authorized plans and specifications to be prepared by RCM. In 22 December of 1994, RCM secured bids for the project. They received a number of bids and the 23 lowest bid received was from the same construction company who performed last year's street 24 improvements, which went very well. Anderson stated that once the bids are received, his 25 company becomes aware of what the final cost of the construction will be and at that time 26 calculates the assessments to the benefitted properties on the involved streets. The city then sent 27 notice of the assessments to the owners of the properties.' There were neighborhood meetings 28 held to.provide greater detail of the project. He reported that the project is scheduled to begin in 29 May of 1995 and will be completed the end of August 1995. He advised that there will be a 30 person on the street,throughout the project, who will serve as a resident contact. The residents 31 will be able to contact him.in person, or by pager or phone. Hewill work with the residents to be 32 sure their needs are being met. Mr. Anderson reported that residents will have access to their 33 property every evening and they will be notified if the access will be closed for a period of time. 34 Mr. Anderson then explained the procedure used for determining assessment costs to the 35 property. He stated the assessment is set up primarily by the city to convey part of the cost of the project to the benefiting owners. The benefiting owners are charged 35%of the costs based on the amount of front footage of the property. The city pays for the other 65%. In addition to 38 the assessment, there is a connection fee for the water main of$400.00 per lot, based on the cost City Council Regular Meeting Minutes January 10, 1995 Page 4 • 1 of reconnecting the services to the new water main. After bidding the project, the costs 2 associated are divided amongst the properties based on a front footage basis. This is the city's 3 adopted policy which has been in place for three years. This year the cost per foot for any given 4 lot is $30.20. This amount is multiplied by the front footage of the lot to calculate the amount of 5 the assessment and the $400.00 water service connection fee is added to that, to arrive at the 6 number that was presented to each owner through written notice. 7 Ranallo reported there had been three earlier town meeting with the neighborhood, with 8 approximately sixty people in attendance to discuss this upcoming street improvement project. 9 Mr. Harold Froehlich, 3016 Armour Terrace, stated that he lives on a cul-de-sac. He indicated he 10 had bought the lot in 1953 and built his home in 1955. He stated he has lived in St. Anthony for 11 forty years, been a member of the school board, and had always been proud of the St. Anthony 12 Village snow removal procedures,police protection, and utilities. He expressed that he feels the 13 formula the City Council devised to calculate the assessment amount for people living on cul-de- 14 sacs or large curbed lots is unfair, arbitrary, capricious, and autocratic. He questioned that he had 15 the smallest front footage in the village but was being charged the next to highest assessment. 16 He stated there is no relationship between the size of his backyard and the assessments to 17 improve the street. He stated that there is a discrepancy in the assessments of between$1,000.00 18 to $5,000.00. He indicated the entire neighborhood enjoys the cul-de-sac. It is used for overflow • 19 parking for others in the neighborhood. He stated that the whole village benefits from his large 20 backyard as it increases the oxygen in the air and the benefits of CO2 absorbed by it. He 21 indicated that the cul-de-sac does not benefit him personally, it benefits everyone in the village. 22 He agreed that access to a residence does have value. He stated that value is the basis of 23 everything in America and that he believes the assessments should be based on the value of the 24 individual's property. 25 Marks explained that in the past,the properties that would get the highest assessments were the 26 corner lots. He reported that three years ago,the council looked at the situation of the corner lots 27 because it did not seem fair and at that time,made a change to their assessment policy. The 28 question of the real benefits arise when dealing with assessments like this. This can differ 29 between parties. He reported that the council has discussed the possibility of charging all who 30 benefit from the street improvements, the same assessment, but they were not sure of the fairness 31 of that method either. He explained that the city is not being arbitrary or capricious but has tried 32 to look at the problem areas of previous projects and devise a formula that was fair to everyone. 33 Mr. Froehlich acknowledged that the intents of the city were good but pointed out that the results 34 were unfair. 35 Ranallo questioned that a property owner whose house was valued more than another's should 36 pay a higher rate for the same amount of street improvements. City Council Regular Meeting Minutes January 10, 1995 • Page 5 1 City Attorney Soth commented that basing a street improvement on the value of the property was 2 not typical, highly unusual, and possibly illegal. He stated that the assessments are related to the 3 specific benefit conferred to a piece of property. 4 Mr. Anderson, RCM Associates, explained that the numbers were calculated using the 5 assessment policy of the city. He stated that Mr. Froehlich lived on a cul-de-sac which serves 6 three parcels of land. This situation is different than a lot with a straight piece of property. The 7 lots on a cul-de-sac are typically narrow in the front and expand out in the back. He reported that 8 due to this and the additional cost of maintaining a cul-de-sac, it is not unusual for a city to 9 handle these lots differently. He stated that Mr. Froehlich's front footage was only 47 feet. He 10 explained that the policy attempts to weight that a little more, not only to compensate for the 11 street that is in front of his property, but also the cost of constructing the cul-de-sacs. He 12 explained that the method used to calculate cul-de-sac involves determining an average width to 13 the existing lot. This is done by taking the area of the lot and dividing it by the average length of 14 the two sides. This determines a front footage that would be comparable with a lot on a straight 15 street. He acknowledged that Mr. Froehlich has the highest assessment on the cul-de-sac but he 16 also has the largest lot on the cul-de-sac. 17 Fleming stated that she understood the basis of calculation but agreed with Mr. Froehlich. She asked how other cities determined their assessments. 19 Mr. Anderson explained that the method of calculation varied in each city. Every method of 20 calculation had benefits and also problems. He stated there are a lot of factors when determining 21 assessments and it could be argued one way or another with any assessment policy. He stated 22 that he believes there is a basis for the assessment being calculated this way. 23 Ranallo explained that when making this policy, the council, with the help of the State of 24 Minnesota, surveyed other cities and devised a way to calculate corner and curved corner lots, 25 and cul-de-sacs. The council then held public hearings regarding the policy. The city attorney 26 and various engineers,reviewed the policy and it was determined this was the fairest way to 27 determine assessments. He stated that the policy is not arbitrary and capricious. 28 Mr. Anderson explained this was not an uncommon method of determining assessments. 29 Fleming questioned if this was the best method of determining assessments. -She expressed that 30 she did not agree with basing the assessment on valuation of the property, as what is on the 31 property does not affect what happens on the street. 32 Marks explained the intention of the council was to devise a formula, which was easy to apply 33 and also recognized benefit to the owner. He agreed this was an imperfect system but was not sure how to improve it. City Council Regular Meeting Minutes January 10, 1995 Page 6 • 1 Mr. Froehlich stated that he would be satisfied if some type of average would be used to 2 calculate the assessment. He explained that his lot has only 47 feet front footage and this 3 formula increases his front footage to 130 feet. 4 Enrooth asked Mr. Froehlich what he felt would be a fair assessment. 5 Mr. Froehlich suggested taking all the lots around the cul-de-sac and averaging them out. 6 Enrooth stated that if this were done,the average would be approximately $3,200.00 to 7 $3,300.00. 8 City Manager Morrison reported that a survey had recently been performed and the 35/65 split 9 was one of the best in all cities. Most cities use a 50/50 split of the cost for improvements. He 10 also commented that there are no perfect systems for calculating easements. 11 Mr. Froehlich stated that he would be happy if the assessment was calculated on the figure of his 12 actual foot frontage doubled. 13 Mr. Jack Lower, 3012 Armour Terrace, stated that he lived next door to Mr. Froehlich and he 14 would be satisfied if the lots on that cul-de-sac were averaged out. • 15 Ranallo explained to Mr. Lower, if that method were used, his assessment would actually go up 16 $200.00. 17 Marks addressed the idea of basing the assessment on the value of the lot. He explained that in a 18 sense this was done, as 65% of the cost of the improvements is paid from the general budget 19 which is based on property values. 20 Dave Ferguson, 3101 Bell Lane, stated that he has submitted numerous letters to the council in 21 regards to this matter. He then explained that he lives on a corner lot and his assessment is 22 $4,170.00. He believes that he has one of the lower valued properties in the village. He stated 23 " that this is a neighborhood project. He has spoken with Malcolm Watson, an assessor, and Mr. 24 Watson relayed that a case could be made for this being a neighborhood project, and in that 25 regard the costs should be split evenly between everyone that benefits. 26 John Knutson; 3105 Bell Lane, stated that he has lived in St. Anthony since 1957 and has never 27 known the city to assess for street improvements before. 28 Ranallo indicated that the street Knutson lives on had probably not been rebuilt before. 29 Enrooth explained that streets had been maintained for years until it came to a point that streets 30 could no longer be maintained. He also stated there had been no major street improvement done 31 since 1957 until three years ago. Through a long.process, the council began evaluating the City Council Regular Meeting Minutes January 10, 1995 • Page 7 1 streets and realized if they didn't begin doing something,they would be faced with major 2 problems. 3 Ranallo reported that a committee had been formed, to evaluate all the streets and sidewalks in 4 the city. The committee rated the streets and sidewalks according to their disrepair and a plan 5 was put together that extends for 10-15 years. He explained that the street in front of Mr. 6 Knutson's house was done by the contractor when the house was originally built and the cost of 7 the street was added to the purchase price of the home. 8 Mr. Knutson asked why the assessment was not taken from the property taxes over the years and 9 what the method of payment would be. 10 Ranallo explained that the method of payment for the fees would be explained later. They could 11 be paid over fifteen years or all at once. He explained that if it was paid over the fifteen years, 12 there would be interest charged. He explained that up until 5-6 years ago, the city could not tax 13 for something and put into a different account, due to levy limits imposed by the legislature. 14 Lou Ellis, 3004 Armour Terrace, asked how existing landscaping and sprinkler systems that were 15 too close to the road would be handled. 06 Mr. Anderson explained that the project includes items for the restoration of the yards to the best 17 of the contractor's ability. Very good quality sod will be laid, but it will take time for it to grow. 18 Sprinkler systems that are too close to the road, will have to be removed from the work area and 19 will be reinstalled upon completion of the project. He asked that the property owners, please 20 notify the contractors ahead of time, to avoid any problems. He stated that it did not appear there 21 were any trees that would have to be removed due to this project. He explained there will be a 22 newsletter sent to the residents, one to two weeks prior to the commencement of the project, that 23 will explain what to expect. There will also be an update every two weeks. 24 Ranallo asked that residents with sprinkler systems, flag the head, so the contractors will know 25 the sprinklers are there. 26 Mr. Anderson explained that with the assessment policy, corner lot footage is based only on 27 100% of the short side and 30%of the long side. He also reported there are a few owners whose 28 front footage faces Silver Lake Road and only their side footage is on Armour Terrace. These 29 property owners are not paying anything for their front footage. These residents also get their 30 water access from Silver Lake Road, so they are not being charged the water main charge either. 31 Ranallo again stressed that there is no perfect system to satisfy everyone. Mr. Froehlich asked if these residents would be charged when Silver Lake Road was redone. City Council Regular Meeting Minutes January 10, 1995 Page 8 • 1 Ranallo stated that those assessments were done by Hennepin County and he did not know if 2 those residents would be assessed due to State and County Aid. 3 Wagner expressed his concern in changing policy midstream. He asked city attorney if it is legal 4 to do so. 5 Soth stated that it was legal to permanently change the policy but he would not recommend a 6 dramatic change. He did not recommend using a valuation method. The current policy is based 7 solely on front footage and is appropriate. He stated that for specific cases, such as cul-de-sac 8 and corner lots, if the council thought there was a better way to handle these, a change could be 9 made to that specific part of the policy. He stated a change could also be made to individual 10 assessments, if it was found that the policy produced an individual assessment that seemed 11 unfair. He then explained the appeal process. The individual would need to submit a written 12 objection to the assessment and then within 30 days, as stated in the notice, need to serve the 13 mayor's clerk and file notice with the district court. At the court proceeding,the individual will 14 have to be prepared to present evidence of the inappropriateness of the assessment. He explained 15 that if planning to appeal,the objection must be filed tonight. 16 Dr. Ferguson stated that he had investigated the appeal process and it does not pay off. 17 Fleming stated that she did not think that Mr. Froehlich had imagined when he bought the lot, • 18 with such small front footage,that he would be paying such a high assessment. She compared 19 his situation to a resident with a corner lot. She questioned if there was some other conclusion 20 the council could come to. 21 Anderson stated that if Mr. Froehlich's lot was a straight lot,he would have 130 feet of front 22 footage. 23 Fleming stated that this was not a straight street and she could understand Mr. Froehlich's 24 argument. 25.. Mr. Anderson,stated there is more street to be maintained in a cul-de-sac. 26- Mr. Froehlich again stated that the entire neighborhood benefits from the cul-de-sac, not just the 27 people living on it. 28 Marks noted that the project area was unusual and had many meandering streets. He could see 29 the difficulty in applying the policy and having it come out right. 30 Ranallo stated that there are cul-de-sacs and corner lots all over the city. 31 Marks stated that this particular area seemed more difficult than most. City Council Regular Meeting Minutes January 10, 1995 Page 9 1 Dr. Ferguson suggested dividing the cost of the project equally between all the homeowners as 2 this was a neighborhood project. 3 Ranallo asked if the large lot would then pay the same as a small lot. 4 Dr. Ferguson suggested that this was a neighborhood project and that all residents benefitted 5 approximately the same, depending on how they traveled. He stated it appeared the average 6 assessment was$3,200.00 and all residents should be assessed for the project. 7 Motion by Marks, second by Wager to close the public hearing at 8:07 P.M. 8 Motion carried unanimously. 9 10 In response to Ranallo, Marks reported there were five properties with assessments over 11 $4,000.00, including the water main connection fee. He stated that the assessments on the cul- 12 de-sac and Mr. Ferguson's corner lot really did seem high. 13 Wagner commented that the assessments for corner lots had been drastically reduced with the 14 new policy of 100% of short side and one-third of the long side. 0 Larry Hamer, Public Works Director, reported that the only other cul-de-sac that had been done 16 was on Croft and that was an overlay and not a reconstruct. 17 Enrooth suggested using the existing formula, but not to exceed an arbitrary number, such as 18 $3,500.00. This would be done for any assessments over$3,500.00. He stated there were five 19 such assessments. This figure could then be adjusted as needed each year. 20 In response to Ranallo, Soth stated that this would be legal to do. 21 Ranallo asked if the cul-de-sac was not to exceed $3,500.00, then would this number be adjusted 22 with each project and would it be necessary to hold public hearings on the issue. 23 Soth stated the assessments could be determined by the policy but then each individual 24 assessment could be addressed. If the policy provided a result that was not right, adjustments' 25 could be made on an individual basis. He stated the council can also change the policy for future 26 projects. He stated that the difference in fees would have to come from the general fund. 27 Motion by Fleming, second by Marks to change the estimated street assessment for the Harold 28 Froehlich property, located at 3016 Armour Terrace to $3,500.00 based on the fact it is a cul-de- 29 sac. Motion carried unanimously. City Council Regular Meeting Minutes January 10, 1995 Page 10 1 Ranallo asked if this would be setting a precedent. 2 Soth stated it was not. The same thing can be done with the next project. If after calculating the 3 assessments, there is a specific case that does not seem fair and related to the benefit, it can be 4 changed. 5 Motion by Wagner, second by Ranallo to approve Resolution 95-012, ordering improvements to 6 Crestview Drive, from 29th Avenue N.E. to 31 st Avenue N.E.; Armour Terrace, from Silver 7 Lake.Road to Crestview Drive; Bell Lane, from Armour Terrace to Crestview Drive; and East 8 Gate Road, from Crestview Drive to Rankin Road. 9 Motion carried unanimously. 10 Motion by Marks, second by Fleming to approve Resolution 95-013 adopting and confirming 11 1995 street improvement assessments and placing a cap of$3,500.00 similar in respect to the 12 cul-de-sac. 13 Wagner expressed his concern that there were many more corner lots in the village compared to 14 the amount of cul-de-sacs. 15 Enrooth added that the cap needed to be able to fluctuate in any given year. 16 Ranallo stated that the fees could not be moved to the other taxpayers in the city. 17 Enrooth stated there was no perfect system in regards to assessments. The appeal process was 18 still an option for residents. He felt the adjustment on the cul-de-sac was legitimate but there did 19 not seem to be basis for adjusting the fees on the corner lots. 20 Voting on the motion: 21 22 Aye: Marks and Fleming 23 Nay: Ranallo, Enrooth, Wagner 24 Motion failed. 25 Motion by Wagner, second by Enrooth to approve Resolution 95-013 adopting and confirming 26 assessments for various public improvements. 27 Voting on the motion: 28 Aye: Enrooth, Wagner, Ranallo, Fleming 29 Nay: Marks City Council Regular Meeting Minutes January 10, 1995 • Page 1 I 1 Motion carried. 2 Motion by Marks, second by Wagner to approve Resolution 95-014 awarding a bid for 1995 3 Street and Watermain Improvements to Midwest Asphalt of Hopkins, MN. 4 Motion carried unanimously. 5 Mr. Robert Thistle, Sprinsted Public Finance Advisors, explained the terms of the bond sale of 6 $825,000.00 in general obligation bonds, Series 1995A at a fifteen year issue. He stated that 7 based on the market at the time drafted, 6% interest with a 2%administrative cost, the bonds will 8 have a total 8-1/2%actual interest rate. The proceeds of the issue will be used to make the street 9 improvements discussed previously. He reported that repayment terms will be from February 1, 10 1998 to 2011. The bonds are optionally redeemable after the year 2006. He stated that the sale 11 date of the bonds will be February 14, 1995 at 1:00 P.M. City Council will then meet at 7:00 12 P.M. to hear the recommendation of the low bid. 13 Motion by Marks, second by Enrooth to approve Resolution 95-015 calling for the sale of 14 General Obligation Improvement Bonds, Series 1995A. 4VMotion carried unanimously. 16 VIII. REPORTS. 17 A. Mayor. 18 Mayor Ranallo reported the Ecumenical Community Celebration and Prayer Day would 19 be held, next Tuesday,January 17, 1995. He urged all to attend. He then announced the 20 next scheduled celebration, which will be the dance at Apache Plaza, scheduled for 21 February 11, 1995. The Wells will be offering a special steak dinner for$6.95. Tickets 22 will be selling for$3.00 in advance, $4.00 at the door. 23 . Ranallo also reported-his attendance ata meeting last night with the Community Early 24 Childhood Group regarding the process of remodeling in the building. 25 B. Council, 26 Wagner reported that the Community Early Childhood Group seemed very responsive to 27 the meeting and expressed their willingness to help in any way possible. 28 Wagner also reported that the Lions, Kiwanis, and Sports Boosters are planning to sponsor a Winter Fest in Central Park in early March with events for children and parents. City Council Regular Meeting Minutes January 10, 1995 Page 12 i 1 C. City Manager, 2 City Manager Mornson reported the tax assessing hearing (Board of Review) for 3 Hennepin County would be held on April 11, 1995 at 6:30 P.M. The City Council 4 Meeting would follow thereafter. 5 Mornson reported there had been no "on the job injuries" reported for St. Anthony city 6 employees for the year of 1994. 7 He also indicated that the January Planning Commission meeting had been rescheduled to 8 January 23, 1995. 9 IX. NEW BUSINESS 10 A. Resolutions: 11 1. Resolution 95-001.re: Designate Mayor Pro Tem. 12 Motion by Enrooth, second by Fleming to appoint Councilmember Wagner as Mayor Pro 13 Tem for 1995. 14 15 Voting on motion: 16 Aye: Ranallo, Enrooth, Marks, Fleming 17 Abstain: Wagner 18 19 Motion carried. 20 2. Resolutiori 95-002. re: Persons authorized to make city's banking transactions. 21 Motion by Marks, second by Wagner to approve Resolution 95-002, authorizing Mayor 22 Clarence Ranallo, City Manager Michael Mornson, and Finance Director Roger A. 23 Larson, Sr.,to make certain transactions regarding city financial accounts. 24 Motion carried unanimously. 25 3. . Resolution 95-003. re: Designate legal newspaper.. 26 Motion by Enrooth, second by Marks to approve Resolution 95-003, designating the St. 27 Anthony Bulletin(Lillie Suburban Newspaper) as the legal newspaper for the calendar 28 year of 1995. 29 30 Motion carried unanimously. City Council Regular Meeting Minutes January 10, 1995 • Page 13 1 4. Resolution 95-004. re: Cut-off date for public improvement petitions. 2 Motion by Fleming, second by Marks to approve Resolution 95-004, establishing March 3 15, 1995 as cut-off date for receiving petition for public improvements. 4 Motion carried unanimously. 5 5. Resolution 95-005. re: Designate official depository. 6 Motion by Marks, second by Enrooth to approve Resolution 95-005, designating First 7 Star St. Anthony Bank the official depository for city funds. 8 Motion carried unanimap&. 9 6. Resolution 95-006, re: Designate Public Health Officer. 10 Motion by Wagner, second by Marks to approve Resolution 95-006, designating Dr. 11 William Carr as the Public Health Officer for the City of St. Anthony. 12 Motion carried unanimously. 7. Resolution 95-007, re: Ranallo's participation in outside organizations. 0 Motion by Marks, second by Wagner to approve Resolution 95-007, acknowledging 15 Mayor Clarence Ranallo as a participant in outside organizations. 16 Motion carried unanimously. 17 8. Resolution 95-008. re: Mark's participation in outside organizations. 18 Motion by Marks, second by Wagner to approve Resolution 95-008, acknowledging 19 Councilmember George Marks as a participant in outside organizations. 20 Motion carried unanimousIy. 21 9. Resolution 95-009, re: Enrooth's participation in outside organizations. 22 Motion by Marks, second by Wagner to approve Resolution 95-009, acknowledging 23 Councilmember Enrooth as a participant in outside organizations. 24 Motion carried unanimously. 25 10. Resolution 95-010, re: Wagner's participation in outside organizations. 26 Motion by Marks, second by Wagner to approve Resolution 95-010, acknowledging 27 Councilmember George Wagner as a participant in outside organizations. Motion carried unanimously. City Council Regular Meeting Minutes January 10, 1995 Page 14 1 11. Resolution 95-011. re: Fleming's participation in outside organizations. 2 Motion by Marks, second by Wagner to approve Resolution 95-011, acknowledging 3 Councilmember Dorothy Fleming as a participant in outside organizations. 4 Motion carried unanimously. 5 12. Resolution 95-016.re: 1995 Ramsey County SCORE Fund Grant. 6 Motion by Marks, second by Enrooth to approve Resolution 95-016, approving submittal 7 of the 1995 Ramsey County SCORE Funding Grant application and entering into a 8 contract for this program. 9 Motion carried unanimously. 10 13. Resolution 95-019. re: 1994 Pay Equity Report. 11 Motion by Wagner, second by Fleming to approve Resolution 95-019, approving pay 12 equity implementation report. 13 Motion carried unanimously. 14 B. Memorandum of understanding for supplemental engineering_ services with Columbia 15 Heights. 16 Motion by Marks, second by Enrooth to accept memorandum of understanding for supplemental 17 engineering services with Columbia Heights. 18 Motion carried unanimously. 19 C. Proposal to perform engineering services for city's 1995 State Aid reporting_ 20 Motion by Marks, second by Ranallo to accept proposal from Rieke Carroll Muller Associates to 21 perform engineering services for city's 1995 State Aid reporting. 22 Motion carried unanimously. 23 X. UNFINISHED BUSINESS -None. 24 A: Ordinance 1994-008, re: Water rates(3rd reading_Z 25 Motion by Fleming, second by Marks to approve the third reading of and adopt Ordinance 1994- 26 008, relating to water rates, amending section 610.02, so as water bills will be computed 27 quarterly based on metered water used at the rate of$.90 per 100 cubic feet or any fraction 28 thereof, commencing January 1, 1995. 29 30 Motion carried unanimously. • City Council Regular Meeting Minutes January 10, 1995 Page 15 1 B. Ordinance 1994-009. re: Outside employment of City Employees 2nd reading_). 2 Motion by Wagner, second by Enrooth to approve the third reading of and adopt Ordinance 3 1994-009, relating to outside employment, amending section 300.006, subd. 1. so as no 4 employee shall work for more than one City department at a time, except in the case of 5 temporary emergency situations, and as ordered by the Department Heads of the affected City 6 departments, with the only exception being the Public Works employees who are daytime 7 Reserve Firefighters. 8 Motion carried unanimously. 9 Dr. Ferguson asked if there was an update on the CUB and Knox development. 10 City Manager Morrison reported there had been no word. He reported that Mr. Finn had filed an 11 objection with the Rice Creek Watershed District and that CUB Foods was still working with the 12 Welsh Co. trying to resolve some issues. 13 Mr. Thomas Schroeder, reported that he had a meeting with Mr.Nedegaard and Mr. Bochnak. 14 He stated that Mr.Nedegaard was not interested in working with the Schroeder's. He reported 15 that Mr. Bochnak may be willing to sell his property but the price he is asking is far above market value. He indicated that he and his wife have three choices. Either the variance be granted and they proceed with their plan, they purchase the property from Mr. Bochnak and 18 proceed with their plan, or they may purchase a property in New Brighton. Mr. Schroeder stated 19 that Mr. Bochnak is presently obtaining appraisals for the property and will be getting back to 20 Mr. Schroeder. 21 Ranallo advised Schroeder to contact Larry Hamer and City Attorney Soth when he had decided 22 what he would like to do. He advised Mr. Schroeder that the council wants to work with he and 23 Diane and resolve this issue as quickly as possible. 24 XI. ADJOURNMENT. 25 Motion by Marks, second by Enrooth to adjourn the meeting at 9:10 P.M. 26' Motion carried unanimously. 27 Respectfully submitted, 28 Lorri Kopischke 29 TimeSaver Off Site Secretarial 30 31 Mayor a ATTEST: 33 City Clerk 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES JANUARY 24, 1995 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming. 9 Also Present: Michael Mornson, City Manager. 10 III. APPROVAL OF JANUARY 24, 1995 COUNCIL AGENDA. 11 Motion by Marks, second by Wagner to approve the January 24, 1995 Council Agenda as 12 presented. 13 Motion carried unanimously. 14 IV. APPROVAL OF JANUARY 10, 1995 COUNCIL MINUTES. 15 Motion by Marks, second by Enrooth to approve the January 10, 1995 Council minutes as 16 presented. 17 Motion carried unanimously. 18 V. LICENSES/PERMITS/PETITIONS. 19 Motion by Marks, second by Wagner to approve the following licenses: 20 Contractors License 21 TEK Services, Minneapolis, MN 22 Motion carried unanimously. 23 Enrooth questioned what type of business TEK Services, Inc. was involved in. He stated that he 24 could not approve of a license if he did not know what type of business the company engaged in. 25 He asked that a brief_ statement be included with the license requests to explain what type of 26 - business they were. 27 Mayor Ranallo directed City Manager to include a brief statement-with the request for license to . 28- explain what type of business each company did. 29 Motion by Marks, second by Wagner to table contractors license for TEK Services, Minneapolis, 30 MN, until the February 14, 1995 Council Meeting when further information regarding the 31 company had been obtained. Motion carried unanimously. City Council Regular Meeting Minutes January 24, 1995 Page 2 • 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Enrooth to approve the following claims: 3 A. American Bank in the amount of$92,745.00 for final payment of 1990 equipment 4 certificate. 5 B. American Bankin the amount of$30,811.25 for 1993 street project. 6 C. American Bank in the amount of$18,873.36 for 1994 street project. 7 D. Rieke Carroll Muller Associates. Inc. in the amount of$1,866.81 for professional services 8 rendered from November 27, 1994 to December 31, 1994. 9 E. Hance, Iverson. Zappia. LeVahn. Berndt. & Desmond. Ltd. in the amount of$2,400.00 10 for services rendered in January 1995. 11 F. Five pages of Verified Claims as presented by the Finance Director. 12 Motion carried unanimously. 13 VII. PUBLIC HEARING -None. 14 VIII. REPORTS. 15 A. Mayor. aMayor Ranallo reported he met briefly with the Sports Boosters regarding the gym which 17 will be included in the proposed new City Hall /Community Center. The Boosters are 18 now requesting a 90' by 110' gym. He stated the Boosters have now committed to pay 19 $30,000.00 per year for the next five years to finance the gym. He encouraged members 20 of the Sports Boosters to attend the work session on February 7, 1995 as the architect will 21 be in attendance at that meeting. 22 Ranallo urged the members of the Council to meet with City Manager before the 23 February 7, 1995 work session to discuss any questions or suggestions regarding the 24 sketch of the proposed City Hall/Community Center, as the architect will be in 25 attendance at the February 4th meeting. 26 Ranallo reported the Ecumenical Community Celebration and Prayer Day for the.50th 27 year anniversary celebration went well. He stated the next event will be the dance at 28 Apache, scheduled for February 11, 1995. Tickets are available at City Hall and are -'29 $3.00 in advance and $4.00 at the door. . 30 B. Council, 31 Enrooth reported there will be a meeting in regard to the 1995 Village Fest on February 28, 1995. He asked if the Councilmembers had any ideas to improve the Fest this year. 33 Ranallo stated that he felt the Village Fest was an important tradition that brings the 34 community together. City Council Regular Meeting Minutes January 24, 1995 Page 3 IR C. City Manager, 2 City Manager Mornson reported the City has closed on the property at 3111 Silver Lake 3 Road. He stated a bid notice has been published and also sent to fifteen developers and 4 will be opened on March 1, 1995. He reported the lot on Coolidge Street had been sold 5 for$23,500.00. 6 Morrison stated that the Old Clark building is scheduled to be demolished tomorrow. He 7 reported that the fence will also be removed sometime this spring, when weather permits. 8 Morrison reported of a meeting with Police Chief, Dick Engstrom and Falcon Heights 9 City Manager to discuss the progress in Falcon Heights. He reported that Falcon Heights 10 has had numerous calls from residents expressing their appreciation of the increased 11 police force in their area. 12 Mornson reported that the tentative income for the liquor stores in 1995 is $68,000. He 13 stated that the Stonehouse and SAV I are showing the largest profits. 14 Mornson reported the Chairman and Superintendent of the School Board are meeting 15 tonight to set the referendum and discuss their position in regards to the new City Hall / Community Center building. He stated he hopes to have an update at the February 7, 1995 work session. 18 IX. NEW BUSINESS -None. 19 20 X. UNFINISHED BUSINESS-None. 21 Fleming stated she realized the reasoning for tabling the license requested by TEK Services, Inc. 22 but was concerned they were being penalized unfairly. 23 Marks stated the intent was not to penalize TEK Services,Inc. but to improve procedures used to 24 regulate these licenses. 25 XI. ADJOURNMENT. 26 Motion by Marks, second by Enrooth to adjourn the meeting at 7:25 P.M. 27 Motion carried unanimously. 28 Respectfully submitted, 29 Lorri Kopischke 30 TimeSaver Off Site Secretarial Mayor 33 ATTEST: 34 - City Clerk 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES 3 FEBRUARY 14, 1995 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming. 9 Also Present: Michael Mornson, City Manager. 10 III. APPROVAL OF FEBRUARY 14, 1995 COUNCIL AGENDA. 11 Motion by Enrooth, second by Marks to approve the February 14, 1995 Council Agenda as 12 presented. 13 Motion carried unanimously. 14 IV. APPROVAL OF JANUARY 24, 1994 COUNCIL MINUTES. 15 Motion by Marks, second by Wagner to approve the January 24, 1994 Council minutes with the 16 following changes: 17 Page 1, Line 22: Remove "Motion carried unanimously." 18 Page 2, Line 25: Replace "February 4th" with "February 7th". 19 Motion carried unanimously. 20 V. LICENSES/PERMITS/PETITIONS. 21 Motion by Marks, second by Enrooth to approve the following licenses: 22 Contractors License 23 TEK Services, Minneapolis, MN 24 Asphalt Driveway Company, St. Paul, MN 25 Reliable Tree Service Inc., Fridley, MN 26 Motion carried unanimously. 27 VI. PRESENTATION OF CLAIMS. 28 Motion by Marks, second by Enrooth to approve the following claims: 29 A. Dorsey& Whitney in the amount of$1,972.90 for legal services rendered through 30 December 31, 1994. 31 B. Rieke Carroll Muller in the amount of$543.50 for professional services rendered from January 1, 1995 to January 28, 095 for 1995 street reconstruction-design. City Council Regular Meeting Minutes February 14, 1995 Page 2 • 1 C. 4 pages of Verified Claims as presented by the Finance Director. 2 Motion carried unanimously. 3 VII. REPORTS. 4 A. Planning Commission -January 23, 1995. 5 1. Advanced Design Inc 3125 Croft Drive -Lot Split Request 6 Commissioner Thompson was present representing the Planning Commission. 7 Thompson provided a detailed report of discussion by the Planning Commission 8 regarding this request. Thompson reported that the Planning Commission had 9 unanimously recommended the City Council grant a lot split for the property at 3125 10 Croft Drive into two (2) parcels, Lot A and Lot B with ten conditions. 11 Marks confirmed that the lot split does not cause the front footage on Parcel B to have a 12 nonconforming use, but-that this was a pre-existing condition. He also questioned if there 13 was any geographical conditions that would be causing the water problems on this lot. 14 Thompson stated that he was not aware of any such conditions. He reported that the • 15 proposed building will not change the drainage as the water will be going to Old 16 Highway 8. He also stated that Mr. Roy Schmidt, 3256 Old Highway 8, who had initially 17 questioned the drainage, was satisfied after viewing the proposed drainage flow pattern 18 for the lot. 19 Motion by Marks, second by Wagner to approve the lot split for the property at 3125 20 Croft Drive into two (2)parcels, Lot A and Lot B with the following conditions: 21 1. The proposed lots meet lot size requirements under city code. 22 2. The existing building on Parcel B is closer than 30 feet to the front lot line, but 23 this is permitted as an existing nonconforming use. 24 3. Sewer connections be separate for Parcel A and Parcel B. 25 4. All easements be in accordance with city code. 26 5. Before plat is made, evidence of title to the property must be submitted to the city. 27 6. All fees, including the City's engineering fees and legal fees,must be paid before 28 the final resolution approving the division will be signed. 29 7. The existing structure must be decorated to match the new structures. City Council Regular Meeting Minutes • February 14, 1995 Page 3 1 8. The driveway must be in accordance with city code in regard to paving. 2 9. Drainage will be as shown on the plat map. 3 10. Access to the proposed Lot A will be from Old Highway 8. 4 Motion carried unanimously. 5 Thompson reported that the Planning Commission had received an update from the City 6 Manager in regard to the Schroeder lot coverage request(3929 Fordham Drive),the 7 proposed City Hall/Community Center, and the Apache Plaza Redevelopment. He also 8 reported Commissioner Douglas Bergstrom had been appointed as Chair and 9 Commissioner George Thompson had been appointed as Vice Chair of the 1995 Planning 10 Commission. 11 B. Mayor, 12 1. Appoint Council Committee for Ci1y Manager's Performance Review. 3 Motion by Marks, second by Wagner to appoint Mayor Ranallo and Councilmember Enrooth as council committee for City Manager's performance review. 15 Motion carried unanimously. 16 2. Banner for City's 50th Anniversary, 17 Ranallo reported that the advertising currently being done for the City's 50th Anniversary 18 Celebration included tags which are being placed on all letterheads and a large sign,made 19 by Larry Hamer, which was being placed in different areas throughout the city. 20 City Manager Mornson reported that the total cost of a new banner would be$2065.00. 21 He stated the city had not received a bid on recycling an old banner. 22 City Council consensus was reached to postpone the obtainment of a new banner. 23 Councilmember Enrooth indicated that he will consult with Signs by Northland as to the 24, possibility and cost of obtaining a used banner. . 25 Ranallo reported the annual appreciation dinner for the volunteers of St. Anthony has 26 been scheduled for April 20, 1995. He had investigated the possibility of holding the 27 event in the cafeteria but it appears to be more economical to have the event at a local 28 restaurant. He stated that prices of various restaurants were being evaluated at this time 4 and he would update the council further when a restaurant had been chosen. 30 Ranallo reported his attendance at a meeting held today with Chief Engstrom, City 31 Manager Mornson,the Mayors of Falcon Heights and Lauderdale, and their City City Council Regular Meeting Minutes February 14, 1995 Page 4 1 Managers to discuss the police activity since January. He reported that both cities are 2 pleased with the results thus far. He stated that Chief Engstrom would be meeting with 3 the three City Managers over the coming months. He reported that Chief Engstrom will 4 be organizing an Open House in the respective City Halls for citizens of Falcon Heights 5 and Lauderdale to meet the Police Officers of St. Anthony. In response to Marks, 6 Ranallo reported that the Mayor of Lauderdale has been riding along in the squad cars 7 quite often and the Mayor of Falcon Heights is planning to ride along also. 8 9 C. Council. 10 Wagner stated that he felt the dance at Apache Plaza on February 11, 1995 had been a* 11 success. 12 Ranallo indicated there were 265 people in attendance at the dance, including the 13 orchestra. He reported there were many more tickets sold than people in attendance. He 14 stated that with the tickets sold and the donations received from First Star Bank and First 15 Banks,the event was a success. -- 16 Fleming congratulated Mr. Robert Foster on his job of emceeing the dance at Apache and 17 stated it was nice to see so many people having dinner at Apache Wells. • 18 Fleming reported the renewal for the lease of the Library had been signed. She stated that 19 circulation has increased by 11.2%. She reported the issue plaguing the Library now is 20 space. She indicated there is room for the books but no room for the patrons. 21 Fleming reported her attendance at a Family Gathering Event held last Sunday at Nativity 22 Church. Dr. Hardel of Augsburg College gave the sermon regarding honoring children 23 and taking note of the young people around you. She felt it was an important event that 24 fit in with what is trying to be accomplished with the Health Community/Healthy 25 Family Committee. 26 Enrooth congratulated Don Perry and Kelli Friese on their efforts at making the dance at 27 Apache a success. He reported the plans for Village Fest are proceeding and Co- 28 Chairpersons have been appointed. 29 Marks commented on the memorandum received by Council from the Rice Creek 30 Watershed District. He indicated that he felt there should be a dash between "dump and 31 drain" on the signs put on the catch basins. He also commented on the idea of leaving a 32 ten to twenty foot unmowed buffer around the shoreline of the lake. He stated there is an 33 ordinance to this effect in Plymouth. He felt it would be good to encourage this in St. 34 Anthony as the strip would provide a natural filtration system and would be a low cost • 35 way to significantly improve the quality of the lake. City Council Regular Meeting Minutes February 14, 1995 Page 5 1 D. City Manager, 2 City Manager Mornson reported a survey had been conducted of New Brighton and 3 Minneapolis in regards to building, heating, and plumbing permit fees. He reported that 4 the St. Anthony fee schedule had not been updated for quite some time. He 5 recommended an ordinance be proposed to adopt the fee schedule of New Brighton for 6 plumbing and heating permits. 7 Mornson reported that direction had been given to the architect to put the plans for the 8 proposed Community Center/City Hall into booklet form for City Hall and the School 9 District. The plans will outline the existing structure in comparison to the proposed 10 structure. 11 Mornson reported it may not be necessary to hold a work session on March 7, 1995. He 12 also stated that the March 28, 1995 City Council Meeting would have to be rescheduled 13 to begin at 8:01 P.M., due to the referendum election. 14 15 E. Recognition of Contributors/ Supporters of the Drug Abuse Resistance Education 16 (D.A.R.E.) Program. 17 Chief Engstrom and Mayor Ranallo presented Firstar Bank of Minnesota with a plaque of recognition for their five years of contributions to the D.A.R.E. Program. Mike Dill was 19 present to represent Firstar Bank. He stated the bank and himself personally believe in 20 the D.A.R.E. Program. Chief Engstrom thanked Mr. Dill for the many things the bank 21 and the staff do to support the Police Department and the whole community. 22 Chief Engstrom and Mayor Ranallo presented Mr. Ted Holsten, St. Anthony Kiwanis, 23 with a plaque of recognition for their five years of contributions to the D.A.R.E. Program. 24 Mr. Holsten accepted the plaque on behalf of the Kiwanis. Chief Engstrom stated he is 25 proud to be a member of their organization and that without their help it would not be 26 possible for the D.A.R.E. Program to be a success. 27 Chief Engstrom and Mayor Ranallo presented Mr. Joe Sroga, Sroga Automotive, with a 28 plaque of recognition for his five years of contributions to the D.A.R.E. Program. Mr. 29 Sroga's son, Jason, accepted the plaque on behalf of Sroga Automotive. Chief Engstrom 30 stated the Sroga family has been involved in the community as long as he has known 31 them and thanked Jason for the support given to the D.A.R.E. Program. 32 Chief Engstrom and Mayor Ranallo presented Mr. Tim Mezzenga, Tracy Printing, with a 33 plaque of recognition for his five years of contributions to the D.A.R.E. Program. Mr. 34 Mezzenga indicated the Police Department had done a great job with the D.A.R.E. 35 Program and he was proud to help. Chief Engstrom stated that Mr. Mezzenga was a vital component in the D.A.R.E. Program and has helped make the Program a success by 7 doing all the printing at no charge. City Council Regular Meeting Minutes February 14, 1995 Page 6 1 VIII. PUBLIC HEARING -None. 2 IX. NEW BUSINESS 3 A. Resolution 95-021 re: Anuoint City_Prosecuting Attorneyfor or April 1. 1995 to March 31. 4 1996. 5 Motion by Wagner, second by Fleming to approve Resolution 95-021, appointing the law firm of 6 Foster, Ojile, Wentzell & Brever to perform prosecuting services for the City commencing April 7 1, 1995 and terminating March 31, 1996. g Motion carried unanimously. 9 B. Resolution 95-023 re: Sale of$825.000.00 Street Improvement Bonds, 10 Mr. Robert Thistle, Springsted Company, reported that four bids had been received on the bonds 11 with the lowest bid from First Bank Systems of 5.703%. In response to Ranallo, Mr. Thistle 12 informed.that any residents who are interested in purchasing these bonds should contact their 13 broker or the bank on the day of sale to see if any bonds are available. 14 - --- - - 15 Motion by Wagner, second by Marks to approve Resolution 95-023,relating to $825,000.00 16 General Obligation Improvement Bonds, Series 1995A; awarding the sale to First Bank Systems, 17 fixing the form and details and providing for the execution and delivery-thereof and security 18 therefor and levying ad valorem taxes for the payment thereof. 19 Motion carried unanimously. 20 C. Resolution 95-020 re: Public School Inspection Agreement. . 21 Motion by Marks, second by Enrooth to approve Resolution 95-020,authorizing the Mayor and 22 City Manager to execute the Public School inspection agreement. 23 Motion carried unanimously. 24 X. UNFINISHED BUSINESS -None. 25 XI. ADJOURNMENT. 26* Motion by Marks, second by Enrooth to adjourn the meeting at 8:00 P.M. 27 Motion carried unanimously. 28 Respectfully submitted, 29 Lorri Kopischke 30 TimeSaver Off Site Secretarial 31 32 Mayor • 33 ATTEST: 34 City Clerk 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 28, 1995 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Wagner, Fleming, and Enrooth(arrived at 7:12 P.M.). 9 Also Present: Michael Morrison, City Manager. 10 III. APPROVAL OF FEBRUARY 28, 1995 COUNCIL AGENDA. 11 Motion by Fleming, second by Wagner to approve the February 28, 1995 Council Agenda with 12 the following changes: 13 Under IX.NEW BUSINESS,add B. Resolution 95-024, re: Supporting Passage of the 14 "Minnesota Emerging Communications Services Act of 1995". 15 Motion carried unanimously. IV. APPROVAL OF FEBRUARY 10, 1995 COUNCIL MINUTES. Motion by Fleming, second by Marks to approve the February 10, 1995 Council minutes as 18 presented. 19 Motion carried unanimously. 20 Police Chief Engstrom was present at the meeting to introduce the new Police Reserves and to 21 present a plaque of appreciation to Alan Trombley who has resigned after seven years of service 22 as a Police Reserve Officer. Chief Engstrom stated that Mr. Trombley was a dedicated and 23 committed Reserve Officer. He stated that Mr. Trombley had been instrumental in founding the 24 reserve department. Chief Engstrom thanked Mr. Trombley for all he had done and stated that . 25 without his participation in the reserves,the department could not have been as good as it is 26 today. 27 Mayor Ranallo presented Mr. Trombley a plaque of appreciation of community service awarded 28 the City of St. Anthony and expressing the gratitude of the City Council. He thanked Mr. 29 Trombley and indicated the Police Reserve plays an intricate part in the City of St. Anthony. 30 Chief Engstrom indicated that the regular Police Department is able to be more functional as a 31 result of the commitment of the volunteer's service to the community. Chief Engstrom then 32 introduced the Reserve Officers,Lt. Bob Nehring; Gary Myrick, Sgt. Dick Hopperstead, Steve Bystrom, Jeff Speiss, Corporal Jody Bodway, and Shane Justen,who were in attendance at the meeting. Chief Engstrom also acknowledged Reserve Officers, Matt Steen, Senior Reserve City Council Regular Meeting Minutes February 28, 1995 Page 2 1 Officer Scot Rollie, Boyd Preston, Penny Owen, and Brett Letourneau, who were not able to 2 attend the meeting. 3 Councilmember Enrooth arrived at 7:12 P.M. 4 Lt. Bob Nehring and Sgt. Dick Hopperstead thanked Mr. Trombley for all his years of service 5 with the Reserves. They commented that his efforts were exemplary as Mr. Trombley neither 6 worked nor lived in the City of St. Anthony but volunteered thousands of hours to the city just 7 out of pride in doing the job. They then presented a plaque of appreciation to Reserve Officer 8 Steve Bystrom. They explained that Officer Bystrom had been a member of the Reserves from 9 April of 1993 through October of 1994 and had been instrumental in advancing the organization. 10 Mr. Steve Bystrom accepted the award and expressed his appreciation of being able to work with 11 the City of St. Anthony and all the members of the Reserves and the Police Department. 12 Ranallo announced that the Appreciation.Night for all volunteers was scheduled for April 20, 13 1995. He invited all Reserve Officers and their significant others-to attend. He thanked the 14 Reserve Officers for the work they do and encouraged them to continue the good work. 15 V. LICENSES/PERMITS/PETITIONS. 16 Motion by Marks, second by Enrooth to approve the following licenses: 17 Cigarette License 18 Snyder Drugs, St. Anthony Village Shopping Center 19 Stop N' Go, 37th and Stinson Boulevard 20 Apache Amoco, 37th and Silver Lake Road 21 Garbage Haulers License 22 Waste Management,Blaine, Mn 23 Larry's Quality Sanitation 24 Heating License 25 Allan Mechanical Inc.,Minnetonka, MN 26 Northwest Sheetmetal Company, St. Paul, MN 27 Service Station 28 Stop N' Go, 37th and Stinson Boulevard 29 Apache Amoco, 37th and Silver Lake Road 30 Don's Apache Auto Wash 31 Vending Machines 32 T.J. Enterprises, Minnetonka, MN 33 Motion carried unanimously. City Council Regular Meeting Minutes February 28, 1995 Page 3 1 Motion by Wagner, second by Fleming to approve a temporary 3.2 beer permit to Ms. Lori Rupp 2 LaFleur, Central Park, Block Party, July 22, 1995 and, also, to approve a 3.2 beer permit to Stop N' Go, 3 37th and Stinson Boulevard. 4 Voting on the motion: 5 Aye: Ranallo, Enrooth, Fleming, Wagner 6 Nay: Marks 7 Motion carried. 8 VI. PRESENTATION OF CLAIMS. 9 Motion by Marks, second by Ranallo to approve the following claims: 10 A. Ancom Communication. Inc.. in the amount of$5,754.56 for monitor equipment for St. 11 Anthony Fire Department. 12 B. 5 pages of Verified Claims as presented by the Finance Director. 13 Motion carried unanimously. 14 VII. REPORTS. A. Mayor, 16 Mayor Ranallo asked if the council had any changes to be made to the proposed volunteer 17 dinner list enclosed in their packet. Council consensus was reached to accept the list and 18 City Manager was so informed. 19 B. Council. 20 Wagner indicated that Winterfest was proceeding well. He explained the activities would 21 include golf,a milk carton sled race, ice sculptures, sleigh rides, and a hockey shootout 22 with prizes for all the events. There will also be hot cocoa and candy bars available. He 23 stated they are expecting approximately 200 children and parents to attend. 24 Fleming reported her attendance at the Library Meeting. She reminded the 25 councilmembers of the annual May book sale which will be held on May 6, 1995. She 26 explained that National Library week will be April 9th through the 15th. She stated that 27 as part of the National Library Week, Microsoft Corporation is offering one free CD Rom 28 version of the encyclopedia to any library who submits 25 or more 100 word essays 29 describing how the library has changed their life. These essays have to be submitted prior 30 to June 1, 1995. 31 Fleming reported her attendance at the first meeting of the Improving Community Life Committee. She reported the committees goal is to find ways to enable cities to become livable communities. She stated that Ann Higgins,League of Minnesota Cities gave an 34 informative legislative update on education and the impact in regard to the increase in City Council Regular Meeting Minutes February 28, 1995 Page 4 • 1 taxes for education. Fleming indicated that projections call for an 8.9% increase in 2 funding necessary for K-12 public education for the 1996-97 school year. State revenues 3 to the general fund are expected to increase by 5.9%for the same period while 4 expenditures required under current law are expected to increase total state spending by 5 6.6%. She stated that Governor Carlson has recommended establishing a Learning Gap 6 Program to combine revenues received by local school districts into a single block grant 7 of$150 million. The Senate is discussing abolishing the State Department of Education 8 to replace it with a Department of Children and Educational Services by July 1, 1996. 9 Fleming also reported she plans to attend the legislative conference at the Capital on 10 March 30, 1995. 11 Enrooth reported that he had discussed his concerns in regards to Williams Pipeline with 12 the Fire Chief of Roseville and had received positive response. 13 C. City Manager. 14 _ City Manager-Morrison reported there has been discussion with a realtor and a developer - 15 regarding the triangular lot on Old Highway 8 and 29th Avenue N.E. The area is a total 16 58,000 square feet and there are three structures located on the lot at the present time. He 17 stated there is a possibility of sub-dividing the lot into five lots. . 18 Mornson reported the bids for the property at 3111 close tomorrow at 10:00 A.M. and 19 will be discussed at the next H.R.A. meeting. He reported that the paperwork had all 20 been submitted for the property on Coolidge Street and a new house will be started by 21 May 1995. 22 He stated it will not be necessary to have a work session on March 7, 1995. He reported 23 that the proposed community center will be on the March 14, 1995 agenda and the Sports 24 Boosters will be invited to discuss the proposed gym. 25 Jim Kozarek, President of the Sports Boosters, stated they support the addition of gym 26 space in the community center and are willing to negotiate the size and funding. He 27 stated the Sports Boosters are concerned with the cost, the size, and the availability of 28 storage space. Mr. Kozarek stated that the Sports Boosters will only be utilizing the gym 29 for five months of the year and that other organizations will also be using the gym. He 30 was concerned that other organizations should also be supplying a portion of the funding. 31 Mr. Kozarek indicated he will return to the March 14, 1995 council meeting with the 32 fiscal amount the Sports Boosters can afford for the gym and the specific size gym they 33 will require. 34 Morrison reported the meeting with the Rice Creek Watershed District which was • 35 scheduled for March 9, 1995 has been rescheduled for March 21, 1995 at 10:00 A.M. He City Council Regular Meeting Minutes February 28, 1995 Page 5 1 also reported of a meeting on March 24, 1995, he and Larry Hamer will attend at the 2 TCAAP in Arden Hills,to receive a report on the cleaning out system they are utilizing. 3 Mornson called the Council's attention to a invitation distributed this evening to the 4 "What Goes Around, Comes Around...Maybe" workshop hosted by Community 5 Education. 6 Momson inquired as to how much time was allowed to businesses, for banners to be. 7 removed that were not within the city ordinance. Council consensus was that the banners 8 were allowed for up to 30 days with approval of the City Manager. 9 VIII. PUBLIC HEARING. 10 A. 1995 (Year)M )Urban Hennepin County Community Development Block Grant 11 Program(Resolution 95-022 ) 12 Motion by Marks, second by Wagner to open the public hearing for a resolution approving 13 protected use of funds for 1995 Urban Hennepin County Community Development Block Grant 14 Program at 7:49 P.M. Motion carried unanimously. 16 Mornson explained that this resolution was to allocate the $22,131.00 in funds from the 1995 17 Urban Hennepin County Community Development Block Grant. He stated that$6,000.00 of the 18 fund will be used for Senior Citizens Programs, $9,431.00 will be used for removal of 19 architectural barriers to play areas and the upgrade of play equipment in the city parks to ADA 20 standards, and$6,700.00 will be sent to Hennepin County for Single Family Housing 21 Rehabilitation for St. Anthony residents awaiting assistance. Mornson indicated there were two 22families waiting for assistance and this amount will fund both families. 23 Motion by Wagner, second by Marks to close the public hearing at 7:54 P.M. 24 Motion carried unanimously. 25 Motion by Wagner,second by Enrooth to approve Resolution 95-022, Approving Projected Use 26 of Funds for 1995 Urban Hennepin County Community Development Block Grant Program. 27 Motion carried unanimously, s City Council Regular Meeting Minutes February 28, 1995 Page 6 1 IX. NEW BUSINESS 2 A. Ordinance 1995-002.re: Plumbing. Heating. Air Conditioning Refrigeration Fees(fit 3 reading 4 Mornson explained that the fees had not been adjusted for quite some time. This ordinance will 5 simplify the calculation of fees. He stated the fees would now be similar to the fees charged in 6 New Brighton and less than the fees charged in Minneapolis. 7 Motion by Marks, second by Enrooth to approve the 1 st reading of Ordinance 1995-002, relating 8 to fees, amending fee Nos. 11 and 12 of section 615.07 of the 1993 St. Anthony Code of 9 Ordinances.. 10 Motion carried unanimously. 11 B. Resolution 95-024.re: Supporting Passage of the "Minnesota Emerging 12 Communications Services Act of 1995. 13 Mornson explained that the League of Minnesota Cities and the Minnesota Association of 14 - Community Telecommunications Administrators are promoting legislation-that would: 15 1. require any new telecommunications services to be subject to permitting requirements for 16 the use of public property and rights-of-way to deliver new communications services for 17 profit; 18 2. require any new telecommunications service to compensate municipalities for the right to e public right-of-way to deliver new services for profit; 19 us , ! ! 20 3. require any new telecommunications service to reserve capacity on its network for public 21 andg overnmental use; and 22 4. prohibit redlining of service territories. 23 In response to Marks, Mornson explained that the purpose of this legislation is to protect the 24 cable companies and maintain competition. Without this legislation,the telephone company 25 could take over the cable industry and operate with just the telephone lines. 26 Fleming explained that if the telephone companies take over the cable business the community 27 may lose all it's public access. 28 Ranallo added that there is a franchise fee that is paid by the cable companies. He expressed 29 concern that if the telephone companies take over,there will no longer be public or education 30 networks. 31 Motion by Ranallo, second by Fleming to approve Resolution 95-024, Supporting the Passage of 32 the "Minnesota Emerging Communications Services Act of 1995". City Council Regular Meeting Minutes February 28, 1995 i Page 7 1 Motion carried unanimously. 2 X. UNFINISHED BUSINESS-None. 3 XI. ADJOURNMENT. 4 Motion by Marks, second by Enrooth to adjourn the meeting at 8:00 P.M. 5 Motion carried unanimously. 6 Respectfully submitted, 7 Lorri Kopischke 8 TimeSaver Off Site Secretarial 9 10 Mayor 11 ATTEST: 12 City Clerk