HomeMy WebLinkAboutCC PACKET 03011983 Meeting Sheet
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Box: 16
Folder: CC PACKETS 1981-1984 & 1987
Document: CC PACKET 03011983
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
March 15, 1983
7: 30 P.M.
1. Call to Order.
2. Roll Call.
3. Minutes .
a. -Planning Commission - February 15, 1983.
4 . Planning Commission Vice Chair Acceptance.
5 . Designate Commission Representative to the Council Meeting on
March 22, 1983.
6 . Public Hearings.
a. 8: OO P.M. - Urban County Housing and Community Development
• Planning Allocation.
b. 8 :10 P.M. - Urban County Housing and Community Development
Needs - City ' s Proposal to Amend.
7 . Zoning and Ordinance Variations .
8 . Old Business .
9 . New Business .
a. Kenzie Terrace Redevelopment Project.
10 . Miscellaneous .
a. Mayor Sundland' s Letter to the AMM, re : New Laws Regarding
Variances and Conditional Use Permits .
11 . Adjournment.
•
CITY OF ST. ANTHONY
PLANNI14G COMMISSION MINUTES
February 15 , 1983
The meeting was called to order by Chair Makowske_ at 7:43 P.M.
Present for roll call : Bowerman, Jones , Makowske , Bjorklund, and the
newly appointed members , Rosemary Franzese,
3308 - 36th Avenue N.E. , and George Wagner,
3317 Edgemere Avenue N.E.
Absent: Zawislak.
Also present : David Childs , City Manager.
The following changes were made to the January 18th Commission minutes :
Page 1 , para. 6 : Substitute "Chair" for "Chairmanship" in line #2 .
Page 1 , para. 8 : Substitute "Chair" for "Chairmanship" .
Page 2 , para. 1 : Substitute "Chair" for "Chairman" in line #1 .
Page 4 , para. 2 : Amend the poll of membership to indicate Mr. Bjorklund
• would serve along with the new Commission members for
three years ; Mr. Bowerman and Mr. Zawislak accepted
two year appointments , and Mrs . Makowske and Mr. Jones
would serve one year terms .
Page 4 , para. 3 : Delete "Road" in line #3 .
Page 5 , para. 3: Substitute "Chair" for "Chairman" in line #1 .
Page 5 , para. 4 : Substitute "Chair" for "Chairman" in line #1.
Motion by Mr. Bowerman and seconded by Mr. Jones to approve as amended
the minutes for the Planning Commission meeting held January 18 , 1983.
Motion carried unanimously.
Motion by Mr. Bowerman and seconded by Mr. Bjorklund to request that
all future references to the spokesperson or head of the Planning
Commission be as "Chair" and to identify the Pro Tem as Chair Pro Tem.
Motion carried unanimously .
It was the Chair' s recommendation that the new Commissioners should
attend the next Council meeting to familiarize themselves with the pro-
cedure which is followed by the Commission representative who reports
the Commission' s actions and recommendations to the Council. Mr.
• Bjorklund said he has always been concerned that such reporting should
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be completely unbiased and should reflect only the official recom-
mendations of the Commission as a whole , leaving .the differing opinions
to be reported in the minutes . These minutes are read in advance by
the Council and often trigger specific questions about those differences .
The minutes of the meeting that evening would be reported by Mr. Jones .
Mr. Childs distributed copies of the response from Metropolitan Council
indicating they would be willing to assist the City in developing a
housing plan at no charge. He credited Mr . Krier ' s timely advice that
.such assistance would be available and noted that the City would probably
be the first, and possibly the only , recipient of such free service,
since the Metro Council had since had second thoughts about undertaking
such an expensive program at no cost to the recipients . He regrets
the program would probably not be available before the school district' s
Growth and Development study is completed, he told Mr. Jones .
only minor cosmetic changes in wording have been made in the proposed
sign ordinance which would be given its second reading by the Council
February 22nd, according to Mr. Childs . However, the Chair drew- the
Commission members ' attention to the Council ' s January 25th minutes
which reported her agreement to present for Commission reaction Council-
man Mark' s recommendation that the definition of Sign Surface Area be
tightened up .
Motion by Mr. Bjorklund and seconded by Mr . Jones to request staff re-
write the definition of Sign Surface Area in Subdivision 25 , Section
430 : 00 of ordinance 1983-001 , to assure both sides of a sign would be
included in the total surface area.
Motion carried unanimously .
The Manager said the definition of gas stations on Page 11 of the
ordinance is also being rewritten by the City Attorney so service
stations which do not sell gasoline would not be permitted the same
signage as those facilities which do .
For the benefit of the new members , Mr. Childs gave the historical
background of the problems the City has had with the temporary signage
permitted Craig & Company under the Hedlund PUD and reported a new
violation of the agreement Mr. Morris had entered into with the City
when the signage was permitted.
Motion by Mr. Bjorklund and seconded by Mr. Jones to nominate Bill
Zawislak to serve as Chair Pro Tem for the Planning Commission during
1983 , pending his acceptance of that position.
Motion carried unanimously.
Air. Childs reported the Housing and Redevelopment Authority had met
twice since the February 8th interviews for the Kenzie Terrace Re-
development Project to evaluate the proposals .from the Knutson Company
and Arkell Development. He told lir. Jones the final selection of one
• of the two firms to develop the project, February 22nd, would not
necessarily be based on the design proposed by. either firm, but,
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rather, the H.R.A. would primarily be concerned with the developers '
track records for the type of project proposed for St. Anthony as well
as their financial capability for completing the project as proposed.
Both firms had indicated they could be flexible within reason when it
came to meeting the design guidelines proposed for the project.
When Mr. Bjorklund inquired just what the Commission' s involvement in
the final decision might be, Mr. Childs told him he perceives the Council
believes the Commission' s official role would be to review the site
design and traffic flows for the project and to recommend any zoning
changes which might be necessary so the developer could be certain that
adequate zoning was assured before the Redeveloper ' s Contract is signed.
He added that he perceives it would take at least 60 days to complete
the Planned Unit Development process which would include the Commission ' s
consideration of the Plat Concept Plan as well as the setting of setback
and design requirements necessary under the P.U.D. The Manager noted
that the City has more flexibility under a P.U.D. to negotiate the
changes which might be necessary to meet the needs of a project like
this one. Mrs . Franzese recalled that during the interviews the
Planning Consultant had indicated that, considering that 500 units had
been proposed for a project site the size of this one , there could not
be too many choices left but to go up with the buildings . Mr. Childs
added, however, that he is certain the developers are fully cognizant
of the City ' s concerns about the height of the buildings to be erected
on the north site , but suggested the Commission members discuss any -
design concerns so they can be included in the negotiations by the
• Planning Consultant. He also believed it would be to the Commission
members advantage to look at the Lakeshore Drive project in Richfield .
There was some concern with the proposal to have parking ramps rather
than underground parking, considering the age of the residents and
Minnesota ' s climate . Mr. Bowerman was concerned that there might be
a snow storage problem with one of the proposals and Mr. Jones said
he liked Knutson' s placement of accesses directly across from each
other on Kenzie Terrace . Considering the concerns of neighbors about
the senior housing project previously approved for the north site, the
Commission members were unsure whether it would be best to place the
building or the parking and garbage access to the rear of that property.
Mrs. Franzese said she was impressed with Knutson ' s willingness to set
up a twenty-four hour security and management corporation for the
buildings rather than just leaving it to the homeowners ' association.
Mr. Jones liked the ponding element of one proposal and has seen these
successfully developed in both Columbia Heights and New Brighton.
Mr. Childs said he understood the other firm would be willing to provide
similar amenities, including roof top recreational and gardening
facilities if that is what the City wants , but had just not spent as
much money on their first presentation. He added, however , that the
age of the resident might govern what type of recreational facility
would be needed. Mr. Bowerman speculated that the pond might become
"an attractive nuisance" for children and might restrict the options
• for other amenities such as pathways, etc, Mr. Bjorklund responded
that a walkway could be provided around the pond.
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Mr. Jones indicated he agreed with staff that a free standing swimming
pool facility would probably not be realistic in this climate and
guessed that the St. Anthony Bowling Alley might eventually become a
recreational club for the residents of this project. However, he and
Mr. Bowerman could not agree on whether the green areas should be
centrally located or related separately to each building. The latter
was concerned that the amount of surface parking proposed by Knutson
might overwhelm the amenities of the .living areas and perceives under-
ground parking would not only provide security but also housing for the
building mechanical , where they would not bother the residents.
Chair Makowske indicated she perceives the Commission members seem
to prefer the Knutson configuration with the exception of the amount of
black top for parking and the lack of certain amenities which had been
proposed by Arkell , but which the Manager believes Knutson would be
willing to provide as well . Mrs . Franzese indicated she had concluded
from the interviews that both firms would be flexible in this regard.
Mr. Jones indicated he would like to see an easy access from the project
to public transportation and believes there might be more security
provided with a common recreational area. He would also like to -see
plans which would provide enough buffering to discourage through
traffic by outsiders , but at the same time which would provide easy
access for the residents to the shopping center .
Mr. Childs then requested whether there would be any interest in attend-
ance at either of two planning seminars reported in the Commission
agenda. No one indicated an interest in the Seattle conference, but
Mrs . Franzese reported she was waiting to hear from the sponsors of
the St. Cloud seminar regarding arrangements to attend that meeting .
The Manager anticipates the Commission may be able to start looking at
the capital improvement plan in a couple of months . At present he is
working on the City zoning map which had not been kept up to date .
Mr. Bjorklund suggested when that task is completed, the map could be
published and duplication costs would be nominal .
Motion by Mr. Bjorklund and seconded by Mr. Jones to adjourn the meeting
at 9 : 36 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe , Secretary
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• NOTICE OF PUBLIC HEARING
CITY OF ST. ANTHONY
Notice is hereby given that Hennepin County and the City of St. Anthony
pursuant to Title I of the Housing and Community Development Act of
1974 , as amended, are sponsoring a public hearing before the Planning
Commission on Tuesday, March 15 , 1983, at 8: 00 P .M. , and before the
City Council, Tuesday, March 22 , 1983 , at 8 :00 P.M. , in the City
Council Chambers , 3301 Silver Lake Road to obtain the views of
citizens on local and Urban County housing- and community development
needs and to provide citizens with the opportunity to comment on the
Urban Hennepin County Statement of Objectives/1982 and the City of
St. Anthony 's proposed use of its Year IX Urban Hennepin County
Community Development Block Grant planning allocation of $46 , 560 .
The City of St. Anthony is proposing to fund the following activities
with Year IX Urban Hennepin County CDBG funds starting July 1, 1983 .
Rehabilitation of Single Family Homes $40 ,000
Public Services - Senior Citizens Programs 4 , 656
Administration 1 ,904
$46 , 560
r
For additional information on proposed activities , level of funding
and program objectives , contact the City of St. Anthony , 3301 Silver
Lake Road, St. Anthony, MN 55418 , 789-7881 .
The public hearing is being held in accord with the Urban Hennepin
County Joint Cooperation Agreement pursuant to M.S . , 471 . 59 .
David M. Childs
City Manager
Publish: March 3, 1983
NOTICE OF PUBLIC .HEARING
CITY OF ST. ANTHONY
Notice is hereby given that Hennepin County and the City of St. Anthony
pursuant to Title I of the Housing and Community Development Act of
1974, as amended, are sponsoring a public hearing before the Planning
Commission on Tuesday, March 15 , 1983, at 8 : 10 P.M. , and before the
City Council , Tuesday, March 22, 1983, at 8 : 10 P.M. , in the City
Council Chambers , 3301 Silver Lake Road, to obtain the views of
citizens on local and Urban County housing and community development
needs and to provide citizens with the opportunity to comment on
the City of St. Anthony ' s proposal to amend its year VI , VII , and
VIII Urban Hennepin County Community Development Block Grant planning
allocation.
The City of St. Anthony is proposing to fund the following activities
with Year VI , VII , and VIII Urban Hennepin County CDBG funds .
Year VI Kenzie Terrace Study $16 ; 679
Year VII Site Acquisition/Assisted Housing 40 ,000
Year VII Administration 1 ,100
Year VII Removal of Architrectural Barriers 7 , 000
Year VII Rehabilitation of Single Family Homes 18 , 385
Year VII Public Services-Senior Programs 2 ,091 .
Year VIII Assistance to Low and Moderate Income 15, 000
Housing: Street Improvements
Year VIII Right-of-Way Acquisition-Sidewalks 21 ,128
• Year VIII Rehabilitation of Single Family Homes 30 , 773
Year VIII Public Services-Latch Key Program 2 ,460
Year VIII Public Services-Senior Programs 2 ,640
Year VIII Administration 1 , 540
For additional information on proposed activities , level of funding and
program objectives , contact the City of St. Anthony, 3301 Silver Lake
Road, St. Anthony , MN 55418 , 789-8881 .
The public hearing is being held in accord with the Urban Hennepin
County Joint Cooperation Agreement pursuant to M.S . , 471 . 59 .
David M. Childs
City Manager
Publish : March 3, 1983
WESTWOOD PLANNING & ENGINEERING COMPANY
f•
March 11, 1983
Planning Commissioners
City of St. Anthony
3301 Silver Lake Road Northeast
St-. Anthony, MN
Subj: Kenzie Terrace Redevelopment Project
Dear Commissioners:
As you are aware, tlx> St. Anthony (lousing & Redevelopment Authority has
designated a joint venture of Arkell DevelopmenL- Curl). arid Kruur;-Anderson
Construction Company as tentative redevelopers of the Kenzie Terrace
Redevelopment Project Area, Phases I and II. As part of this approval,
the HRA has instructed the redeveloper to present a concept proposal to
the Planning Commission for your comments, prior to approval of the
Redevelopment Contract on March 22, 1983.
The attached plans are revisions of those submitted to the HRA and are
subject to future change. I recumne nd that. the Planning Commission review
these plans and set a public hearing date for a PUD preliminary plan of
• May 17, 1983, for the first phase of redevelopment (building A) .
the redeveloper will be at the March 15 meeting to present the concept
plan and ;.r sk for your comments.
Respectfully,
UF., UI) Pt AN ING 4 ZLNV _I.ItINC CUMPANI
chard C. Kricr, A1C1'
t;CK;dg
;lt;tachrrlent.s
cc: 11RA Attorney
1415 WAYZATA BOULEVARD. MINNEAPOLIS, MINNESOTA 55426(612) S46-0155
ADMINISTRATIVE OFFICES 3301 SILVER LAKE ROAD®MINNEAPOLIS,MINNESOTA 55418 PHONE 789-8881
CITY OF
sT. anTH®ng
March 1, 1983
AMM Board of Directors
183 University Avenue East
St. Paul, Minnesota 55101
ATTN: Vern Peterson
Dear. Sir:
RE : New Laws Regarding Variances And
Conditional Use Permits
Certain changes in the laws relating to variances and condi-
tional use permits were made in the last session of the Legis-
lature and became effective January 1 , 1983. These are covered
by Laws of Minnesota 1982 , Chapter 507'.
The amendments define "undue hardship" with respect to variances
and establish- certain new requirements for conditional use per
mits.
The Statutes have also. been amended to , require the filing with
the County Recorder or Registrar of Titles of granted variances
and conditional use permits and all zoning ordinances.
I am enclosing for your reference a copy of portions of the new
law. The changes with respect to variances appears on page 593.
The conditional use permit provisions are on pages 594 and 595,
and the recording requirement is on page 595 .
In looking into our existing City Ordinances regarding vari-
ances and conditional use permit procedures, we are relatively
close as general principles apply, but the language used in
the new laws are somewhat different-. I suggest that each city
in the state must now look at their existing ordinances and
consider amendments to deal with the new law.
The recording requirements in- my opinion and that of the St.
Anthony City Council, are placing a burden on both property
owners and cities. If the new requirements are followed, all
AMM Board of Directors - 2 - March 1, 1983
zoning ordinances must be recorded. In addition, each variance
and conditional use permit will have to be carefully drafted
and will need to include a proper legal description and other
necessary elements complying with the cities' ordinances and
the new state laws. (See attached St. Anthony City Council
action) .
I am also attaching a copy of a letter received from Hennepin
County with respect to questions raised in connection with these
filings. As you will note, the variances will not be accepted
by the Registrar of Titles. It will be necessary for the city
or the property owner to determine whether the property is Tor-
rens property or not. It- will also be necessary to provide a
perfectly correct legal description (which in the Torrens pro-
perty must be identical to that which appears on the Certificate
of Title) , and it will be necessary to correctly state the name
of the owner of the property. If the property has been purchased
on contract for deed, it is not clear whether the fee owner or
contract purchaser should be named as the person to whom the
variance or conditional use permit is granted.
As you will further note in the letter from the County, the
County is of the opinion that variances. and conditional use
permits benefit the owner, not the City, and that the exemp-
tion from filing fees available to .cities for recording deeds,
easements , etc. , will therefore not be available in these cases.
Our suggestion is to try and have at least the recording re-
quirements repealed on the ground that they will cause undue
administrative burdens and exPense for cities at a time when
they can least afford it, and alsolon property owners of our
cities.
I will be in Washington D.C . on March 3, 1983, so of course
will not be at the monthly AMM meeting. Any questions you may
have prior to the March 3 meeting can be directed to Dave Childs,
City ~Manager.
Stan Peskar, General Counsel for the League of Minnesota Cities,
has had a discussion on the new laws with our City Attorney, Mr.
Bill Soth of Dorsey and Whitney.
Thank you for your consideration.
Sincerely,
R. J. Sundland
Mayor, City of St. Anthony
RJS : cz
cc: John Rose, State Representative
St. Anthony City Council
St. Anthony Planning Commission
Mr. Bill Soth
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plan for the City and the second to look at the existing ordinances
pertaining to planning issues to see if some of the outdated concepts
and language could be rewritten. Mr. Soth advised it would be much
easier to recodify some of the Commission suggestions than rewriting
the whole City Ordinance. He said he has been attempting to recodify
the ordinances as they come up.
He then alerted the Council to the fact that somehow during the hectic
last hours of the legislative sessions some stringent restrictions on
granting variances and conditional uses , which he perceives could
impose heavy administrative expenses on municipalities, were slipped
through. He suggested it might be advisable to have the League of
Cities and A.M.M. study the legislation for possible repeal . Council-
man Ranallo will bring the matter up with the League and the Mayor
agreed to bring it to the attention of the A.M.M. Board of Directors
at their next meeting. The following was passed as an indication of
the Council's support of repeal of the legislation.
Motion by Councilman Marks and seconded by Councilman Enrooth to
request the Association of Metropolitan Municipalities and the League
of Minnesota Municipalities to work towards the repeal of the new
legislation which would set stringent restrictions on granting
variances and conditional use permits .
Motion carried unanimously .
Because the date selected by Hennepin County for the Board of Review
• is not a Council date , Mr. Hamer was instructed to try to reschedule
that hearing for May 10 , 1983 .
In reference to the proposed agreement with the Salvation Army Camp ,
whereby a feasibility study for the requested drainage of a problem•
area on the Salvation Army grounds would be made as discussed in the
agent?a packet , Mr. Hamer suggested an arrangement might be made with
the engineers to dela., the presentation of their charges for the study
until after the study had been presented to the other government
bodies %:,ho would be invol%-od in the drainac,e . The Public Works
Director confirmed that St. AS:thony has no runoff and that most is
from New Brighton and the Salvation Army would have to bear all the
costs for the study if the two counties and three cities who are
involved failed to join in the joint powers agreement. ~ .
Motion by Councilman Marks and seconded by Councilman Enrooth to
adopt the resolution which would authorize the Mayor and City Manager '' .._
to enter into an agreement with the Salvation Army for a feasibility
cost study for correcting a drainage problem on Salvation Army
property.
RESOLUTION 83-017
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN
THE CITY OF ST. ANTHONY AND THE SALVATION ARMY
FOR FEASIBILITY STUDY COSTS
Motion carried unanimous Iv .
592 LAWS of MINNESOTA for 1952 Ch. 507 Lh. S07
Sec. 18. [37SB.11) WITHDRAWAL, BY RESOLUTION OF COON- p
TY BOARD. ordinanc
The county board may ty resolution withdraw a subordinate service ship bc=
district from the provisions of this chapter and discontinue the service provided tion, and
within the service district. The county board shall cause notice of its intention to will be is
withdraw the service district to be published at least once in the official as used
newspaper not more than six months or less than three months before the ` uq estion
resolution is adopted. If a 'ol int powers agreement is a amort of the subordinate f the olFici
service district arrangement no withdrawal shall be effective under this section i his prop
unless allaP tries to the of int oowers agreement agree to the withdrawal. alter the
not cons
Sec. 19. [375H.12) LOCAL LAWS SUPERSEDED. the term
A special law for a single county, except a metropolitan count} as defined inadequzs
in section 473.121, subdivision 4, and a� other county containing a Sqty of the granted
first class. which authorizes the county to e%tablish subordinate service districts cion 3,
or areas is hereby superseded. Any service bei rovided pursuant to the ad)ustme
s ial law on or before the effective date of sections 1 to 12 may continue to be variance
provided ursuant to the special law. zone wh
Sec. 20. Minnesota Stdtutes 1980, Section 275 50, is amended by adding the casedwelling
a subdivision to read.
be may
Subd. 7 A tax or service charge levied by the count`v N-)ard within a to prota
subordinate service .Jigtnct Eusuant to chapter 3759 is a % ecial le%v• and is S
not subject to tax le�v limitations including those contained in sections 275.50 to amends
275.56 or a_nv other law Suhsequent increases in the initial tax or service charge,
or additional taxes or service charges tin )sed at a time later than the ado tion of S
the initial tax .•r serwe charge %hall he %utLft�t to lew limitation, safety, a
deNelorr
Sec. 21. %innesota Statutes 1980. Section 4t,2.352, Subdivision 2. is housing
amended to read
adequatz
Subd. 2. "Municipality" means any city, including a city operating parks, pl
under a home rule charter, and any town having tow p.awers of 66611010 srtaa ordinanc
Qussuam ru b4h;Nen 36101. procedui
Sec. 22. Minnesota Statutes 1980, Section 462.357, Suhdivision 6, is regulatir
amended to read: only to.
for each
Subd. 6. APPEALS AND ADJUSTMENTS. Appeals to the board of A
appeals and adjustments may be taken by any affected person upon compliance
with any reasonable conditions imposed by the zoning ordinance. The board of any dirt
appeals and adjustments has the followin; powers with respect to the zoning proany dire
ordinance: less toii
h
less that
(1)To hear and decide appeals where it is alleged that there is an error in equal di:
any order, requirement, decision, or determination made by an administrative aaNmu
officer in the enforcement of the zoning ordinance. tarsa;teq
i
Changes or additions are indicated by underline. deletions by slralwow.
i
4.
ti
393
LAWS of MINNESOTA for 1982
Ch 507
.1
a
r variances from the literal provisions of the
(2) To hear requests fo
r:
Y.
rcement would cause
ordinance in instances where their strict enfo
%hip because of circumstances uniunder considera
I property que to the individua �'.
y' tion, and to grant such variances only when it is demonstrated that such acti -
ons
y nit of the ordinance.
A Ill be in keeping with the spirit and inte "U_ndue hardshi
,. used in connection with the rantin of a variance means the ro rt in
yUeSliOn eanno t to a reams le use if used under conditions allowed
the official controls,the 1p ight of the landowner ie LO
s due to cttcu_ ms_ t_a_^cam u will not
�, s ru nv not created the land and the variance, if rag rated, _shall
_
IS
x. titer the essential chadr_acterrdshhe {easonab-leo thenomic sidru�v osis sations ounder
..,t constitute an undue _� _ not
-tic terms of the urdi_nance. Undue hardship also Includes, but isnanclrmshadlltFie `
inadequate access to direct sunlight for solar energy systems.
tion trn as defined in section 116H.02• alsd
ubdivi-
inted for earth sheltered construcof and
when in harmony with the ordinance. The board not permit as a
governing body as the case may be. rnaY env in the
a fiustments or the
canance any use that is not permitted under the ordinance for Property
• The y as
tone where the affected person's land is located. bo d ouoof a ionebfamily
;he case may be, may permit as a variance the temporary
ca-%e MAY
dµelling as a two family dwelling. The M�ard or governing body as theMance and •i'
:+e may impose conditions in the granting of vanances to insure comp
to Protect adjacent properties.
Sec. 23. Minnesota Statutes 19SO, Sect'
�n 46'_.353, Subdi.isinn la. is
.emended to read:
protect and promote the public health.
Subd. la. AUTHORITY, To p
I provide for the orderly, economic. and safr
safety, and general welfare. to p
ie�elupment of land. to Preserve agncultural lands, to promote the availability of i }
I housing affordable to persons and families of all income levels, and to facilitate a.
I "
adequate provision for transportation,
facilities. munici{igity mayby -
parks, playgrounds• and other public se `
ordinance adopt subdivision re visions.establishing
disapproval
fssubdivisi`nns.ts The + '
procedures for the review' and app pp applicable
regulations may contain varied provisions respecting, and be made app
only to,certain classes or kinds of subdivisions. The regulations shall be uniform a
for each class or kind of subdivision.
A municipality may by resolution extend the application of its subdivision
territory located within two miles of its limits in i
regulations to unincorporatedivision regulations; ' 1
I g
any direction but not in a town which has adopted subdivision
provided that where two or more noncontiguous municipalities have boundaries
apart. each is authorized to control the subdivision of Land
less than four miler p I
equal distance from its boundaries within this area. • 'fes i
le �
� upon &he
p.ti w cif ws ted Of d atliiGed by the I I e
• i
cated by un rlin . deletions by
CbaeRft or additions are IndiKrems' i' 4
i i
1
►
594 LAWS of MINNESOTA for 1982 Ch. 307
wbdi�isiew es sewing s.B+tJatierate. beard shall established eewsiesiw8 of a
thsa+s aaerwbes oeswwaisses wish este aw+Aboc appeiwted Retro each of tlN waatnpaJ,
toww Sed cerwsY saveming bodies. This lea board shall adopt aewiwg awd
disi�►w segtalasiews trades socaiewc 462'131 to 463.364 res the entire area
�wiiahiw awe erodes of the 64y lesated wiah;n a teww, MW dssigrwaa eM of the
Bewtsfl►ng bodies to wave as aha gea+asniwg IN04 mW board of appeals mW
fes purposes of sactiewit 462.3SI a 463.358 within tl+e nano BesiwB
the time before aaw joiwt beam adepts t iiNJ 4'sieve rept►latiews+ the wb.liuieiet►
fog"I"+ens which the m4 icipaliay has esaaewded shall appl!'.
Sec. 24. 1462.35851 JOIE r PLANNING BOARD.
Upon request of a home rule charter or statutory cid council or county or
town board by resolution presented to the county auditor of the county of the
affected territory a board shall _e established to exercise plannin and land use
control authonty in the unincorporated area within two miles of the corporate
limits of a city. The board shall have members in a number determined by the
city, county, and town. Each governmental unit shall have an equal number of
members. The members shall he appointed from the govc inn bodies of the
cites, county, and town. Upon request of more thanone county or torn board
with respect to the unincorporated area within two miles of the cor rate limits
of a sin le .its, the ares may create one hoard rather than ase trate board for
each county or town, with equal membership from each affected governmental
unit. The board shall serve ,s the overni_g b4+dy and board of meals and
adjustments for purposes of actions 462.351 to 462.364 within the two-mile area.
The board ,hall have all of the vers contained in sections 4,)2.151 to 362.364
and ,hall have authunt_y to ads and enforce the uniform fire cnde promulpted
P.!ir to section 299F011 The city shall p_mvide staff G,r the pre arau++n
and admmistralion of land use controls unless otherwt,e a reed by the govern-
mental units. If a municipality extends the application of its subdivision
regulations to unincorporated to tory located within two miles of its limits
ursuant to section 462.359 subdivision la, before the creation (if a p,mt hoard,the subdivision regulations which the municipality has extended shall �U!j until
the joint board adopts subdivision regulations.
Sec. 25. (462.35951 CONDITIONAL USE PERMITS.
Subdivision I. AUTHY.ORITTh_e governing tv-%dy may �y ordinance
designate certain types o_f developments, includin planned unit developments,
and certain land development activities as conditional uses under zoning MEIL
tions. Conditional uses may be approved bz the overnin btxlz or other
designated authority t a showing�y Lhe arplicant7hat the standards and criteria
stated in the ordinance will be satisfied. The standards and criteria shall include
both general requirements for all conditional uses, and insofar as practicable,
requirements s ific to each designated conditionals use. f
I
Ganges or additions are indketed by underlinedeletions by wwieew.
Ch. 507 LAWS of MINNFSOTA for 1992 393
Subd. 2. PUBLIC HEARINGS. Public hearings on the grantin of
conditional use permits shall be held in the mannerrop vided in section 462.357
subdivision 3.
Subd. 3. DURATION, A conditional use permit shall remain in effect as
long as the conditions agreed upon are observed, but nothin in this section shall
prevent the municipality from enacting or amendin official controls toehange
the .latus of conditional uses.
Subd. 4. FILING OF PERti11T. A_ certified copy of�U conditional use
permit shall be filed with the county recorder or registrar of titles of the county
or counties in which the municipality a located for record. The conditional use
permit shall include the !S&!j description of therP operty included.
Sec. 26. Minnesota Statutes 1980, Section 462.36, Subdivision 1, is
,amended to read: +
Subdivision 1. REQUIRED DOCUMENTS. A certified copy of every
ordinance, resolution, map, of regulation adopted, or variancerg anted under the 1
provisions of sections 462-VU awd 462.357 to 462.359 and awwadratr+te *hesai �
sections 3 and 4 of this act shall be filed with the county recorder of the county
,r counties in which the municipality adopting it is located. Ordinances, I
be-%olvuons, maps or regulations tiled with the county recorder pursuant to this +
wbdivision do not constitute encumbrances on real property. The order issued
by the gos,•rninS body or beard of appeals and adjustments as the case may be, ! �,
'hall include the legal description of thero_operty involved.
Sec. 27 Minnesota Statutes 11)80, Section 471.51), is amended by adding
a wbdicnion to read:
Subd. 10. SERVICES PERFORMED BY GOVERNMENTAL
UNITS; COMMONALITY OF POWERS. Notwithstanding the provisions of
subdivision 1 requiring commonality of powers betweenaL'_rties to any agreement, s
the governin holy of any governmental unit as defined in subdivision 1 inaY
enter into agreements with a� other governmental unit to perform on behalf of
that Lash aU service or function which the governmental unit providing the
service or function is authimred torp Ovide for itself.
Sec. 28. Minnesota Statutes 1980, Section 471.98, Subdivision 2, is
amended to read:
Subd. 2. "Political subdivision" includes a statutory or home rule char-
ter city ws. a county or a town or an instrumentality thereof having independent
Policy ma{cing and appropriating authority. For the ur ses of sections 471.95 i
and 471.981, the governing body of a town is the town board. j
Sec. 29. ST. LOUIS COUNTY HISTORICAL SOCIETIES.
i
<; Cbanges or additions art i"esied by underline, deletions by strilioew.
S% LAWS of MINNESOTA for 1982
Ch. 307
St. Louis county tray rovide funds and facilities for more than one
historical sacietr of which shall be su_ bject to the rovisions of Minnesota
Statutes, Sections 138.051. 138.052, and 138.033 and other laws overnin the
conduct of county historical societies.
Sec. 30. EFFECTIVE DATE.
Sections 1 Lo7123, 24, 28 are e effective the � following final
enactment. Sections 22. 25, and 26 are effective lam I, 1983, Section 29 is
effective the 9-al after compliance with section 645.021, subdivision 3 by the St.
Louis count- board. -
Approved March 22, 1982
CHAPTER 508—S.F.Yo. 1%2
An act relating to agriculture; pro►tding for the regulation of grain storage
warehouse operators; changing certain fee provisions; providing penalties; appropnattnq
money; amending .Minnesota Statutes 1980. Sea•rnon :36.01: Minnesota Statutes 108/
Supplement, Sections 131.lb; and 2JJ.08; promming new law coded in Minnesota Statutes
Chapter 232; repealing .1linnesots Statutes 1980, Sa•ttons 131.06, Subdivisions 1, 3• 4, 6
1.
and 7, 112.07 to:.11.19, .Minnesota Statutes 1981 Supplement. Section 232.06, S jhJi,tston
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section I. (232.20] CITATION.
Sections I to 6 may be cited as the grain storage act
Sec. 2. (232.211] DEFI`ITIONS.
Subdivision 1, APPLICABILITY. For the purpose of sections I to 6.
the terms defined in this section have the meaning tg ven them. _
Subd. 2. BOND, "Bond" means an acceptable obligation. running to the
state as obligee, for the purpose of indemnaving de ►sttors and producers o_f
rain a stoat breach of contract �ya ublic rain warehouse or rain bank
o razor. - _
Subd. 3. COMMISSIONER. "Commissioner" means the commissioner
of agriculture.
t
Subd. 4. CONDITION ONE BOND. "Condition one bund" means a
bond fora 11tib itrain warehouse o rator when grain betonin to persons
other than the warehouse o razor is accepted for storage.
Cb&n"s or addldoes an iediested by underline, deletions by awbaerr.
FTDIVISION OF PUBLIC RECORDS •' c°°
County Recorder �►
A-800 Government Center
HENNEPIN Minneapolis, MN 55487
LFW
January 11, 1983
FROM: Hennepin County Recorder/Registrar of Titles
RE: Chapter 507, 1982 Session Laws, Sections 25 F, 26 (Canditional, Use `
Permits - yhmicipalities, Minnesota Statutes 462.3595 and, 462. 36)
This notice is in response to the questions being asked by various law firms
that handle the business of municipalities in Hennepin County.
One concern is what the Recorder and Registrar will accept for recording regard-
ing Conditional Use Permits and Variances. The County Recorder will accept
certified copies of either of the aforementioned documents and the Registrar will
accept only certified copies of the Conditional Use Permits. As a practical
matter for all concerned, we would like to see them recorded in the form of
certified copies of either a Resolution, or an ordinance, and be in the shortest
• form possible, preferably ane page consisting only of 1) the name of the person,
or persons, being granted t'he permit or variance, 2) the legal description of
the affected land, 3) an expiration date when applicable, and 4) the clerk's
certification. For Conditional Use Permits filed in the Torrens office, the
legal description ;must conform to that on the certificate of title. You may want
to reference a statute number and include a sentence directing anyone examining
title to the location of the actual permit, or variance, and any :naps or draw—
ings, acccmpanving it.
Our offices will accept only those permits, or variances, which have been granted
by the municipality, NOT those which have been denied. The TorTens office does
not anticipate the need to receive the owner's duplicate certificate of title.
Regarding filing fees, we believe that the variance, or permit, benefits the party
to whom it was granted and not the municipality, so would NOT be eligible for re-
cording without payment of fees under M.S. 386. 77 which requires that the instru-
ment by its terms be for the benefit of the subdivision and that it be presented
for recording by the same.
Please feel free to contact either Bob Baker at 348-3050, or Jan Witkowski at
348-3070 if you wish to discuss any of the above issues, or offer suggestions.
We hope this gives you a basis from which you can prepare your documents.
RDC:hm
HENNEPIN COUNTY
an equal opportunity employer
.. t0 1
7736 7757 HOUSING. REDEVELOPMENT. PLANNING. ZONING "U57
'I pian or adoption. Subject to the requirements of subdivisions 3. 4 and 5. the governing
=opy filed body may adopt and amend a zoning ordinance by a two-thirds vote of all its
:Vithin the members.
:10%'ement Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall
:iny other be adopted until a public hearing has been held thereon by the planning agency or
after the by the governing body. A notice of the time. place and purpose of the hearing
:.r capital shall be published in the official newspaper of the municipality at least ten days
-r special prior to the day of the hearing. When an amendment involves chances in district
'`npliance boundaries affecting an area of five acres or less. a similar notice shall be mailed
ehensive it least ten days before the day of the hearing to each owner of affected property
'i1 within 2nd property situated wholly or partly within 350 feet of the property to which the
,.d by the amendment relates. For the purpose of giving mailed notice. the person responsi-
of chi. ble for mailing the notice may use any appropriate records to determine the names
!rds vote and addresses of owners. � copy of the notice and a list of the owners and
it find, addresses to which the notice was sent shall be attested to by the responsible
ovement person and shall be made a part of the records of the proceedings. The failure to
give mailed notice to individual property o%%ners. or defects in the notice shall not
invalidate the proceedings. pro%ided a bona fide attempt to comply with this
subdivision has been made.
Subd. 4. amendments. An amendment to a zoning ordinance may be
':ins the initiated by the governing body. the planning agency, or b�,- petition of affected
dinancc property owners as defined in the zoning ordinance. An amendment not initiated
storic,. by the planning agency shall be referred to the planning a=ency. if there is one. for
may he study and report and may not be acted upon by the voyerning body until it has
-ltion of received the recommendation of the planning agency on the proposed amendment
id e. or until 60 days have elapsed from the date of reference of the amendment without
:r a report by the planning agency.
suprlSubd. 5. Amendment; certain cities-of the first class. The provisions of this
Xec� t.' subdivision apple to cities of the first class. In such cities amendments to a zoning
contr.'i ordinance shall be made in conformance with this section but only after there shall
:-Li:I have been filed to the office of the city clerk a wri-en consent of the owners of
ned in too-thirds of the several descriptions of real estate situate within 100 feet of the
_e "I:". total contiguous descriptions of real estate held by the same owner or any party
nul,_.tt- purchasing any such contiguous property within one year preceding the request.
'`' intoand after the affirmative vote in favor thereof b-,- a majority of the members of the
iall he governing bode of any such city. The eovernin2 body of such city may. by a
two-thirds vote of its members. after hearing. adopt a new zoning ordinance
d;t,Frr without such wrluen consent whenever the planning commission or planning
'tall �e board of such city shall have made a survey of the whole area of the city or of an
'aa` h% area of not less than 40 acres. within which the new ordinance or the amendments
.orat:d or alterations of the existing ordinance would take effect when adopted, and shall
:gun!` have considered whether the number of descriptions of real estate affected by such
more chances and alterations renders the obtaining of such written consent impractical.
ash .` and such planning commission or planning board shall report in writing as to
whether in its opinion the proposals of the governing body iii any case are
:f ares reasonably related to the overall needs of the community, to existing land use. or
to a plan for future land use. and shall have conducted a public hearing on such
prOposed ordinance. changes or alterations. of which hearing published notice
shall have been given in a daily newspaper of general circulation at least once each
week for three successive weeks prior to such hearing. which notice shall state the
time. place and purpose of such hearing. and shall have reported to the governing
body of the city its findings and recommendations in writing.
Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
'IN adjustments may be taken by any affected person upon compliance with any
CITY OF ST. ANTHONY
• COUNCIL MINUTES
February 8 , 1983
Mayor Sundland opened the meeting with the Pledge of Allegiance at
8 : 30 P.M. , following the meeting of the Housing and Redevelopment
Authority.
Present for roll call : Marks , Ranallo, Sundland, Letourneau, and
Enrooth.
Also present: David Childs , City Manager; William Soth, City Attorney;
and Don Hickerson, Chief of Police.
Motion by Councilman Marks and seconded by Councilman Ranallo to approve
as submitted the minutes of the special Council meeting held January
25, 1983.
Motion carried unanimously.
The following changes in the minutes of the regular Council meeting
held January 25th were requested by Councilman Ranallo :
Page 2 , para. 7 : The last two sentences were rewritten to read
"Councilman Ranallo stated this was the same pro-
cedure followed in the past. Councilman Enrooth
indicated he believes he should have been advised
as much before the interviews were conducted" .
Page 2 , para. 8 : Insert "Councilman Ranallo asked what" before
"The strategy . . . " in the first line and substitute
"was planned" for "was discussed" in the fourth line .
Motion by Councilman Enrooth and seconded by Councilman� Letourneau
to approve as amended the minutes of the Council meeting held January
25 , 1983 .
Motion carried unanimously.
Motion by Councilman Ranallo and seconded by Councilman Piarks to grant
all licenses listed in the February 8 , 1983 Council agenda.
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Ranallo to approve
payment of all verified claims for December 31 , 1982 and February
8 , 1983, as listed in the February 8 , 1983 Council agenda.
Motion, carried unanimously.
f
Motion by Councilman Marks and seconded by Councilman Letourneau to
• approve payment of $2 , 115 .91 to Short-Elliott-Hendrickson, Inc. for
construction services on the St. Anthony Boulevard Bridge project.
-2-
Motion carried unanimously.
Motion by Councilman Enrooth and seconded by Councilman Marks to
approve payment of $205 . 54 to Short-Elliott-Hendrickson, Inc. for
extra services for revisions to the- plan for the entrance closures at
Sunset Memorial Cemetery with the St. Anthony Boulevard Bridge pro-
ject, for which the City would be reimbursed by the cemetery association.
Motion carried unanimously.
Mr. Childs pointed out that the .costs for pulling Well '#3 pump ran
less than estimated.
Motion by Councilman Marks and seconded by Councilman Ranallo to
approve payment of $825 to Bergerson-Caswell, Inc. for their services
on Well #3.
Motion carried unanimously.
Mayor Sundland reported he had a response from Congressman Sabo to his
request that the Congressman and Congressman Sikorski as well as
Senators Durenberger and Boschwitz accompany City officials when they
meet with HUD officials in Washington, D.C. to lobby for the funding
for the City ' s senior housing and the Congressman ' s staff had agreed
to coordinate the meeting with the City ' s other congressmen and HUD
officials during the time the City officials would be in Washington
• for the National Conference of Cities , March 4-9 , 1983.
Councilman Ranallo reported he has attended or is aware of several
presentations of commendations for outstanding performance to police-
men and firemen in other municipalities and would suggest a similar
program of recognition be set up in St. Anthony . He said the pre-
sentation in Golden Valley had been subsidized by Paco and he believes
some community organization might be interested in picking up the
costs , which are minimal , in 'the City .
Councilman Marks discussed his recent participation in the training
sessions for newly elected municipal officials where he had conducted
the seminars on land use and planning issues . He distributed some
of the literature given out at these conferences which the Council
might find helpful .
Chief Hickerson reported his department ' s Annual Report for 1982 as
reflected in the summaries included in the Council agenda. Some type
of crimes have gone down but others such as forgeries and fraud have
r increased, according to the Chief . He pointed out that there had been
no forced entry involved in a large number of the residential home and
garage burglaries which occurred in 1983 and his department is empha-
sizing this point as well as the number of burglaries there have been
in their own neighborhood to the residents who attend the meetings
where the Crime Watch program is established. The Chief told the
• Council his department had been involved in several successful sting
{ operations in other cities , but he .added that the surveillance, which
- is necessary, is very costly . Traffv-..c tags are down, but the Chief
-3-
assumed
3-
assumed this was because residential patrolling has been increased.
Problems the City has with juvenile offenders who are picked up from
16 to 20 times without being sentenced and the sentencing guidelines
were explored and the Police Chief concluded his report by telling the
high percentages of cases which are successfully cleared by the City
force. The Mayor told him the Council appreciates the tough job he
and his department have .
The Finance Director ' s February investment report, the Public Works
Director' s status report on Well #3, and the February lst staff notes
were noted and ordered filed.
Since up to three of the Council could be in Washington P4arch 8th
and there would be less than a quorum present for the Council meet-
ing scheduled that evening, it was agreed the meeting should, be moved
up a week.
Motion by Councilman Marls and seconded by Mayor Sundland to reschedule
the March 8 , 1983 Council meeting to 7 : 30 P.M. , March 1 , 1983.
Motion carried unanimously .
No feasible alternative for providing animal control services had
been found and Chief Hickerson had recommended MAPSI be retained for
another year.
• Motion by Councilman Ranallo and seconded by Councilman Marks to
adopt Resolution 83-018 .
RESOLUTION 83-018
A RESOLUTION AUTHORIZI14G THE MAYOR AND
CITY MANAGER TO EXECUTE THE CONTRACT
WITH MAPSI , INC .
Motion carried unanimously .
Motion by Councilman Marks and seconded by Councilman Enrooth to adopt
Resolution 83-019 .
RESOLUTION 83-019
A RESOLUTION ACCEPTING THE PROPOSAL
FROM SHORT-ELLIOTT-HENDRICKSON , INC.
FOR ADMINISTRATION AND MAINTENANCE OF
CITY 'S 1983 MSA FU14DS
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Letourneau to
adopt Resolution 83-020, as recommended by the Chief of Police.
• RESOLUTION 83-020
A RESOLUTION AUTHORIZING PARTICIPATION
IN THE MINNESOTA .POLICE RECRUITMENT SYSTEM
Motion carried unanimously.
-4-
The Manager and Police Chief discussed the problems with continuity in
• the prosecution area, which the Police Department experiences with the
Dorsey Firm' s practice of using young attorneys for the City pro-
secutions to give them Court experience. Chief Hickerson confirmed
that there had been instances where the attorneys handling the City 's
prosecutions had failed to comply with the 36 hour rule for charging
prisoners and those prisoners had been released and failed to reappear
when the case was reinstated, which in turn, resulted in the additional
administrative costs to the City of getting the offenders back to
Court. Th Chief told Councilman Ranallo the complaint is not that
there have been so many cases lost, but rather it is the amount of time
involved in administration which frustrates the City police . They
have not, however, reported having too much trouble with plea bar-
gaining, he said. Two local legal firms had actively sought the
opportunity to submit proposals for the City ' s prosecution work and
one of these firms , Johnson & Doran, 4111 Central Avenue N.E. , was
represented by Bernard Johnson and James Doran at the meeting . Council-
man Marks commented that, even though the fees to be charged by the
Dorsey Firm and these firms would be equal , he believes the Council
should also taken into the account the extra cost of administration
with the existing system, when a decision is made as to which firm
would perform the prosecution duties for the City .
Councilman Ranallo questioned why. this matter had come before the
Council "all of a sudden" , and why only two local firms had been
requested to submit proposals when there are so many other law firms
• represented by City residents . He would like to have letters sent to
all such attorneys inviting them to submit proposals and the same
selection procedure followed as the City uses in selecting a financial
consultant. The Councilman indicated he did not perceive he had
enough information to make a decision that evening .
Mr . Childs responded that he had followed the procedure that staff
has historically used in selecting names of engineering firms for
Council consideration and said that if that policy should* be changed,
some discussion is necessary to clarify the Council ' s desires about
the process . The Manager indicated he doesn ' t perceive a strong dis-
approval of the Dorsey ' s handling of the prosecution work , but rather
a desire to obtain more consistent service for the same costs . Mayor
Sundland indicated he believes trying to make a decision based only on
pricing fees could be a "real headache" for the Council.
Councilman Enrooth indicated he would not favor expending so much money
on the type of mailing which had been suggested since many attorneys
would not be interested in the prosecution work anyway . He sees the
Council trying to equate dollars with professional expertise and
questioned why attorneys should be singled out from other professionals
for special treatment. Mr. Soth agreed prosecution work is very
specialized and that many attorneys don't care for it at all . lie
said the trainees in his firm like that work because it gives them
court experience.
• The Mayor indicated he could see no harm in deferring the appointment
to a later Council meeting and in the meantime, to publicize in the .
Bulletin that the City is- selecting a firm to do the prosecution work
l.^ _J
-5-
and will be accepting proposals for that service. Mr. Soth commented
that the inquiries could be solicited but the Council could follow its
practice of getting back to only those in whom the City would be
interested.
Chief Hickerson indicated many of the cases involved DWI offenses
which are now considered gross misdemeanors . Mr. Johnson explained
the legislature had recently turned some of those cases which had
been previously prosecuted by the counties over to the city attorneys ,
excluding felonies. Selection of the City ' s Prosecuting Attorney was
scheduled for a work session at 6 : 30 P .M. , March 1 , 1983, prior to the
Council meeting to be held that evening.
In his February 8th memorandum, Mr. Childs had reported several cosmetic
and grammatical changes recommended by the City Attorney had been made
in the new Sign Ordinance, which was to be given its first reading
that evening. He had also attached a listing of specific deletions ,
additions and changes in wording which Mr. Soth recommends for the
ordinance . These were discussed and accepted by the Council and they
set a fee of $25 . 00 to defray administrative costs to be charged for
a sign ordinance variance . It was agreed that the notice provisions
for the new variance laws should be included in the ordinance as
recommended by the City Attorney.
Motion by Councilman Ranallo and seconded by Councilman Marks to
approve the first reading of Ordinance 1983-001 with modifications
• recommended by the City Attorney.
ORDINANCE 1983-001
AN ORDINANCE RELATII4G TO SIGNS ; AMENDING
SECTION 430 OF THE 1973 CODE OF .ORDINANCES
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Letourneau to
approve the second reading of Ordinance 1983-002 .
ORDINANCE 1983-002
AN ORDINANCE RELATING TO
PLANNINGCOMMISSION MEMBERSHIP;
AMENDING SECTIONS 224 : 05 AND 225 : 10
OF THE 1973 CODE OF ORDINANCES
Motion carried unanimously .
Motion by Councilman Enrooth and seconded by Councilman Letourneau to
adjourn the meeting at 10 : 00 P.M.
Motion carried unanimously.
Respectfully submitted,
• Helen Crowe , Secretary
ATTEST:
City Clerk
Mayor
CITY OF ST. A14THONY
HOUSING AND REDEVELOPMENT AUTHORITY
• MINUTES
February 8 , 1983
The meeting was called to order at 6 : 00 P.M. by Chairman Sundland.
Present for roll call : Sundland, Vice Chairman Letourneau, Secretary/
Treasurer Marks , and Commissioners Enrooth
and Ranallo.
Also present : David Childs , Executive Director; William Soth, Attorney;
and Richard Frier, Westwood Planning & Engineering Co. ,
Planning Consultant. '
Motion by Secretary Treasurer Marks and seconded by Commissioner
Enrooth to approve as submitted the minutes for the Housing and Rede-
velopment Authority meeting held January 25 , 1983 .
Motion carried unanimously .
The Chairman read a prepared statement in which he explained the purpose
of the meeting was to conduct interviews and question the two developers
who had submitted proposals for. the Kenzie Terrace Redevelopment Pro-
ject in conformance with the procedures which had been established at
the -H. R.A. meeting held January 25th. He emphasized that there would
• be no comments or questions permitted from the floor, not because such
input would not be valued by the H. R.A. , but in the interest of main-
taining as high degree of fairness for each proposal as possible .
Instead, Chairman Sundland requested that any questions or concerns
about the proposals should be submitted in writing to Cor. Childs prior
to February 11th when the H. R.A. and staff would be reviewing and
evaluating the proposals .
Former Mayor Sally Haik and a number of Planning Commission and Task
Force members were among those residents who were in attendance. The
Chairman gave the background history of the redevelopment project and
acknowledged the Commission and Task Force involvement in the project
planning process . He then advised those present that the H.R.A intends
to make a tentative selection of a developer and a plan for the project
during its meeting February 22 , 1983, and following that decision there
would be a 90 day period prior to the signing of contract with the
developer in which the fine points of that contract would be negotiated
with that developer and during which it is anticipated that both the
Planning Commission and Task Force would be heavily involved.
At 6 : 05 P.M. , Mr. John Curry, President of the Knutson Construction
Company, opened the presentation of his firm' s proposal for the re-
development project by introducing the members of the team which would
be involved in the project. These included Tony Vavoulis , project
manager; Bruce Knutson, architect, and Art Peel, who would be responsible
for the financing. Included in the presentation were discussions of
• the firm' s previous experience with housing projects of the same type
as proposed for the Kenzie Terrace area, the reasons the developers
-2-
consider the project could be successfully undertaken and the mix of
market rate and subsidized senior housing , which would be included in
the 400 to '425 units the Knutson Company proposes to develop in three
stages , starting with the 125 units to be built in the next building
season on the north side of the Kenzie Terrace site.
The formal presentation was completed at 6 : 30 P .M. and at that time the
developer was presented with a written list of questions about their
proposal which they responded to until 6 : 54 P.M. , at which time the
meeting was recessed.
The presentation and responses to the questions were taped and trans-
cribed for permanent record as was the interview and questioning of the
second firm whose presentation was given at 7 :15 P.M. , following the
recess .
When the meeting was resumed at 7 :15 P.M. , the Chairman read the same
prepared statement which had preceded the Knutson presentation and at
7 : 20 P.M. , the second team of developerspresented their proposal for
the redevelopment project.
Stephen Yurick of the Arkell Development Company told the H .R.A. mem-
bers his firm would enter into a joint venture with Kraus-Anderson ,
Rothschild Financial Corporation, and Saunders-Thalden & Associates ,
Inc. , architects , to develop approximately 495 market rate and sub-
sidized senior housing units in the Kenzie Terrace area in three stages ,
the first of which would be 135 units of market rate housing to be
• constructed within a year on the northern project site .
Mr. Yurick introduced the representatives of the other team firms who
were in attendance , including Gary Tushie of Saunders-Thalden; Gary
Gustafson and Rich Kirschberg of Rothschild; and Jack Sleddin , Dan
Egglesma and Vince Kaufman of Kraus-Anderson. They joined in with the
developer in discussing the various facets of their proposal and when
the formal presentation was completed at 7 : 50 P .M. , joined with Mr.
Yurick in responding to a list of questions which covered the II. R.A. ' s
concerns about the financing options , should 202 funding not be .
available for the second phase; their reaction to the Developers Con-
tract; their ability to develop the entire project and whether or not
they foresaw difficulties in meeting the design guidelines set down
for the project.
The question period ended at 8 : 10 P.M. , at which time the meeting was
recessed until 3 : 29 P.M.
Motion by Commissioner Ranallo and seconded by Commissioner Enrooth to
adjourn the Housing and Redevelopment Authority at 8 : 30 P .M.
Motion carried unanimously .
Respectfully submitted,
Helen Crowe, Secretary
CITY OF ST. ANTHONY
COUNCIL MINUTES
February 22, 1983
Mayor Sundland opened the meeting with the Pledge of Allegiance at
7: 30 P.M.
Present for roll call: Enrooth, Letourneau, Sundland, Ranallo, and
Marks.
Also present: David Childs , City Manager; and William Soth, City
Attorney.
Motion by Councilman Letourneau and seconded by Councilman Marks to
approve as submitted the minutes for the February 8, 1983 Council
meeting.
Motion carried unanimously.
The Manager requested the application for amusement devices permits
for the St. Anthony Fun Center be taken from the Council agenda list-
ing to be placed on the March lst agenda.
Motion by Councilman Marks and seconded by Councilman Enrooth to
grant the licenses listed in the February 22nd Council agenda as
follows :
• A club on-sale liquor license - St. Anthony American Legion Post #513
Service station license - Don' s Apache Auto Wash; St. Anthony Standard;
and Dick ' s Standard
Cigarette license - Smoking Section of Apache Plaza Mall
Rubbish removal license - Keith Krupenny & Son Disposal and Walter ' s
Disposal .
Motion carried unanimously .
Motion by Councilman Marks and seconded by Mayor Sundland to approve
payment of all verified claims for January 31 , 1983 as listed in the
February 22 , 1983 Council agenda.
Motion carried unanimously . `
Mr. Childs reiterated the point made by the Finance Director in her
February 14th memorandum that the 1983 payment to the City ' s Fire
. Relief Association would be well below the amount budgeted this year.
Motion by Councilman Ranallo and seconded by Councilman Letourneau to
approve payment of $5 ,463 for the City 's contribution to the St.
Anthony Fire Relief Association.
Motion carried unanimously.
• Motion by Councilman Marks and seconded by Councilman Enrooth to
approve payments of $3 , 617 and $2 ,172 to Dorsey and Whitney for legal
services during November and December, 1982:ti
Motion carried unanimously.
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Motion by Councilman Marks and seconded by Councilman Ranallo to accept
the low bid of $8,265 from Southdale Ford for a new squad car for the
SPolice Department and to approve payment of that amount to that firm.
Motion carried unanimously.
Councilman Ranallo reported he has participated in preparations for
the annual meeting of the League of Minnesota Cities in Bloomington,
June 15, 16 and 17 and that Mr. Childs and Fire Chief Entner would be
invited to make a presentation on the City' s successful combination
of full time and reserve fire fighters which other communities have not
been able to do up to now.
Councilman Marks reported taking the CPR training course offered by
the City Fire Department and complimented Rick Pfeiffer on the com-
petent manner in which the course was presented. He indicated the
Fire Department should be commended for providing such valuable train-
ing for the community.
The January Fire Department report and the City ' s financial summary for
the same month were considered and filed as informational along with
the minutes for the February 3rd meeting of the St. Anthony Chemical
Abuse Information Committee . In commenting on the latter , the Mayor
said he was impressed with the number of programs the Committee had
undertaken and, Councilman Marks observed there had to be a great
deal of support from outside sources considering the fact that the
Commission would be seeking a contribution of $1 , 400 from the Council
• for these endeavors this year, which was less than their proposed
total expenditures .
Doug Jones reported the Planning Commission minutes for February 15th
and was joined in the discussion of actions taken and recommendations
to the Council made during that meeting by Commission Chair Makowske
and Commissioner Wagner, who were also in attendance . Mr. Childs told
them the definition of sign surface area had been expanded as they
recommended in Ordinance 1983-001 , which would be given its second
reading that evening and the definition of gas stations had also been
rewritten by the City Attorney for consideration that evening . He
also indicated he perceives the Commission amending individual term
lengths would not be considered essential for the passage that evening
of Ordinance 1983-002 since the ordinance does not individually identify
Commissioners by name .
Mr. Jones reiterated the Commission' s request that they be significantly
involved in the negotiations of a final proposal for the Kenzie Terrace
Redevelopment Project and said he perceives the Commission members
would not consider it inappropriate to have special meetings scheduled
for that purpose. The Mayor told him whichever developer is selected
by the H.R.A. that evening would be requested to present the project
proposal at a joint meeting of the Commission, the Kenzie Terrace Task
Force, and school district and it would be that at this meeting, input
would be sought by the H.R.A. He anticipates this meeting would be
• scheduled as soon as possible and well before the H.R.A. enters into a
final contract for the project. The three Commission members remained
for the H.R.A. meeting which followed immediately after the Council
meeting.
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A copy of the February 11th letter from the Director of the Housing
Division of the Metropolitan Council agreeing to prepare a housing
bond plan for the City at no charge had been included in the agenda
packet. The Council concurred with Mr. Childs ' statement that the
City should be indebted to Dick Krier for becoming the first, and possibly
the only, recipient of this free service.
The Manager reported the Metropolitan Pollution Control Agency had made
an application for federal super fund monies to aid the five cities
in the Rice Creek Watershed District in solving their water contamina-
tion problems . He said it was his understanding New Brighton would
be provided carbon filters (or water) during the time they are digging
new wells and funds would be available to the cities to identify the
source of contamination so that action could be taken regarding the
problem.
Mr. Childs indicated he and his staff would be taking the CPR course
the afternoon of March 8th and invited any Council members who cared
to participate to come as well . He had distributed copies of two
pieces of legislation related to local government aid which are up for
consideration, pointing out that, under the Voss bill, the City ' s aid
would be cut out completely and under the Perpich proposal , would be
decreased from $250 , 000 to $218 ,000 . Mayor Sundland anticipates the
Voss bill would have little chance of passage .
Regarding the proposed sign ordinance , the Public Works Director had
requested all temporary signs , including political , should be taken
• down within three days , according to Por. Childs , who offered changes
in wording for several subdivisions of the proposed sign ordinance to
accomplish this . Councilman Marks indicated he perceives it might be
difficult for a campaigner to get all those signs down in less than five
days and said he preferred that the ordinance not be amended in this
regard.
Motion by Mayor Sundland and seconded by Councilman Letourneau to
accept the changes in the wording of Subdivisions 1 and 10 in Section
430 : 35 of Ordinance 1983-001 recommended by the City Manager.
Voting on the motion:
Aye: Sundland , Letourneau, Ranallo and Enrooth.
Nay : Marks .
Motion carried.
Motion by Councilman Ranallo 'and seconded by Councilman Enrooth to approve
the second reading of the proposed Sign Ordinance with modifications
by staff.
ORDINANCE 1983-001
AN ORDINANCE RELATING TO SIGNS; AMENDING
SECTION 430 OF THE 1973 CODE OF ORDINANCES
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Voting
4-Voting on the motion:
iAye: Ranallo, Enrooth, Sundland, and Letourneau.
Nay: Marks .
Motion carried.
Motion by Councilman Marks and seconded by Councilman Letourneau to
approve the third reading and adopt Ordinance 1983-002 .
ORDINANCE 1983-002
AN ORDINANCE RELATING TO
PLANNING COMMISSION MEMBERSHIP;
AMENDING THE SECTIONS 224 :05 AND 225 : 10
OF THE 1973 CODE OF ORDINANCES
Motion carried unanimously.
Motion by Councilman Ranallo and seconded by Councilman Enrooth to
adjourn the meeting at 8: 00 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe , Secretary
Mayor
ATTEST :
City Clerk
•
J' _
• CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY MINUTES
February 22 , 1983
The meeting was called to order at 8 :13 P.M. by Chairman Sundland.
Present for roll call: Sundland, Vice Chairman Letourneau, Secretary/
Treasurer Marks , and Commissioners Enrooth and
Ranallo.
Also present: David Childs , Executive Director; William Soth, Attorney;
and Richard Krier, Westwood Planning & Engineering
Co. , Planning Consultant.
Motion by Secretary/Treasurer Marks and seconded by Commissioner Ranallo
to approve as submitted the minutes of the H.R.A. meeting held
February 8, 1983.
Motion carried unanimously.
Mr. Krier read the statement which had been distributed to the H.R.A.
members in which -he reported the review and evaluation, of the two
proposals which had been made to develop the Kenzie Terrace Redevelop-
ment Project and recommended the H.R.A. begin negotiating with the
Arkell group comprised of the Arkell Development Co. , Kraus Anderson ,
Rothchild Financial Corporation and Saunders-Thalden & Associates,
Inc. towards a final contract to develop 135 housing units on the
northern and 361 housing units on the southern sites of the project
area for the reasons he had documented in his statement. The Planning
Consultant had also distributed copies of the two proposed resolutions
by which the Arkell group could be designated as the tentative
developers of the project, which the Mayor read aloud.
Arkell, with several other members of the development team were
present and he confirmed that his firm' s ability to put up the $400 ,000
Letter of Credit could be substantiated through the banks .
The Secretary-Treasurer indicated he perceives the selection of the
Arkell group would provide the City with the greatest chance of com-
pleting the project with the least risk to the City.
Motion by Secretary/Treasurer Marks and seconded by Commissioner
Enrooth to adopt H. R.A. Resolution 83-001.
H.R.A. RESOLUTION 83-001
A RESOLUTION DESIGNATING ARKELL DEVELOPMENT CORPORATION
AND KRAUS ANDERSON CONSTRUCTION CO. AS TENTATIVE DEVEL-
OPERS FOR THE KENZIE TERRACE REDEVELOPMENT PROJECT
• FOR THE CITY OF ST. ANTHONY
Motion carried unanimously.
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Motion by Secretary/Treasurer Marks and seconded by Commissioner
Ranallo to adopt H.R.A. Resolution 83-002 which scheduled the sale of
the Kenzie Terrace Redevelopment Project property at a public hearing
before the Housing and Redevelopment Authority on March 22 , 1983 .
H .R.A. RESOLUTION 83-002
A RESOLUTION SETTING DATE FOR A PUBLIC HEARING
FOR SALE OF PROPERTY WITHIN THE KENZIE TERRACE
REDEVELOPMENT PROJECT AREA
Motion carried unanimously .
Mr. Arkell indicated his group had seen the resolutions and , to a
limited degree, were in agreement with the provisions . He thanked the
H.R.A. for selecting his firm to develop the project and indicated he
perceives Steve Yurick, who has been espousing this project for two
years , must have been very disappointed not to be able to be in
attendance that evening.
The Chairman reiterated for the benefit of the three Planning Com-
mission members , Doug Jones , Judy Makowske , and George Wagner, who
were present, that there would be a presentation of the proposal by
the developers before the Planning Commission, Kenzie Terrace Task
Force and school district officials which he urged H .R.A. members to
attend and discuss the concerns and comments from representatives of
• those groups related to the proposal. The Secretary/Treasurer acknow-
ledged the part the Commission and Task Force had played in bringing
the project to the step in the procedure which had been taken that
evening.
Motion by Vice Chairman Letourneau and seconded by Commissioner
Enrooth to adjourn the meeting at 8 : 35 P .M.
Motion carried unanimously.
Respectfully submitted ,
Helen Crowe , Secretary
•
A
CITY OF ST. ANTHONY
• COUNCIL MINUTES
March 1 , 1983
Mayor Sundland opened the meeting with the Pledge of Allegiance at
7: 30 P.M.
Present for roll call : Enrooth, Letourneau, Sundland, Ranallo, and
Marks .
Also present: David Childs, City Manager; Carol Johnson, Finance
Director; Larry Hamer, Public Works Director; Don
Hickerson, Police Chief; and Lee Entner, Fire Chief .
Councilman Marks requested the name of I:en Fredricks to be added to
that of Rick Pfeiffer on Page 2 , paragraph 4 of the Council' s Febru-
ary 22nd minutes.
Motion by Councilman Marks and seconded by Councilman Ranallo to
approve as amended the minutes for the Council meeting held February
22 , 1983.
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Enrooth to grant
a heating license to Klamm Mechanical Contractors , Inc; cigarette
licenses to St. Anthony Legion Post #513 and to Country Club Market,
Inc. , as well as a retail 3. 2 off sale beer license to Country Club
Market, Inc. , as listed in the March 1, 1983 Council agenda.
Motion carried unanimously.
In reference to the application for amusement devices licenses for 4
pinball and '26 video games for the St. Anthony Fun Center, Chief
Hickerson confirmed that his department had recorded only eight calls
or complaints for which offense reports were written at the Center in
the past three years and ten months the establishment had been in
operation. Mayor Sundland noted this included the period of about a
year in which the Council had directed the Police Department to monitor
and report back all such calls or complaints for any of t:ze City 's
entertainment establishments.
Before the vote on the licenses had been taken, Dennis M. Carlstrom,
1936 Pierce Street N.E. , rose to register a complaint against the
treatment he alleged his 17 year old brother had recently .received at
the Fun Center. Fie told . the Council his brother had retained a swollen
elbow when "Mr. Fey had hit him with a cane after grabbing him around
the throat from behind" , and forcibly removing him from the premises ,
telling the youth to "run as fast as you can" .
Mr. Carlstrom acknowledged that his brother had been drinking and that
he himself had not witnessed the incident, but said he believes Mr. Fey
• should have called the police to handle the problem and that such violent
rr�
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measures against a juvenile were not justified. The complaintant
• further reported going to the Fun Center the next day to talk to
Mr. Fey where he said, the Center owner had told him his brother was
very intoxicated and that Mr. Fey had witnessed an exchange of money
between him and another customer and -believed the brother "belonged
over at Chick' s Billiards where he (Mr. Fey) wouldn' t have to deal
with him" . Mr. Carlstrom affirmed that a civil complaint had been
filed and the matter was under investigation but said he was present
that evening to give visibility to what he perceives was unnecessary
violence on the part of the Fun Center owner which should not be
sanctioned by the City.
Mayor Sundland thanked Mr. Carlstrom for bringing the matter before
the Council saying this was the type of input the Council was seeking
when it set up a monitoring system for entertainment establishments.
However, he indicated he perceives the current issue would probably
be resolved in a civil court and the past history of only an average
of two calls or complaints about this operation a year would hardly
justify denying Mr. Fey' s application for licenses at this time.
The Mayor added that he is certain the Fun Center proprietor understands
that too many reports of this type could result in the Council's taking
a close look before renewing those licenses another time. There was
general agreement that the monitoring program should be continued.
Motion by Councilman Enrooth and seconded by Councilman Marks to
approve the amusement licenses listed in the March 1, 1983 Council
agenda. for the St. Anthony Fun Center at 2907 Pentagon Drive.
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Ranallo to
approve payment of all verified claims listed for March 1, 1983 in
the Council agenda for the same date.
Motion carried unanimously.
The Mayor reported and when he and Councilman Marks meet with Stu
Davis , Assistant Deputy for Multi-Housing for HUD in Washington , D.C. , .
they would be accompanied by administrative staff from Congressmen
Sabo; Sikorski and Vento and Senator Durenburger and Boschwitz'
offices who would lobby the HUD officials for 202 funding for the pro-
posed senior housing in St. Anthony. He said the arrangements had been
made by Congressman Sabo who had talked to the HUD officials in advance
of the meeting since .he would be in Houston the day of the meeting .
The information to be provided by Mr. Krier would be delivered to the
Mayor' s office in advance of their departure for .Washington, Payor
Sundland told Councilman Marks.
The Mayor complimented Carol Johnson on her management of the City ' s
investments as reflected in the annual report she had submitted.
Chief Entner was also commended for the comprehensive report he had
-prepared on the Fire Department's activities during 1982 . Councilman
• Marks noted the decline in fire calls and arson cases which the Chief
had indicated was common for the entire metropolitan area and which
v
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he attributed to a heightened awareness of fire safety by the public.
Mr. Childs added that Chief Entner had failed to report that the Chief
had been the prime mover towards a joint purchasing venture with as
many as 30 metropolitan communities to purchase by volume with a
resultant cost savings for each municipality. Chief Entner said there
has been a great deal of interest demonstrated in this program but he
anticipates it would take at least five years to get a really effective
joint venture worked out. However, he said he is now talking to
Columbia Heights and six other communities about the joint purchase of
fire pumpers , which could result in a real savings for St. Anthony
in the meantime.
Councilman Ranallo told the Chief he would probably be invited to
explain the City's success in combining part time with full time fire-
fighters at the League of Cities convention in June and at that time
he would be afforded the opportunity of promoting the joint purchasing
venture before 100 or more municipal officials . The Fire Chief
indicated he would be able to make the presentation June 15th .
The Manager reported he and Mr. Soth and Mr. Krier would be meeting
with the redeveloper the next day to commence negotiations for the
Kenzie Terrace Redevelopment Project. He then reported an annual
liquor net of $440, 000 for the City in 1982 , which, although lower
than 1981, would probably keep the City in first place among Minnesota
communities again this year.
The February 23rd staff notes were acknowledged and ordered filed.
A copy of the Memorandum of Understanding with Columbia Heights for
engineering services from that city and the proposed resolution which
would authorize the execution of the agreement had been included in
the agenda packet along with the '!tanager' s recommendation for
adoption. Mr. Hamer indicated he perceives the City would be utilizing
Columbia Heights ' labor and materials to a greater extent this year.
Motion by Councilman Ranallo and seconded by Councilman Letourn eau to
adopt Resolution 83-021 .
RESOLUTION 83-021
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF COLUMBIA
HEIGHTS AND THE CITY OF ST. ANTHONY FOR
SUPPLEMENTAL ENGINEERING SERVICES
Motion carried unanimously.
In his February 9th memorandum, the Public Works Director had outlined
the reasons he recommended the proposals from Short-Elliott-Hendrickson,
Inc. , to prepare plans and specifications for painting. the inside and
outside of the elevated water tank and replacing the waterline on
Stinson Boulevard between St. Anthony Boulevard and 30th Avenue N.E.
be . accepted and the projects undertaken as soon as the weather permits .
The cost of the tank painting job would run to about $18, 000 with
1 V
-4-
$1 ,200 to be paid to the engineering firm for specifications and
inspections, Mr. Hamer said, and, if the Public Works Department con-
structs the replacement line , the -cost of materials would be $15 ,000
with Short-Elliott-Hendrickson, Inc. charging $3,000 for developing
a plan which could be approved by the State Health Department. He
said Twin City Testing had indicated the tank should have been painted
on the inside two years ago and the outside would- need to be repainted
in another year or two. Regarding the Stinson watermain, he reported
that. there have been two major breaks between 29th Avenue and
St. Anthony Boulevard this spring.
Motion by Councilman Ranallo -and seconded by Councilman Enrooth to
authorize Short-Elliott-Hendrickson, Inc. to prepare specifications
for painting the inside and outside of the elevated water tank as
recommended by the Public Works Director.
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Letourneau to
accept the proposal from Short-Elliott-Hendrickson, Inc. to prepare
the plans for the waterline replacement on Stinson Boulevard between
St. Boulevard and 30th Avenue N.E. , as recommended by the Public Works
Director.
Motion carried unanimously.
• During the Council work session which preceded this meeting, Council
members had discussed at length the proposals from three law firms
to serve as the City' s Prosecuting Attorney. The three, all of whom
were either represented by City residents or had an office in
St. Anthony, were Johnson & Doran, 4111 Central Avenue N.E. ; Edward
J. Hance Law Offices , Ltd. , St. Anthony National Bank Building; and
Popham, Haik, Schnobrich, Kaufman & Doty, Ltd . , 4344 IDS Center .
Bernard Johnson of Johnson & Doty was the only representative present
that evening.
A system for rating the firms for selection was established. Council-
man Marks indicated he was not rating the firms on professionalism
but rather on their accessibility and the specific person who would
be handling the City ' s prosecutions . With that criteria in mind, he
rated the Johnson firm first, the Hance firm second, and the Haik
firm third.
Councilman Ranallo wanted the option of reappointing the Dorsey firm
to handle the prosecutions left open, but because that firm had not
submitted a proposal , ranked them fourth. The Councilman indicated
his first choice would be the larger firm, represented by Ray Haik, who
had assured the City they would provide quality control for at least
three years , naming one person to handle the City ' s prosecutions ,
with attorneys who are experienced in municipal prosecutions to fill
in for that person whenever necessary. He would rate the Johnson firm
second and the Hance firm third, because of the latter's lack of
prosecuting experience.
&a3-,or Sundland indicated he was considering accessibility for the
Pti'���_,. Department when he rated the Hance firm first but also based
5-
his decision on the fact that Mr. Hance had thirteen years experience
with prosecution law and procedures and had promised to closely super-
vise the case work of the prosecuting attorney he would retain to do
the City 's work. The Haik firm's distance from the City was the reason
the Mayor gave for rating that firm last. -
The Hance firm was rated first by Councilman Letourneau for the same
reasons cited by the .Mayor, with the Haik firm second, and Johnson
& Doran third.
Councilman Enrooth indicated he would also be interested in retaining
the firm which would be the most accessible to the Police Department
and said he was also very impressed with Mr. Hance's promise to provide
close supervision over any of the cases handled for the City because
he saw the attorney ' s trial experience as a plus . He rated the Haik
firm second and the Johnson firm third.
When the ratings were tabulated, the Hance firm was first with the
other two firms tied for second place.
Motion by Mayor Sundland and seconded by Councilman Enrooth to adopt
the resolution which designates Edward. J. Hance Law Offices , Ltd. as
prosecuting attorneys for the City of St. Anthony for the period
commencing May 1, 1983, and ending April 30 , 1984 , and to further direct
the City Manager to set up a procedure with the Dorsey firm whereby
there would be a reasonable transition and case disposal of existing
prosecutions.
RESOLUTION 83-022
A RESOLUTION DESIGNATING A PROSECUTING
ATTORNEY FOR THE CITY OF ST. ANTHONY
Voting on the motion:
Aye: Sundland, Enrooth, and Letourneau.
Nay : Marks and Ranallo.
Motion carried.
Mr. Childs indicated all changes which had been suggested for the new
Sign Ordinance had been made in the document included in the Council
agenda for its third reading for adoption.
Motion by Councilman Marks and- seconded by Councilman Ranallo to adopt
Ordinance 1983-001.
ORDINANCE 1983-001
AN 'ORDINANCE RELATING TO SIGNS; AMENDING
SECTION 430 OF THE 1973 CODE OF ORDINANCES
• Motion carried unanimously.
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Motion by Councilman Ranallo and seconded by Councilman Enrooth to
adjourn the meeting at 8 : 25 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk