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HomeMy WebLinkAboutCC MINUTES 06231992 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101301 Box: 19 Folder: CC MINUTES AND AGENDAS 1992 Document: CC MINUTES 06231992 1 CITY OF ST. ANTHONY REGULAR COUNCIL MEETING 4 5 JUNE 23 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. by Mayor Ranallo 11 who led the Pledge of Allegiance . 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranal lo, Councilmember Marks , Enrooth, 16 Fleming and Wagner 17 18 Staff Present : City Manager Burt and City Attorney Soth 19 20 3 . APPROVAL OF AGENDA FOR JUNE 23 , 1992 COUNCIL MEETING 21 22 Motion by Marks , second by Wagner to approve the agenda for 23 the June 23 , 1992 Regular Council Meeting with one addition to 24 the Council Reports on establishing a date for a special 25 council meeting. 26 27 Motion carried unanimously 30 4 . APPROVAL OF JUNE 2 , 1992 COUNCIL MEETING MINUTES 31 32 Motion by Marks , second by Fleming to approve the minutes of 33 the June 2 , 1992 Regular Council Meeting with the following 34 corrections : 35 36 page 9, lines 37/38 : Delete the word "after" on line 37 and 37 add to the end of the sentence on line 38 "for further input 38 and review. " 39 40 page 12 , line 23: ' Change the word "Commission" to 41 "Commissioner" and add to the end of the sentence "Vice 42 President . " 43 44 Motion carried unanimously 45 46 5. LICENSES/PERMITS/PETITIONS 47 48 Contractor ' s License 49 50 Motion by Marks , second by Wagner to approve the contractor ' s 51 license for Earle Weikle & Sons , Inc . of Minneapolis , Mn . 52 Motion carried unanimously 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 2 4 5 6 Temi)orary 3 . 2 Beer Permit 7 8 Motion by Wagner, second by Fleming to approve the 3 . 2 9 temporary beer license for Joseph Johnsen for use in Central 10 Park on July 6 , 1992 from 11 : 00 a .m. until 10 : 00 p.m. 11 12 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 13 Marks - nay 14 15 Motion passes 16 17 Multiple Dwellina Licenses 18 19 Motion by Marks , second by Wagner to approve the multiple 20 dwelling license for the 42 units at 3817 Macalaster 21 Drive/Apache Manor LTD Partnership. 22 23 Motion carried unanimously 24 25 Motion by Marks , second by Wagner to approve the multiple 26 dwelling license for the 12 units at 3721 Chandler 27 Drive/Cameron Properties . Motion carried unanimously 30 31 Motion by Marks , second by Wagner to approve the multiple 32 dwelling license for the 45 units at 2626 Kenzie Terrace/ 33 Walker Senior Housing. 34 35 Motion carried unanimously 36 37 Motion by Marks , second by Wagner to approve the multiple 38 dwe.11ing license for the 58 units at 3800/3808 Macalaster 39 Drive/Macalaster Manor Partnership. 40 41 Motion carried unanimously -42 43 Heatina License Renewals 44 45 Motion by Marks , second by Wagner to approve the heating 46 license renewal application for EAH Schmidt & Associates , Inc . 47 of New Hope, Mn . 48 49 Motion carried unanimously 50 51 Motion by Marks , second by Wagner to approve the heating 52 license renewal application for Rapid Heating & A/C of Crystal , Mn . Motion carried unanimously 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 3 5 6 Motion by Marks , second by Wagner to approve the heating 7 license renewal application for Market Mechanical , of 8 Plymouth , Mn . 9 10 Motion carried unanimously 11 12 Motion by Marks , second by Wagner to approve the heating 13 license renewal application for Care Air Conditioning & 14 Heating, Inc . of New Brighton, Mn . 15 16 Motion carried unanimously 17 18 Motion by Marks , second by Wagner to approve the heating 19 license renewal application for Royalton Heating and Air 20 Conditioning of Brooklyn Park, Mn. % i Z2 Motion carried unanimously 23 24 Motion by Marks , second by Wagner to approve the heating 25 license renewal application for Brady Mechanical Services , 26 Inc . of Little Canada, Mn . 27 Motion carried unanimously 30 Motion by Marks , second by Wagner to approve the heating 31 license renewal application for Richmond & Sons Electric , dba 32 Golden Valley Heating and Air Conditioning of Golden Valley, 33 Mn . 34 35 Motion carried unanimously 36 37 Motion by Marks , second by Wagner to approve the heating 38 license renewal application for Fred Vogt & Company of St . 39 Louis Park , Mn . 40 41 Motion carried unanimously 42 43 Motion by Marks , second by Wagner to approve the heating 44 license renewal application for Dependable Indoor Air- Quality, 45 Inc. of Coon Rapids , Mn . 46 47 Motion carried unanimously 48 49 Motion by Mark's , second by Wagner to approve the heating 50 license renewal application for Home Energy Center of 51 Plymouth , Mn . 52 - Motion carried unanimously 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 4 4 5 6 Notion by Marks , second by Wagner to approve the heating 7 license renewal application for Standard Heating & Air 8 Conditioning Company of Minneapolis , Mn . 9 10 Motion carried unanimously 11 12 Motion by Marks , second by Wagner to approve the heating 13 license renewal application for Owens Services Corporation of 14 Bloomington, Mn . 15 16 Motion carried unanimously 17 18 Motion by Marks , second by Wagner to approve the heating 19 license renewal application for Centraire Inc. of Eden 20 Prairie, Mn . 21 22 Motion carried unanimously 23 24 Motion by Marks, second by Wagner to approve the heating 25 license renewal application for Sedgewick Heating & Air 26 Conditioning Company of Minneapolis , Mn . 27 Motion carried unanimously 30 Motion by Marks , second by .Wagner to approve the heating 31 license renewal application for Minnegasco, Inc . of 32 Minneapolis , Mn . 33 34 Motion carried unanimously 35 36 Motion by Marks , second by Wagner to approve the heating 37 license renewal application for Rouse Mechanical , Inc . of 38 Minnetonka , Mn . 39 40 Motion carried unanimously 41 42 Motion by Marks , second by Wagner to approve the heating 43 license renewal application for Dean ' s Heating and Air 44 Conditioning, Inc. of Cambridge , Mn . 45 46 Motion carried unanimously 47 4.8 Motion by Marks , second by Wagner to approve the heating 49 license renewal application for Yale Incorporated of 50 Bloomington, Mn . 51 52 Motion carried unanimously 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 5 5 6 6 . PRESENTATION OF CLAIMS 7 8 A. Maier Stewart & Associates 9 10 Motion by Marks , second by Enrooth to approve payment in 11 the amount of $636 . 67 to Maier Stewart & Associates for 12 engineering services rendered from April 26 , 1992 through 13 May 30 , 1992 . 14 15 These engineering services were for the Kenzie sidewalk 1.6 project. 17 18 Motion carried unanimously 19 20 21 B. American Bank 22 23 Motion by Marks , second by Enrooth to approve payment in 24 the amount of $7 , 716 . 25 to the American Bank. 25 26 This is for interest due. 27 0 Motion carried unanimously 30 C. Recreational Surfacers 31 32 Motion by Marks, second by Enrooth to approve payment in 33 the amount of $13, 980 . 00 to Recreational Surfacers . 34 35 This firm resurfaced seven tennis courts and completed 36 the project on May 29 , 1992 . 37 38 Motion carried unanimously 39 40 D. Dorsey & Whitney Law Firm 41 42 Motion by Marks , second by Enrooth to approve payment in 43 the amount of $965 . 70 to Dorsey & Whitney law firm for 44 professional services rendered through April 30 , 1992 on 45 various matters . 46 47 Motion carried unanimously 48 49 E. Verified Claims 50 51 Motion by Marks , second by Enrooth to approve the five 52 pages of verified claims as submitted by the Finance Director . Motion carried unanimously 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 6 4 5 6 Referring to the claim submitted by Maier Stewart & 7 Associates for its work on the Kenzie sidewalks , 8 Councilmember Wagner observed that the firm' s work 9 includes inspection of the completed project . He stated 10 that the project is not yet complete therefore the 11 inspections cannot be done. 12 13 Motion by Wagner, second by Marks to remove the claim of 14 Maier Stewart & Associates and -delay payment until the 15 project is completed and the inspections have been done . 16 17 Motion carried unanimously 18 19 7 . REPORTS 20 21 A. Council Reports 22 23 Report of Councilmember Wagner 24 25 Councilmember Wagner attended the League of Minnesota 26 Cities Annual Conference in Bloomington . He gave a brief 27 rundown of some of the workshops he participated in at 0 the Conference. 30 Among the workshops he attended, Councilmember Wagner 31 felt the one which addressed public relations was well 32 done. Public relations is managing and shaping public 33 opinion as well as creating a positive City image., 34 Dealing with' a crisis was an issue discussed. A crisis- 35 was defined as any routine which does not go in a routine 36 manner . Public officials were advised to plan ahead for 37 a crisis rather than react to one. They were also 38 cautioned to be fair with the media and to use the media 39 as a public relations tool . He reported that budget 40 balancing is a critical issue this year and that seventy- 41 three percent of cities are raising fees and eighty-four 42 percent of cities are raising taxes . 43 44 Councilmember Wagner found the information presented at 45 the Mandates workshop discouraging. A specific issue, 46 that of the $5 . 21 which is being charged for water 47 testing, originally earmarked the funds to go into a 48 water fund. The Legislature has since decided to put 49 these funds into the State ' s General Fund . 50 51 Some of the other workshops Councilmember Wagner attended 52 were Influencing the Legislative Process , How to be a More Effective Couhcilmember , Teamwork with the City Council and the Staff . He felt some of the information i REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 7 4 C J , 6 7 available from these workshops applied to St . Anthony but 8 some of it did not . The Councilmember is of the opinion 9 that the City has a very cooperative and effective staff . 10 11 The "table talk" session he attended was facilitated by 12 Dave Childs , City Manager of New Brighton . "Right sizing" 13 of the City, its needs and sharing capabilities were 14 discussed. Councilmember Wagner found this session very 15 informative . 16 17 The final session at the Conference, How Men and Women. 18 Communicate, presented by Dr. Kelly Ott , was of 19 particular interest to Councilmember Wagner . He noted 20 that even though some older studies were quoted from, the 21 information presented was still very timely and 22 informative . 23 24 Marilyn Carlson Nelson was a keynote speaker at the 25 Conference . Councilmember Wagner noted she was very well 26 received and there was a standing ovation for her at the 7 end of her speech . The budget of the Community Service Advisory Council has 30 been completed and presented to the School Board. 31 Councilmember Wagner felt the outstanding concern at the 32 present time is the future of day care . 33 34 Councilmember Wagner served as a judge of the Father and 35 Child Contest sponsored by the Apache Merchants 36 Association . There were about seventy entries . 37 38 Report of Councilmember Flemincl 39 40 Councilmember Fleming also attended the League of 41 Minnesota Cities Annual Conference. She felt the programs 42 available for family members were excellent and that the 43 League Planning Committee should be commended. 44 45 LMC President-Elect Larry Bakken was the speaker at the 46 annual banquet . He spoke about the high costs of federal 47 mandates and used Columbus , Ohio as an example. That 48 city ' s share of costs to local government to accommodate 49 twelve environmental mandates over a ten year period will 50 be one billion, 88 million , 484 thousand dollars . 51 Councilmember 'Fleming expressed her amazement at these 52 costs . At a workshop she att.ended it was noted that the "good 1 REGULAR COUNCIL MEETING JUTE 23 , 1992 PAGE 8 4 5 6 old days" for city councils are over . - The individual 7 councils will need to provide residents with quailty and 8 councilmembers will need to know what residents expect 9 and how to meet these expectations . She noted that there 10 are always plenty of people who are willing to define the 11 problems but people who are willing to define the 12 solutions are needed . 13 14 Councilmember Fleming attended the recent Police 15 Department Open House . She felt it was first class . It 16 offered tours of the department , informative displays and 17 explanations from officers regarding specific tasks 18 associated with the D.A.R. E. Program, the Neighborhood 19 Crime Watch Program and weapons confiscated from 20 neighborhood criminals . 21 22 Volunteers and donations for the Silent Auction are 23 needed for Village Fest . Councilmember Fleming has 24 donation forms available to sign up for either of these 25 needs . Kim Bloom should be contacted to schedule 26 volunteer hours . The next Village Fest meeting is scheduled for Monday, July 13 at 7 : 15 p .m. in the Community Center . 30 31 Councilmember Fleming has recently received two calls 32 from residents regarding noise from aircraft . She 33 contacted Metropolitan Airports Commission staff member , 34 Jeff Hamiel , to discuss these complaints . 35 36 Mr. Hamiel advised that even though the airport may be 37 busier than three or four years ago, or before the 38 merger , there are fewer flights each day than previously . 39 He felt there should be no noticeable difference between 40 the noise from 1986 to the present . 41 42 Councilmember Enrooth was of the opinion that the 43 aircraft noise does not appear to be as noticeable as it 44 was in the past . 45 46 Report of Councilmember Marks 47 48 Councilmember Marks also attended the League of Minnesota 49 Cities Annual Conference . He concurred with much of what 50 was said by Councilmembers Wagner and Fleming . 51 52 He attended a workshop where the substances being pumped into the Mississippi River were discussed . Representatives of the Department of Natural Resources 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 9 4 r J 6 and the Metropolitan Waste Control Commission 7 participated in the discussion panel . Councilmember Marks 8 discussed Silver Lake water quality with some of them. 9 10 He attended a workshop on Sister Cities and found it very 11 interesting. He noted that some cities have more than one 12 sister city . The City of St . Cloud have more than one 13 sister city . When -a dignitary of any of their sister 14 cities is visiting St . Cloud there is a flag pole located 15 near the City Hall on which that sister city flag is 16 flown as a sign of welcome. 17 18 Referring to the Parade of Flags at the League 19 Conference, he found it very impressive and expressed a 20 wish that St . Anthony had a city flag. The Mayor was 21 reminded that a contest to pick a city flag was held a 22 few years ago and there were no entries . 23 24 The St . Anthony Sister City Committee is holding its 25 final meeting this week to prepare for the visit of 26 seventeen guests from Salo, Finland . The schedule for activities for them will be finalized before they arrive 10 on July 8th . They leave on July 16th . 30 On July 9th there will be an official welcome to the 31 visitors at 8 : 30 a.m. at the City Hall . On Tuesday, July 32 14th there will be a community picnic at Central Park for 33 the visitors and all residents are encouraged to attend. 34 This will be a potluck and attendees are encouraged to . 35 bring a dessert or an entree: 36 37 The Kiwanis Club is hosting a luncheon for the visitors 38 on July 15th . 39 40 Councilmember Marks advised that all but one of the 41 visitors speak English fluently so there should be no 42 problem in communicating. 43 44 Councilmember Marks related his recent experience in 45 visiting the State maximum security facility in Oak Park 46- Heights . He has a student in the facility and felt that 47 although there are many efforts put forth to rehabilitate 48 the prisoners it is still a miserable place to be . 49 50 Report of Councilmember Enrooth 51 52 Councilmember Enrooth felt interest in a City flag 0 contest should be re-kindled . 1 REGULAP. COUNCIL MEETING JUNE 23 , 1992 PAGE 10 4 5 6 Report of Mayor Ranallo 7 8 The Mayor sent a thank you letter to the Police 9 Department and its officers for their work on the Open 10 House . He felt it was very well done and very well 11 received by the community . 12 13 On June 3rd the Mayor and Councilmember Wagner met with 14 the two representatives of the City Attorney ' s office and 15 a representative of Springsted, Inc . , the City ' s 16 financial advisors . The purpose of the meeting was to 17 discuss the possibility of a tax increment financing 18 district which would include Apache Plaza and the 19 possibility of a CUB store being located there . 20 21 Three proposals have been received from the Apache 22 Corporation regarding expansion of the shopping center . 23 Funds in the amount of 3 . 9 million dollars is being 24 requested for refurbishing of the shopping center. 25 26 The Mayor felt there would be considerable risk for. the 27 City to advance any funding to this project . A proposal was made to separate the CUB project from Apache Plaza . He noted that Apache is nearly ready to present its 30 proposals to the City ' s legal counsel and financial 31 advisors . It had been suggested that CUB purchase its 32 property from Apache . 33 34 Mayor Rana 110 suggested that a Special Council meeting be 35 scheduled for June 30th to discuss the proposed plans and 36 to set a public hearing for this matter . He requested 37 each Councilmember meet with the City Manager regarding 38 any concerns or questions they may have about this 39 project . 40 41 Motion by Marks , second by Wagner to set a Special 42 Council Meeting for June 30 , 1992 at 7 : 00 p.m. for the 43 purposes of discussing the Apache Plaza project . 44 45 Motion carried unanimously 46 47- 48 Motion by Enrooth, second by Fleming to proceed with 49 Unfinished Business as the next agenda item. 50 51 Motion carried unanimouslv 52 1 REGULAR COUNCIL MEETING jUNE 23 , 1992 40 PAGE 11 4 5 S . UNFINISHED BUSINESS 6 7 A. Ordinance No. 1992-04 ; Re : Limit Surface Water Usage on 8 Silver Lake (First Reading) 9 10 At the May 12th meeting, members of the Council requested the 11 City Manager to answer six specific questions regarding the 12 proposed lake ordinance . These questions addressed how many 13 calls have been received over the last three years on lake 14 related issues , effects of motor boats on lake quality, effect 15 of the ordinance on property values , the percent of lakes in 16 the metro area with restrictions , enforcement of the proposed 17 ordinance , and how other cities enforce restricted lake use 18 ordinances . 19 20 In his June 23rd memo, the City Manager advised that three 21 calls have been received and they were all regarding the use 22 of jet skis . Two of these incidences happened in the last 23 month and the violators were not aware of the prohibitions 24 regarding jet skis . 25 26 The Department of Natural Resources has advised motor boat 7 effects are felt in the shallower areas of a body of water. The County Assessor responded that there is no clearly defined 30 impact on property values which border a lake with 31 restrictions . 32 33 There are 932 lakes in the seven county metro area . Of that , 34 111 have City or County restrictions which is approximately 35 twelve percent . All Minneapolis lakes have use restriction 36 ordinances which are not included in the 111 . 37 38 A memo from Chief Engstrom stated that he has a major concern 39 with the Police Department ' s ability to enforce those elements 40 of the ordinance pertaining to speed, hours , and direction of 41 travel without the resources to adequately patrol the lake on 42 a routine basis . He felt the Department would rely heavily on 43 citizens to make citizens ' arrests . He recommended that the 44 phrase "excess of five ( 5 ) miles per hour" be deleted from the 45 ordinance as it would be difficult to get a conviction without 46 the use of an accurate clock from a calibrated speedometer or 47 radar gun . The Chief concluded that the Police Department will 48 do its best to cooperate in the enforcement if the ordinance 49 is approved but views it as another burden of nuisance type 50 calls . 51 52 The City Manager advised that lake use ordinances in other cities are enforced by their respective County Sheriffs . He is felt that the Ramsey County Sheriff ' s Office would probably REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 12 4 5 6 not respond . If a resident were to call City Hall they would 7 be referred to the Ramsey County Sheriff . The local police 8 department would respond to life and death emergency 9 situations . 10 11 Doug Jones , 2505 Silver Lane, who supports the ordinance, 12 stated he feels it would not be responsive to nuisance type 13 calls which occur at the public landing at Silver Lake. He 14 also is of the opinion that enforcement would be effective if 15 the ordinance were posted at the public access landing. 16 17 The City Manager received a call from Mrs . Borg who stated her 18 opposition to the ordinance. 19 20 Charles Finn, 2709 Silver Lane, related his recent experience 21 with a large, fastmoving boat on Silver Lake. He advised that 22 a representative from the Hennepin County Sheriff ' s Department 23 responded to his call and resolved the matter. Mr . Finn stated 24 that Minnesota has the second highest number of DWI citations 25 issued . 26 While attending the recent League of Minnesota Cities Conference, Councilmember Marks discussed the matter of lake 29 violations with representatives of the Metropolitan Waste 30 Control Commission and the Department of Natural Resources . 31 They advised that motorized craft stirs up the bottom of a 32 lake and degrades the water quality . Noting that Silver Lake 33 is very shallow, Councilmember Marks feels there will be 34 severe damage done to the lake if motorized craft are allowed 35 to continue to use it . He noted that the lake is part of the 36 Rice Creek Watershed chain and if it is left alone, it will 37 act as a filtration body of water . 3 l: 39 Councilmember Marks stated that there is considerable risk in 40 using motorized craft on Silver Lake and this activity 41 detracts from its peacefulness . Safety issues are also a 42 concern . He concluded that only non-powered boats should be 43 permitted on the lake. 44 45 Jerry Faust , 4033 Silver Lake Terrace, advised that the 46 Department of Natural Resources uses Silver Lake as a hatchery 47 for a stocking pond. He felt all of the incidences of 48 misconduct that were cited are already covered by state 49 statute and are enforceable . Mr . Faust felt the ordinance 50 would legislate the exception rather than the general rule and 51 that family recreation would be eliminated . 2 Councilmember Wagner inquired if Sections 2 and 3 were necessary for inclusion in the ordinance . The City Attorney ' 1 REGULAR COUNCIL MEETING JUKE 23 , 1992 • PAGE 13 4 5 6 responded that they are required by law. 7 8 The City Manager felt some of the problems which stemmed from 9 motorized craft were because new owners did not know how to 10 operate their boats . He felt if the rules were posted the 11 boato.wners would probably be very cooperative. 12 13 Motion by Enrooth, second by Marks to approve the first 1.4 reading of Ordinance No. 1992-004 . Roll call : Marks , Enrooth, Wagner- - aye Fleming, Ranallo - nay 20 Motion passes 21 22 23 The second reading of Ordinance No. 1992-004 is scheduled for 24 July 14 , 1992 . 25 26 B. Discussion of Proposed Ordinance No . 1992-005, Re : 27 Parkina Restrictions 0 Mayor Ranallo read Ordinance No. 1992-005 . He stated that at 30 a previous Council Meeting many residents who were opposed to 31 the passage of the ordinance stated their opposition . He 32 encouraged any residents at this meeting to also state their 33 positions and noted that no one has publicly spoken in support 34 of the ordinance . 35 36 Councilmember Fleming has received many calls from residents 37 both supportive and opposing the ordinance . She suggested that 38 since this issue was raised by residents a committee of 39 residents be formed to address it . She recommended that the 40 committee have six members who represent different viewpoints 41 and that the committee be facilitated by the City Manager . 42 43 The City Manager noted that the services of Mediation Services 44 are available for situations such as this . Councilmember Marks 45 felt this could be a divisive issue and could result in 46 conflicts between neighbors . Councilmember Fleming was of the 47 opinion that some of the problems have not been addressed 48 because neighbors do not want to negatively affect a very 49 amicable relationship already in place . 50 51 Motion by Wagner , second by Marks to postpone indefinitely the 52 first reading of Ordinance No. 1992-005 and to establish a Task Force to report back on their findings to the City Council through the City Manager . 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 14 4 5 6 Mayor Ranallo advised that some residents' have already 7 indicated their willingness to serve on a Task Force. 8 9 Motion carried unanimously 10 11 12 A letter was received from Gene and Flora Austin, 3213 31st 13 Avenue stating their opposition to the ordinance . 14 15 16 REPORTS (cont . ) 17 18 B. Report of the City Manager 19 20 1 . Request of Doug Jones , 2502 Silver Lane, for an Extension 21 of a Building Permit 22 23 Mr . Jones took out a permit on June 25, 1991 to build a 24 gazebo. He stated this was done - before a variance was 25 required. He noted that no time limit is stated on the permit 26 and he was not aware there is a six month time limit on 7 permits . He recommended that the time limit be written on the face of each permit . 30 He did not complete the work for which the permit was issued . 31 In November he stated this to the Public Works Director who 32 advised him an extension could be granted . He was not advised 33 that the extension must be requested in writing. 34 35 Mr . Jones has contacted all of his neighbors within 350 feet 36 of his property and they all agreed in writing that the 37 proposed placement was acceptable to them. 38 39 He originally intended to request a one month extension , but 40 since the permit expired on December 25 , 1991 , he is 41 requesting an extension of seven months . He expects to 42 complete the project within ten days . The amended plans for 43 the gazebo have resulted in its placement further from the 44 lake and smaller dimensions . Mr . Jones feels this will 45 probably not comply with the new ordinance . This ordinance was 46 approved after Mr . Jones was issued his permit in June of 47 1991 . 48 49 The City Attorney advised that property owners do not have 50 vested rights . in zoning and an ordinance change will affect 51something which has not been built . 52 Noting that the ordinance changes was approved in August of 1991 , Mayor Ranallo stated that the proposed gazebo would have REGULAR COUNCIL MEETING; JU1<E 23 , 1, 992 PAGE 15 4 5 6 been non-conforming before its construction was even begun . 7 Councilmember Fleming expressed her concerns with the Council 8 approving this request thereby making it retroactive and 9 setting a precedent by extending a permit for seven months . 10 11 The City Attorney cautioned the Council that it would be 12 extending a permit for seven months for a structure prohibited 13 by ordinance. 14 15 Mr . Jones stated he felt he had received a verbal_ extension 16 from the Public Works Director . Councilmember Fleming advised 17 he can still build a gazebo but it must meet ordinance 18 requirements . 19 20 The City Manager advised this structure must be located 21 seventy-five back from the shoreline as mandated by the 22 Department of Natural Resources . The City' s recodification 23 will include the DNR requirements . The gazebo will be viewed 24 as a structure with a roof of a non-pervious surface. The DNR 25 is always concerned by water runoff . 26 Doug Jones felt there would only be a visual impact . He stated that the landscaping would facilitate water runoff . 29 30 The Mayor felt there is no way for the Council to extend the 31 permit legally. 32 33 Motion by Wagner , second by Ranallo to deny the extension of 34 the permit on the grounds that it is not allowed under the new 35 ordinance. 36 37 Roll Call : Marks , Fleming, Wagner , Ranallo - aye 38 Enrooth - nay 39 40 Motion passes 41 42 43 2 . Water Conservation 44 45 A press release has been issued asking St . Anthony 46 residents to voluntarily observe an odd/even sprinkling 47 schedule . The peak hours for water demand are from 3 : 00 48 p.m. to 10 : 00 p.m. and when lawns are sprinkled between 49 10 : 00 a .m. and 7 : 00 p.m. as much as seventy-five percent 50 of the water evaporates . 51 Residents are being requested to sprinkle their lawns before 10 : 00' a .m. and to water lawns on an odd/even schedule . Residents with house numbers ending with an odd 1 rEGULAR COUNCIL MEETING JUNE 23 , 1992 PAGE 16 4 5 number could water their lawns on odd numbered days and 6 residents with house numbers ending with an even number 7 could water their lawns on even numbered days . 8 9 3 . Storm Water Utility 10 11 The City Manager advised that Dennis Palmer of Barr 12 Engineering will be attending the next Council work 13 session and the first Council Meeting in July. He will be 14 presenting his report on the storm water utility study . 15 16 This study will include information on the entire City 17 and a recommended $12 . 00 charge for each lot which will 18 establish one rate for each parcel . 19 20 The City Manager noted this issue does not require a 21 public hearing. 22 23 4 . Status Report on Pirino Property 24 25 The deadline for complying with City ordinances was 26 extended to June 23 , 1992 on the Pirino property on 33rd Avenue . League of Minnesota Cities ' legal counsel had recommended that prosecution procedures for building violations be initiated by the City if there is no 30 compliance nor any response from Mr . Pirino ' s attorney by 31 June 23rd . 32 33 34 9 . PUBLIC HEARINGS 35 36 There were no public hearings . 37 38 10 . NEW BUSINESS 39 40 A. Award of Bid for Procurement of Granulated Activated 41 Carbon and Related Services 42 43 The City received one bid for the procurement of 44 granulated activated carbon and related services . The 45 contract offered by the .one bidder , Calgon Carbon 46 Corporation ' is for four years at an estimated eighty- 47 nine cents per pound . 48 49 Motion by Marks , second by Enrooth to approve the four 50 year contract for the procurement of GAC (granulated 51 activated carbon ) and related services from Calgon Carbon 52 Corporation for an estimated $690 , 800 . 00 . Motion carried unanimously I REGULAR COUNCIL MEETING JUICE 23 , 1992 41 PAGE 17 4 5 6 7 B. Award Bid for Emergency Generator 8 9 Two bids were received for the emergency generator at the 10 GAC plant . 11 12 The City Manager advised that State funds will pay for 85 13 to 90 percent of this purchase. 14 15 Motion by Marks , second by Enrooth to award the bid for 16 the emergency generator -to Flaherty Equipment Corporation 17 in the amount of $41 , 707 . 00 . 18 19 20 Motion carried unanimously 21 C . Resolution No. 92-029 , Re: Amendment 3 of the Granulated 25 Activated Carbon Contract with the Minnesota Pollution 26 Control Agency 27 Motion by Marks , second by Fleming to approve Resolution No. 92-029 being a resolution approving Contract 30 Amendment 3 0_` the St . Anthony granular activated carbon 31 water filtration plant contract and authorizing the Mayor 32 and City Manager to execute said contract on behalf of 33 the City of St . Anthony. 34 35 36 Motion carried unanimously 37 38 39 D . Resolution No. 92-030 , Re : Call for Public Hearing on 40 Amendments to Kenzie Terrace Tax Increment Financing Plan 41 42 Via approval of this resolution , the public hearing will 43 be scheduled for July 28 , 1992 . 44 45 Motion by Marks , second by Enrooth to approve Resolution 46 No. 92-030 being a resolution calling for a public 47 hearing on 1992-B amendments to the Kenzie Terrace 48 Redevelopment Plan and the Kenzie Terrace Tax Increment 49 Financing Plan . 50 51 52 Motion carried unanimously . 1 REGULAR COUNCIL MEETING JUNE 23 , 1992 16 PAGE 18 4 5 6 E. Resolution No . 92-031 , Re : Call for Pul)lic Hearing_ on 7 Refunding Bonds for Autumn Woods Partners 8 9 The City Manager advised there will be a limited 10 partnership rather than a general partnership put into 11 place for the operation of Autumn Woods . 12 13 The City Attorney noted that there will be more equity 14 money available from a limited partnership. 15 16 To avoid conflicts of interest ,- the Mayor requested. staff 17 research who the limited partners are. 18 19 Motion by Marks, second by Wagner to approve Resolution 20 No. 92-031 being a resolution calling for a public 21 hearing on the issuance of bonds to refund the housing 22 development revenue bonds (St . Anthony LaNel Project ) 23 series 1988 of the City. 24 25 Motion carried unanimously 26 27 Via passage of this resolution , the public hearing was 0 scheduled for July 14 , 1992 at 7 : 30 p.m. 30 11 . ADJOURNMENT 31 32 Motion by Wagner, second by Ranallo to adjourn the meeting at 33 9 : 36 p.m. 34 35 Motion carried unanimously 36 37 38 39 40 Respectfully submitted, 41 42 43 44 Jo-Anne Student , Council Secretary 45 46 47 48 49 Mayor Clarence Ranallo 50 51 ATTEST : 52 City C1 rk