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HomeMy WebLinkAboutCC MINUTES 08241999 Meeting Sheet 1p IIIIII VIII VIII VIII VIII VIII IIII IIII iomeo Box: 19 Folder. CC MINUTES AND AGENDAS 1999 Document: CC MINUTES 08241999 1 CITY OF ST. ANTHONY • REGULAR CITY COUNCIL MEETING 3 AUGUST 24, 1999 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 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: Mayor Ranallo, Cavanaugh, Marks, Faust and Thuesen 9 Councilmembers absent: None 10 Also present: City Manager Mike Momson; City Attorney William Soth 11 III. APPROVAL OF AUGUST 24, 1999 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Thuesen to approve the August 24, 1999 Regular City Council 13 Meeting Agenda with the following additions and changes: 14 IX. Unfinished Business. 15 A. Resolution 99-051,re: Acquisition of 2700, 2704, and 2709 Pahl Avenue 16 B. Purchase of 2713 Pahl Avenue 17 C. Resolution 99-052, re: Approval of consulting firm for acquisition of 2700, 2704, and 2709 Pahl Avenue D. Resolution 99-056 approving the purchase of properties known as 2700 and 2704 20 Pahl Avenue 21 Motion carried unanimously. 22 IV. APPROVAL OF AUGUST 10, 1999 REGULAR CITY COUNCIL MEETING MINUTES. 23 Motion by Marks, second by Faust, to approve the August 10, 1999 Regular City Council Meet- 24 ing Minutes with the following addition: 25 II. Roll Call. Councilmember Marks served as Mayor Pro Tem. 26 Motion carried unanimously. 27 V. LICENSES/PERMITS/PETITIONS. 28 Motion by Cavanaugh, second by Faust to approve the following permit: 29 Temporary 3.2 Beer& Wine Permit: 30 St. Charles Borromeo Fall Cookout/ September 17, 1999/ 5:00 p.m. to Midnight 31 Voting on the motion: Ranallo, Cavanaugh, Faust, and Thuesen voted aye. Marks voted nay. The motion carried. City Council Meeting Minutes August 24, 1999 • Page 2 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Cavanaugh to approve the following claims A-E: 3 A. Storm Water Analysis/Flooding Issues: 4 1. WSB_& Associates, Inc. in the amount of- 5 a. $1,103.00 for professional services regarding 1999 Flood Proofing Grant 6 Program from July 1, 1999 through July 31, 1999. 7 b. $3,742.75 for professional services regarding Harding Street Stormwater 8 Basin Preliminary Design from July 1, 1999 through July 31, 1999. 9 C. $69.00 for professional services regarding Review of Silver Lane Plans 10 from July 1, 1999 through July 31, 1999. 11 d. $799.50 for professional services regarding Evaluation of Home Buy-Out 12 Alternatives from July 1, 1999 through July 31, 1999. 13 e. $322.50 for professional services regarding MN/DOT Turnback from July 14 1, 1999 through July 31, 1999. 15 f. $207.00 for professional services regarding DNR&FEMA Grant Admini- 16 stration from July 1, 1999 through July 31, 1999. it 17 g. $115.88 for professional services regarding General Matters from July 1, 1999 through July 31, 1999. B. Silver Point Park Project: 20 1. WSB & Associates, Inc.: 21 a. $4,162.00 for professional services regarding Silver Point Park and 22 Central Park Storm Water Improvements Construction from July 1, 1999 through 23 July 31, 1999. 24 C. 1999 Street Improvement Project: 25 1. WSB & Associates, Inc. 26 a. $15,761.50 for professional services regarding 1999 Street,Utility, and 27 Stormwater Improvement Construction Services from July 1, 1999 through July 28 31, 1999. 29 D. 2000 Street Improvement Project: 30 1. WSB & Associates, Inc. 31 a. $655.50 for professional services regarding 2000 Street Reconstruction 32 Feasibility Study from July 1, 1999 through July 31, 1999. 33 E. Two pages of Verified Claims as presented by the Finance Director. 34 Motion carried unanimously. 35 VII. REPORTS. 36 A. Planning Commission. Mayor Ranallo introduced Commissioner Hatch as the representative from the Planning Commission and invited him to speak to the Council. City Council Meeting Minutes August 24, 1999 Page 3 1 1. Mendota Homes, Inc. for 3621 Old Highway 8, conditional use permit, 2 preliminary plat, final plat, and rear vard setback. 3 Mr. Hatch reviewed the background of the project indicating that in December 1997, a 4 representative from Mendota Homes had presented a request to the Planning Commission 5 to rezone a vacant property at 3621 Old Highway 8 to complete a multi-family housing 6 project that is on adjacent property in Roseville. Both the cities of St. Anthony and 7 Roseville approved the rezoning. 8 In May of this year, City Staff was informed by Mendota Homes that the scope of the 9 project had changed, and that single-level townhomes were proposed for the site instead. 10 Mr. Hatch stated the project has two issues: (1) a variance is required because the lot I l coverage exceeded the maximum of 50%; and(2)the setback for the side yard and the 12 back yard were not met despite consideration of turning the townhome to a different 13 angle. 14 Mr. Hatch stated that a motion had been made by the Planning Commission regarding 15 this project, and that certain conditions were set forth within the motion. Mr. Hatch refer- 16 enced the Planning Commission meeting minutes of August 17, 1999. • City Attorney William Soth stated that the Planning Commission has treated the property 18 in St. Anthony as a single lot. Technically, the property consists of three lots, so lot cov- 19 erage is 100%on the unit lot, but the other lots provide surrounding area. Mr. Soth fur- 20 ther stated the ordinance requires that certain findings be met before a conditional use 21 permit can be granted. These findings are: (1)the use must not be determined to be det- 22 rimental to the health, safety, or general welfare of persons residing in or working in the 23 vicinity; (2)the use must not be detrimental to the values of property in the vicinity; (3) 24 the use will provide a service or a facility which is in the interest of public convenience; 25 and (4) the use will contribute to the general welfare. 26 27 City Manager Mike Morrison clarified that this issue is contingent upon City Attorney 28 approval. 29 Cavanaugh expressed concern over the lack of a central document incorporating all of the 30 issues and proposed requirements for the conditional use permit for the Council to review 31 in analyzing this proposal. 32 Marks stated that a motion would incorporate all conditions and said motion would be 33 reflected in the minutes. Ranallo mentioned that the approved items and restrictions 34 would be incorporated into a document, and such document would be signed. • City Council Meeting Minutes August 24, 1999 Page 4 1 Mr. Soth clarified that all the conditions or restrictions for any conditional use permit 2 need to be stated within the motion. Mr. Soth suggested that the City ensure that the 3 Roseville plat has been filed prior to filing the St. Anthony plat. 4 Mr. Soth stated that he had assumed in his letter dated August 12, 1999 that the building 5 proposed would consist of four units, instead of two. Consequently,the mention of a 6 requirement of 17,000 square feet required should be reduced to 12,000 feet required in 7 light of the two-unit project. 8 9 Cavanaugh questioned the existence of a form developer's agreement or conditional use 10 permit form that would consolidate all of the conditions or restrictions into one form. 11 Cavanaugh inquired if Staff could be directed to draft a resolution setting forth all of the 12 conditions of the proposed conditional use permit. Ranallo stated he planned to follow 13 the findings of the Planning Commission, and the City Attorney's report. 14 Motion by Marks, second by Faust, that the City Council approve the conditional use 15 permit in accordance with findings of City Zoning Ordinance 1665.04 (which findings are as follows: (1)the use is not detrimental to the health, safety, or general welfare of 40 persons residing in or working in the vicinity; (2)the use is not detrimental to the values 18 of property in the vicinity; (3)the use will provide a service or facility which is in the 19 interest of public convenience; and(4)the use will contribute to the general welfare); and 20 said conditional use permit is subject to the following conditions: 21 1. The land to be subdivided would include two lots in St. Anthony in Hennepin 22 County, and 10 lots in Roseville in Ramsey County. 23 2. The developer would be required to provide a preliminary plat with sewer, water, 24 easements, drainage, and all other information required under Section 1500.2. 25 3. The floor area ratio must be in conformance with the codes pursuant to Section 26 1630.05, Subd. 7. 27 4. The lot coverage must not exceed the maximum of 50%. 28 5. A Declaration of Covenants must be submitted to the City for review in a form 29 required under the Minnesota Common Interest Ownership Act, Minnesota 30 Statutes, Chapter 515B. 31 6. Easements must be provided for utilities and drainage where necessary under Sec- 32 tion 1500.05, Subd. 2. 33 7. The City must be provided information regarding the title to the property in the 34 form of a Commitment for Title Insurance or Title Insurance Policy. 35 8. The City must be reimbursed for any expenses incurred in relation to this project. 36 9. Emergency egress and ingress must be reviewed and approved by the Fire Chief. 7 10. The City would recommend approval of the Preliminary Plat submitted at the, Planning Commission's August 17, 1999 meeting. City Council Meeting Minutes August 24, 1999 ® Page 5 1 11. Approval by the City is contingent upon the approval and recording of the 2 Roseville/Ramsey County plat. 3 Motion carried unanimously. 4 Mr. Soth verified that the conditional use permit has been approved, and now the issues at 5 hand were the preliminary and final plat approval, and the variance request. 6 Ranallo introduced John Mathern, a representative from Mendota Homes and invited him 7 to address the Council. Mr. Mathern stated he was requesting approval from the City of 8 the final plat of the property. Mr. Mathern clarified,for the Council that the preliminary 9 plat and the final plat were the same document. 10 Motion by Marks, second by Faust,to approve the preliminary and final plat subject to 11 the review and approval by the City Attorney of all the conditions relating thereto. 12 Motion carried unanimously. Motion by Marks, second by Thuesen, that the City approve the variance requested and required by Mendota Homes which consists of a rear-yard setback variance of 20 feet, 15 and a side-yard setback variance of 12 feet, due to the following circumstances: 16 1. The odd shape of the lot in question. 17 2. The setback from County Road 88. 18 3. The maintenance of order between both cities and counties. 19 4. The character of the lot could be changed since the property is somewhat aban- 20 doned and in disrepair. 21 5. That it would be a detriment to develop a project in St. Anthony that is aestheti- 22 cally different from a project in Roseville. 23 Motion carried unanimously. 24 2. Jim Furseth; for 2550 Highway 88, conditional use permit. 25 Mr. Hatch reviewed for the Council that Mr. Jim Furseth is the new owner of the former 26 Town and Country site. Mr. Furseth had filed applications for a conditional use permit 27 for a recreational vehicle business at that site. The conditional use permit is required 28 because the business would include service and repair of recreational vehicles and 29 motorcycle sales. Mr. Hatch clarified that the Council is facing two issues: (1)the 30 conditional use permit due to the business of service and repair of recreational vehicles; 31 and(2) a proposed comprehensive sign package for the business. City Council Meeting Minutes • August 24, 1999 Page 6 1 Mr. Hatch stated that the residents that attended the Planning Commission meeting on 2 August 14, 1999 were concerned with the visual impact of a dumpster to be located at the 3 rear of the building, and with potential noise levels. 4 Mr. Hatch stated that the Planning Commission had approved the conditional use permit, 5 with restrictions, at the August 17, 1999 meeting. 6 Mr. Roth felt that all of the recommended conditions were referenced in the motion 7 passed by the Planning Commission, except for the running of engines outside of the 8 building. For example, testing ATV's, snowmobiles,jet skis or motorcycles. 9 Ranallo introduced Mr. James Kellison of Kellison Co. and invited him to address the 10 Council. Mr. Kellison stated that he represents Mr. Furseth,.owner of The Hitching Post. 11 Mr. Kellison depicted a drawing of the prospective building upon completion. Mr. 12 Kellison clarified that the business would not have a test area,test pattern, or test track 13 outside of the building. The business would be using a "running room," where various 14 types of vehicles can be run inside the building. Mr. Kellison asked the Council to keep 15 in mind that motorcycles do not constitute a majority of the business' sales or service. Mr. Kellison stated that the building will be equipped with tailpipe exhaust so the doors can be closed and additional insulation will be installed which will reduce sound levels. 18 19 Mr. Kellison clarified that any test driving of motorcycles will be conducted on Highway 20 88, and snowmobiles and jet skis would not be test driven. If problems were to occur 21 regarding test driving of vehicles, Mr. Kellison reminded the Council that the State of 22 Minnesota has statutes that can be enforced. 23 24 Mr. Kellison stated that the proposed hours of operation for the business were calculated 25 prematurely. He wished to request a change in the service hours to 7:30 a.m. - 7:30 p.m., 26 retaining the retail business hours of 8:00 a.m. - 10:00 p.m. 27 28 Mr. Kellison mentioned that the St. Anthony Shopping Center would be undergoing 29 significant modifications in the near future. However, Mr. Furseth needs to begin 30 construction on The Hitching Post in September, and the City has not been able to 31 provide Mr. Furseth with projections that he would be required to follow to comply with 32 the modifications of the Shopping Center. In short, Mr. Kellison stated that The Hitching 33 Post is conducive to complying with the Planning Commission's conditions in the motion 34 from the August 17, 1999 meeting, except for landscaping, paving, and lighting. Mr. 35 Kellison stated that Mr. Furseth would be willing to sign a developer's agreement to 36 stipulate certain issues regarding landscaping, lighting, and paving. 16 Faust questioned how the test tracks would operate for jet skis or motorcycles. City Council Meeting Minutes August 24, 1999 • Page 7 1 In response, Ranallo introduced Mr. Jim Furseth, owner of The Hitching Post, and invited 2 him to address the Council. Mr. Furseth stated that there will be a running room inside 3 the building, but not a test track. Mr. Furseth further stated that jet skis would be tested 4 on a nearby public lake. 5 Cavanaugh mentioned that he had visited the other stores of The Hitching Post and was 6 impressed with the appeal of the Hopkins store. He questioned if the business would be 7 open on Sunday and if Mr. Furseth planned on having outside display areas for vehicles. 8 9 In response, Mr. Furseth stated that sales of motor vehicles are illegal on Sundays, but he 10 was experimenting with the idea of the business being open on Sunday for display pur- 1 1 poses only. Also, Mr. Furseth anticipated a small amount of outside display, if any, and 12 preferred inside displays. 13 Cavanaugh stated he would recommend imposing a conditional use on outdoor displays 14 or experimenting with limited outdoor display that would be brought inside at night. 15 Cavanaugh was concerned about the type of mufflers that would be installed on the motorcycles that Mr. Furseth would be selling. He stated that his vision for the commu- nity in the future was to ensure that motorcycles comply with noise decibel levels. Mr. 18 Furseth stated that the motorcycles that his business sells are equipped with the manufac- 19 turer's standards for quieter mufflers. 20 Thuesen referenced Mr. Kellison's August 18, 1999 letter and expressed his concern 21 about The Hitching Post keeping in character with the City's vision of the proposed shop- 22 ping center improvements. Mr. Kellison clarified that since significant improvements 23 have been planned for the existing Town and Country building, the project could easily 24 become over budgeted. Mr. Kellison had a concern that the City would impose new or 25 additional requirements to The Hitching Post once the plans for the St. Anthony 26 Shopping Center are finalized. 27 Thuesen agreed that it is a difficult situation,but hoped that Mr. Kellison and Mr. Furseth 28. would be conducive to working with the City's vision for the property. Thuesen felt that 29 The Hitching Post has the potential to add an attractive mix to the shopping center. 30 31 Ranallo clarified with Mr. Kellison that the building is not being torn down, but 32 renovated and rejuvenated. 33 Faust asked why Mr. Furseth had chosen the former Town and Country site for the prospective new business. City Council Meeting Minutes August 24, 1999 Page 8 l Mr. Furseth said that location was the key factor. He explained that motor sports sales 2 are destination businesses with a need for major freeway access. Faust clarified that Mr. 3 Furseth's business will be more of a regional draw as opposed to a local draw. 4 Ranallo asked Mr. Soth if a condition could be imposed that would restrict outdoor dis- 5 play pads to no more than six. Mr. Furseth volunteered that eight pads would be a more 6 comfortable restriction. 7 Mr. Kellison revealed that the sidewalk that currently is flush with the building will be 8 removed and placed farther to the north. Landscaping pockets will be incorporated next 9 to the building with green space close by and a substantial planter area. 10 Faust felt the project was too open ended because the City does not have a final plan for 11 revitalizing the St. Anthony Shopping Center and could not determine the resulting finan- 12 cial impact for The Hitching Post. 13 14 Motion by Marks, second by Thuesen, that the City Council approve the conditional use 15 permit pursuant to findings in City Zoning Ordinance 1665.04, and with the following restrictions: 1. All vehicles,merchandise, and parts storage should occur in the building. Outside 18 storage would not be allowed. 19 2. An eight-foot high screen wall would be placed at the south side of the building 20 pursuant to Mr. Kellison's projections to screen the bin from the adjacent prop- 21 erty. 22 3. The mechanical equipment on top of the building shall be painted in a'color to 23 blend the equipment with the building. 24 4. The building should conform to the Kenzie Terrace Redevelopment Project Area 25 Design guidelines including building facade, signs, lighting, screening, 26 landscaping, plant material,pedestrian amenities (such as paving,benches, trash 27 containers and bike racks). 28 5. An executed Developer's Agreement shall be presented prior to the City issuing.a 29 Certificate of Occupancy. 30 6. Hours of operation for The Hitching Post shall be 8:00 a.m. - 10:00 p.m. for busi- 31 ness hours, and 7:30 a.m. - 7:30 p.m. for service hours. 32 7. There shall not be any test drives allowed on the property. 33 8. The perimeter between this land and the residential land uses to the west should 34 be landscaped with overstory trees. 35 9. Part of the pedestrian greenway should be provided in the back part of the lot and 36 in conjunction with the other shopping area to the proposed village green near 46 7 Highway 88. 10. The parking lot should be resurfaced. 39 11. A stipulation that there can be no more than eight vehicles displayed outside. City Council Meeting Minutes August 24, 1999 • Page 9 1 2 Voting on the motion: Ranallo, Cavanaugh, Marks, Thuesen vote aye. Faust voted nay. 3 The motion carried. 4 5 Mr. Hatch reviewed the request for a comprehensive sign package for The Hitching Post 6 noting that the Planning Commission had approved a signage package with restrictions. 7 Cavanaugh was dismayed at how easily a signage package had been approved. He was 8 concerned that it would encourage other businesses to request exceptions to the City's 9 Ordinance on signage. Cavanaugh asked for clarification on the difference between the 10 City's Ordinance and the sign package that was presented. 11 Mr. Kellison stated that City Ordinance allows for 150 square feet of signage, and The 12 Hitching Post is requesting approval for 180 feet of signage on the east side, and 172 feet 13 on the north side of the building. In summary, the project is a total of 42 square feet in 14 excess of the allowable amount. He stated that the Ordinance allows for a 15%coverage 15 of the wall area, or two square feet for each lineal foot of wall space, but a total of 150 square feet of signage is still the maximum. The proposal included five signs with meas- urements of 3'x12'. 18 Mr. Kellison reviewed for the Council that Mr. Furseth has a marketing agreement with 19 manufacturers that requires particular signage. According to the City Ordinance, a busi- 20 ness could cover up to 50%of the window area with signage. Mr. Kellison stated that if 21 the Council recommended against the comprehensive sign plan allowing for excess 22 signage on the walls of the business,then The Hitching Post would need to place signs on 23 the windows. Mr. Kellison felt that would cause the business to lose curb appeal. Mr. 24 Kellison clarified that the City is being asked to approve the comprehensive sign package 25 in lieu of The Hitching Post placing signs in the windows. 26 Ranallo inquired about the square footage of the window area. Mr. Kellison stated the 27 windows are 12 feet wide by 8 feet high. Ranallo stated it has been an issue before 28 whether only the letters of the sign are measured or the entire sign for compliance with 29 the Ordinance. 30 Faust shed some light on the history of the sign ordinance. He stated that seven or eight 31 years ago, the Ordinance was rewritten. The specifications in the Ordinance were set 32 forth by a collective group, and he feels that many cities are able to require smaller signs 33 regardless of the franchise. Faust cautioned the Council that St. Anthony, as a commu- nity, has always felt set apart from other suburbs in that it was important to keep signage 16 appropriate, dignified, and consistent throughout the community. Faust clarified he did 36 not plan to vote for the sign package. City Council Meeting Minutes August 24, 1999 • Page 10 1 Marks said the City has established a reputation for relatively small signs. He would 2 favor a lower amount of signage and maintaining signage mithin the Ordinance. 3 Ranallo stated that he was impressed that the proposed comprehensive sign plan specified 4 that there would not be any signs on the windows. He reminded the Council that if it is 5 insistent on keeping the signage appropriate with the square footage, then the business 6 could place signs on the windows. Ranallo said he would vote for the comprehensive 7 sign package with the understanding that there would not be any signs placed on the 8 windows of the business. 9 Thuesen felt that the project had potential merit; however,he agreed with Faust that if the 10 comprehensive sign package was approved, a Pandora's Box could be opened with other I 1 businesses requesting an exception to the sign ordinance. 12 Momson said the application for the comprehensive sign package is allowed under the 13 Ordinance. Momson read the Ordinance and stated this has been done in the past. 14 Morrison clarified for the Council that the compromise for approving the comprehensive sign plan submitted is the City would allow The Hitching Post to exceed the allowable square footage for signage, and in return The Hitching Post would not implement any 17 window signage. 18 Motion by Cavanaugh, second by Marks, that the City Council approve the comprehen- 19 sive sign package submitted by Kellison Co. and Jim Furseth for The Hitching Post, and 20 approved by the Planning Commission,with the understanding that: 21 1. The north side of the building would comply at 150 square feet; 22 2. The east side would comply at 180 square feet; and 23 3. The monument sign would comply with City Ordinances regarding the planting of 24 flowers and bushes. 25 4. That the business not implement any window signage. 26 27 Voting on the motion: Ranallo, Cavanaugh, Marks, Thuesen voted aye. Faust voted nay. 28 The motion carried. 29 30 Ranallo thanked Mr. Kellison and Mr. Furseth for addressing the Council. 31 B. Councilmembers. 32 Cavanaugh stated that he had recently visited Western Wisconsin and was impressed with the area. City Council Meeting Minutes August 24, 1999 Page 11 1 Marks spoke about the Sister City Organization and the exchange program the organization had 2 this year with Salo, Finland. Marks stated that he received a fax recently that indicated the 3 organization plans on proceeding with an exchange for next year and it appears that the exchange 4 will take place. 5 Faust said on August 12, 1999, he attended a League of Minnesota Cities meeting, fiscal future 6 policy committee, and a citizens jury was put together on property taxes by the Governor. The 7 most telling observation Faust noted was that most people view this process as quite 8 complicated, when the intent is that simplicity is the number one issue for property taxes. When 9 both sides were heard, it was found that simplicity slid down to an issue of fairness. Fairness 10 was the watch word. 11 Faust stated that Ron Abrams, chairman of the tax committee, spoke and gave some insights on 12 that process and Faust believes there could be some ways to have an open ear in this direction. 13 Mr. Abrams was against acquisition, which is the process of selling a home and taxes remaining 14 the same. Faust felt the meeting was informative because some ideas were thought of that could 15 be introduced at the next legislative session. C. Mayor. Ranallo mentioned that he had become aware that when the City serves official notices to resi- 18 dents in condominiums or apartments, that the notices go to an association or similar department 19 first, as opposed to directly to the resident. Ranallo asked the City Manager to investigate the 20 guidelines surrounding service of notices and to determine the possibility of serving official 21 notices directly to the residents. 22 Ranallo realized the many residents were aware of the publicity surrounding the rabbits found in 23 St. Anthony. Ranallo and Mr. Soth had a meeting with the Hennepin County Health Department 24 and the owners of the home. Mr. Soth explained that the rabbits have been removed to the 25 Hennepin County Humane Society and the owners of the home in question have undertaken a 26 clean-up of the property. He stated that the County Health Department is involved in the matter 27 and has it under investigation and advisement. 28 D. City Manager. 29 Morrison referred to a handout from the League of Minnesota Cities regarding the "tax rate 30 increase authorization law. The handout clarified that the new law applies to cities over a popu- 31 lation of 500, and requires passage of a council resolution to authorize a property tax rate 32 increase. The law states that the resolution must be passed after holding a public hearing on the 33 issue, and the hearing can be held at a regularly-scheduled council meeting. There is no restric- 34 tion in the law on the date of the hearing or the timing for passing the resolution, but any time before October 20 is acceptable. Many cities plan to pass the resolution concurrent with the it adoption of their preliminary levy. City Council Meeting Minutes August 24, 1999 • Page 12 1 Mornson suggested that the tax rate hearing resolution be held on September 14, 1999, which is 2 the same night that the Council will adopt the preliminary levy. 3 Cavanaugh suggested that the hearing be held on the tax rate and then proceed with-the levy 4 resolution. 5 Ranallo clarified that the truth-in-taxation hearing would still be held in December. 6 7 -Mornson stated the specific date for a truth-in-taxation hearing would be discussed at the 8 September 7, 1999 Council worksession. 9 Mornson stated that a letter had been received from a Minneapolis councilmember regarding 10 potential problems at Sroga's, a local business. City Staff has set a meeting with Minneapolis 11 officials and Sroga's to discuss the operation of that business. 12 Mornson stated a meeting had been held with the Rice Creek Watershed District as well as resi- 13 dents of the Silver Lake Homeowners Association to address some water-related issues in regard 14 to the Apache drainage issue. There was some concern that the runoff around the Freedom Gas Station was not working to full capacity, and that one-third of the runoff that should be going to 4k the ponds was potentially going on Silver Lake Road. Conclusion of the meeting was that the 17 Rice Creek Staff was directed to send a letter to the developer requesting that this issue be 18 corrected. 19 Cavanaugh felt that the catch basins should be redesigned. 20 Mornson stated that he had been requested by Cavanaugh to determine the flow of runoff for St. 21 Charles. Mornson plans a meeting in September with St. Charles. 22 Mornson offered that the League of Cities holds regional meetings throughout the state to update 23 on various issues. The meeting held in the metropolitan area will be on September 16, 1999 at 24 the New Brighton Family Center. Mornson had provided a copy of the agenda for the 25 Councilmembers. 26 Cavanaugh mentioned that the Planning Commission meeting minutes from August 17, 1999 27 reflected that the movie theater proposal had fallen through. Mornson clarified that there were 28 two developers that had proposed movie theaters. One developer withdrew this past month, and 29 the other group is still interested. Cavanaugh suggested a moratorium for Apache and wished to 30 discuss that possibility at the next Council work session. 31 46 Ranallo asked Mr. Soth to review the prospect of placing a moratorium on Apache. City Council Meeting Minutes August 24, 1999 • Page 13 1 Cavanaugh mentioned the prior suggestion of having the Parks Commission and Planning 2 Commission meetings televised on cable. He wished to impress upon the Commissions the 3 opportunity it would present to the community to have the meetings televised, and also that the 4 City has budgeted funds specifically for televising meetings. 5 VII. PUBLIC HEARINGS -None. 6 IX. UNFINISHED BUSINESS. 7 A. Resolution 99-051 re: Acquisition of 2700, 2704, and 2709 Pahl Avenue. 8 Resolution 99-051 was withdrawn. 9 B. Purchase of 2713 Pahl Avenue. 10 Ranallo introduced Mr. Todd Hubmer, WSB & Associates, Inc., and invited him to address the 11 Council. Mr. Hubmer stated that he had held discussions with the residents at 2709 Pahl 12 Avenue. This meeting was intended to discuss options and to discuss the resident's acceptance or 13 interest in pursuing any of the options presented. Mr. Hubmer had also contacted the residents at 14 2800 St. Anthony Boulevard, 2701 Pahl Avenue, 2705 Pahl Avenue, 2713 Pahl Avenue, and 15 2709 Pahl Avenue. Mr. Hubmer referenced his letter of August 24, 1999, which set forth the 40 latest results of the discussions, and said letter was reviewed for the Council. 17 Ranallo reviewed for the residents that the City had asked WSB & Associates and Mr. Hubmer 18 to review all possible options and the letter of August 24, 1999 provides the results of that 19 review. 20 Faust questioned whether the residents at 2713 Pahl Avenue were willing sellers as set forth in 21 Option VII. of the August 24, 1999 letter. Mr. Hubmer verified that the residents were willing 22 sellers and clarified that he had spoken with the homeowners. 23 Ranallo explained that the City had tried not to dislocate anyone from his or her home, but that 24 the City's intent was to provide a 100-year flood protection program. He stated that as long as 25 the residents were willing sellers, he was comfortable with the decisions. 26 Mr. Hubmer said the City would have some flexibility regarding any purchases. Faust asked Mr. 27 Hubmer for a timeline in which the City needed to act. Mr. Hubmer felt that it would be benefi- 28 cial if the three properties could be coordinated together, with demolition beginning in February 29 or March, and planting of trees and grass completed by spring. 30 Ranallo asked Mornson if there was a willing seller for 2700 and 2704. Mornson stated that the 31 price was reduced from the last negotiation and the preferred closing date would be in October or November. Ranallo asked Mr. Soth if the property at 2713 Pahl could be purchased by the City 16 with the stipulation that the residents can stay in the home until January or February. Mr. Soth 34 said his recommendation would be for the City to sign a purchase agreement with the stipulation City Council Meeting Minutes August 24, 1999 Page 14 1 that closing would not occur until the earlier of the date the residents close on another house, or a 2 certain specific outside date. 3 Mr. Steve Mariosek, 2605 Pahl Avenue NE, questioned whether fencing would be installed 4 around the holding ponds. Mr. Hubmer stated there currently are no fencing plans for the storm- 5 water holding areas because fencing would prevent the flow of water and accumulate debris. 6 Motion by Faust, second by Marks, that the City direct WSB & Associates, Inc. and Staff to 7 . initiate a purchase agreement within 30 days for the property at 2713 Pahl Avenue and that the 8 residents have not later than February 1, 2000 or sooner to vacate the property upon fording 9 suitable quarters. Staff must return to the Council within 30 days, or sooner, with the executed 10 purchase agreement. 11 Motion carried unanimously. 12 Faust remarked that this is a win-win situation'Tor everyone and that the goal of 100-year flood 13 protection would not be compromised. Faust warmly thanked the family for selling their 14 property and expressed sincere appreciation to Mr. Hubmer for his dedication and commitment 40 in following this project. 16 Marks reviewed the background of 100-year flood protection. He said a study was done and 17 some of the plans are complete or underway. Marks mentioned this because he had become 18 aware of concerns from residents that believed the City did not have an overall plan for resolving 19 the flooding issue. 20 Cavanaugh stated he had spoken with one of the residents that were concerned about the overall 21 flood protection plan. Cavanaugh suggested that a copy of the plan should be sent to that resi 22 dent. Mr. Hubmer stated that the area of concern is 32°d Avenue, Wilson, Edward and Belden. 23 Ranallo expressed sincere appreciation and warmly thanked the residents of 2713 Pahl Avenue 24 for coming forward. 25 C. Resolution 99-052, re: Approval of consulting firm for acquisition of 2700, 2704, and 26 2709 Pahl Avenue. 27 Resolution 99-052 was withdrawn. 28 D. Resolution 99-056, re: Approval of the Purchase of 2700 Pahl Avenue and 2704 Pahl 29 Avenue. 30 Motion by Cavanaugh, second by Marks,to approve Resolution 99-056 which authorizes the City of St. Anthony and the City Council to purchase the properties known as 2700 Pahl Avenue 4i for $139,000 plus assessments, and 2704 Pahl Avenue for$155,000 plus assessments. L`a City Council Meeting Minutes August 24, 1999 • Page 15 1 Motion carried unanimously. 2 X. NEW BUSINESS. 3 A. Resolution 99-055, re: City's purchase of 2809- 301 Avenue NE. 4 Mr. Soth recommended two changes to the Purchase Agreement for the property at 2809 3011 5 Avenue NE: 6 1. Allowing the owner to stay on the property two (2) weeks after closing creates risks and 7 potential problems for the City. Mr. Soth recommends that "two weeks" should be 8 replaced with"date of closing." 9 2. Two items on the Addendum to Purchase agreement should be initialed and deleted: 10 (a) Purchaser is to provide Seller with a letter of intent. The Seller has received said 11 letter of intent. 12 (b) The agreement was subject to Seller acquiring a home of choice. Seller has found a 13 home of choice. 14 Motion by Marks, second by Thuesen, to approve Resolution 99-055 authorizing the City's pur- 15 chase of 2809 - 30`'Avenue NE, with the modifications to the Purchase Agreement and 40 Addendum as per the City Attorney, for a price of$106,000.00. 17 Motion carried unanimously. 18 XI. ADJOURNMENT. 19 Motion by Marks, second by Faust, to adjourn the meeting at 9:10 p.m. 20 Motion carried unanimously. 21 Respectfully submitted, 22 Sue Selseth 23 TimeSaver Off Site Secretarial, Inc. 24 25 ayor 26 ATTEST: 27 City Clerk •