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HomeMy WebLinkAboutCC MINUTES 06272000 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100675 Box: 19 Folder: CC MINUTES.AND AGENDAS 2000 Document: CC MINUTES 06272000 I _ 1 CITY OF ST. ANTHONY • CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 27, 2000 4 7:00 p.m. 5 I. CALL TO ORDER. 6 Mayor Cavanaugh called the meeting to order at 7:00 p.m. 7 II. PLEDGE OF ALLEGIANCE. 8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance. 9 10 III. ROLL CALL. 11 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and 12 Hodson 13 Councilmembers absent: None 14 Also present: City Manager Michael Morrison; City Attorney William Soth. 15 IV. APPROVAL OF JUNE 27,2000 CITY COUNCIL REGULAR MEETING AGENDA. 16 Motion by Hodson to approve the June 27, 2000 City Council Regular Meeting Agenda as 17 presented. 18 Motion carried unanimously. V. PROCLAMATIONS AND RECOGNITIONS. A. Proclamation Declaring National Ni hg t Out. 21 Mayor Cavanaugh reviewed for the audience and Council that the National Association of Town 22 Watch ("NATW") was sponsoring a unique, nationwide crime and drug prevention program on 23 August 1, 2000 called "National Night Out." 24 This National Night Out program provides a unique opportunity for St. Anthony to join forces 25 with thousands of other communities across the country in promoting cooperative, police- 26 community crime and drug prevention efforts. 27 Motion by Sparks to approve the Proclamation wherein the City Council of the City of St. 28 Anthony hereby calls upon all citizens of the City of St. Anthony to join the St. Anthony Police 29 Department and the National Association of Town Watch in supporting the "17th Annual 30 National Night Out" on August 1, 2000. 31 Motion carried unanimously 32 VI. COMMUNITY FORUM. 33 Cavanaugh called for input from the audience and hearing none, moved forward with the agenda. 34 VII. CONSENT AGENDA. 35 Motion by Thuesen to approve the Consent Agenda which consisted of: 6 1. Regular Council Meeting Minutes of June 13, 2000; 37 2. Licenses and Permits; City Council Regular Meeting Minutes June 27, 2000 • Page 2 1 3. Claims; 2 4 Five pages of Verified Claims. 3 4 Motion carried unanimously. 5 VIII. PUBLIC HEARINGS. 6 None. 7 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. 8 A. Resolution 00-052 re: Middle Mississippi Watershed Management Organization Bylaws. 9 Cavanaugh requested background information from City Manager Michael Mornson. 10 Morrison reported that the Middle Mississippi River Watershed Management Organization 11 ("MMRWMO") is in the process of amending the Joint Cooperative Agreement by changing the 12 boundary of the MMRWMO to be consistent with the boundary of the new Capital Region 13 Watershed District("CRWD"). Currently, a portion of Falcon Heights which is in the 14 MMRWMO was also included in the new CRWD. The boundary change has been agreed to by 15 Falcon Heights and the MMRWMO Board and would result in Falcon Heights being removed 6 from the MMRWMO. 17 It has been requested that each member community review and comment on the draft capital 18 budget by August 1, 2000. 19 Motion by Sparks to approve Resolution 00-052, a Resolution Approving Changes to the Bylaws 20 of the Middle Mississippi River Watershed Management Organization. 21 Motion carried unanimously. 22 B. Resolution 00-053 re: Right of Way Permit and Facili , Use Agreement with Metricom, 23 Inc. 24 Cavanaugh requested a report from City Manager Michael Morrison. 25 Morrison stated that Metricom is seeking, via a "Right-of-Way Permit and Facility Use 26 Agreement," the'use/access of City-owned and NSP-owned street light poles, light fixtures, and 27 other structures within the Public rights of way. NSP has entered into a Master Lease Agreement 28 with Metricom. City Attorney Soth has reviewed the proposed agreement, and his letter of June 29 7, 2000 (which includes comments and recommendations), is enclosed in the Council's agenda 30 packets. 31 Cavanaugh introduced Bill Buell, President of Metricom, and invited him to address the Council. Mr. Buell began by stating that Metricom is a national company and is excited about wireless t 'TP 1 City Council Regular Meeting Minutes June 27, 2000 Page 3 1 internet connection. Furthermore, Metricom utilizes an external modem and the use of an 2 antenna is utilized to access the internet. Additionally, it can be used in a network situation as 3 well. In order to accomplish-this wireless connection and provide a service to the community, 4 shoebox-sized radios are attached to street lights. The power for the radios is tapped from 5 existing photo sensors on the streetlight. The radios can also be attached to power poles. 6 Metricom does not plan to add any new poles or do any trenching in the right of way; however, 7 Metricom will need to use the City's right of ways in order to access the light poles and power 8 poles. 9 Mr. Buell stated that his purpose for attending the Council meeting was to request a right-of-way 10 permit and facility use agreement. If such approval is obtained, Metricom would then provide 11 the City with a map showing the poles that are to be utilized for placement of the radios. Mr. 12 Buell explained that Metricom is simply a service company and does not provide software of any 13 type. 14 Various questions were fielded from the Council regarding the specific details of Metricom and 15 the type of service it supplied. 4 Thuesen noted that Mr. Buell had mentioned that approximately 3%of the light poles in the City would be utilized for the radios. Thuesen inquired if the poles on main streets, or side streets, 18 would be mostly utilized for the radios. His concern was the new, decorative lighting that is 19 being considered by the Council for some of the City's streets. 20 Mr. Buell explained that Metricom's goal is to cover the population, as opposed to the roads. 21 Generally, he stated, busy streets are avoided and decorative lighting is taken into consideration. 22 Horst inquired if the residents' security had been considered as an issue with respect to wireless 23 transmission. 24 Mr. Buell stated that wireless is usually considered more secure than wire lines (such as phone 25 lines). 26 Soth wished to clarify the last paragraph of Assistant City Manager Isom's memo of June 19, 27 2000. He wished to clarify that, although the memo implies to the contrary, he did not review the 28 agreement drafted by the attorney for the North Suburban Cable Commission, 29 Motion by Sparks to approve Resolution 00-053, a Resolution Approving a Right-of-Way Permit 30 and Facility Use Agreement with Metricom, Inc. 31 Motion carried unanimously. • f, < < City Council Regular Meeting Minutes June 27, 2000 Page 4 1 C. Ordinance 2000-004 re: Curfews (1 st Reading). 2 Cavanaugh explained that this proposed Ordinance is simply a rewrite and update of the City's 3 existing curfew ordinance. This rewrite is being done in order to bring the City's curfew 4 ordinance into compliance with the Hennepin County Ordinance. Cavanaugh further explained 5 that a local resident brought the discrepancies between the two ordinances to the Council's 6 attention. 7 For the benefit of the audience, Sparks reviewed the essential elements of the Ordinance: 8 * Juveniles under 12 years of age have to be home weekdays by 9:00 p.m., and Friday and 9 Saturday, home by 10:00 p.m. 10 * Juveniles ages 12-14 have to be home 10:00 p.m. on weekdays, and home by 11:00 p.m. 11 on Friday and Saturday. 12 * Juveniles ages 15-17 have to be home by 11:00 p.m. on weekdays and home by midnight 13 on Friday and Saturday. Motion by Horst to approve the first reading of Ordinance 2000-004, an Ordinance Relating to Juvenile Curfew, Amending Section 1105 of the 1.993 St. Anthony Code of Ordinances. 16 Motion carried unanimously. 17 D. Ordinance 2000-006 re: Amend Ordinance Relating to Planned Unit Development(3rd 18 Reading). 19 Cavanaugh invited John Shardlow, DSU, to approach the Council. Mr. Shardlow briefly 20 reviewed for the Council and audience that the proposed Ordinance is consistent with the May 2, 21 2000 update of the critical path for the planned unit development ordinance process and Hillcrest 22 Development's redevelopment of the Apache Plaza. 23 Additionally, Mr. Shardlow reviewed that a Planned Unit Development("PUD")would be a 24 separate floating zoning district that could be applied for anywhere in the community. 25 Furthermore, the zoning would be determined through the PUD process. Itis important to 26 remember, Mr. Shardlow stated, that any development must be consistent with the 27 Comprehensive Plan. 28 Various discussion ensued amongst the Council and Mr. Shardlow with regard to the specifics of 29 the proposed Planned Unit Development and details of the proposed Ordinance. 30 Cavanaugh inquired if a development committee had been considered. Mr. Shardlow stated that consideration had been given to have the Planning Commission Chair, Assistant City Manager, . City Council Regular Meeting Minutes I June 27, 2000 Page 5 1 City Attorney, and Mr. Shardlow on a committee. 2 Morrison reaffirmed that a committee has been considered and stated that the proposed members 3 of the Committee were set forth in Assistant City Manager Isom's critical path document(which 4 was included in the Council's meeting agenda packets for informational purposes). 5 Motion by Cavanaugh to approve the Third Reading of Ordinance 2000-006, an Ordinance 6 Relating to Zoning and Planned Unit Developments; Amending Section 1655 of the St. Anthony 7 Code of Ordinances in its Entirety. 8 Motion carried unanimously. 9 X. REPORTS FROM COMMISSIONS AND STAFF. 10 A. Planning Commission Report from Meeting of June 20, 2000. 11 1. David and Paulette Sperry for 4004 Fordham Drive: Lot Width and Lot Variance 12 Requests. 13 Cavanaugh invited Doug Bergstrom, Chair of the Planning Commission, to address the 14 Council. Mr. Bergstrom reviewed for the Council that David and Paulette Sperry were seeking a variance request(for the second time) for their property at 4004 Fordham Drive. 16 The Commission and City had previously heard and granted the Sperry's request for a 17 variance in May of 1999. However, Mr. and Mrs. Sperry, due,to a variety of reasons, 18 were not able to act on the variance and build the house they had planned to construct. 19 Consequently, the variance has expired(effective for one year only), and Mr. and Mrs. 20 Sperry have had to begin the variance process over again. 21 Mr. Bergstrom stated that the Planning Commission held a public hearing in regard to 22 this matter, and that two residents had approached the Commission. One resident's 23 concern centered around the stormwater runoff from the new home to be constructed. 24 The other's concern was the issuance of variance requests until the flooding issues had 25 been resolved. Otherwise, Mr. Bergstrom stated, it appeared that the Sperrys had 26 communicated with their neighbors and there did not appear to be any strong objections 27 to the proposed construction. 28 Cavanaugh noted that Staff and Council could review other community's policies for 29 future use. 30 Motion by Horst to approve the request of Mr. and Mrs. David Sperry of a 15-foot lot 31 variance and a 1,015 lot coverage variance, which include the findings of fact as noted by 32 the Planning Commission in their meeting minutes of June 20, 2000. Such findings of fact are as follows: (1)the property cannot be put to reasonable use with the current City Council Regular Meeting Minutes • June 27, 2000 Page 6 1 zoning; (2)the lot is unique in nature; (3) the landowner did not cause the uniqueness; 2 and (4) the variance will be in the spirit of the Zoning Code and will not alter the 3 surrounding environment. 4 Motion carried unanimously. 5 2. AT&T Wireless for 2801 - 37th Avenue NE, Conditional Use and Variance 6 Request. 7 Mr. Bergstrom reviewed for the Commission that AT&T Wireless-Services had applied 8 for a Conditional Use Permit to allow for a new 75-foot cellular monopole to be placed 9 on an industrial zoned property at 2801 37th Avenue NE. AT&T has obtained 10 permission from the owner of the property, and such pole would be the second monopole 11 on that property. The first pole in existence is owned by US West. 12 Mr. Bergstrom noted that the Planning Commission had recommended approval of a 13 Conditional Use Permit for the 75-foot based on the conditions as noted in the Planning 14 Commission meeting minutes of June 20, 2000. Motion by Thuesen to approve the Conditional Use Permit of a 75-foot monopole, which would include all of the conditions as stated in the Planning Commission meeting 17 minutes of June 20, 2000. Those conditions include: (1)the monopole must be 18 constructed so that an additional 25-foot segment could be added in the future to allow 19 for another communications company to use the pole; and(2) the coloration of the pole 20 and accompanying equipment shelter must match the existing structure as closely as 21 possible. 22 Motion carried unanimously. 23 Bergstrom noted that the Planning Commission has been receiving similar requests for 24 cellular antennas and have requested Assistant City Manager Isom's assistance in 25 planning responses to those requests for the future. 26 3. Ordinance 2000-003 re: Amend Ordinance Relating to Lot Coverage and Building 27 to Land Ratio (1 st Reading). 28 Mr. Bergstrom stated that the subject of lot coverage has been an issue with the Planning 29 Commission and local residents in recent months, and thus consideration of amending the 30 lot coverage ordinance was started. 31 Furthermore, Todd Hubmer, an engineer from WSB & Associates, had been contacted by 32 the Planning Commission to provide professional assistance in consideration of this issue. In addition, Commissioner Tillmann provided the Commission research on City City Council Regular Meeting Minutes June 27, 2000 Page 7 1 ordinances and policies. 2 Mr. Bergstrom noted that the Planning Commission had proposed that the lot coverage 3 ordinance be changed in two ways: (1) decks would not be included as part of the lot 4 coverage ratio if the surface of the deck and the area below the deck was a pervious 5 surface; and (2)to create a two-tier lot coverage limit. In that respect, lots over 9,000 6 square feet would retain the current 35% lot coverage ratio, and the lot coverage ratio 7 would increase to 40% for lots at or under 9,000 square feet. 8 Motion by Hodson to approve Ordinance 2000-003, an Ordinance Relating to Lot 9 Coverage and Building to Land Ratio, Amending Sections 1605 Subd. 44(a) and 10 1615.05., Subd. 8 of the 1993 St. Anthony Code of Ordinances. 11 Motion carried unanimously. 12 Sparks acknowledged that the pursuit of this lot coverage ordinance change was an 13 excellent idea and she thanked the Planning Commission for following through on the 14 research and modifications to the Ordinance. 4. Consider Preliminary Plan for the Apache Plaza Site Submitted by Hillcrest 16 Development. 17 Mr. Bergstrom noted that the Planning Commission held a Public Hearing on this issue, 18 and he directed the Council's attention to several documents in the Council agenda 19 packets for their review and information relating to this issue. 20 John Shardlow, DSU, was invited to approach the Council. Mr. Shardlow began by 21 briefly reviewing the project. He stated that the Council would be considering an 22 application for rezoning and a preliminary Planned Unit Development("PUD") approval. 23 Said application was made by Hillcrest Development for property known as Apache 24 Plaza,New Market, and Taco Bell Sites. 25 Mr. Shardlow noted that the primary focus of Hillcrest Development is to redevelop 26 Apache Plaza into a predominately high-tech office building. Additionally, Hillcrest 27 would like the flexibility to market the property to some kinds of uses that may be more 28 like manufacturing or warehousing. This has been the subject of a lot of discussion; 29 however those uses must not change materially the uses and character of the building. 30 There is still an interest on the part of Hillcrest to discuss some of those conditions. 31 Furthermore, Mr. Shardlow stated that Hillcrest has presented a landscape plan which is 32 appropriate in terms of the level of commitment Hillcrest has proposed. The firm of DSU has suggested some minimum standards and requested additional detail from Hillcrest. City Council Regular Meeting Minutes June 27, 2000 Page 8 1 Additionally, Hillcrest has provided information regarding traffic flow and patterns. DSU 2 has asked that a traffic study be completed and brought forward. 3 Mr. Shardlow said that with respect to project signage, Hillcrest was not in a position to 4 provide information regarding signage because tenants have not been retained at this 5 point. In the future, however, this issue will be addressed. 6 Mr. Shardlow noted that water quality is a significant issue in the community. Hillcrest 7 has taken some steps towards remedying this situation, at least as far as Hillcrest's 8 responsibility is concerned. Again, Hillcrest intends on reviewing the situation and 9 complying with the requirements or exceeding the requirements as imposed by the 10 authorities. 11 Mr. Shardlow pointed the Council's attention to Page 122 of the Agenda Packets, wherein 12 there were 12 recommendations as provided by DSU. It was his understanding that the 13 Planning Commission voted to approve said recommendations at their June 20, 2000 14 meeting. 0 - Both Cavanaugh and Thuesen noted concerns regarding the differences between 16 warehouse/manufacturing space as opposed to an office high-tech space as it relates to a 17 final outcome of Apache Plaza.. 18 Cavanaugh expressed his opinion that the preliminary plan noted was not in a-form that 19 articulated the expectations of-the Council. 20 Mr. Bergstrom approached the Council and explained the Planning Commission's view 21 and understanding on the issue. 22 Cavanaugh noted that the issues raised in the meeting are critical in the final planning 23 stages. 24 Thuesen expressed his agreement that the Council must be cautious about the types of 25 businesses that are retained as tenants for Apache Plaza, either on a temporary or 26 permanent basis. 27 Mr. Shardlow explained that some of the concerns and issues needed to be raised and 28 discussed with the applicant (Hillcrest Development). Mr. Shardlow continued by stating 29 that it is his opinion that Hillcrest Development has proven itself to be honest and upfront 30 about plans and expectations. It would be Mr. Shardlow's advice to discuss some of the issues with the applicant. City Council Regular Meeting Minutes June 27, 2000 • Page 9 1 Various discussion ensued between the Councilmembers, Mr. Shardlow and Mr. 2 Bergstrom regarding possible restrictions for the plan and/or the best plan for the City to 3 consider. 4 Mr. Shardlow said an idea would be to specify some uses as conditional uses. Hillcrest 5 would like to structure an approval and go forward with that approval to fill the building 6 with tenants. 7 Cavanaugh inquired about the time consequences ifahis issue.was returned to..the 8 Planning Commission for further review. City Manager Morrison stated that it would 9 delay the issue from 2-4 weeks, but it would still be possible to accomplish the goals 10 already set. The issue would return to the Planning Commission meeting on July 18, 11 2000, and would then be passed back to the City Council at a Council meeting after that 12 date. 13 Anthony Gleekel, attorney for Hillcrest Development, approached the Council. He stated 14 that he understood the Council's concerns and expressed Hillcrest Development's position. 15 on the issue. Additionally, he stated that the plan in question was not intended to be final 6 because there are many issues left to be studied and resolved. Additionally, Hillcrest's goal is to present a final approval, along with a specific PUD agreement. Mr. Gleekel 18 explained that Hillcrest would be targeting office-high tech tenants; however, Hillcrest 19 would like the opportunity to be flexible in their tenant base. Additionally, conditions 20 could be placed regarding the details of the exterior of the building if certain types of 21 tenants, such as warehouse/manufacturing, were obtained. 22 Cavanaugh suggested finalizing the discussions at the Council meeting today in a 23 document so that some definition could be obtained regarding the feelings of the 24 Councilmembers. 25 Cavanaugh asked Mr. Shardlow his opinion about sending this issue back to Planning 26 Commission. Mr. Shardlow stated that whether it is sent back or not,the same language 27 needs to be incorporated into the document. In essence, he would support sending the 28 issue back to the Planning Commission. 29 The consensus of the Council was that the issue should be returned to the Planning 30 Commission for further review and consideration. 31 Cavanaugh directed City Manager Michael Mornson to manage the process of getting the 32 issue returned to the Planning Session, as well as institute a work session for the Council, 33 if necessary. • City Council Regular Meeting Minutes • June 27, 2000 Page 10 1 Mr. Gleekel suggested that a committee be organized to review the details of the plan. 2 City Manager Michael Morrison had some ideas as to the members of the committee. 3 Motion by Horst to table the plan, return the issue to the Planning Commission, and to 4 implement a committee. 5 Motion carried unanimously. 6 Cavanaugh asked Mr. Bergstrom about the locating of Frontline Church to the City, which was 7 discussed at the Planning Commission meeting on June 20, 2000. Mr. Bergstrom reviewed for 8 the Council that the Church was seeking to relocate the Church and Outreach Center to the 9 commercial property at 2654 Kenzie Terrace. This relocation would require a petition for 10 amendment of the zoning ordinance and permit for conditional use. The Planning Commission 11 had noted, and the Council agreed, that this request would be difficult to achieve. 12 City Attorney Soth advised that the Planning Commission should.review the issue in full detail, 13 and have findings for denying or approving the request. Then, the Council should approve or 14 deny the request with specific findings as to the decision. 0 Morrison requested that Mr. Bergstrom be the Planning Commission liaison to the City Council 16 at the July 25, 2000 City Council meeting due to his familiarity with the issues and discussions 17 that ensued at this Council meeting. Additionally, Morrison wished to thank Mr. Bergstrom for 18 negotiating the process of obtaining the firm of DSU to assist in the Hillcrest redevelopment of 19 Apache Plaza. 20 B. Peter Willenbring of WSB & Associates, Inc. Will Present and Update on General 21 Engineering Projects. 22 1. Resolution 00-055 re: Hardin? Street Storm Water Improvements. 23 Cavanaugh welcomed Peter Willenbring of WSB & Associates and invited him to 24 address the Council. Mr. Willenbring provided a brief background of the project. A 25 public information meeting was held on June 7, 2000 with the owners affected by the 26 proposed Harding Street Storm Water Improvement project. This meeting was a follow 27 up to the February 29th meeting 28 Jeane Garene, Landscape Architect, and she has been working with the resident group 29 and WSB regarding landscaping of the project. Ms. Garene directed the Council's 30 attention to the landscaping plan, as included in the Council's agenda packets. Ms. 31 Garene stated that the proposed plan would be an amenity for the residents and provided City Council Regular Meeting Minutes • June 27, 2000 Page 11 1 for long, native grass that would not be mowed. This was an ideal choice because of the 2 slope of the land. Some residents were concerned about the geese population, and Ms. 3 Garene stated that the issue had been taken into consideration when developing the plan. 4 Ms. Garene stated that it was the resident's desire to begin the project as soon as possible. 5 Her firm's recommendation would be to obtain a contractor that is experienced in native 6 seeding, together with a three-year maintenance contract to ensure the success of the 7 seeding. 8 Additionally, Ms. Garene wished to point out that various trees and shrubs are depicted 9 on the drawing she presented, and will be incorporated with the native seeding. The 10 residents wished for the overall feeling of the area to be of woodlands. 11 Mr. Willenbring directed the Council's attention to a proposed schedule of the project that 12 was included in the Council's agenda packets. 13 City Attorney Soth wished to mention that if the Council plans to proceed with the 14 project this year, it would be necessary to begin a condemnation proceeding on all the properties immediately. If in the meantime, if residents decide to sell their property,that 40 would be the most beneficial for the City. But, if there were residents who do not plan to 17 sell their property, then the condemnation proceeding would need to be in place. 18 However,he stated that if the project were done next year, then the City would have 19 ample time to negotiate with the residents first, and the condemnation process last. 20 Some of the residents in the audience expressed surprise at the condemnation process. 21 Mr. Willenbring stated that since it had been the residents' desire to begin as soon as 22 possible, the condemnation process needed to be brought up and addressed. Mr. 23 Willenbring noted that the optimal time of year for construction is in the fall when 24 residents' windows are closed and noise would not be as much as an issue. 25 City Manager Michael Morrison and City Attorney Soth reviewed together the process 26 and requirements for condemnation proceedings and the optimal options for the City. 27 Horst thought that the City had initially agreed to offer a settlement to the homeowners 28 for their property. Mr. Soth said that was correct; however, the condemnation 29. proceedings must be implemented because of the time frame that it takes to complete that 30 process in the case that a settlement could not be obtained. 31 Mr. Soth stated the process of obtaining the land is by a property-by-property negotiation, 32 as well as a property-by-property condemnation proceeding. In other words, each individual property is negotiated separately from the others. City Council Regular Meeting Minutes • June 27, 2000 Page 12 1 Mr. Willenbring noted that the resolution included in the Council's packets did not 2 include any language relating to condemnation proceedings. 3 Cavanaugh reviewed the issue by stating that the Council has been made aware of a 4 possible condemnation process if the "willing seller, willing buyer" approach would not 5 work. 6 Mr. Soth stated there was one way to avoid beginning the,condemnation process, and that 7 is to postpone the project until the fall of 2001 (since fall is the best time to start). This 8 would allow for ample time to negotiate settlements with sellers of property. 9 Cavanaugh stated he would hope the City could settle with "willing buyer, willing seller," 10 but if not,the condemnation proceedings would be.acted upon. It is a value to the 11 community to have a holding pond. Cavanaugh summed up by stating that if the 12 community wants quick construction of the pond,then condemnation is the best option 13 for uniform settlement. Mr. Soth clarified that he stated that condemnation needed to be started, but it would be best for the City and the residents if the negotiations never reached that point. In other 16 words, it would be to everyone's advantage to agree to a settlement, but condemnation 17 proceedings need to be started due to the time frame. 18 The other alternative about negotiating with residents over the fall and winter was 19 discussed, as opposed to beginning condemnation proceedings immediately and starting 20 construction in the fall of 2000. 21 Mr. Soth reminded the Council that there is one other option, which is to negotiate with 22 the residents, and begin the condemnation proceedings if necessary. 23 Mr. Willenbring reviewed that the residents had expressed an interest in beginning 24 construction right away; however,the residents were not aware at that time about the 25 possibility of condemnation proceedings. 26 27 A resident approached the Council and stated that delaying the project until the fall of 28 2001 makes sense because it would give the Council and residents time to negotiate. 29 Originally, he stated that the residents wanted the project to begin immediately; however, 30 none of the residents he noted were aware of the condemnation process. 31 Another resident approached the Council and said that he had been told by the prior Mayor that a fair settlement would be given. The resident was concerned that he would City Council Regular Meeting Minutes June 27, 2000 Page 13 1 be forced to have out-of-pocket expenses and still would not be fairly compensated for 2 his property. Mr. Soth-reassured the resident that he would be fairly compensated either 3 by an agreement between the resident and the City, and if the process went to Court, then 4 he would be fairly compensated by the Court. 5 Bob Strakoda, an appraiser and commissioner from the audience spoke to the Council and 6 explained the process of the appraisal process for these types of situations, and reassured 7 the residents in attendance that they would be fairly compensated for their property. 8 Jeff Winker, 2813 30th Avenue, approached the Council and presented a drawing that 9 was shown at the February 29, 2000 neighborhood meeting. 10 Motion by Horst to approve Resolution 00-055, a Resolution Ordering Property 11 Appraisals, Purchase of Easements, and Preparation of Final Plans for Storm Water 12 Improvements at Harding Street, wherein the City Council of the City of St. Anthony 13 authorizes: 14 * The appraisal of affected properties for the purposes of acquiring drainage, 46 ponding, and utility easements; 16 * City Staff to acquire necessary easements for construction of storm water 17 improvements; and 18 * WSB & Associates to prepare final plans and specifications for the proposed 19 improvements. 20 Motion carried unanimously. 21 Sparks mentioned that she would like to review any proposed maintenance agreements, 22 and she would like to ensure that high quality standards would be used in the construction 23 of the project. Sparks wished to recognize the sacrifice that the residents are making. 24 Motion by Horst to extend the meeting time past 10:30 p.m., 25 Motion carried unanimously. 26 2. Resolution 00-056 re: Order Feasibility Report on 2001 Street and Utility 27 Improvements. 28 Motion by Horst to approve Resolution 00-056, a Resolution Ordering Preparation of 29 Report on Improvement wherein the City Council of St. Anthony authorizes the proposed improvement to be referred to WSB & Associates for study and that they are instructed to r e City Council Regular Meeting Minutes June 27, 2000 • Page 14 1 report to the Council with all convenient speed advising the Council in a preliminary way 2 as to whether the proposed improvement is necessary, cost-effective, and feasible and as 3 to whether it should best be made as proposed or in connection with some other 4 improvement, and the estimated cost of the improvement as recommended. 5 Motion carried unanimously. 6 Mr. Willenbring reviewed the remainder of the memorandum with the Council outlining 7 a list of projects that are currently ongoing within the City. 8 Mayor Cavanaugh thanked Mr. Willenbring for his presentation. 9 C. Ci1y Manager. 10 1. City Manager Michael Morrison reported that a proposal would be received from 11 Mary Ann Jacobson regarding the grant proposal for Central Park. 12 2. The skate park proposal as submitted by the Parks Commission will be deferred to the Council meeting on August 8, 2000. 14 3. There will be a survey in the Summer Newsletter regarding having one garbage 15 hauler for the City. 16 4. The lighting proposal for 29th Avenue NE will be available July 19-25. 17 5. The current plan for the green space for the St. Anthony Shopping Center will be 18 presented by Dick Krier on July 11, 2000 at the City Council meeting. 19 6. Autumn Woods would be making a proposal for expansion of the facility on the 20 property. Updates would be forthcoming to the Councilmembers. 21 7. Mayor Cavanaugh and the St. Anthony Chamber of Commerce have sent letters to 22 Herbergers' corporate office regarding the redevelopment of Apache Plaza. 23 8. Evaluations regarding Silver Lake will be in the Council boxes soon. 24 9. Morrison reviewed'the upcoming issues for the Planning Commission in July. 25 10. . The City's Fire Chief is negotiating with the City of Roseville regarding an 26 Automatic Fire Response Contract. City Council Regular Meeting Minutes • June 27, 2000 Page 15 1 XI. REPORTS FROM COUNCILMEMBERS. . 2 Hodson met with the Silver Lake Homeowners Association and the consensus to work with the. 3 Council in establishing a long-term relationship regarding water quality. The Councilmembers 4 would be receiving a letter soon regarding the results of that meeting. 5 Horst wished to express his appreciation for the Planning Commission working late last week, 6 and to the Chamber of Commerce for writing the letter to Herbergers last week. Additionally, 7 Horst was planning on attending the Metropolitan Council breakfast. 8 Thuesen did not have a report. 9 Sparks noted that there is a VillageFest meeting at 6:30 p.m. on Thursday evening at City Hall. 10 Additionally, Sparks noted that there has been another complaint about speeders on 30th. 11 Apparently, a resident ran over a skateboard and, luckily, there was not a child on the skateboard. 12 However, it is about the third time that the resident has complained about speeding. A thought 13 was to put up the radar sign along that street so that residents could see the speeds. Cavanaugh acknowledged that the golf notice has been mailed and he said that it looks like a great outing. In connection with The National Night Out, Cavanaugh mentioned that 16 Councilmembers have, in the past, agreed to sign up for specific blocks. 17 XII. INFORMATION AND ANNOUNCEMENTS. 18 None. 19 XIII. ADJOURNMENT. 20 Motion by Horst to adjourn the meeting at 10:52 p.m. 21 Respectfully submitted, 22 Sue Selseth 23 TimeSaver Off Site Secretarial, Inc. tit 24 25 Mayor 26 ATTEST: jau 4"Z2 27 City Clerk