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HomeMy WebLinkAboutPL PACKET 07211998 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 101486 BOX: ZO Folder: PL PACKETS 1998 Document: PL PACKET 07211998 CITY OF ST. ANTHONY PLANNING COMMISSION JULY 21, 1998 7:00 PM COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JULY 21, 1998 PLANNING.COMMISSION MEETING AGENDA. IV. APPROVAL OF JUNE 16, 1998 PLANNING COMMISSION MEETING MINUTES. ; V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE CITY COUNCIL. VI. PUBLIC HEARING. A. 98 — 09 ROBERT V. JOHNSON, GARAGE SETBACK PERMIT. VII. OTHER BUSINESS. 1. DICK KRIER, RLK KuusISTo, LTD., PLAN PROPOSAL. VIII. .COMMENTS. IX. ADJOURNMENT. I CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 3 JUNE 16, 1998 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 6 7:02 P.M. 7 II. ROLL CALL. 8 Commissioners present: Chair Bergstrom; Commissioners Gondorchin, Horst, Kaczor, 9 Makowske, and Thompson. 10 Commissioners absent: None. 11 Also present: Kim Moore-Sykes, Management Assistant. 12 1II. APPROVAL OF JUNE 16, 1998 PLANNING COMMISSION AGENDA. 13 Motion by Commissioner Gondorchin, seconded by Commissioner Horst,to approve the 14 Planning Commission Agenda for June 16, 1998 as presented. 15 Motion carried unanimously. 16 IV. APPROVAL OF THE MAY 19, 1998 PLANNING COMMISSION MEETING MINUTES. 17 Motion by Chair Bergstrom, seconded by Commissioner Gondorchin,to approve the May 19, 18 1998 Planning Commission Meeting minutes with the following change: 19 Page 2, Line 4: Replace "imperious" with "impervious". 20 Motion carried unanimously. 21 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE CITY 22 COUNCIL. 23 Commissioner Makowske was appointed as the Planning Commission representative for the 24 Tuesday, June 23, 1998, City Council meeting. 25 VI. PUBLIC HEARINGS. 26 A. 98-06 Wirth Companies- Subdivision of Property. 27 Chair Bergstrom opened the public hearing at 7:05 P.M. 28 Ms. Moore-Sykes reported that Mr. Tom Hanka of the Wirth Companies, submitted an 29 application to subdivide and replat Lot 1, Block 1, Beutz Addition, a vacant lot to the southwest _ 30 of Apache Medical Building. Mr. Hanka is proposing to split Lot 1, Block 1, Beutz Addition 31 and join 74 feet to the Apache Medical Building parcel,which is Lot 1, Block 2,Apache Plaza. 32 The remaining 74 feet of Lot 1,Block 1, Beutz Addition will be replatted to include the vacant 33 parcel, Lot 2,Block 2, Apache Plaza,that adjoins it to the east. Planning Commission Regular Meeting Minutes June 16, 1998 Page 2 1 Mr. Hanka has submitted copies of the documents to the City that indicate that the Wirth 2 Companies are current owners of record as the Wirth Companies or Stinson Boulevard Corp., a. 3 subsidiary of the Wirth Companies. The City Attorney has been given the proposed plat map 4 and copies of the deeds for his review. 5 Lot 1, Block 1, Beutz Addition is being subdivided and replatted to provide the Apache Medical 6 Building space for additional future parking needs and to combine the two vacant lots to increase 7 the square footage available for redevelopment of the newly replatted lot. An easement between 8 the current lots that allows access to the Apache Medical building will continue to be maintained 9 after the subdivision and replatting. 10 The combining of the two vacant lots will bring Lot 1, Block 1, Beutz Addition into compliance 11 with Chapter 15, Subd. 4., (1); of the City's Ordinance,which states that all lots must abut by 12 their full frontage on a public street. The replatting of the vacant lots creates a lot that meets the 13 minimum lot size requirement under the same Chapter. 14 Commissioner Makowske asked if this would change the driveway which was previously 15 determined to give Apache Medical Building street frontage. 16 Ms. Moore-Sykes stated that the City Attorney has determined that this driveway will still be 17 considered an easement and provide frontage, and the Apache Medical Building still meets all 18 the City Code requirements. 19 Mr. Hanka, Wirth Companies, reported this application had been delayed one month due to an 20 impending sale of the Apache Medical Building. However,this sale did not occur. The purpose 21 of the request is to provide'more area for Lot 2, Block 2, and make it more buildable under City 22 Codes. Mr. Hanks reported the easement is not an issue. It is rarely used but will remain in 23 place with the subdivision/replat. 24 Chair Bergstrom asked if this was a private easement which could be vacated. 25 Ms. Moore-Sykes stated this is correct. She noted however,that the Car Wash does depend on, 26 this easement to access 39'Avenue. 27 Chair Bergstrom closed the public hearing at 7:11 P.M. 28 Motion by Chair Bergstrom, seconded by Commissioner Horst,to recommend approval of a 29 Subdivision/Replat of Lot 1, Block 1, Beutz Addition owned by Wirth Companies, as presented 30 in the documents provided in the Planning Commission's packet. _ 31 Motion carried unanimously. 32 33 B. Planning Commission Regular Meeting Minutes June 16, 1998 Page 3 1 C. 98-08 Krause Anderson- Conditional Use Permit. 2 Chair Bergstrom opened the public hearing at 7:13 P.M. 3 Ms. Moore-Sykes reported that Bill Warner of Krause/Anderson has applied for a Conditional 4 Use Permit to locate Robodyne Corp. in the vacant building at 2550 Highway 88, formerly 5 known as the Town& Country grocery store. -In discussing the possibility of putting another 6 retail/commercial use at that site, Mr. Warner reported to the Planning Commission during a 7 concept review that he was unable to interest any potential tenant because vehicular access to the 8 St. Anthony Shopping Center is somewhat difficult and the rent/cost per square foot is too 9 expensive for many who would be interested. 10 Mr. Warner and the owner of Robodyne Corp., Mr. Joseph Alvitd, have stated that the vacant 11 building meets the expansion needs of Mr. Alvitd's computer development and research 12 company. Mr. Alvitd reported that he has researched relocating in the Industrial Park of St. 13 Anthony, but there is nothing available that meets his current or future business requirements. 14 Mr. Alvitd has stated that he will lease the building from Krause/Anderson for five years with an 15 option to buy at the end of the lease. He is also interested in purchasing other buildings in the 16 Shopping Center when and if they become available in the future. Robodyne has a 17 manufacturing facility in North Dakota and Mr. Alvitd has indicated that he intends to use the 18 proposed site for offices and computer research and program development. 19 Staff talked with the City Attorney regarding this request and he indicated that this use could be 20 allowed either as an allowable use if the City determined that the use is educational and will have 21 scientific research offices with no laboratories; or a permitted conditional use as computer 22 research and program development. He also indicated that the City may also deny the request 23 because the use is deemed incompatible with the other uses in the area. The City Attorney 24 advised that if the City approved the proposed relocation of Robodyne to this site; that they 25 should do so as a permitted conditional use. 26 Ms. Moore-Sykes read into record a letter received by the City from Rodney Johnson, Real 27 Estate Manager for St. Anthony Minneapolis Inc., dated May.28, 1998, stating that he was 28 adamantly opposed to the granting of the conditional use permit for the relocation of Robodyne 29 to 2550 Highway 88. 30 Mr. Alvitd stated he is still interested in the property. He stated he appreciated the letter from the 31 Real Estate Manager and understood why he was scared. However,he did not agree with the 32 letter and noted that Krause/Anderson has tried for a year to lease the property for commercial 33 use and has not been successful. 34 Bill Warner of Krause/Anderson stated he had gone to great lengths to secure a retail tenant for 35 this property and had also spent a lot of time and energy on the concept of a new building 36 containing a strip center with an end cap gas station on this site. Neither effort was successful. 37 He stated that an office use of property can stimulate growth and traffic as well as a retail use. Planning Commission Regular Meeting Minutes June 16, 1998 Page 4 1 He asked that the Commission consider his request. 2 Chair Bergstrom asked when Krause/Anderson had begun to market the site. 3 Mr. Warner stated the site has been actively marketed since June of 1997. 4 Chair Bergstrom closed the public hearing at 7:21 P.M. 5 Commissioner Horst stated he would decline discussion or voting on this issue due to his 6 relationship with Mr. Alvite. 7 Chair Bergstrom noted that Mr. Johnson has indicated that the Shopping Center is for sale. 8 Commissioner Horst stated this sale would include the entire shopping center with the exception 9 of the liquor store and the fire station. 10 Chair Bergstrom noted that the City is in the process of hiring a Planning Consultant to study the 11 whole south area of the City. If a conditional use permit is granted it may include a condition 12 related to expiration. Bergstrom stated that personally he was concerned with keeping,a viable 13 entity, especially a technological employer, in the community, He was inclined to vote in favor 14 of granting the conditional use. 15 Commissioner Gondorchin stated that he was much more concerned about the potential conflict 16 with the redevelopment plans for the south end of the City. He noted that Mr. Alvite proposes to 17 lease the property with the option to purchase after five years and there is a possibility that the 18 redevelopment plan will call for that property to be leveled. He suggested that the conditional 19 use permit not be granted unless it was for a very short period. 20 Chair Bergstrom stated that he agreed and suggested that the conditional use permit expire in five 21 years. 22 Commissioner Gondorchin asked if the knowledge that in five years there may not be an option 23 to purchase the property and that the lease money had not been applied to the purchase of the 24 building would diminish Mr. Alvite's interest in the building. 25 Mr. Alvite stated this would be contrary to the papers which he has signed with 26 Krause/Anderson. 27 Mr. Warner noted that the benefit of this agreement to Mr. Alvit6 is that his capital could be 28 better spent to expand his business at this time,rather than spent on the physical building. In five . 29 years, he would be offered a discounted purchase price on the building based on the rent money 30 injected, at a purchase price already agreed upon. Planning Commission Regular Meeting Minutes June 16, 1998 Page 5 1 Mr. Alvite noted that a significant infusion of cash will be necessary to make the building better 2 suited to fit his needs. He questioned the benefit to the developer if the building was purchased 3 from him or from Krause/Anderson. 4 Commissioner Gondorchin explained that if the conditional use permit expired in five years, Mr. 5 Alvite would no longer be able to operate his business. This use would not be allowed in that 6 location. 7 Chair Bergstrom stated this does not preclude the possibility that Mr. Alvite would be able to 8 operate. The City does not know what the redevelopment plan will include. He stated that the 9 City does genuinely want to keep Robodyne in the City of St. Anthony,they just do not know if 10 this use of the Town& Country site will be compatible with the redevelopment plans. 11 Motion by Chair Bergstrom, seconded by Commissioner Thompson to recommend approval of a 12 Conditional Use Permit to locate Robodyne Corp. in the building at 2550 Highway 88 for the use 13 Krause/Anderson has proposed as presented in the Commission's packet based on the following: 14 1. The proposed conditional use is a conditional use specifically allowed for this zoning 15 district. 16 2. The proposed use will not be detrimental to the health, safety, or general welfare of 17 persons residing or working in the vicinity or injurious to property values or 18 improvements to the vicinity. 19 3. The proposed use is necessary or desirable at the above location to provide a service or a 20 facility which is in the interest of public convenience and will contribute to the general 21 welfare of the neighborhood or community. 22 4. The Conditional Use Permit will expire five years from the date that it becomes valid. 23 Commissioner Gondorchin questioned the enforcement of the expiration of the Conditional Use 24 Permit and asked when Staff expected the redevelopment of the south end of the City to take 25 place. 26 Ms. Moore-Sykes stated she would check with the City Attorney prior to the Council meeting in 27 regard to the legality of the expiration of the Conditional Use Permit. She was not certain of the 28 timing of the redevelopment but noted that redevelopment will occur via voluntary sales and 29 possibly occur in five to ten years. She noted that one suggestion had been that the shopping 30 center be converted to office use. She indicated that she did'not know if the City will exercise 31 eminent domain rights to take property. 32 Commissioner Makowske asked if a condition should be included in regard to hazardous waste. 33 Chair Bergstrom stated there are State and Federal agencies who monitor this issue. Planning Commission Regular Meeting Minutes June 16, 1998 Page 6 1 Commissioner Gondorchin noted that the creation of hazardous waste would violate the 2 conditional use which is being approved. 3 Mr. Warner noted the lease with Mr. Alvite will not commensurate until February 1, 1999 to 4 allow improvements to be made to the building, including a new roof and facade. He asked if the 5 Conditional Use Permit could become effective on February 1, 1999 or the date that Mr. Alvite 6 opens for business, whichever comes first. 7 Chair Bergstrom questioned the consequence of delays in construction. 8 Mr. Warner stated he was confident that there will be no delays. The papers are signed. 9 Chair Bergstrom amended Condition#4 of the motion to state, "The Conditional Use Permit will 10 expire five years from February 1, 1999 or five years from the date that Mr. Alvite opens for 11 business, whichever comes first." Commissioner Thompson agreed to the amendment. 12 Voting on the motion: Bergstrom, Gondorchin, Kaczor, Makowske,Thompson voted aye. Horst 13 abstained. 14 The motion carried. 15 VII. OTHER BUSINESS. 16 A. Concept Review. 17 1. Proposed Residential Garage Expansion. 18 Ms. Moore-Sykes reported this resident had been advised of the concept review process and 19 asked to provide copies of a drawing of the proposed project. The resident has not submitted 20 anything for review by the Planning Commission. 21 This item was kept on the agenda because the resident was informed when the Planning 22 Commission meeting was to be held. No one appeared at the meeting to address this request. 23 2. Proposed Residential Garage Reconstruction. 24 Ms.Moore-Sykes reported that Robert Jensen, 2908 Roosevelt Street NE, is proposing to 25 remodel his home, remove an existing breezeway, and construct a new double-car garage. The 26 garage will be setback on the property and the driveway will be extended to that point. This will 27 require a lot coverage variance of 82 square feet for the driveway and the garage. The proposal 28 will also require a garage setback permit. 29 Chair Bergstrom questioned the side setback requirements for a garage setback permit. He also 30 asked if a variance would be required for the principal structure. 31 Ms. Moore-Sykes noted that the principal structure will not require a variance. The garage 32 setback permit allows a sideyard setback of three feet and the proposed structure will have a five Planning Commission Regular Meeting Minutes June 16, 1998 Page 7 1 foot sideyard setback. She noted that the garage setback permit also addresses issues such as the 2 proximity of the garage to other structures on adjoining properties, screening and vegetation, 3 approval of neighbors, and location of other garages in the area. It is similar to a.vanance 4 request in that it requires a public hearing. 5 Commissioner Gondorchin noted the proposed garage is 720 square feet. This is larger than a 6 standard double-car garage. Also the garage setback permit refers to a garage of no more than 7 528 square feet. He questioned the rearyard setback requirement. 8 Ms. Moore-Sykes stated the rearyard setback requirement is the greater of 20% of the depth of 9 the entire lot or 25 feet. The proposed garage has a 15 foot rearyard setback and is not in 10 compliance with the requirement. 11 Robert Jensen, 2908 Roosevelt Street NE, explained that the home is a small rambler with a 12 minimal amount of kitchen area. The addition will come off the breezeway and around the back 13 of the house. It will provide an expansion to the kitchen, a breakfast nook area in the place of the 14 current breezeway, and a family room. The garage is setback from the addition to provide room 15 to maneuver the cars into the garage. It is 30 foot deep to provide room for a workbench area in 16 the back. Mr. Jensen stated he had not been aware of the rearyard setback requirement. 17 Commissioner r-Gondorchin questioned the distance from the house to the front of the garage. 18 Mr. Jensen stated this distance is 23 feet. 19 Chair Bergstrom noted the garage is recessed seven feet from the south of the house. 20 Mr. Jensen stated this location is based on a sideyard setback requirement of five feet. The 21 garage could be offset a little based on the permitted three foot setback. 22 Chair Bergstrom explained that the City is sensitive to adding impervious surface due to the 23 flooding issues. He noted that the requested overage is generated primarily by the length of the 24 driveway and suggested_that the driveway be shortened by eight feet or narrowed by one foot. 25 He noted that the garage is 10 feet into the rearyard setback and suggested that the orientation or 26 location be adjusted to alleviate this. 27' Mr. Jensen noted the location of a tree near the proposed garage. He stated he would work with 28 the suggestions of the Commission. 29 Commissioner Horst noted that the plan does not appear to be drawn to scale and suggested that 30 this be done for the public hearing. He suggested that the garage either be scaled down or a 31 hardship be demonstrated as to why a garage of this size is necessary.. Planning Commission Regular Meeting Minutes June 16, 1998 Page 8 1 Commissioner Gondorchin asked if there were any structures on the adjoining properties located 2 in the same area as the proposed garage. 3 Mr. Jensen stated there are not. Both adjoining properties have the same layout as his property 4 currently has. 5 Commissioner Horst asked if Mr. Jensen had discussed the proposal with his neighbors. 6 Mr. Jensen stated the neighbors are aware of the proposal and seem to be comfortable with it. 7 One neighbor has offered access through his yard during the construction process. 8 Chair Bergstrom suggested that Mr. Jensen encourage his neighbors to attend the public hearing 9 or to send a letter of their opinion to the City. He stated the City is generally supportive of 10 type of improvement as it will enhance the entire community. 11 Commissioner Gondorchin encouraged Mr. Jensen to have a current survey performed before 12 initiating construction. 13 Chair Bergstrom recessed the meeting at 8:08 P.M. and reconvened at 8:10 P.M. 14 15 B. Interviews of Planning Consultants. 16 Bill Weber, Director of Community Planning, BRW, Inc. noted the written proposal which was 17 submitted to the City. He stated that he,Bob Kost, and Auggie Wong have substantial 18 experience in helping clients plan the development or redevelopment of commercial properties, 19 and have conducted several projects similar to this one. He suggested that the St. Anthony 20 Shopping Center's days are numbered. The site has great possibilities and provides an 21 opportunity to do something special as it occupies a special location as a gateway to the west side 22 of the City. He noted that he and Mr. Kost provided planning assistance for an aging shopping 23 center on Bass Lake Road in Crystal, for the Linden Hills area, and the area of 501 and France 24 Avenue in Edina. BRW advocates the urban approach to design and believes it should have a 25 civic and pedestrian orientation. He noted that he has worked with the City of St. Anthony since 26 1980,has built good trust and has a desire to retain his relationship with the City. 27 Chair Bergstrom asked Mr. Weber if most of BRW's work had been with municipalities. He 28 also asked that in a situation where neither the City nor BRW has control over the property how a 29 redevelopment is implemented. 30 Mr. Weber stated that all the locations which he had assisted with redevelopment have been 31 municipalities. He explained that redevelopment can be initiated through the land use plan,the 32 zoning ordinances, or public improvement to streets.. The City can also have some type of 33 participation in the project including the creation of a TIF District or creation of a park or a civic 34 project. The City can become an equity partner in the project. The City can also exercise their Planning Commission Regular Meeting Minutes June 16, 1998 Page 9 1 eminent domain powers for the public purpose of redevelopment and then sell to a private 2 developer to implement the plan. 3 Commissioner Horst asked if any part of this plan would take into account the tax implications of 4 business versus residential. 5 Mr. Weber stated this was not included in the proposal as he understood the City's request to be 6 for concept stage planning. However, BRW has provided this service on previous occasions. 7 Commissioner Horst asked how the proposed process varied from the Comprehensive Plan 8 process which was just completed. 9 Mr.,Weber stated this is a more detailed level of planning. It would include planning the 10 arrangement of buildings,the type of buildings, providing sketches of the plans, and attendance 11 at four to five meetings. He noted discussion of the tax implications could be included very 12 easily. 13 Commissioner Horst stated that earlier in the meeting the Real Estate Manager of the Shopping 14 Center had stated in a letter that he believed that retail use was still an appropriate use for the 15 shopping center. Horst stated that as a business owner he agreed. He wished that the planners 16 would look at the center with an open mind. 17 Commissioner Gondorchin explained the Robodyne request. He also noted that the shopping 18 center is currently for sale. 19 Commissioner Horst noted that the shopping center has been for sale for a couple of years. He 20 also explained to Mr. Weber that Mr. Alvitd envisions a technical park in the shopping center 21 area. He suggested that this vision may not be compatible with the vision of the Planning 22 Commission, City Council or BRW. 23 Mr. Weber stated that was not the use for the area which came to his mind. He suggested that 24 office use may be appropriate for the area. Mr. Weber explained that his role in the process . 25 would be to.facilitate discussion, bring ideas,provide sketches, and help the group to brainstorm. 26 Chair Bergstrom questioned the "next step" after viable ideas had been developed. He asked if 27 BRW would obtain the developers. 28 Mr. Weber stated this was not included in the proposal. However,BRW can act as an advisor in 29 that process. He suggested that the planning process would include talking with the various 30 owners of the area and obtaining their input,determining one to three ideas,testing the 31 marketplace, and then moving forward with acquisition of property, etc. 32 Chair Bergstrom thanked Mr. Weber for his presentation. Planning Commission Regular Meeting Minutes June 16, 1998 Page 10 1 C. - Status of Comprehensive Plan Update. 2 Bill Weber, BRW, Inc. stated he expects to receive a response from the Metropolitan Council the 3 'first part of July and the City Council can then approve the final version of the Comprehensive 4 Plan Update. 5 B. Interviews of Planning Consultants - Continued. 6 Ms. Moore-Sykes reported RFPs had been submitted to seven companies and two responses were 7 received within the deadline. She also noted that City Manager has been contacted by Wendell 8 Smith and a meeting is scheduled with him on Wednesday morning. City Manager has informed 9 Mr. Smith that he has missed the deadline and Mr. Smith has stated that he did not realize this. 10 Chair Bergstrom stated there is a large disparity between the two proposals which were received. 11 He noted that DSU had applied for the Comprehensive Plan Update and suggested that an RFP 12 be.submitted to them. He asked if the Commissioners had any other companies in mind. 13 Commissioner Makowske stated he would not be comfortable that this would be money well 14 spent without looking at other options. 15 Ms. Moore-Sykes stated she would look at the list of companies who received the RFP for the 16 Comprehensive Plan Update. 17 VIII. COMMENTS. 18 Commissioner Gondorchin again suggested that the City place an advertisement in the Bulletin 19 requesting the resident's plan for the south end of the City. He noted there could be hidden talent 20 in the Village and this would also provide citizen input. 21 Ms. Moore-Sykes stated she would investigate this idea. 22 Commissioner Gondorchin apologized for missing the Ice Cream Social -Parks Meeting event. 23 Commissioner Kaczor reported his attendance at a VillageFest meeting on June 1, 1998. He 24 noted the committee is looking for volunteers for the sponge throwing event and suggested that 25 participation in the event may be.a way to provide exposure to the Planning Commission. 26 Commissioner Kaczor reported he has been in contact with the Public Works Director and the 27 trees which are being removed for installation of the tennis courts will be replaced and the courts 28 will be open for the VillageFest tournament. 29 Commissioner Kaczor reported his attendance at the Ice Cream Social event and stated there was 30 a huge number of residents in attendance. He supported Gondorchin's idea of citizen input and 31 suggested that a box for submittal of ideas could be included at VillageFest. . 32 Commissioner Kaczor noted the noise from airplane traffic last Sunday and stated this may Planning Commission Regular Meeting Minutes June 16, 1998 Page 11 1 increase substantially with the opening of the north-south runway. 2 Commissioner Gondorchin suggested the possibility of having a piece of park equipment on 3 display at VillageFest as an opportunity to solicit funds for the equipment. 4 Commissioner Makowske apologized for missing the last two Commission meetings. He 5 reported that the Storm Water Task Force has folded barring any new problems: There will be a 6 social event on June 27 which is being hosted by Councilmember Faust and his wife, Diane. 7 Commissioner Makowske reported that the St. Anthony Civic Orchestra recently held two major 8 concerts, one with the Sister City Band of Salo, Finland and one for the purpose of fund-raising. 9 Both events were very successful. 10 Commissioner Makowske noted there has been a lot discussion in regard to empty buildings in 11 the Industrial Park and asked if there was anything the City can do to help remedy this situation. 12 He noted this would appear to be an ideal location as it is near the downtown area. 13 Ms. Moore-Sykes stated she was not aware of, and did not sense a need for assistance in that 14 area. 15 Commissioner Makowske stated he hoped that as the City starts to look at the south end of the 16 City it will go beyond ideas and take action. 17 Commissioner Thompson stated he was impressed with the landscaping at the Freedom Gas 18 Station site. 19 Chair Bergstrom stated he is involved with the Cub Scouts and Boy Scouts in the area and they 20 recently held their Scouting for Food Event. As a result of this event, 2,091 pounds of food from 21 the City of St. Anthony were delivered to the SACA house. 22 Ms. Moore-Sykes reported the Blanske Brothers, who built the Mini Storage and the townhouses 23 across from Goodyear on Silver Lake Road, are interested in the City-acquired property on 24 Kenzie Terrace. They are considering single-level townhouses and will be meeting with Staff to 25 discuss this further. 26 Chair Bergstrom questioned the status of the Point-of-Sale Ordinance. 27 Ms. Moore-Sykes stated the proposed Ordinance was discussed by the City Council at a Work 28 Session and will again be presented for consideration to the Planning Commission. 29 Chair Bergstrom reminded the Commission of the Work Session scheduled for July 16 at 6:00 30 P.M. to discuss implementation of the Comprehensive Plan. He asked the Commissioners to 31 look through the Plan and come prepared with ideas. Planning Commission Regular Meeting Minutes June 16, 1998 Page 12 1 Ms. Moore-Sykes reported that the City Council passed a resolution of intent to adopt a Storm 2 Water Management Ordinance. The resolution has been forwarded to.the Metropolitan Council. 3 They have placed the formal review of the Comprehensive Plan Update on the fast track and it 4 should-be approved and retumed,to the City in the first part of July. 5 6 IX. ADJOURNMENT. 7 Motion by Commissioner Horst, seconded by Commissioner Thompson, to adjourn the meeting 8 at 8:55 P.M. 9 Motion carried unanimously. 10 Respectfully submitted, 11 Lorri Kopischke 12 Timesaver Off Site Secretarial, Inc. STAFF REPORT DATE: July 21, 1998 TO: Planning Commissioners FROM: Kim Moore-Sykes, Management Assistant ITEM: 98-09 Garage Setback Permit and Variance to the Size for the Proposed Garage at 2908 Roosevelt St. NE BACKGROUND: Robert and Doreen Jensen, owners of 2908 Roosevelt Street NE, have submitted a request for a Garage Setback Permit in order to construct a detached double car garage. There is currently a single car garage attached to the residence. The Jensen are proposing to remodel the house and construct the detached garage set back from the primary structure 23 feet so that he can store other miscellaneous vehicles and equipment. ANALYSIS: According to the drawing submitted by Mr. Jensen, the proposed garage.will be constructed in the sideyard setback located on the north side of the property, leaving three feet to the property line. Front and rear setbacks will be maintained according to the requirements of the City's Zoning Ordinance. Staff advised Mr. Jensen to talk with his neighbors about his proposed garage construction. Mr. Jensen will also need a variance as part of this garage setback permit request because the proposed garage is 24 feet by 30 feet and is 720 square feet. Section 1650.02, Subd. 6 of the City's Ordinance states that the garage will cover an area of no more than 528 square feet and will not have a dimension greater than 24 feet located either on the sideyard or rear yard. Mr. Jensen is proposing to build the garage larger than allowed by Ordinance so that he can store recreational vehicles and other equipment. The lot coverage of the proposed project is 34.9%, including the driveway and sidewalk and is within the City's 35.% lot coverage restriction. Staff has received no calls or other communications stating opposition to the Jensen's proposal. Aaase 178$ rl s-Ir 1 3801 V 35 0 1�iS'r ,bn s3v < " lot � H®fie 5> o� 6cq DATE: — s 1 FEE: $60.00 CITY OF ST. ANTHONY APPLICATION FOR GARAGE SETBACK PERMIT APPLICANT: Rober4 -T-e en PHONE: ADDRESS: C J�oOSeve.. S� o . M r\• SS /r3 Location of property where application is made: M /` Zoning district in which property is located: Using additional sheet(s) of paper, please briefly address the following items: In granting or denying the setback permit, the Council will consider the following: (1) proximity of the garage to any structures on the adjoining property, (2) the extent of vegetation or other screening on the subject property and the adjoining property, (3) the effect of the structure on the light and visibility available to the adjoining property, (4) matters of fire safety, (5) the existing garages on the adjoining property, (6) the ability to locate garages elsewhere on the subject property, and (7) any other matters which may be relevant to the degree of encroachment into the setback which is being requested by the applicant. PLEASE INCLUDE A DETAILED SITE PLAN. A SURVEY WILL BE REQUIRED IF THE PROPERTY LINE CANNOT BE VERIFIED. SIGNATURE OF APPLICANT: RG U i,asuau vaovaa p 612-788 ®U1 2904 Pentagon Dr. St. Anthony Shopping Center St. Anthony,Mn. 55418 re, Flowers,Arrangements and Gifts for All Occasions 14 July 98 To the St. Anthony City Council St. Anthony City Hall 3300 Silver Lake Road St. Anthony, MN 55418 Sirs; We would like to express our thanks to you for your recent decision concerning the St. Anthony Shopping Center. We are happy you want to keep the center for retail, not industrial. Here at Flowers in the Village, we have worked hard to build our business by providing a quality product and a valuable service to the St. Anthony area. We appreciate your efforts in supporting us and the center with your quest to find a suitable retail shop. We know it will benefit the center and the St. Anthony residents. It-has been stated how much the area really misses the grocery store. It is missed not only for the convenience of buying food, but also as,a gathering place for the neighbors at the deli. I hope there is some food service available at the next retail shop such as a coffee shop or deli. It is a great place for the community to get together. _ As you continue to work to find a new retail shop.for this location, we hope you will not. , only consider the needs of the residents, but will also consider the needs of the current shopping center stores and service centers. We hope you will find a retail business that will attract traffic into the St. Anthony Shopping Center. This will help those of us that have continued to provide for the St. Anthony area since the closing of the Town and Country and will help the people of St. Anthony as they shop in St. Anthony. Thank you again for your support of Flowers in the.Village and the St. Anthony Shopping Center. The staff at Flowe in the Village Don Schiller Laura Olson I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 9, 1998 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 H. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks,Faust, Cavanaugh, and Thuesen. 9 Also Present: City Manager Mike Mornson. 10 Councilmembers Absent:None. 11 III. APPROVAL OF JUNE 9, 1998 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Thuesen to approve the June 9, 1998 Regular Council Meeting 13 Agenda with the following changes: 14 Under V. Licenses/Permits/Petitions, add: A. Resolution 98-051, re: Approving the One Day 15 Activity Application for Charitable Gambling at the St. Anthony Villagefest. 16 Under VI. Presentation of Claims, add: E. Commissioner Mark Stenglien. 17 Under VII. Reports, add: 1. Resolution 98-049,re: Accepting a COPS Universal Hiring Program 18 Grant Award; and 2. Resolution 98-050,re: Authorizing the Hiring of Two.Part-time Community' 19 Service Officers. 20 Motion carried unanimously. 21 IV. APPROVAL OF MAY 26, 1998 REGULAR COUNCIL MEETING MINUTES. 22 Motion by Marks, second by Faust to approve the May 26, 1998 Regular Council Meeting 23 Minutes as presented. 24 Motion carried unanimously. 25 V. LICENSES/PERNHTS/PETITIONS. 26' Motion by Marks, second by Thuesen to approve the following licenses: 27 Heating Contractors License: 28 Metropolitan Mechanical Contractors Inc.,Eden Prairie,MN/Renewal 29 Multiple Dwelling License: (Renewal) 30 Equinox Apartments,2808 Silver Lane NE/266 Units 31 Apache Manor, 3817 Macalaster Drive/42 Units 32 Walker on Kenzie,2626 Kenzie Terrace/45 Units 33 Autumnwoods Apartments, 2600 Kenzie Terrace/201 Units - 34 Cameron Properties, 3721 Chandler Drive/ 12 Units 35 Motion carried unanimously. .-: City Council Regular Meeting Minutes June 9, 1998 • Page 2 1 Motion by Faust, second by Thuesen to approve the following permit: 2 Temporary 3.2 Beer Park Permit: 3 Honeywell Picnic, Central Park, July 18, 1998, 4:00 - 8:00 P.M. 4 Voting on the motion: Ranallo, Faust, Cavanaugh, Thuesen voted aye. Marks voted naye. 5 Motion carried. 6 A. Resolution 98-051, re: Approving the One Day Activity Application for*Charitable 7 Gambling at the St. Anthony ills efest. 8 Motion by Thuesen, second by Faust to approve Resolution 98-051, approving the One Day 9 Activity Application for Charitable Gambling at the St. Anthony Villagefest. 10 Voting on the motion: Ranallo, Faust, Cavanaugh, Thuesen voted aye. Marks voted naye. 11 Motion carried. VI. PRESENTATION OF CLAIMS. Motion by Marks, second by Faust to approve the following claims: 14 A. Legal and Prosecutions: 15 1. Dorsey& Whitney 16 a. In the amount of$225.00 for legal services rendered through April 30, 17 1998 in regard to acquisition of flood plain properties. 18 b. In the amount of$3,272.58 for legal services rendered through April 30, 19 1998 in regard to $725,000 General Obligation Improvement Bonds, 20 Series 1998A. 21 2. Foster, Wentzell, Hedback& Brever, LLC in the amount of$3,000.00 for the 22 month of May 1998. 23 B. 1998.Street Improvements:. 24 1. Rieke Carroll Muller 25 a. In the amount of$1,100.20 for professional services rendered from March 26 29 to April 25, 1998 for 33`d Avenue construction and outstanding invoice. 27 b. In the amount of$2,205.47 for professional services rendered from March 28 29 to April 25, 1998 for 1998 Street Improvements - Construction. 29 2. Moody's Investors Service in the amount of$4,375.00 for professional services 30 rendered in regard to $725,000 General Obligation Bonds. 31 C. Water Tower Restoration: 1. Rieke Carroll Muller in the amount of$4,800.00 for professional services 6 rendered from April 1 to April 30, 1998 in regard to Scoping Study. 34 D. 4 pages of Verified Claims as presented by the Finance Director. City Council Regular Meeting Minutes June 9, 1998 Page 3 • 1 Motion carried unanimously. 2 3 E. Commissioner Mark Stenglien. 4 Commissioner Mark Stenglien thanked the Council and brought regards of thanks from 5 Hennepin County for the good property values and contributions St. Anthony makes to the 6 County. 7 Stenglien reported that the Hennepin County Jail is currently overcrowded. The Minneapolis 8 Code Force Strategy has made the situation even worse. He stated the County is committed to 9 providing service to the communities and is annexing space as far as Wright and Stearns 10 Counties. The current jail facility has 509 beds and has the booking facilities for 24,000 cases 11 per year. Last year the jail booked 48,000 cases and this year is projecting to exceed 54,000 12 cases. Stenglien reported that a new facility is on line. It will add 270 more detention beds 13 which can be double-booked. The booking capacity will be 88,000 cases per year. The cost of 14 the new Public Safety Facility is $96 million. 15 Stenglien reported the County is working on Welfare Reform. The County has 25% of the State 16 population and includes 60% of the welfare recipients in the State. There is a large section of 17 people who have never had to work before and the County is working to train these people in soft 18` skills to help them become employable. • 19 Stenglien reported the development of a Light Rail System is in process. The route will start in 20 downtown Minneapolis in the Milwaukee Depot area, will make eight stops, travel under 21 Highway 61, stop under the baggage concourse at the International Airport, and proceed to the 22 Mall of America. Construction will begin at the end of 1998. 23 Stenglien reported that Hennepin County prevailed in the Garbage Haulers Lawsuit. The County 24 also continues to hold a AAA bond rating which they share with only five other counties in the 25 State. Stenglien stated he is committed to the City of St. Anthony and also to the St. Anthony 26 Library. 27 Mayor Ranallo thanked the Commissioner for the update and also for his work at the State 28 Capital with the City in regard to the flooding problem. 29 Stenglien stated the flooding issue was of personal interest to him as he grew up on Pahl Avenue. 30 Cavanaugh asked that as the Light Rail Transit develops,that the bus service be protected so that - 31 both will be able to thrive. He also stated that at times it appears that the City exports more 32 funds to the County than they import. _ 33 Stenglien stated the Light Rail System will provide the "spokes" but the bus service will still 34 have to provide the connections. He commented that at times the City may export more funds 35 than they import. He stated that his office is always open for comments and ideas. City Council Regular Meeting Minutes June 9, 1998 ® Page 4 1 Marks thanked the Commissioner for his work on the Light Rail System and offered the best of 2 wishes for implementation. 3 Stenglien noted that the first phase of the Light Rail Transit would be the most difficult as it will 4 require building of all the maintenance sheds, etc. This is a 40 month project and he personally 5 is looking forward to it. 6 VII. REPORTS. 7 A. Report on Lead Contamination-Jane Hennessy. 8 Jane Hennessy stated she lives on 29'Avenue NE and is a graduate student in Nursing and 9 Public Health from the University of Minnesota. She explained that lead is eleven times heavier 10 than water and the death of one of every nine children is due to lead poisoning. Americans have 11 used lead in gasoline to make cars runs smoother, water pipes to make them more flexible and in 12 paint to make it last longer. Lead was not removed from paint until 1978. Exterior house paint 13 which is scraped and dropped contaminates the soil near a home. 14 Children are poisoned by eating lead paint dust and chips from their hands,toys and chewing 15 surfaces and from breathing in lead dust. Lead is absorbed by the red blood cells and moves 16 through the body entering the soft tissue and then entering the bones for long-term storage of up �7 to 30 years. A lead-poisoned pregnant woman could contaminate her fetus. 18 There are few clinical signs of lead poisoning. The only way to determine the poisoning is with 19 a venous puncture. If it registers 10 micrograms per deciliter it is considered positive. 20 Ms. Hennessy asked that the City publish an informational article in the newsletter which could 21 feature the telephone number of the Minnesota Health Department, how to obtain information on 22 lead, and how to perform safe home remodeling. She also requested that the City sponsor 23 educational activities,possibly seminars on-lead-safe remodeling. 24, Mayor Ranallo asked Ms. Hennessy to submit an article to the City for inclusion in the next 25 newsletter. 26 Faust suggested Ms. Hennessy contact Kathy Knapp of Community Services in regard to a class 27 or seminar. This may be a better means of getting class information to the public. 28 Thuesen asked at what age it is not as dangerous to do remodeling in a home which contains lead 29 paint. 30 Ms. Hennessy stated children ages six and under are at the highest risk. A child's nutrition level 31 is also a factor. .l Cavanaugh asked Ms. Hennessy if she included asbestos education in her work. City Council Regular Meeting Minutes June 9, 1998 Page 5 • 1 Mary Shea, Public Health Nurse, stated she is only involved in the lead unit. The building 2 inspector generally addresses the asbestos in a home or building. She explained there is a test 3 available at Menards and Home Depot which will check.the amount of lead in the home. 4 Cavanaugh questioned the results of soil testing for lead in residential areas. 5 Ms. Shea stated it depends on the location. There currently is testing being done in the City of 6 Minneapolis and the levels are slowly decreasing. She suggested that young children not play in 7 the dirt but play in pea gravel or on the grass. 8 The Council thanked Ms. Hennessy and stated they look forward to working with her. 9 B. Strategic Technology Plan for the City -NETLink International. 10 Art Carruth,NETLink, International, explained he had been contacted by the Finance Director 11 who defined the City's expectations for a strategic technology plan. He then performed a 12 technological assessment(an inventory of hardware and software) and a business assessment 13 (talking with department heads to determine specific needs and what they would like to.see 14 implemented in the next 3-5 years). 15 Mr. Carruth called attention to the Executive Summary included in his report which laid out his 16 company's methodology. He then noted a diagram of the existing resources on page 6. He 17 stated that the City has made extremely wise purchases with a vision in place. 18 Mr. Carruth then noted a diagram of his recommendations on page 13. This proposal would 19 bring the three-four separate networks togther to utilize the system to its full potential, implement 20 a website, and provide proper training. He recommended that the City use CTV as their Internet 21 server. They will provide free service through 1998, have a good infrastructure and a good staff. 22 A representative of the City would sit on the Board of CTV and would have input into some of 23 the rates. 24 Mr. Carruth noted a spreadsheet which is basically a"shopping list" of items the City will need 25 to purchase for this proposal. The Finance Director is in the process of acquiring bids on the 26 merchandise. NETLink will install the equipment and provide ongoing support to the system. 27 and the employees. 28 Thuesen complimented the proposal. He stated the network is crucial as the current system is 29 very fragmented. The proposed upgrades are very cohesive and easily ungradable. The plan is 30 set up to be a skeleton which will technically benefit the City for years to come. Thuesen stated 31 that the training is imperative and noted staff is at various levels of computer experience. He 32 then questioned if it would be more advantageous to utilize outsourcing for the network support 33 or to hire a part-time person for this position. • City Council Regular Meeting Minutes June 9, 1998 • Page 6 1 Mr. Carruth stated outsourcing could be utilized. Some cities are hiring an employee and sharing 2 their services with another city. This approach works extremely well as long as it is structured 3. and organized- The job objective needs to be predetermined and the employee needs to work 4 closely with the City designated Administrator. 5 Faust noted that outsourcing may be difficult based on need as the year 2000 approaches. He 6 noted a shared situation would result in an employee working for the City. 7 Marks stated the two reasons the system was necessary was to increase the productivity of the 8 City and provide better service to others. He noted it would be useful to have all the City 9 Ordinances in a database. This database could be read-only, so that residents could also have 10 access to the Ordinances. He suggested a master schedule for a year or a series of years be 11 placed on the system which could include the budget process,Villagefest, Sister City events, etc. 12 This would provide more coordination between the various groups. 13 Cavanaugh expressed concern that the City was working with pieces in an effort to establish a 14 system. He asked if this proposal would establish a firm, cohesive base or if the City is merely 15 working with what they have to make it better but not quite ideal. Mr. Carruth stated he is confident that his consultant evaluated the existing investment, looked at the objectives and made recommendations to leverage off what existed and connect the system. 18 As he had stated earlier, the City has good equipment in place, it just needs to be connected 19 together. 20 Cavanaugh stated his confidence is low due to the police software system not working and the 21 problems with the liquor inventory system. 22 Mr. Carruth acknowledged the police department situation and stated his consultant had made 23 reference to the pain and frustration that existed at that level. He stated it is his job to remove 24 that pain and frustration. He is recommending a new hardware platform of the Microsoft NT 25 Network System. 26 Cavanaugh questioned the training included in the proposal. , 27 Mr. Carruth stated one portion of training will be the administrative training to be certain that the 28 person running the network is comfortable. The end user training will be defined by the needs of 29 specific applications. 30 Morrison noted the training recommendations are included on page 12. NETLink has 31 recommended a company called Expertise Software Training. Staff will obtain a quote from them. Staff is currently obtaining training through community services classes. City Council Regular Meeting Minutes June 9, 1998 Page 7 1 Cavanaugh asked if the Stonehouse was included in this proposal. He also asked if the Public 2 Work Department and all staff would be included. 3 Mr. Carruth stated there are two liquor stores which will be interconnected. The City Manager 4 and Public Works Director will receive new computers, and two new computers will be located 5 at the Fire Department. 6 Faust asked if this system would be able to network and dial up Hennepin and Ramsey Counties. 7 He endorsed the use of a website for the City of St. Anthony. 8 Mayor Ranallo noted this capability will be available through Media One. Staff'will also be able 9 to connect to the other ten cities included in the Cable Commission. 10 Mr. Carruth noted there are other technologies including I-Net which allow access to 11 municipalities, counties, state, libraries and universities. This is established through a fiberoptic 12 infrastructure along the major corridors. He stated he will keep the City updated as to the 13 progress. 14 Motion by Marks, second by Faust to approve Recommendation#l,that "Council direct staff to 15 proceed with the bidding and purchasing of the recommended hardware and software products 16 (Estimated at$28,000)." • 17 Motion carried unanimously. 18 19 Motion b Marks second b Thuesen to approve Recommendations#2 and#3 that Council Y � Y PP 20 approve NetLink as the network installer per the specifications and recommendations of the 21 Strategic Plan(Estimated at$16,500)" and "Council approve NETLink to develop a preliminary 22 assessment for the Web-Site Development Project(Estimated at$5.00.00). 23 Cavanaugh asked if the end user training should be added to this motion. 24 Mornson noted Council can direct Staff to get bids from providers recommended by NETLink. 25 Motion carried unanimously. 26 Cavanaugh questioned when the base-end training should occur. 27 Mr. Carruth stated the base end training should occur when the new system is implemented. 28 Cavanaugh stated that the employees need the training now. '29 Mr. Carruth recommended that if the system is not in place after 1-2 months,the training should • 30 be done then. City Council Regular Meeting Minutes June 9, 1998 • Page 8 1 Faust suggested that during the process of upgrading, the equipment might change. He 2 suggested the training be completed after the equipment is installed. 3 Cavanaugh asked why Dell equipment was not included in the bid. 4 Mr. Carruth acknowledged that Dell is a good company but stated that the consultant chose the 5 manufacturers based on longevity, warranty and perhaps personal preference. 6 Mr. Carruth explained that the System 36 has been evaluated and it has been determined that it 7 will support the City well in the near future. The Finance Director is planning to incorporate an 8 upgrade of the System 36 into the 1999 budget. 9 Motion by Cavanaugh, second by Marks that the remaining funds will be used for end-user 10 training modifications, the development of a Web-Site and the upgrade of the System 36 will be 11 deferred to..1999. 12 Motion carried unanimously. 13 Mayor Ranallo noted that cable funds may be available for this upgrade. 04 C. COPS Universal Hiring Prouam Grant Award-Police Chief Engstrom. 15 1. Resolution 98-049, re: Accepting a COPS Universal Hiring Program Grant 16 Award. 17 2. Resolution 98-050, re: Authorizing the Hiring of Two Part-time Community 18 . Service Officers. 19 Police Chief Engstrom reported that in response to the Council's direction at last July 1997's 20 Budget work session, he looked into funding under the Federal grants available for hiring 2 new 21 police officers to increase the current authorized strength from twelve police officers to fourteen. 22 An application was made to the COPS Universal Hiring Program last November. On May 19, 23 1998, an award grant in the amount of$150,000 to cover half of the costs for the next three years 24 of salaries and benefits for two additional police officers was received. 25 Engstrom noted the Department has not added additional sworn personnel since-1988. Police 26 responsibilities due to mandates, public pressures, Supreme Court decisions, and training needs 27 have increased significantly. The scheduling of officers has been both difficult and trying for the 28 officers. The St. Anthony shifts have been run short during off-peak times to compensate. 29 However,the department was over 5,600 hours short personnel in 1998 due to vacations, 30 compensatory time, sick time,maternity leave, military leave, and training. Some shifts were 31 filled with overtime and juggling of officer's schedules at the cost of burn out and making for 32 unsafe work conditions. • City Council Regular Meeting Minutes June 9, 1998 Page 9 • 1 Engstrom stated that he would like to have more time available for officers to become more 2 community-oriented and being pro-active is the best way to keep the amount of crime to a 3 minimum. 4 Engstrom noted the second part of this request, is for two part-time Community Service Officers 5 (CSO's)to be added to the police department for a total of 40 hours per week. He stated he is 6 currently seeking a federal grant through "COPS More 98." This grant is solely for technology, 7 equipment or civilian personnel. The grant requires a commitment for retention and is a one year 8 grant in the amount of 75% of the cost. A CSO would free up officer time on the street and 9 provide 514 hours of police on the street. 10 Engstrom noted a survey which found only one suburb that did not utilize a CSO and also that 11 St. Anthony is the last Police Department to apply for involvement in the program. 12 Cavanaugh noted that on the application,the population was stated as 16,000. 13 Engstrom explained that number includes Falcon Heights and Lauderdale and is in response to 14 the population served. The new officers will be assigned solely to St. Anthony. 15 Cavanaugh noted that at the end of three years the cost will be$53,000 and will be 100%the 16 City's cost. He noted the application requires a plan to implement a program that is not currently • 17 being performed. 18 Engstrom explained that the community-oriented activities are being done currently but there are 19 not enough of them being done. The Department is not as active and pro-active as he would like 20 it to be and this grant provides an opportunity to increase this. 21 Cavanaugh noted the categories in the application. He stated there are a number of new 22 programs which this funding motivates the community to look into. He stated he was in favor of 23 the part-time position and noted that there would be an impact on the productivity of the police 24 officers by the hiring of the CSOs. This program will strengthen the existing force at a low cost. 25 Marks stated there is a very compelling case for the addition of the two police officers. There are 26 not enough officers and it has been reported in the past that one means of controlling crime is to 27 enforce traffic laws. Marks commented that the CSO who spent the night at the recent Senior 28 Class Party had the respect of the entire class. 29 Faust noted that Saturday,two young boys had told him they "just wanted to talk to Officer 30 Cotroneo". Faust commended the department for achieving this level of communication. He 31 stated he was in favor of the bike patrol and a school liaison. He totally supported the proposal _ 32 and encouraged the pro-active work. • City Council.Regular Meeting Minutes June 9, 1998 • Page 10 1 Thuesen stated the 2 part-time positions made sense as they would free up the valuable time of 2 the officers to use their expertise in other areas. He encouraged establishment of a bike patrol 3 and community-oriented activities. He also expressed support of a school liaison and a drug task 4 force. 5 Engstrom noted that last year there were two officers trained in bike patrol on the Department but 6 both have since taken other positions. He hoped a bike patrol could be reestablished. 7 Mayor Ranallo expressed support for the community watch force and the school liaison. He 8 noted that the St. Anthony Police Department has not added any officers since 1988. Falcon 9 Heights and Lauderdale have both added full-time officers since they began working with St. 10 Anthony. 11 Motion by Marks, second by Faust to approve Resolution 98-049,re: accepting a COPS 12 Universal Hiring Program Grant Award. 13 Cavanaugh offered an amendment to the motion as follows: "Be it resolved that the 2 COP 14 positions will be committed to specific programs which would be new to the community and 15 which have outcomes the Council can measure. The authority for the position would be for the �6 period of Federal Assistance or 3 years and would require City Council approval to continue the �7 position without Federal Assistance". 18 Cavanaugh stated that the application deals with a new program that the community could not 19 previously initiate. The effort should be on something the community can see, evaluate, and at 20 the end of the grant period make a value judgement of whether it should continue with 21 community resources. 22 Mayor Ranallo noted that the programs would not be new but would be an expansion of the 23 programs that currently exist. 24 Cavanaugh recommended that a sub-committee of the Council determine a new program in the 25 category of community partnership or problem solving activities. 26 Engstrom stated the St. Anthony Police Department is not a stranger to community-oriented 27 programs. The Department has trained 4 officers in the Crime Prevention Program, has sent half 28 of the department to the COPS program introduction, and has had numerous mandates over the 29 last ten years. _ 30 Mayor Ranallo asked if this was a friendly amendment to the motion. 1 Marks stated he was trying to see the friendly amendment portion. He noted the intent to measure the effectiveness of the program but stated this is sometimes difficult to determine. City Council Regular Meeting Minutes June 9, 1998 • Page 11 1 Cavanaugh stated the measurement would be the safety of the community. 2 Engstrom stated this was not as accurate as people might think. 3 Cavanaugh stated that in July of 1997,the City also had the opportunity to just add to the police 4 force. The application for the grant is for a defined period to accomplish something, not just a 5 means to expand the police department. 6 Faust stated he was under the impression that it was the Federal Government's way of getting the 7 City Councils off the dime while putting more cops on the street. 8 Mayor Ranallo asked Engstrom if he could suggest a specific program that would be new to the 9 community which would have measurable outcomes. 10 Engstrom stated he could not answer yes to that question. 11 Thuesen stated he liked the ability to review the addition at the end of the three year period. He 12 did struggle with the requirements that this be a specific program which is new to the community 13 and measurements. 14 Cavanaugh suggested the measurement requirement be dropped. • 15 Faust stated that the Police Chief by past performance, has proven his expert policing skills. The 16 Council's role is to provide philosophy and guidance. He stated that he is confident that the 17 Police Chief will provide the most efficiency for the money. He has not requested an increase to 18 the Department in 10 years even though the CUB has required a lot of resources. Faust 19 suggested the Council should not try to tie his hands and micro manage. Every year the budget 20 and the manpower is discussed and the Chief has a moral obligation to tell the Council exactly 21 what his department needs. To this date,there has been the ability to have this type of 22 relationship. Faust also stated he did not want to hire someone with the knowledge that in three 23 years they might not have a job. He felt the City may not obtain the best people under those 24 conditions. The City needs officers now in crime and prevention. 25 Cavanaugh stated he was looking at the physiological difference between increasing the number 26 of the force and applying for a grant program. The grant was not supposed to increase the force. 27 It is a specific program_with specific requirements and he wanted to be certain that the 28 Department carry out the spirit of that grant. 29 Mayor Ranallo asked if Marks and Faust accepted the amendment to the original motion. 30 Cavanaugh stated it was intended to be a Motion to amend the original motion. Thuesen 31 seconded that motion. • City Council Regular Meeting Minutes • June 9, 1998 Page 12 1 Voting on the motion to amend: Cavanaugh and Thuesen voted aye. Ranallo, Faust and Marks voted 2 naye. 3 Motion failed. 4 Voting on motion to approve Resolution 98-049: Ranallo, Marks, Faust, Cavanaugh and Thuesen voted 5 aye. 6 Motion carried unanimously. 7 Motion by Marks, second by Thuesen to approve Resolution 98-050, authorizing the hiring of 8 two part-time community service officers. 9 Mayor Ranallo asked if the CSOs would be uniformed and if they would be available at night to 10 help with the Neighborhood Crime Watch. 11 Engstrom stated they would be uniformed but they would be civilians, probably a reserve or just 12 out of school. They will work some days and some nights. ` 03 . Cavanaugh verified that these positions do increase the productivity of the street force. 14 Engstrom stated they do. The CSOs cannot work the streets because they are not sworn officers 15 and do not have the power of arrest, but they can perform tasks which will free up officer time. 16 Motion carried unanimously 17 _ 18 D. Councilmembers. 19 Faust reported he has been reappointed to the Improving Fiscal Futures.Committee of the League 20 of Minnesota Cities. Meetings are scheduled for the summer and fall to allow the members to 21 bring the City interests and issues together to the Policy Committee for presentation to the 22 Legislature. 23 Thuesen reported his attendance at the St. Anthony/New Brighton Chemical Awareness Task 24 Force meeting on June 1, 1998. Shelly Freeman, Wellness Coordinator at the St. Anthony/New 25 Brighton Schools, set up the meeting. The meeting was well attended by people of diverse 26 backgrounds. There was a question and answer session with the Middle and High School 27 students and based on their comments,there is an issue with the use of alcohol,tobacco, and 28 drugs in the community. The meeting ended with the establishment of 7 sub-committees which 29 will take immediate action on various issues. 00 Thuesen reported his attendance at a St. Anthony Shopping Center Merchants meeting. There is 1 some concern by the group in regard to the old Town and Country building. The traffic flow has 32 been reduced and this has hurt the businesses. Also the Quarry Center has provided competition City Council Regular Meeting Minutes June 9, 1998 Page 13 1 to the retail businesses. Thuesen expressed concern that the planning process for that area move 2 quickly to provide the retailers with some answers. He was impressed with the commitment of 3. many of the retailers in that center and commended them for sticking with their business and 4 trying to make it work. 5 Morrison reported that the Planning Commission will be interviewing planners at their next 6 meeting and will make a recommendation to the Council on June 23, 1998. Morrison suggested 7 there may be some feedback by this fall. He noted that the St. Anthony Shopping Center tenants 8 were also aware of the request for the Conditional Use Permit for industrial use and have gone on 9 record by means of letter, in opposition. 10 Mayor Ranallo asked if the merchants were aware that the owner of the Shopping Center has it 11 on the market. 12 Thuesen stated they are aware of that. 13 Cavanaugh reported his attendance at an ACTION Board meeting this morning. They continue 14 to work on building assets and will continue to talk with the Council on these issues. 15 Cavanaugh reported he is working with the Canadian Pacific and the Main Pacific Railroad in 16 regard to changing crews in the Fordham neighborhood. Although there are other options,they 17 are limited. There is also discussion of the installation of a chain-link fence in the area due to 18 concern of the children crossing the tracks. The residents are also requesting that the cul-de-sac 19 on Fordham be landscaped to buffer the residents from the Happy Potato Chip site. 20 Cavanaugh reported his attendance at a Best Practices meeting at the State Capital. The auditors 21 have just completed'a best practice analysis of the 911 system and will now be addressing fire 22 protection service. This analysis will be completed early in 1999. 23 Cavanaugh reported his attendance at the Shelly Freeman meeting. There were 40 people in 24 attendance and 6 task forces were formed. 25 Mayor Ranallo asked the status of the railroad discussions. 26 Cavanaugh stated he would like to be the key contact in this issue. He noted the railroad 27 representatives have met with the citizens and there is an open communication. 28 Marks reported the Sister City Committee continues to work on its 501(c)(3) status. 29 E. Maw 30 Mayor Ranallo reported he had received a letter from Patty Saucer of the Silver Lake Home 31 Owners Association. The letter has been forwarded to City Manager. • City Council Regular Meeting Minutes June 9, 1998 • Page 14 1 Mornson reported he has received her concerns in regard to the water management plan and they 2 have been submitted to WSB. 3 Mayor Ranallo reported that earlier this evening, Carol Jindra presented a letter to the Council 4 and asked the Mayor to read it this evening. The letter"thanked each of the Councilmembers for 5 their involvement in the Ice Cream Social Park meeting last week and noted that over 300 ice 6 cream sandwiches were distributed. Comments received over the past week were that people 7 enjoyed the event and the event was informative. City Staff was available and willing to help 8 and a special thank you to Jay Hartman." 9 10 F. Ci , Manager. 11 Mornson reported that the Metropolitan Council is delaying approval of the City's 12 Comprehensive Plan Update until the City adopts a resolution of intent to adopt a Storm Water 13 Management Ordinance. This Ordinance will require, among other things,that any new 14 development has to include a storm water management plan. It also addresses application of 15 fertilizer. The resolution will state that this will be adopted by December 31, 1998. 16 Faust asked if other cities have staff who inspect how the fertilizer is put down. �7 Mornson stated that WSB and other cities have stated they do not. 18 Faust questioned why the City would adopt a policy which they have no intention of enforcing. 19 He asked if this was mandated by the State or required by Federal law. 20 Mornson stated that the State Legislature in 1995, stated that all cities whose Comprehensive 21 Plan was 10 years or older had to develop a new Plan before the end of 1998. The Metropolitan 22 Council has used this as an opportunity to require certain items including a Comprehensive 23 Water Plan and a Storm Water Management Ordinance. 24 Faust asked who was in charge. He stated he did not mind the State passing laws but did mind 25 an agency for planning and coordinating telling the City what to do. 26 Cavanaugh stated he has read both ordinances and they are excellent. He suggested that lack of 27 enforcement in regard to fertilizer is not the problem. Residents have a responsibility to comply. 28 Mornson stated that it has been WSB's experience that a lot of cities are not enforcing the 29 ordinance but that a lot of the issues with fertilizer are common sense items. He stated he would 30 set up a meeting with a representative of the Metropolitan Council and have him do some 31 investigating. 402 Mornson reported the public hearing for the proposed preliminary plan for Silver Point and 3 Central Park will be on the June 23, 1998 Council agenda. He stated he has already received six 34 calls from residents primarily near Silver Point Park. City Council Regular Meeting Minutes June 9, 1998 Page 15 1 Emmett Swanson, 3020 Silver Lake Road, stated he has been a resident of the City of St. 2 Anthony for 30 years. He and his wife enjoy the neighborhood, hav_a no intention of moving, 3 and are upset that-the City's plan for their property includes a flood basin in their backyard. He 4 stated he has spoken individually with the Mayor, City Manager and Councilmember Cavanaugh 5 and informed them that he has no interest in selling the property. He would prefer that the plans 6 for his property stop. He noted that at the last meeting there was a resolution passed that 7 authorized the City Engineer and the Engineering Firm to acquire his property. He suggested 8 there are a number of people who should have been brought into the process earlier to determine 9 the viability of the plan. He noted a resolution for consideration this evening which talks about 10 the financial burdens and emotional trauma of the flood victims and stated he is now feeling this 11 burden and trauma over the acquisition of his land and having no input. He stated that at the last 12 meeting his land was identified as Problem Area#5. He asked what needed to be improved and 13 stated the plan was not an improvement but it was destruction. 14 Mayor Ranallo asked Mr. Swanson how many acres of property he owned behind his home and 15 when he purchased the property. 16 Mr. Swanson stated there is one acre of property which he mows, keeps well-groomed and uses 17 within the Ordinances of the City. He expressed concern that the City was telling him what he 18 had to do with his property. He purchased the property approximately 4-5 years ago from an 19 absentee owner. He asked why his property is defined as Problem Area#5. • 20 Cavanaugh explained that this is a misnomer. There is no problem with the property. 13 areas of 21 the City that play various roles in solving the water problem have been identified. Area#5 is 22 seen as part of the solution to the City's problem of water containment. The area has been 23 identified as a critical area to hold water for a critical amount of time and then let the water out. 24 Mr. Swanson noted this plan would bring storm water onto his land,his home, and then let the 25 sediment out in his yard, and eventually let the water move on. 26 Cavanaugh stated the neighbors have indicated that the property presently holds water during 27 heavy rains. 28 Mr. Swanson stated this is due to the inadequacy of the street. Water runs down his driveway 29 into the backyard. 30 Cavanaugh explained that this property is part of the solution to managing the storm water in the 31 City. It is hopeful that the property can be dealt with to expand its holding capacity. The 32 occurrences will not be frequent. 33 Mr. Swanson stated the area is dry 99%of the time. It is wet during the spring. ated it will still bed for Mr. Swanson. • 34 Cavanaugh stated dry _ City Council Regular Meeting Minutes June 9, 1998 0 Page 16 1 Mr. Swanson stated he did not believe Councilmember Cavanaugh. 2 Cavanaugh stated that is because Mr. Swanson has not had an opportunity to see the master plan. 3 Mr. Swanson stated he did not care about the master plan. The storm water will bring 4 contamination of dirt and grime into his yard and the grass will not grow. 5 Mayor Ranallo asked Mr. Swanson if he was open to listening to the engineer explain the plans 6 for the property. 7 Mr. Swanson stated he was not. He is an Engineer by training himself and knows from 8 experience that there is nothing that can be done with a flood basin that he would be comfortable 9 with. He just wants the City to leave it the way it is because he enjoys it the way it is. 10 Marks explained that in 1991 the City decided to perform a computer analysis of the rainfall that 11 simulated different levels of rain and where the water would flow. One thing that this study 12 showed is that the property owned by Mr. Swanson was a prime location for a temporary holding 13 pond so that the water will flow a little later and not overfill the system. This item has been on 14 the table for quite some time. Mr. Swanson stated he has heard about the issue and read articles in the P a P er. He called the 16 City Manager and was told that if the plan was approved by the City Council and they were 17 planning to take his property,he would call Mr. Swanson. A couple of weeks ago his wife 18 received a call stating that it was discussed at a Council meeting that they may take his property. 19 After further discussion with the City Manager, Mr. Swanson stated he was led to believe that if 20 he did not agree to sell his property,the City would consider condemning his property. Mr. 21 Swanson again stated fighting this is a financial burden and a traumatic emotional experience and 22 that he did not see City government at work very well with these attitudes. He asked if the City 23 was willing to condemn his property to obtain it. 24 Mornson stated he had never threatened Mr. Swanson with condemnation of his property. Mr. 25 Swanson had contacted the City and asked what the process would be. Mornson stated he had 26 explained that the Engineer is putting together a plan of how the area will look once the ponding 27 is in place for Problem Area#5. A neighborhood meeting will then be held for negotiation of the 28 acquisition of several properties in the area. Mr. Swanson had then questioned the process if he 29 refused to sell his land and Mornson stated he had answered that Staff would then ask the City 30 Council if they want to take a next step which would be to authorize the City law firm to begin 31 condemnation proceedings. This is the typical process in a public improvement project. 32 Mr. Swanson stated he did not want to sell his property. He asked that the City just leave him alone. City Council Regular Meeting Minutes June 9, 1998 Page 17 • 1 Marks noted there were quite a number of people who received a tremendous amount of damage 2 from flooding last summer. 3 Mr. Swanson stated he understood this but his property was high and dry. He had no problems 4 and yet the City wants him to pay by means of financial,time, energy and emotion. He - 5 questioned the fairness of this. 6 Cavanaugh explained that a citizen Task Force has worked an extended amount of time on this 7 issue. The City is in the process of acquiring five homes and some of those homeowners do not 8 want to sell. He stated he understood the human element of Mr. Swanson's issue. However, the 9 City Council has approved the process and is moving forward with the process. He stated he 10 hoped that the City would not have to condemn the property and could arrive at an agreement 11 that is fair. The City and the community is committed to this plan. 12 Mr. Swanson stated that his neighbors knew nothing about this process until he spoke with them. 13 He asked how the community could be committed to this when they know nothing about it. 14 Mayor Ranallo stated the Council understood Mr. Swanson's dilemma. He stated that Mr. 15 Swanson will be kept informed and asked him to attend the meetings in regard to this issue. He . 16 stated the City will look at all alternatives. 17 Mr. Swanson challenged the City to challenge the Engineer to find another way. He stated there 18 is other property in the City which is vacant and suggested that a holding pond be placed at the 19 Stonehouse. 20 Mayor Ranallo explained that the Engineer had looked at Mr. Swanson's property as being 21 vacant. The Council is now aware of Mr. Swanson's feelings and will inform the Engineer. 22 Mornson reported that Park Commission candidates will be interviewed at the June 30, 1998 23 work session. There was Council consensus to begin the meeting at 6:00 P.M. and begin the 24 interviews at 7:00 P.M. 25 Mornson noted the proposed project schedule for the St. Anthony Boulevard sidewalk 26 reconstruction project.. He noted that he,the Public Works Director and the Engineer visited the 27 site and noticed there is a piece of asphalt on Kenzie Terrace and repair needed in front of the 28 Amoco building. City Manager directed that these items be included in the bid and they will be 29 covered by State Aid funds. A neighborhood meeting will be held in July and bids will open on 30 July 28, 1998. He noted that the variance which was granted for the width of the road is still 31 valid. 32 Mornson reported the 331d Avenue project will begin on Monday, June 15, 1998. The bids for 33 the water tower reconstruction are due on June 18 and will be included on the June 23 Council • 34 agenda. City Council Regular Meeting Minutes June 9, 1998 • Page 18 1 Mornson reported that construction of the tennis courts is moving ahead nicely. The City has 2 received many compliments on the play area behind the City Hall building. The City has also 3 received compliments in regard to the courtesy and communication of the engineering and 4 construction firm of the street project on 34'Avenue. 5 Morrison reported that Decision Resources is in the field performing the survey. Although no 6 one has refused the survey,they are having a difficult time finding people at home. They hope to 7 complete the process by the end of the month and will then give a presentation to the Council 8 jointly with the School Board. 9 Cavanaugh asked when the concept of a moratorium in regard to the shopping center should be 10 introduced. He noted it may have an impact on a Conditional Use Permit. 11 Morrison stated he would ask the City Attorney if a moratorium of this type was legal. 12 VIII. PUBLIC HEARINGS -None. 13 IX. NEW BUSINESS. 14 A. Resolution 98-047, re: Acknowledi?e Assistance in Getting Flood Funding Motion by Marks, second by Cavanaugh to approve Resolution 98-047, acknowledging efforts 0 made in pursuit of funding assistance for flood mitigation in St. Anthony Village. 17 Motion carried unanimously. 18 B. Resolution 98-048,re: Approve I/I Loan Agreement with Metropolitan Council. 19 Motion by Marks, second by Faust to approve Resolution 98-048, authorizing the Mayor and 20 City Manager to enter into a loan agreement with the Metropolitan Council. 21 Motion carried unanimously. 22 C. Certification of Local Performance Measures. 23 Motion by Marks, second by Faust to approve certification of Local Performance Measures for 24 Local Performance Aid payable in 1999. 25 Motion carried unanimously. 26 X. UNFINISHED BUSINESS. 27 A. Ordinance 1998-008,re: Fees for Gasoline Service Stations (3rd Reading). 28 Motion by Faust,second by Marks to approve the 3'reading and adoption of Ordinance 1998- 29 008, relating to fees for Gasoline Service Stations; amending Section 615.06 of the 1993 St. �0 Anthony Code of Ordinances. 31 Motion carried unanimously. City Council Regular Meeting Minutes June 9, 1998 Page 19 t 1 B. Ordinance 1998-009, re: Parks Commission(3rd Reading 2 Motion by Cavanaugh, second by Marks to approve the 3`d reading and adoption of Ordinance 3 1998-009, re: establishing a Parks Commission by adding Section 306 to the 1993 Code of St. 4 Anthony Ordinances. 5 Motion carried unanimously. 6 XI. ADJOURNMENT. 7 Motion by Marks, second by Faust to adjourn the meeting at 10:06 P.M. 8 Motion carried unanimously. 9 10 Respectfully submitted, 11 Lorri Kopischke 12 Timesaver Off Site Secretarial, Inc. 13 14 Mayor 15 ATTEST: 16 . City Clerk I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 23, 1998 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, Faust, Cavanaugh, and Thuesen. 9 Also Present: City Manager Mike Morrison and City Attorney William Soth. 10 Councilmembers Absent: None. 11 III. APPROVAL OF JUNE 23, 1998 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Faust, second by Marks to approve the June 23, 1998 Regular Council Meeting 13 Agenda with the following changes: 14 Under IX.New Business add: E. Removal of Geese. 15 Postpone Items VII. Reports B., C., and D. until after IX.New Business E. 16 17 Motion carried unanimously. 18 IV. APPROVAL OF JUNE 9, 1998 REGULAR COUNCIL MEETING MINUTES. 19 Motion by Marks, second by Thuesen to approve the June 9, 1998 Regular Council Meeting 20 Minutes as presented. 21 Motion carried unanimously. 22 V. LICENSES/PERMITS/PETITIONS. 23 Motion by Marks, second by Faust to approve the following licenses: 24 Contractors License: 25 Steve Zebro Cement Company, Coon Rapids, MN/working at 3316 Belden Drive . 26 § 27 Motion carried unanimously. 28 Motion by Thuesen, second by Cavanaugh to approve the following permit: 29 Temporary 3.2 Beer Park Permit: 30 Bill Lucking Family Picnic, Central Park,August 23, 1998 31 Voting on the motion: Ranallo, Faust, Cavanaugh, Thuesen voted aye. Marks voted naye. 32 Motion carried. City Council Regular Meeting Minutes June 23, 1998 Page 2 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Thuesen to,approve the following claims: 3 A. 1998 Road Project: 4 1. Forest Lake Contracting in the amount of$241,450.59 for Pay Application No. 1. 5 B. Auditing Services: 6 1. Stuart J. Bonniwell in the amount of$4,000.00 for progress billing in connection 7 with the Liquor Fund portion of the audit and preparation of the financial 8 statements of the City of St. Anthony for the year ended December 31, 1997. 9 2. Stuart J. Bonniwell in the amount of$8,000.00 for progress billing in connection 10 with the audit of the financial statements of the City of St. Anthony for the year 11 ended December 31, 1997. 12 C. Legal/Prosecutions: 13 1. Foster, Wentzell, Hedback& Brever in the amount of$3,000.00 for professional 14 services rendered for the month of June 1998. 15 D. Storm Water/Sump Pump: 16 1. WSB & Associates, Inc. 17 a. In the amount of$2,737.50 for professional services rendered May 1 18 through May 31, 1998 for Storm Drainage Task Force. 19 b. In the amount of$250.50 for professional services rendered May 1 20 through May 31, 1998 for Sump Pump Inspection Program. 21 E. Water Tower Restoration: 22 1. Rieke Carroll Muller Associates in the amount of$5,750.68 for professional 23 services rendered April 26 to May 30, 1998 for rehabilitation and recoat elevated 24 water tower, design and bid. 25 F. Engineering/Road Projects: 26 1. Rieke Carroll Muller Associates 27 a. In the amount of$1,619.33 for professional services rendered April 26 to 28 May 30, 1998 for 33`d Avenue construction. 29 b. In the amount of$16,824.99 for professional services rendered April 26 to 30 May 30, 1998 for 1998 Street Improvements - construction. 31 c. In the amount of$3,898.51 for professional services rendered April 26 to 32 May 30, 1998 for St. Anthony Boulevard sidewalk reconstruction-design. 33 d. In the amount of$667.83 for professional services rendered April 26 to 34 May 30, 1998 for 1997 Street/Watermain Improvements - construction. 35 G. 4 pages of Verified Claims as presented by the Finance Director. 36 Motion carried unanimously. 37 38 VII. REPORTS. 39 A. Planning Commission Meeting- June 16, 1998. 40 Planning Commissioner Chris Makowske was present to report on the issues addressed at the 41 June 16, 1998, Planning Commission Meeting. City Council Regular Meeting Minutes June 23, 1998 Page 3 1 1. Wirth Companies, for 4001 Stinson Boulevard, Lot Split Request. 2 Commissioner Makowske reported a public.hearing was held to consider a request submitted by 3 Mr. Tom Hanka of the Wirth Companies,to subdivide and replat Lot 1, Block 1, Beutz Addition, 4 a vacant lot to the southwest of Apache Medical Building. The applicant proposes to split Lot 1, 5 Block 1, Beutz Addition and join 74 feet to the Apache Medical Building parcel to provide 6 additional parking area. The remaining southernly 74 feet will be replatted to include the vacant . 7 parcel, Lot 2, Block 2, Apache Plaza,that adjoins it to the east. 8 Commissioner Makowske reported that this will bring Lot 1, Block 1, Beutz Addition into 9 compliance with Chapter 15, Subd. 4, (1), of the City's Ordinance, which states that all lots must 10 abut by their full frontage on a public street. The replatting of the vacant lot creates a lot that 11 meets the minimum lot size requirement under the same Chapter. This proposal will not affect 12 the existing easement on the property. 13 Commissioner Makowske reported that after brief review the Planning Commission had no 14 objection to the proposal and found bringing this lot into conformance desirable. The 15 Commission voted unanimously to recommend approval of the subdivision/replat of Lot 1, 16 Block 1, Beutz Addition. 17' Cavanaugh asked if Wirth Companies owned all the land. He also questioned the use of the 18 "finger" shape piece of land. 19 Mr. Tom Hanka, Wirth Companies, explained that the purpose of this project is to provide more 20 area for Lot 2, Block 2, and make it a developable lot. The "finger" shape piece of land is 21 currently an easement and will remain as such. 22 Marks asked if the Council was approving a lot split. 23 City Attorney William Soth explained that this is a request for preliminary plat approval. Prior 24 to the development of this lot, a final plat will have to be approved and evidence of title will need 25 to be provided. '26, Mr. Hanka stated that the property is owned by Stinson Boulevard Corporation which is a 27 subsidiary of the Wirth Companies. This ownership can be transferred by means of a quick 28 claim deed. 29 Motion by Marks, second by Faust to approve the preliminary plat, subdivide and replat, of Lot 30 1, Block 2, Beutz Addition. 31 Motion carried unanimously. 32 2. Robodyne, for 2550 Highway 88, Conditional Use Permit. City Council Regular Meeting Minutes June 23, 1998 Page 4 1 Commissioner Makowske reported a public hearing was held to consider a request by 2 Krause/Anderson for a Conditional Use Permit to locate Robodyne Corp., in the vacant building 3 at 2550 Highway 88, formerly known as the Town& Country grocery store. The City-Attorney 4 advised the Planning Commission that the request could be approved as an allowable use or a 5 conditional permitted use, or denied on the basis that it is an incompatible use. Makowske noted 6 that the City is currently in the process of considering the redevelopment of the entire south end 7 of the City. 8 Robodyne is currently located in the industrial park of St. Anthony. Originally the Planning 9 Commission suggested that the owner, Mr. Alvite, look for property in the industrial park. 10 However, there are no properties which meet his size requirements at this time or for the future. 11 Robodyne requires 25,000 square feet and the Town and Country building is 37,00.0 square feet 12 which will provide for their current and future needs. 13 A letter received by the City from Rodney Johnson, Real Estate Manager for St. Anthony 14 Minneapolis Inc., dated May 28, 1998, stating that he was adamantly opposed to the granting of 15 the conditional use permit for the relocation of Robodyne to 2550 Highway 88, was read into the 16 record at the Commission meeting. 17 18 Due to the ongoing redevelopment process and the fact that Krause/Anderson had attempted to 19 market this building for a retail use for one year with no success,the Planning Commission 20 determined the best solution was to allow the use with a Conditional Use Permit with the 21 stipulation that if will expire at the end of five years. This will allow a current St. Anthony 22 business owner and employer who has made significant investment in the residents of St. 23 Anthony, to remain in the City, and will provide Krause/Anderson with funds to pay taxes and 24 will fill a vacant building in the City. However, Mr. Alvite's contract with Krause/Anderson 25 includes the option to purchase the property at the end of five years and if the Conditional Use 26 Permit is not renewed, Mr. Alvite could not utilize the property for the same use. 27 Commissioner Makowske reported that the Planning Commission voted 4-0-1 abstention in 28 favor of granting a Conditional Use Permit to locate Robodyne Corp. in the building at 2550. 29 Highway 88 based on the following: 30 1. The proposed conditional use is a conditional use specifically allowed for this zoning 31 district. 32 2. The proposed use will not be detrimental to the health, safety, or general welfare of 33 persons residing or working in the vicinity or injurious to property values or 34 improvements to the vicinity. 35 3. The proposed use is necessary or desirable at the above location to provide a service or a 36 facility which is in the interest of public convenience and will contribute to the general 37 welfare of the neighborhood or community. 38 4. The Conditional Use Permit will expire five years from February 1, 1999 or five years 39 from the date that Mr. Alvite opens for business,whichever comes first. __ Y' City Council Regular Meeting Minutes June 23, 1998 Page 5 1 Commissioner Makowkse stated that Commissioner Horst abstained from the vote due to his 2 relationship with Mr. Alvitd. 3 Marks asked if the Commission had discussed the relationship between hiring a Planning 4 Consultant to look at planning in that area and if granting a Conditional Use Permit would 5 preempt that effort. 6 Commissioner Makowske stated this was briefly discussed. The Commission believed that the 7 applicant had been put off and the request did deserve a response. 8 Marks asked if the Commission had considered a development moratorium. 9 Commissioner Makowske stated the Commission had not considered a moratorium. 10 .Cavanaugh noted that the letter received by the City from Rodney Johnson stated that he had 11 gone to great lengths to keep the shopping center in retail use. He asked if the Commission had 12 considered his perspective. 13 Commissioner Makowske reported that this had been considered when the applicant provided the 14 concept review at a previous meeting. This is the reason that the Commission originally 15 suggested that Mr. Alvitd look for a building in the industrial park. However, after further 16 review and finding that the applicant had looked for one year to find a retail tenant,which the 17 Commission believed to be a significant amount of time, and that no retail could be drawn to the 18 site either because of the cost per square foot or because of the difficult access, the Commission 19 believed this use was better than leaving the building vacant. 20 Cavanaugh stated that Mr. Johnson's point is that the site is retail and a year is not an eternity. 21 The plan was to go forward on a retail premise. The hardship experienced by Robodyne is not a 22 reason to move industrial into a retail area. Mr. Johnson has worked terribly hard to keep retail 23 in the shopping center and now is not the time to change course. 24 Marks noted that the Comprehensive Plan has zoned that area as a retail use for two decades. He 25 asked if the Commission had discussed the Comprehensive Plan and the fact that this area is 26 designated as retail and there is no plan to change the overall land use. 27 Commissioner Makowske stated it was discussed that this area of land is being looked at and 28 researched for the purpose of ongoing redevelopment. He noted that the building behind the 29 Town and Country is office space. 30 Mayor Ranallo noted that several years ago the Council had denied Mid-Continental Cheese a 31 Conditional Use Permit to close their retail in the shopping center and begin warehousing, as this 32 was not compatible with the rest of the shopping center. City Council Regular Meeting Minutes June 23, 1998 Page 6 1 Mayor Ranallo stated that City Attorney Soth will not be able to offer any specific legal opinion 2 in relationship to the Conditional Use Permit due.to his relationship with Krause/Anderson. 3 City Attorney Soth confirmed that the professional Code of Ethics would not allow him to make 4 specific recommendations in this matter. 5 Florence Iverson, 2812 Highway 8, questioned the impact of the traffic and if there would be big 6 trucks. 7 Commissioner Makowske stated this will essentially be used as office space with on-site research 8 and development of robotic cells. It will primarily be an administrative office with employee 9 traffic. The manufacturing plant is located in North Dakota. 10 Mr. Bill Warner, Krause/Anderson Realty Company, stated he had researched this property for 11 development opportunity of a 25,000 retail space with an end cap gas station. It is difficult to 12 find a tenant with a base rent of$12 - $14 per square foot. He noted that the parcel is zoned 13 commercial and other uses besides retail, such as a mortuary, could be located there. Robodyne 14 has been a good neighbor and employs 37 people in the community. Mr. Warner asked that the 15 Council work with him to keep Robodyne in the community. r: A' 16 Mayor Ranallo asked if Robodyne would be charged the same rent as a retail use. ,1 17 Mr. Warner stated it would be the same rent. It would include a rent of$3.50 per square feet,the 18 landlord will replace the roof at a cost of$27,000,the tenant'would pay the tax of$1.27 per 19 square foot and the utilities, and would have the option to purchase the property at a cost of$1.5 20 million after five years. 21 Cavanaugh asked why a service station would not work. He asked if it was an.issue of a 22 semaphore for egress and ingress on Highway 88. 23 Mr..Warner stated he had contacted all the major users in the area and they were not interested in 24 locating at this.site. The issue is the speed limit on Highway 88. Gas station owners prefer a 25 speed limit of 25-35 miles per hour. He stated he believed there was good egress and ingress but 26 had been unable to lure a tenant with the current rent structure. 27 Cavanaugh stated that the wounds to the residents of losing the grocery store are too fresh. That 28 retail use was important to the community and they would like to see it return. 29 Mr. Warner stated that the competition was too high for a grocery store of only 37,000 square 30 feet. He understood the desire for retail and stated this is why a convenience store would work at 31 this location. However, for it to work, the gas sales need to be there too. City Council Regular Meeting Minutes June 23, 1998 Page 7 1 Marks noted that the three redevelopment projects completed on the south end were residential 2 with the idea that they would be near these services. The closing of the Town and Country has 3. left a service-hole in the community. 4 Mr. Warner stated he could not disagree with the Council and if he had a retail user, he would - 5 move forward immediately. He has spent a year of full-time work on this project and received a 6 lot of calls, most of which are for industrial uses. 7 Unidentified resident, asked how many gas stations are currently located in St. Anthony. She 8 suggested a bagel shop be located in the Town and Country building. 9 Mr. Warner explained that the site is 2.25 acres. A gas station would utilize 25%of that area and 10 would allow for a reduction in the base-rate rent for the other users. This would have allowed a 11 bagel shop to locate in the building. 12 Stan Harding, 3420 Skycroft Drive, asked how many gas stations are located within a mile from 13 this site. He asked who would be responsible for removing the tanks if the business folded. 14 Mr. Warner stated there are two gas stations which could have been a complication to this site 15 but neither is a superstore. He explained that he is not requesting a Conditional Use Permit to 16 locate a gas station but is explaining why one is not being located here. 17 Mr. Warner explained that although Robodyne is classified as manufacturing,there is no hard 18 manufacturing at the site. Robodyne has daytime hours of operation, no hazardous waste is 19 produced, and there is less truck traffic than a grocery store. 20 Mayor Ranallo explained that the City is in the process of hiring a Planning Consultant for this 21 area. He was not comfortable with moving an industrial use right next to a residential use. 22 Mr. Warner stated Robodyne would be much quieter than a grocery store and would not change 23 the scope of the neighborhood. He stated that a Comprehensive Plan is a recommendation to the 24 owner, it is not mandatory that the property owner follow the recommendation. 25 Thuesen stated that he disagreed that this would not change the scope of the neighborhood. He 26 explained that he is the Council Liaison to the St. Anthony Merchants Association and the 27 members are very concerned that this property remain retail. A light-industrial use will change 28 the scope of the center and the scope has already changed since the Town and Country closed. 29 Mr. Warner agreed that the scope of the center has changed since the Town and Country closed. 30 He again noted that other uses than retail can locate in this building. 31 Thuesen stated that Robodyne will not enhance the shopping center. City Council Regular Meeting Minutes June 23, 1998 Page 8 1 Mr. Warner noted that Robodyne has forty employees who would shop in the center. 2 Thuesen.stated that one thing the shopping center tenants had stressed was the decrease in traffic 3 with the closing of the Town and Country. There may be some increase in the retail traffic from 4 Robodyne but long-term this will not provide the traffic that they need. He stated that five years 5 is quite a long commitment when the City is still trying to determine the best use of the area. 6 Mr. Warner explained that the Planning Commission had asked the Management-Assistant the 7 time frame for a response from the Planning Consultant. She had anticipated that it would be 8 five to ten years before redevelopment would occur. 9 Motion by Thuesen, second by Marks,to deny a Conditional Permit for Krause/Anderson based r 10 on the following: 11 1. The City is in the process of hiring a planning consultant to determine the highest and 12 best use of the property. It is still too early to lock-out retail. 13 2. Light-industrial use is not compatible with retail use. 14 3. The shopping center is still predominantly retail, not industrial, and the industrial use 15 would have an adverse impact on the general welfare and value to the retail sector. 16 Marks stated the City does have a Comprehensive Plan which specifies this as a retail- 17 commercial area and redevelopment has been based on that land use precedent. It is critical for a 18 retail use to have a certain mass of stores and amount of traffic. It is inappropriate at this point to 19 allow a change. The City would like to find another location for Robodyne in St. Anthony. It is 20 desirable to keep Robodyne in St. Anthony, this is just not the right location. 21 Thuesen stated he appreciated Robodyne as a business and it would be a shame to lose them,but 22 the City has to stay the course it has planned. 23 Cavanaugh stated he has a lot of respect for Krause/Anderson and what they are trying to do. He 24 hoped that the City could revisit the retail issue with them and continue the communication. . 25 Motion carried unanimously. _ 26 Commissioner Makowske reported there was a concept review of a proposed garage at the 27 Planning Commission which will be before the Council next month. He also reported that the 28 Commission has scheduled a work session for July 16 at 6:00 P.M. to discuss implementation of 29 the Comprehensive Plan. 30 31 3. Discussion of Planning Consultant for St. Anthony Shopping Center. 32 Commissioner Makowske did not provide a report on this item. 33 VIII. PUBLIC HEARINGS. __. City Council Regular Meeting Minutes June 23, 1998 Page 9 1 A. Redevelopment of Central Park. 2 B. Redevelopment of Silver Point Park for Flood Mitigation Purposes. 3 Motion by Faust, second by Marks to open the Public Hearing: 4 Motion carried unanimously. 5 Todd Hubmer, WSB &Associates, Inc., explained the area WSB is addressing in Central Park is 6 the area of concern on the north end. In intense storm events the water in the residential area to 7 the south flows to the north and fills the depression. The storm sewers fill up and the water 8 inundates several of the homes on the border of the park. The current storm sewer system drain 9 to the north end of the park and across Skycroft Drive. WSB proposes to remove a section of 10 that pipe and drop the park by 3-3.5 feet and construct a dry pond in that area. An open ditch of 11 approximately 1 foot wide by 10 feet long will also be constructed. This ditch will be somewhat 12 wet most of the year. These additions will allow for additional water storage and will provide 13 protection for the homes. 14 Mr. Harding asked if there would be protection around the ditch for the children. 15 Mr. Hubmer stated there will only be water in the.dry pond after a heavy rain. The only area 16 which will be wet will be the ditch. 17 Mr. Harding stated it would be natural for a child to jump into the pond to play even during a 18 rain. There needs to be protection. 19 Kathie Wolff, 3316 Skycroft, stated she was representing the School Board. She asked for 20 clarification that there would be no standing water. She asked if the proposed berm was still 21 included in the plan. 22 Mr. Hubmer noted the berm which was included in the original plan has been removed. The 23 berm did not allow the water to run down and did not allow for enough storage. He stated there 24 will not be standing water in the pond. It will drain after several hours. 25 Ken Johnson, 3510 Skycroft Drive, asked if the plan still included a walkway around the 26 northeast corner. 27 Mr. Hubmer explained that there is a walkway proposed as part of the park plan which could be 28 routed to the other side of the pond. This would have to be discussed with the Park Commission. 29 Mr. Johnson stated that the original park plan looked much different. The water holding pond 30 had not been immediately adjacent to the property owners and homes in this area. He had been 31 told that there would be fifty feet between the fence and the water holding area. He noted that 32 some of the homes in this area have a high water table to begin with and asked if this would 33 affect the water table. City Council Regular Meeting Minutes June 23, 1998 Page 10 1 Mr. Hubmer stated this would not adversely affect the water table because it will drop the ground 2 elevation three feet. He did not believe this plan was much different than the previous plan but 3 noted that the previous plan did not show the location of the homes. The wetland_area.is-right 4 along the edge of the property line of the park. 5 Allan Otte, 3508 Skycroft Drive, explained that this plan is different in that it includes a 4-1 6 slope which eliminates the need for a berm which would trap water on the property. This is a 7 better approach. 8 Mr. Johnson again asked if this would affect the water table and noted that sump pumps in this 9 area run everyday whether it has or has not rained. 10 Mr. Hubmer stated this would not increase the problem. 11 Mr. Harding asked why the water has to be directed to open fields rather than the storm sewer. 12 Mr. Hubmer explained that the sewer does not have the capacity to carry the water so there has to 13 be a place to store the water until the storm sewer can handle it. 14 Sandy Maxwell, 3540 Skycroft Drive, asked if all this standing water would create a mosquito- 15 haven. She had thought that the holding pond was located further from the homes. 16 Mr. Hubmer stated the area of a potential breeding ground for mosquitoes is very small. It would 17 be the open ditch area which is only 1 foot by 10 foot. There will not be standing water in the 18 dry pond. 19 Mrs. Maxwell asked if a mesh could be placed over the hole for safety. 20 Mr. Hubmer explained that a 4-1 slope is not steep. He did not believe that there was a safety 21 concern. 22 Mr. Maxwell, 3540 Skycroft Drive,noted that all but two of the properties in this area along the 23 border of the park slope to the park. 24 Mr. Hubmer explained that an existing grass swale behind those two properties will be enlarged 25 so that the water will drain to the swale instead of the yards. 26 Marks noted that the layout of the ballfields as shown is significantly different than currently 27 exists. 28 Mr. Hubmer stated the ballfields will remain in their current location. City Council Regular Meeting Minutes June 23, 1998 Page 11 1 Mr. Hubmer then explained the improvements to Silver Point Park. Currently,the park includes 2 two softball diamonds (one adult and one youth), a small basketball court, playground, warming 3 house/pavilion, a make-shift soccer field, and a hockey rink which has to be partially 4 disassembled to provide room for the softball use. 5 The proposal for the Park will remove some park area and one softball diamond.* It will include .6 lowering the Park twelve to fifteen feet with slopes of 3-1, relocation of the warming house, and 7 a hockey rink and skating area. The softball and soccer field, basketball court and playground 8 area will be placed back in the Park. There will be an attempt to salvage the playground 9 equipment. The Park will be wet in large storm events.' There will be a 55-foot buffer zone from 10 the area of excavation. The hockey rink area will be four feet lower than the soccer and softball 11 field. There will be a deeper depression on the west end of the Park where the water will 12 accumulate with a gravity storm system out toward Highway 88. 13 John Jedinak, 2823 Silver Lake Road, asked the distance from the area that is 15 feet deep to his 14 property. 15 Mr. Hubmer stated it will be five to ten feet from the property line. 16 Mr. Jedinak stated that 45 years ago this park was a swamp. He had to.haul in fifteen loads of 17 dirt, build that area up, and pump the water out to keep the water.from coming into his yard. He 18 expressed concern that if this is dug out it will open up the veins and his basement will again be a 19 holding pond. 20 Mr. Hubmer explained that there will be a gravity system. He acknowledged that ground water 21 is an issue in this area. WSB will accommodate that with drain tile. By lowering the park and 22 installing a gravity system, the high water level should also be lowered. The current elevation in 23 front of Mr. Jedinak's home is 925 feet and the lowering of the park will result in an elevation 24 not to exceed 919-920 feet. 25 Peter Willenbring, WSB &Associates, acknowledged that ground water is a problem in this area. 26 He explained that the concept is to dig a hole twenty feet deep, almost like a hill, and let the 27 water run away. During a heavy rain the water will run into the depression. There is some 28 concern with the gumbo-clay soil. This type of soil traps water and does not let it infiltrate to the 29 bottom under the basement. This is bad for keeping water next to the house away from the house 30 but is good because it does not allow the water to go through to the house. He explained that if 31 there was a storm similar to the one which occurred last summer,the depression would drain 32 within one day. This depression should help to lower the water table in the entire surrounding 33 area and should help with Mr. Jedinak's water problem: 34 Mr. Jedinak stated he was opposed to the proposal. 35 Mr. Willenbring asked him for his suggestions. .__ City Council Regular Meeting Minutes June 23, 1998 Page 12 1 Mr. Jedinak stated he would install large culverts underground to hold the water. He noted that 2 the Park was just remodeled, new trees were planted, and a new backstop installed. 3 Mr. Willenbring stated he understood Mr. Jedinak's concerns. 4 Marilyn Leach, 2712 341 Avenue, stated the fields being discussed are not softball fields, nor 5 were they ever designed to be. They are too short and small and were designed for t-ball. She 6 stated her main concern is that the City not lose the Park. She was concerned that the City would 7 install the ditch and drop the park without finishing it. At one point she had been told that this 8 was to be a temporary holding pond. 9 Mayor Ranallo stated there was a proposal in 1992 to remove the Park. Since that time there has 10 never been discussion of removing the park and not replacing it. There is a proposal to lower the 11 park so that it can serve a dual purpose. He suggested that the phrase temporary holding pond 12 was referring to the amount of time that the water would be in the pond. 13 Ms. Leach questioned when the Park would be replaced. She wanted a guarantee that the funds 14 are available and are allocated for this use. ' 15 Mr. Hubmer explained that construction of the Park is scheduled for this fall, with restoration in 16 the spring. The Park will then be allowed to rest for the summer and will be available for winter ' 17 sports. 18 Ms. Leach noted that the soil borings are not back yet and stated she is interested to see what lies 19 under the Park. She hoped that the funds are available to remove what is buried there and that 20 this will not threaten the use of the Park. 21 Ms. Leach stated she is concerned with home valuation in the area. She was hopeful that a study 22 had been done in respect to this issue. She noted that there has been a water problem for forty 23 years and stated she hoped that this solution will not just move the problem from one area to 24 another. Ms. Leach also asked why the City does not hook-up to the Minneapolis system and 25 install a larger sewer system. 26 Mr. Hubmer explained that St. Anthony is hooked-up to the Minneapolis system. The reason the 27 City does not build a larger sewer system is that it would cost$20 million. The proposed 28 solution will cost $6 million. 29 Mr. Hubmer displayed photographs of similar parks in other areas. He displayed a park with a 30 2.5-1 slope and a twelve foot change in elevation, a 3-1 slope with a 25 foot change in elevation, 31 a park design which incorporated a retaining wall and bleacher system, and a 3.5 to 4-1 slope 32 with a twelve foot change in elevation. City Council Regular Meeting Minutes June 23, 1998 Page 13 1 Mr. Willenbring displayed a picture of Monroe Park which is located in the City of Richfield. 2 This is a sandy environment which is utilizing french drains rather than a gravity system. This 3 park area was lowered by six feet. The City of Richfield was developed in the same era as St. 4 Anthony and is currently using all their parks to hold rain water. 5 Mr. Jedinak expressed concern that when the whole basin fills with water, the pressure will be so 6 great that it will open the veins and bring water into his basement. He asked how large the buffer 7 area would be. He noted that the park will lose approximately one acre of land with this proposal 8 and questioned how all the amenities would be placed on only three acres. 9 Mr. Willenbring again explained that the depression should lower the water table in the area. He 10 stated that the buffer zone will be fifty to sixty feet. He acknowledged that the size of the park 11 will be reduced by approximately one acre. 12 Cindy Lerner Smith, 3100 291 Avenue NE, noted that ground water is a problem for her. Her 13 sump pump runs constantly. She has an eleven month old child and is concerned with the safety 14 of children around the depression. She asked if there was something that could be done to 15 control the seepage and asked if new piping would be installed. 16 Mr. Willenbring stated this will be hooked-up to existing 1988 piping. 17 Ms. Smith noted that the report stated that there was no property damage in this area yet there is 18 property damage. She questioned what material will be used in the depression and how long it 19 will last. She questioned if this solution was merely a band-aid for the problem. 20 Mr. Willenbring stated the City has experienced a lot of damage as a result of the flood in 21 different areas. The solutions considered included installing much bigger pipes to carry away the 22 water. This solution seems simple but that water will go to other cities and impact those cities. 23 This is not feasible based on the existing drainage laws and other jurisdictions that will not allow 24 a City to discharge more water downstream than currently is being done. 25 The City of St. Anthony is attempting to find a solution that will minimize the impact to 26 residents at a reasonable cost. WSB is suggesting to use the parks to hold water on a temporary 27 basis. It would not be in WSB's best interest to transfer the problem from one area to another. 28 Mr. Willenbring stated that if after the soil borings are received, it is determined that the water 29 will run through the soil toward the houses, an imperviable clay can be added to prevent this. 30 The process will include obtaining a detailed soil analysis, checking the water table and how 31 impervious the soil in this area is. 32 Mayor Ranallo reported that when the City was attempting to obtain funding, one thing that was 33 stressed and the reason the request was approved by the DNR,was that the proposed solution 34 would not transfer water to another location. City Council Regular Meeting Minutes June 23, 1998 Page 14 1 A resident asked if any other areas in the City were considered for ponding. She suggested the 2. Town and Country site be utilized. She stated she lived on Highway 88 and there are fox and 3 geese, and-asked what other types of animals this pond will attract. She expressed_ concern for 4 the children and asked who would provide insurance to protect them.' 5 Mr. Hubmer explained that WSB had looked at purchasing other properties in the area. This 6 would require the purchase of forty to fifty homes in the area at a cost of$150,000 to $200,000 7 each. The other option was to pipe an outlet to the Mississippi River at a cost considerably over 8 $20 million. He explained that WSB had to look at this as a fully developed community where 9 land is at a premium. This is the most economical solution which is feasible and fundable. 10 Rick Leach, 2712 341 Avenue, asked who would pay for the addition of the clay if the existing 11 soil did not work. 12 Mr. Willenbring stated the need for clay would be determined prior to the start of construction by 13 determining how transmissive the soil is. If necessary, the clay liner would be installed during 14 construction. 15 John Kieffer, 2824 Old Highway 8, noted that the lowest part of the park is the hockey rink 16 which is adjacent to his backyard. He has lived in the house, which sits on a hill and slopes 17 down to the yard, for ten years and every year the backyard floods. He has spent$3,000 to 18 $4,000 over the last four years installing a drain tile system to stop the flooding. He stated he 19 wanted a guarantee that this proposal would not bring back the flooding which occurred when he 20 first purchased the home. 21 Diane Skrivseth, 2815 Silver Lake Road, stated she believed the plans for the park are a"done 22 deal". She did not believe the playground should be located next to Highway 88 as this is where 23 everyone parks and was concerned with young children running out between cars. She asked if 24 the boards for the hockey rink would be kept up all year and suggested they could be taken down 25 in the summer to provide room for a soccer field. She noted space was necessary for the huge 26 water tank to access the park and fill the rinks. She explained that her yard is three feet higher 27 than the park and expressed concern of the location of the lights once the park is lowered. There 28 is a tree next to her lot line and she expressed concern for the root structure during excavation. 29 She questioned how a utility truck would get up the slope to access downed lines, etc. She 30 questioned who would be responsible for the landscape and vegetation. She suggested that funds 31 be allocated for upkeep of the vegetation. 32 Unidentified Resident, stated she was concerned with the water table and questioned what would 33 happen if digging is started and the water table is reached. 34 Mr. Hubmer explained that previously the site was a swamp and there was no place for the water 35 to go. Now there will be a pipe and the water will drain out to County Road 88. City Council Regular Meeting Minutes June 23, 1998 Page 15 1 Ms. Smith asked if there would be a gate during construction. 2 Mr. Hubmer stated there will be. The entire site will be blocked off. 3 Unidentified resident, suggested that holding ponds be installed in the industrial park where all -4 the buildings sit empty. 5 Mr. Hubmer stated that area is considerably higher ground. 6 Bruce Troop, 301 Avenue NE, asked if problem area#5 was a "done deal'. He stated his 7 neighbor Mr. Swanson was present at the last Council meeting and was told that his land would 8 be condemned if he did not sell it to the City. He suggested that the City will also be taking his 9 land and asked why he had not been notified. 10 Mr.Hubmer explained that WSB is in the process of determining which areas need construction 11 of another holding pond. The Council has authorized WSB to acquire the properties and 12 meetings will be held next month to discuss the findings with property owners. The first step is 13 for WSB to define the impact to the area. 14 Mr. Troop asked if the City would take his land if he did not want to sell it. He stated he has no 15 problems with flooding. He stated he was more concerned with the process. 16 Mayor Ranallo explained this has been an ongoing process since July 15, 1997. At this point 17 nothing is a "done deal' and that is why a public hearing is being held this evening. 18 Sue Wacher, 2813 30''Avenue, questioned why she had not been notified that her yard was to be 19 made into a holding pond. 20 Cavanaugh explained that this process has been ongoing since last summer. Silver Point and 21 Central Parks are the first areas to be addressed. When her property is addressed she will be 22 notified. 23 Sue Kozarek, explained that this process has been going on for a year. The meetings have been 24 public and were well attended and provided an opportunity to see the proposals and give input. 25 She stated she believed that everyone had'a fair shake at providing input. She acknowledged that 26 some residents will be adversely affected by the proposal but noted that others have already been 27 adversely affected by the flooding. 28 Mr. Swanson, 3020 Silver Lake Road, stated he had discovered that he'would be affected by 29 reading between the lines of the newspaper. He stated he attended a Council meeting where a 30 resolution was passed that gave the City Manager and the engineer authorization to acquire his 31 and the neighbor's land. City Council Regular Meeting Minutes June 23, 1998 Page 16 1 Mayor Ranallo stated this was not true. The resolution authorized the City Manager to look at 2 the property and sit with the residents to discuss the purchase of that property for use as a holding 3 pond. 4 Mr. Swanson stated his neighbors were not aware of this situation until he and his wife started 5 notifying them. He noted that Mr. Hubmer says the City cannot pass the problem onto another 6 neighbor but they are passing it on to his neighbors without any notification and he resents this. 7 He stated he did not have a flooding problem, does not want to sell his land, and asked that the 8 City just leave him alone. 9 Mr. Lomar, stated he would like to speak in defense of the City Council and the Storm Water 10 Task Force. This is the first Council in 42 years who has had the guts to tackle the problem and 11 come up with a practical, relatively inexpensive solution. The Task Force put in over 100 man 12 hours since last August. Residents had an opportunity to be involved in the Task Force meetings 13 and.it is a little late now to come here and*ask questions that should have been asked at those 14 meetings. He stated this.is a waste of everyone's time. He stated that Peter Willenbring and 15 Todd Hubmer are part of a group of the best engineers in the State of Minnesota. 16 Stanley Kosal, 2801 Silver Lake Road, stated he was fortunate to have no water in his basement 17 and no need for a sump pump. He stated that Peter Willenbring and Todd Hubmer have done 18 good work. He noted that gravity systems have worked for centuries. He was willing to give the 19 proposal a try. 20 Mr. Willenbring explained that the process has included the City authorizing an engineering 21 study (feasibility report)to be done. This determined a range of options of solutions to correct 22 the problem. It was determined that it would cost a minimum of$6 million to build the 23 necessary improvements. The City did not have the funds available but has been very successful 24 in obtaining a large amount of funding. A public hearing is now being held and residents are 25 now being notified as there is now a reasonable description of the project. The City will then 26 authorize WSB to proceed with the plans and specifications of the proposal. 27 Motion by Faust, second by Thuesen to close the public hearing at 9:37 p.m. 28 Morrison noted that the Council had given WSB authorization to look at the plans and 29 specifications for this project at the May 26, 1998 Council meeting contingent on this public 30 hearing. 31 Motion by Faust, second by Marks to authorize WSB to move forward with the redevelopment 32 of Central Park and Silver Point Park. 33 Motion carried unanimously. 34 City Council Regular Meeting Minutes June 23, 1998 Page 17 1 Marks asked if close coordination with the Park Commission in regard to the layout of the parks 2 is anticipated. 3 Morrison stated that WSB will be included on the first or second agenda of the Parks .4 Commission. 5 IX. NEW BUSINESS. 6 A. Resolution 98-052, re: Approve Comprehensive Water Resource Management Plan. 7 Todd Hubmer, WSB and Associates,reported that the City of St. Anthony began this process the 8 winter of 1996 and has notified the Metropolitan Council that it will be adopting it's Water 9 Resources Management Plan this evening. The Plan has been sent to the Rice Creek Watershed 10 District (RCWD), Middle Mississippi Watershed Management Organization(MMWMO), 11 Metropolitan Council, Hennepin Soil and Water Conservation District(HSWCD), and the 12 Ramsey Soil and Water Conservation District(RSWCD), for their review and approval on 13 August 7, 1997. Comments were received from the Metropolitan Council,the RSWCD, and the 14 RWCD. 15 Mr. Hubmer reported a letter dated June 5, 1998, was received by the City from the Silver Lake 16 Homeowners Association Water Quality Committee.-This letter included six points of 17 consideration and Mr. Hubmer responded to each in the following manner: 18 1. What is the City's plan for the RCWD recommendation that the City be more proactive 19 before development occurs? We would support the City taking a proactive position on 20 water quality issues in this Resource Management Plan. 21 Mr. Hubmer stated the City could not become more proactive because the City is fully developed 22 in the watershed tributary to Silver Lake. The City has, as part of this plan, committed to looking 23 at water quality issues as redevelopment within this watershed occurs. WSB would welcome 24 ' recommendations from the Silver Lake Homeowners Association for a more proactive position 25 on water quality. 26 2. WSB & Associates has made statements regarding treatment of water flowing into Silver 27 Lake which seem to minimize the true extent of water draining into Silver Lake 28 untreated. Todd E. Hubmer, P.E., letter to RCWD Engineer Derek Knapp, dated April 9, 29 1998 page#4,paragraph 3, last sentence "the City of St. Anthony has very little drainage 30 area tributary Silver Lake which is not pretreated." Although this statement does not 31 appear to be a part of this report it appears to be used by Mr. Hubmer to justify the City 32 of St. Anthony's failure to include a comprehensive plan for the storm water run-off that 33 flows directly into Silver Lake untreated. We have marked those areas that are currently 34 untreated on the attached map. We are concerned with these areas flowing into Silver 35 Lake and the fact that this plan does not address these areas as requested by the RCWD 36 Engineer. (a-e then listed the areas left untreated) City Council Regular Meeting Minutes June 23, 1998 Page 18 1 Mr. Hubmer stated that Ramsey County Department of Public Works Environmental Services 2 Division prepared a report on the quality of water.in Silver Lake in 1989. They determined that 3 water quality management efforts in the Silver Lake Watershed should focus on the following: 4 5 Phosphorus and solids loading from the Apache Plaza Subwatershed. 6 Snow melt and early spring pollutant loading into the lake. 7 Implement Best Housekeeping Practices throughout-the watershed. 8 9 As part of the redevelopment at Apache Plaza, the City, in coordination with the RCWD, has 10 required the construction of storm water treatment basins. In addition,the City of St. Anthony is 11 implementing Best Management Practices as outlined in the Goals and Policies of this plan. 12 These Best Management Practices include: 13 Sweeping streets five times annually (spring and fall sweeping are a priority); [Mr. 14 Hubmer stated this is more than any community he has worked in] 15 Public education program; 16 Catch basin stenciling; and 17 Recommendations for buffer strips immediately adjacent to protected waters. 18 19 Currently,the City has approximately 330 acres of drainage area tributary to Silver Lake. There 20 is approximately 140 acres for which there is very little opportunity to provide storm water 21 treatment without the purchase of homes or commercial property. Therefore, it is recommended 22 that water quality measures be implemented, or considered as part of redevelopment activities 23 within the watershed. 24 3. We would like to have the City adopt a policy of water treatment to deal with small 25 parcels that do not fall under RCWD policies such as trapping of floatables on site before 26 they reach the storm sewer system. 27 28 Mr. Hubmer stated there is a policy in place, Policy IV.B.4,which addresses this issue. If this 29 policy in its existing language is not adequate, perhaps it could be modified to accommodate the 30 Silver Lake Homeowners Association. 31 4. We would like the City to adopt a policy whereby final use and occupancy permits would 32 not be issued until all RCWD requirements are met. Temporary permits could be used 33 until all work has been completed, satisfying all RCWD drainage requirements. 34 Mr. Hubmer stated a policy of this type could be added to the Comprehensive Storm Water 35 Management Plan. It would require the City to modify the requirements for receiving an 36 occupancy permit. 37 5. Appoint a Citizen Advisory group that would advocate water quality improvements for 38 Silver Lake. Explore capital improvements. City Council Regular Meeting Minutes June 23, 1998 Page 19 1 Mr. Hubmer stated a Citizen Advisory group is a good option to investigate capital 2 improvements for improving the.quality of water within-Silver.Lake. 3 6. That the City notify the Silver Lake Homeowners Association of all development • 4 proposal affecting Silver Lake and its drainage area at the earliest possible opportunity. 5 Mr. Hubmer stated he believed that all development projects within the City must be approved 6 by the City Council at which point the Silver Lake Homeowners Association may voice their 7 concerns or recommendations on projects within the Silver Lake drainage area. 8 Mr. Hubmer stated he appreciated the comments of the Silver Lake Homeowners Association 9 and welcomed any additional comments they may have. 10 Doug Jones, 2505 Silver Lane, asked that this item be tabled until the Silver Lake Water Quality 11 Committee has an opportunity to meet and discuss the response of WSB. He did not believe that 12 receiving a response to his letter dated June 4 at this meeting time provided him adequate time to 13 respond. 14 Mr. Jones noted that Mr. Hubmer has stated that the City of St. Anthony is a fully developed 15 community. He did not agree and noted all the vacant space at Apache Plaza and the unutilized 16 space in the community. He suggested that the statement that the bulk of the storm water that 17 drains into Silver Lake is pretreated is erroneous, a bold-faced lie. Only a small area of Apache 18 Plaza is treated. He noted that the map which was given to WSB did not even include the area of 19 the Salvation Army Camp. He stated there had to be capital improvements,just like those being 20 made to Silver Point Park and Central Park. He applauded the Council on the efforts with the 21 parks and stated he felt this would be a tremendous improvement. He stated Silver Lake is an 22 asset to the community and that the community has to take action to protect it. 23 Mr. Jones stated that last May he participated in a survey and questionnaire and was told that the 24 information would be digested by the engineers and there would then be a public hearing. He 25 stated he may have been confused but he thought it was a portion of a study of Silver Lake. He 26 stated it is imperative that the Silver Lake Homeowners Association be asked for their comments 27 before the study was adopted and they were not. He suggested that everyone needs to work 28 together to obtain all opinions early in the planning and all will then buy into the solution. 29 Mayor Ranallo asked if the Planning Commission conducted a public hearing in regard to the 30 Water Resource Plan during the Comprehensive Plan Update process. 31 Commissioner Makowske stated he did not recall holding a special meeting on the Water 32 Resource Plan. 33 Mr. Hubmer stated there was a public information meeting held in May 1997. -- City Council Regular Meeting Minutes June 23, 1998 Page 20 1 Motion by Cavanaugh, second by Marks to table consideration of Resolution 98-052, approving 2 the St. Anthony Comprehensive Water Resource Management Plan. 3 Motion carried unanimously. 4 B. Resolution 98-053,re: Award Bid for Rehabilitation of Elevated Water Storage Tank. 5 Motion by Faust, second by Thuesen to approve Resolution 98-053, awarding bid for 6 rehabilitation and recoating of existing water storage tank to V.E Gray and Son Contracting, Inc. 7 in the amount of$166,642.00. 8 Richard C. Potts, Rieke Carroll Muller Associates, Inc.,reported that five bids were received for 9 the rehabilitation and recoating inside and out, of the water tower storage tank. He noted he has 10 also included a contingency cost for crack filler of 1/8 inch or more for an estimated 100 feet and 11 a unit price for welding. The total contingency amount may or may not be used. The anticipated 12 total project cost is$194,142. 13 Motion carried unanimously. 14 . C. Resolution 98-054, re: Award Bid for Replacement of Underground Fuel Tanks. 15 Motion by Marks, second by Cavanaugh to approve Resolution 98-054, awarding bid for 16 replacement of existing underground fuel tanks.to Ceres Environmental with a base bid of 17 $71,470.00 and options B, C, D, and E with a bid of$13,650.00. 18 Motion carried unanimously. 19 D. Ordinance 1998-011,re: Cable TV Renewed Franchise (Waive 11 and 2nd Readings and 20 Adopt). 21 Motion by Marks, second by Thuesen to waive the V and 2nd readings and approve the 31 22 reading and adoption of Ordinance 1998-011; granting a franchise to MediaOne to construct, 23 operate, and maintain a cable communications system in the City of St. Anthony; setting forth 24 conditions accompanying the grant of the franchise. 25 Motion carried unanimously. 26 E. Removal of Geese. 27 Mayor Ranallo reported that Councilmember Cavanaugh had received a telephone call from the 28 Salvation Army Camp complaining of a problem with geese and the City has received a letter 29 dated June 23, 1998 requesting assistance with removal of the geese. Mayor Ranallo explained 30 that this is the time of year when goslings can be moved safely. 31 Motion by Marks, second by Faust to authorize an amount not to exceed$400 for the next three 32 years to assist in the removal of geese from the Silver Lake Camp. City Council Regular Meeting Minutes June 23, 1998 Page 21 1 Motion carried unanimously. 2 3 B. Councilmembers. 4 Faust reported his attendance at the League of Minnesota Annual Conference in Duluth, 5 Minnesota with Cavanaugh. He stated this was a very rewarding conference and he encouraged 6 others to attend. He noted that Dick Beardsley,marathon runner, had given a heart rendering 7 presentation on goals and attitudes. 8 Cavanaugh reported his attendance at a Northwest Family Services Board meeting which was 9 basically devoted to organizational discussion. 10 Cavanaugh reported his attendance at the League of Minnesota Cities conference. He suggested 11 that the entire Council attend the meeting as a team. He stated he really enjoyed two seminars, 12 one on volunteers in the community and another on implementing community for youth. There 13 were a tremendous amount of vendor booths with current ideas and products. 14 Cavanaugh reported the next meeting of the Alcohol and Drug Prevention Task Force is 15 scheduled for Monday, June 29. He has been asked to co-chair this Task Force along with Jane 16 Eckert, School Boardmember. 17 Motion by Marks, second by Faust, to appoint Dennis Cavanaugh as the Council representative 18 to the Alcohol and Drug Prevention Task Force. 19 Motion carried unanimously. 20 Cavanaugh invited the community to participate in this meeting on'June 29 at 7:30 P.M. at City 21 Hall. 22 Marks reported the Sister City Committee continues to work on finalizing the establishment of a 23 501(c)(3) organizational structure. 24 C. Mayor. 25 Mayor Ranallo reported a call he received from the residents across the street from the Exhaust - 26 Pro Shop. This business was granted a Conditional Use Permit a couple years ago and it was 27 based on the condition that no more than two-three cars would be parked on site. The business 28 has since been sold to another owner and he is renting trucks and trailers. The City Manager will 29 be investigating to determine if the site is in compliance with the conditions of the conditional 30 use permit in regard to the vehicular traffic and the cleaning up of the property to bring it into 31 compliance, including blacktopping and landscaping. 32 33 Mayor Ranallo noted that one year ago the Planning Commission report was moved from the 34 second Council meeting of the month to the first. He stated this can present a problem as the 35 Council does not always have the minutes from the Planning Commission meeting. - City Council Regular Meeting Minutes June 23, 1998 Page 22 1 Faust noted the decision to make this change was based on the desire to better accommodate the 2 applicant. 3 Mornson stated he would check with TimeSaver Secretarial to determine if the minutes could be 4 delivered to the City in time to allow the Councilmembers to pick them up by the weekend. 5 6 D. City Manager. 7 Mornson noted that when the Council approved the underground storage tank removal,the 8 recommendation included everything except for the removal of the fuel tanks as there was not 9 enough funds in the budget. The tanks do not have to be removed until 1999,. but the Finance 10 Director is recommending that the $9,404 needed to remove the tanks be funded from the 11 existing Revolving Fund's Fund Balance,based on the fact that the City has the funds now and it 12 is uncertain what the cost will be next year. 13 There was Council consensus that the Memorandum of June 22, 1998 from the Finance Director 14 was taken into consideration and his recommendations were accepted as proposed. 15 Mornson reported that the Park Commission application period closed today and six applications 16 were received for seven positions. The interview process will be conducted.on June 29 at 7:00 17 P.M. 18 Mornson reported that the survey being conducted by Decision Resources is still going well 19 although they are having a difficult time finding residents at home due to all the activities of 20 summer. 21 Mornson reported the City has filled a vacant accounting position in the Finance Department. 22 The new employee will begin on July 13. The City has also received the resignation of the 23 Public Works Superintendent. 24 Mornson noted that at the last meeting he reported that the Metropolitan Council was delaying 25 approval of the Comprehensive Plan until the Council adopted a resolution which states their. 26 intent to adopt a Surface_Water Management Ordinance. Mornson reported he had a meeting 27 with the representative today and the representative will be sending a letter explaining why they 28 will delay approval. 29 Mornson reported the Surface Water Management Ordinance and the Comprehensive Water 30 Management Plan(which was tabled tonight), are required prior to final adoption of the 31 Comprehensive Plan. The Comprehensive Plan is required by law to be adopted by December 32 31, 1998 and the hearing on the Comprehensive Plan will be held by the City Council in August 33 or September. 34 Cavanaugh suggested that the Silver Lake Homeowners Association should be involved in 35 discussions regarding the Surface Water Management Ordinance. City Council Regular Meeting Minutes June 23, 1998 Page 23 1 Mornson explained that the Ordinance will have an impact City-wide. Mornson noted there are 2 two provisions, one for fertilizer and one for mowing around the lakeshore. These are 3 recommendations and'do not necessarily have to be included in the Ordinance: 4 Mornson reported that he and the Finance Director will be meeting with the company who 5 presented the proposal for.computer,upgrade to discuss the training element,,,Phase I of the 6 webpage, and Staff is in the process of obtaining bids for the computer equipment upgrades. 7 Mornson reported WSB will be present at the July 14 Council meeting to provide a report on the 8 grant program that is currently ongoing. The deadline was last Monday and approximately 35 9 applications have been received. 10 Mornson reported that the Planning Commission interviewed Planning Consultants at their last 11 meeting and are suggesting reopening of the process as there was only one Consultant to 12 interview. 13 Commissioner Makowske reported seven RFPs were sent out and only three responses were 14 received. Of those, one responded that they were not interested in a project like this, and the 15 other two are very far.apart in cost and in method. 16 Mayor Ranallo reported he had received a request to appear at the State Capitol to receive an 17 award honoring St. Anthony for having one of the first units in the Civil War. He stated the 18 validity of this is being investigated. 19 X. UNFINISHED BUSINESS -None. 20 XI. ADJOURNMENT. 21 Motion by Marks, second by Faust to adjourn the meeting at 10:24 P.M. 22 Motion carried unanimously. 23 24 Respectfully submitted, 25 Lorri Kopischke 26 Timesaver Off Site Secretarial 27 28 Mayor 29 ATTEST: 30 City Clerk