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Folder: CC PACKETS 1990-1994
Document: CC PACKET 08111992
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CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
AUGUST 11, 1992
7:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF AUGUST 11, 1992 COUNCIL AGENDA.
IV. APPROVAL OF JULY 28, 1992 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. DORSEY & WHITNEY - $1,088.80.
B. HANCE & LEVAHN - $2,400.00.
C. BRAUN INTERTECH - $1,192.00.
D. CALGON CARBON CORPORATION - $85,380.00.
E. VERIFIEDS.
VII. REPORTS.
A. COUNCIL.
B. CITY MANAGER.
VIII. NEW BUSINESS.
A. PROPOSED ELECTION JUDGE LIST FOR THE STATE PRIMARY ELECTION.
B. ORDINANCE 1992-007, RE: STORM WATER UTILITY (1ST READING).
IX. UNFINISHED BUSINESS.
A. SOUTH END MORATORIUM EXTENSION.
B. ORDINANCE 1992-006, RE: SOLID WASTE (3RD READING).
is X. ADJOURNMENT.
1 CITY OF ST. ANTHONY
• 2 REGULAR COUNCIL MEETING
3 July 28, 1992
4
5
6 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
7
8 The meeting was called to order at 7:35 p.m. with the Pledge
9 of Allegiance led by Mayor Ranallo.
10
11 II. ROLL CALL
12
13 Council present: Mayor Ranallo and Councilmembers Enrooth,
14 Fleming and Wagner.
15
16 Councilmember Marks was absent .
17
18 Staff present: City Manager Burt and Management Assistant
19 Urbia.
20
21 III. APPROVAL OF AGENDA FOR JULY 28, 1992 COUNCIL MEETING
22
23 Motion by Enrooth, seconded by Wagner to accept the Council
24 agenda as presented with the following additions:
25
26 VII MAYOR' S REPORT
27 Bus Shelter Vandalism Discussion
• 28
29 CITY MANAGER'S REPORT
30 6 . Ching House
31 7. Vandalism in the Park
32
33 IX NEW BUSINESS
34 D. Safety Issue on Pahl Avenue by Thomas Hoban
35 E. Storm Water Drainage Utility Leaflet by Dennis
36 Cavanaugh
37
38 Motion carried unanimously.
39
40 IV. APPROVAL OF JULY 28, 1992 COUNCIL MINUTES
41
42 Motion by Fleming, seconded by Wagner to approve the minutes
43 for the July 14, 1992 Council meeting as presented with the
44 following modification:
45
46 Page 10, lines 13 & 14 : Substitute "of the sixty -nine
47 percent of the residences who
48 responded, sixty three percent
49 were supportive of the ordinance"
50 for the last sentence.
1 Regular Council Meeting
2 July 28, 1992 •
3 Page 2
4
5
6
7 Page 8, line 52: Add "the City ordinance is in
8 response to Minnesota Statute
9 114A. 941" .
10
11 Motion carried unanimously.
12
13 V. LICENSES/PERMITS/PETITIONS
14
15 Motion by Enrooth, seconded by Wagner to approve the following
16 licenses as presented in the July 28, 1992 agenda packet:
17
18 Contractors Licenses
19 J H & Company Construction, Maplewood, MN
20 Central Roofing company, Minneapolis, MN
21 Construction Mechanical Services, St. Paul, MN
22
23 Multiple Dwelling Licenses
24 Real Property Management for 13 units at 2938-3004 Old Highway
25 8
26
27 Motion carried unanimously.
28 •
29 VI. PRESENTATION OF CLAIMS
30
31 A. Barr Engineering
32
33 Motion by Wagner, seconded by Ranallo to approve the
34 payment of $300.00 to the Barr Engineering .Company for
35 engineering services on the proposed Storm Water Drainage
36 Utility Ordinance.
37
38 Motion carried unanimously.
39
40 B. Canada Goose Program
41
42 Motion by Fleming, seconded by Wagner to approve payment
43 of $334 . 00 to the Canada Goose Program as the City's
44 share of the $1,0.00 . 00 cost of removing and relocating'
45 45 geese from Silver Lake.
46
47 Motion carried unanimously.
•
1 Regular Council Meeting
2 July 28, 1992
3 Page 3
4
5
6
7 C. City of Roseville
8
9 Motion by Enrooth, seconded by Fleming to approve payment
10 of the City of Roseville invoice for $229,040.33 for
11 their administration of the reconstruction of Old Highway
12 8 noting that this amount covers the 10% which will be
13 withheld pending completion of this MSA funded .project.
14
15 Motion carried unanimously.
16
17 D. Verified Claims
18
19 Motion by Wagner, seconded by Ranallo to approve payment
20 of the three pages of verified claims in the July 28,
21 1992 agenda packet.
22
23 Motion carried unanimously.
24
25 VIII. REPORTS
26
27 A. Council Reports
• 28
29 Councilmember Wagner' s Report
30
31 The Councilmember commented that he perceived the Village
32 Fest the previous weekend had been a great success
33 Although he didn' t have the final tally, he said he
34 thought the returns would be better than last year' s .
35
36 Councilmember Fleming ' s Report
37
38 The Councilmember indicated she would be making her
39 report after the wrap-up meeting for which a final date
40 had not yet been agreed upon. She indicated she would be
41 notifying the rest of the Council as soon as she knows
42 that date.
43
44 Councilmember Fleming thought there might be some
45 interest in the report which had been given at the July
46 21st Chamber of Commerce meeting regarding one
47 perspective on the City' s legislative representatives.
48 This .had come from Mark Hardin, a guest of Dick Horst,
49 Manager of the St. Anthony Coast to Coast. Mr. Hardin
50 had told the Chamber members that when it came to
51 business. issues both the State Representative and Senator.
52 had zero voting records.
•
1 Regular Council Meeting
2 July 28, 1992
3 Page 4
4
5
6
7 Councilmember Enrooth' s Report
8
9 The Councilmember echoed the comments regarding the
10 success of the Village Fest saying the committee had been
11 thankful for both the good weather and the unicycle
12 riders ' parents who he perceived had "made Saturday
13 night" .
14
15 Mayor Ranallo' s Report
16
17 The Mayor reported he had just given an article to the
18 St. Anthony Bulletin which expressed his appreciation for
19 the efforts of all who had worked on the Fest. He said
20 he had written a special letter to the members of the
21 Police Reserves who had put in an estimated 122 hours
22 without pay. The Mayor indicated he would be hosting an
23 appreciation party for all the volunteers.
24
25 Bus Shelter Vandalism
26
27 The Mayor reported that Jeff Haedt, 2913 29th Avenue N.E.
28 had come in early that evening to talk to him about •
29 incidents he has witnessed over the years of vandalism to
30 the bus shelter on the corner of 29th and Silver Lake
31 Road. Mr. Haedt indicated he had owned his home for
32 eight years two of which it was rented out. During that
33 period the glass in the shelter -had been broken as least
34 as many times including being shot out -twice in July.
35 The Mayor indicated Mr. Urbia had reported the bus
36 company was not acknowledging that many incidents but had
37 said they would have someone out to repair the damage the
38 day he called them.
39
40 The Management Assistant told the Council the bus
41 shelters have always been prime targets for vandals . He
42 agreed to request the glass be replaced with plexiglass
43 from now on. Mr. Burt indicated that he hoped the fact
44 that the police had just caught some vandals shooting BB
45 pellets from sling shots, might alleviate the problem at
46 least for a while. Mr. Haedt said replacing the glass
47 with plexiglass and increasing police patrols in the area
48 might help.
1 ,Regular Council Meeting
• 2 July 28, . .1992
3 Page 5
4
5
6
7 B. City Manager Reports
8
9 1. Home Occupation and Neighborhood Safety on. Pahl
10
11 Mr. Burt suggested moving #6 under NEW BUSINESS up on the
12 agenda since the Pahl issue was related to problems with
13 home occupations which had really heated up this summer.
14 The Manager reported a resident had recently come into
15 the City offices to complain that the City had been
16 inconsistent in enforcement of the zoning restrictions
17 against running businesses out of homes. This resident
18 had brought with him a copy of the Yellow- Pages on which
19 had been highlighted at least 18 instances of where St.
20 Anthony businesses out of homes had been advertised with
21 City addresses. This document had been included in the
.22 Council agenda packet.
23
24 The Manager indicated it had been City .policy to allow
25 businesses where people drop off articles for repair but
26 not those which generate customer or employee traffic on
• 27 residential streets. Trade vehicles like Minnegasco s or
28 those driven by plumbers or electricians whose businesses
29 are identified on the sides of the vehicles which are
30 parked overnight as well as homes where stockbrokers,
31 lawyers, etc. do business by phone out of their homes are
32 not considered to be in violation of the City zoning
33 restrictions against "commercializing a residential
34 neighborhood" he said.
35
36 Mr. -Burt pointed to lawn mower businesses like the one to
37 be discussed that evening as a type of business with
38 which City staff works to try to get the activity removed
39 from the premises . However, he pointed out, there is no
40 City law in place to fall back on where the homeowner
41 brings home tools of his trade which neighbors object to
42 seeing parked on the property or the street.
43
44 While he was working on the recodification with the City
45 Attorney recently, Mr.. Burt reported asking his opinion
46 on permits for home occupations . Mr. Soth had indicated
47 he would rather not have the City get into such permits
48 which in essence, would be condoning home occupations
49 where problem instances are very few. Instead, the
50 Manager suggested the Council might want to refer the
51 issue back to the Planning Commission. He said in the
•
I Regular Council Meeting
2 July 28, 1992 •
3 Page 6
4
5
6
7 meantime staff could try to get samples of other
8 municipalities ' ordinances dealing with home occupations
9 and find out what their experiences with such ordinances
10 had been. Councilmember Enrooth indicated he would
11 rather have the results of such research before deciding
12 to send it for Planning Commission action.
13
14 Councilmember Fleming said her understanding of the
15 problems the neighbors were having with the mowing
16 business run out of 2.704 Pahl Avenue involved not only
17 bringing the equipment home but also maintaining it on
18 the property or in the alley. When Mr. Burt reported
19 working for three and a half months with the renters on
20 that property to get that equipment moved and said he
21 thought his efforts had been successfull, his assumptions
22 were challenged by both Councilmember Fleming and Thomas
23 and Susan Hoban, 2705 Pahl Avenue, who contended the
24 situation had not changed.
25
26 Mr. Hoban indicated he was the spokesman for Randy
27 Ferguson and other neighbors who were unable to attend •
28 the meeting that evening. He said the objects of the
29 concerns f.or that neighborhood' s safety were renters of
30 the home across the street from him, Glen Brown and Jeff
31 Hanson, who operate a mowing business out of 2704 Pahl,
32 park on his side of the street to spite the neighbors and
33 keep two trucks, a car and a trailer which they often
34 maintain in the alley.
35
36 Mr. Hoban had a long list of actions which had been
37 reported to the City police for which he perceived
38 receiving lukewarm responses . The complainant said it
39 had taken four days to get a refrigerator with a door on
40 removed from the alley. Mr. Hoban had pictures showing
41 all three vehicles .parked in the right of way next to the
42 alley. He added that these vehicles were parked that
43 same day on Wilson Avenue, facing the wrong way. The
44 resident indicated he and his neighbors were also
45 concerned about chemicals stored on the premises at 2704,
46 one of which is "Purak" in 100 gallon drums . Mr. Hoban
47 said Mr. Brown and Hanson wash their vehicles out in the
48 alley two or three times a week leaving pools which sit
49 in the alley for children, birds, animals, etc. to walk
50 through or touch.
1 Regular Council Meeting
2 July 28, 1992
3 Page 7
4
5
6
7 Mr. Hoban reported the neighbors had been unsuccessful in
8 talking to the offenders and just the day before, a
9 missile from a bottle rocket had been fired at him while
10 he was mowing his lawn., missing his foot by about six
11 inches . He said he didn't actually see either occupant
12 of 2704 fire the rocket but saw the white smoke rising
13 from their deck on which they were sitting. He added
1.4 that his neighbor, Mary Ann has a very large family and
15 he perceived the missile could just as well have hit one
16 of the children who were playing in their front yard at
17 that time. When Mr. Hoban said he reported the incident
18 to the City police the officer who responded told him he
19 could do nothing because he had not personally seen who
20 had shot the rocket off. Lack of police response was
21 also cited by Mr. Hoban to his request that the police
22 check out a car parked in front of his house July 5th.
23 The resident speculated that the police might have not
24 been as responsive as they could have been because Mr.
25 Hanson and Mr. Brown are on the City Fire Reserves.
26
• 27 Mr. Hoban reported that the two had admitted to the City
28 Manager that they were parking their vehicles in front of
29 the neighbors ' houses just to spite them and he reported
30 they also had begun flashing the lights on the trucks at
31 around 9 :30 p.m. to further irritate the neighbors . On
32 top of it all, Mr. Hoban reported both he and his
33 neighbor, Mary Ann, had just received notices from an
34 attorney saying they were harassing Mr. Brown and Mr.
35 Hanson because "they haven't violated any laws or
36 ordinances and the City police haven't charged them with
37 any violations" .
38
39 Mr. Hoban said he now realizes he can call the Hennepin
40 County Sheriff ' s office who would ticket the two for
41 parking violations. He intends. to do that because he no
42 longer trusts the St . Anthony police perceiving they give
43 preferential treatment to the residents of 2704 Pahl
44 Avenue. He also questioned whether it was proper police
45 procedure for the officer who had responded to the bottle
46 rocket incident to ask him if he had retained an attorney.
47
48 Mr. Hoban concluded by saying that in spite of assurances
49 to the police and the landlord of the residence at 2704
50 Pahl that other arrangements had been made- for storage in
51 another location, he had watched the renters unload their
52 mowers onto the property the previous Friday night and
• 53 back on the trailer Monday morning.
1 Regular Council Meeting
2 July 28, 1992
3 Page 8
4
5
6
7 Mr. Burt drew the Council ' s attention to the fact that
8 from the comments made that evening they could see that
9 the issues involved were not just parking or home
10 occupation. He insisted the police procedures which were
11 used on Pahl had all been proper. The flashing lights
12 and bottle rockets are problems between neighbors .which
13 the police can do nothing about without seeing them
14 according to the law. However, the neighbors can make
15 formal charges which they should have been advised by the
16 responding officer. In regard to the refrigerator
17 incident, the Manager reported the residents of 2704 had
18 been informed the same day as the complaint came in that
19 they had to take the door off and the landlord had been
20 given the same information at the same time.
21
22 As far as the claim that the residents at 2704 are
23 reserve firefighters and therefore given preferential
24 treatment goes, Mr. Burt advised that only Mr. Hanson
25 remains in the reserves and his service for the City and
26 the business he runs are separate issues .
27 •28 The Manager indicated he had talked to the Police Chief
29 that evening and he had agreed to step up enforcement in
30 that area. However, the Chief had also stated that meant
31 anyone in the neighborhood who commits any type of
32 violation will be warned and. ticketed. This will be
33 necessary to avoid the problems escalating to the point
34 where the police can't control or prevent a very
35 difficult situation.
36
37 Mr. Burt said he perceived the problems between neighbors
38 had gotten to such a point where he was recommending
39 using Dispute Resolution Services to talk- to both sides
40 and try to mediate a solution. He said he was suggesting
41 mediation because he knew from experiences in other
42 communities in which he has worked that the process
43 works . He said all the issues which are causing trouble
44 on Pahl can be brought forward for discussion during
45 mediation. He added that he perceived the, problem on
46 Pahl as a neighborhood disagreement and not involving
47 issues which require ordinances .
48
49 Councilmember Fleming -reported she understood the
50 problems had begun when the neighbors had been told the
51 City had some sort of regulations against running a
1 Regular Council Meeting
2 July 28, 1992
3 Page 9
4
5
6
7 business out of a home. This made them think they had
8. valid reasons to contact the police and caused them to
9 question why no citations had been issued when the police
10 responded. She recalled that the City Manager had been
11 promised by both the renters and the landlord that all
12 equipment including tanks would be removed from the
13 property. This and the second promise to staff were not
14 kept and instead the renter began "abusing the neighbors,
15 most of whom are long time residents" . When the
16 Councilmember told the City Manager- a similar problem
17 with renters who lived across from her had been solved
18 when the neighbors contacted City officials, Mr. Burt
19 reminded her that renters and homeowners have equal
20 rights when it comes to law enforcement.
21
22 When Councilmember Fleming reported a conversation with
23 one of the neighbors the previous evening who had told
24 her he was very concerned about pesticides being washed
25 down the alley, perceiving a danger to neighborhood
26 children, Mr. Burt told her that unfortunately he had
27 never seen the containers since every time he goes down
28 there the garage door is shut.
29
30 Mr. Hoban sent around pictures he had taken to
31 demonstrate the "30 foot trailer parked alongside the
32 garage; the trash the occupants of 2704 haul, and the
33 shredder they run in the morning. He said these
34 annoyances to the neighbors are increased by the people
35 who do the mowing who park their cars in the neighborhood
36 while they are working.
37
38 Mr.. Burt reiterated that the City had nothing to go on
39 right now to prove home occupation at 2704 Pahl and said
40 the City Attorney had advised him that the zoning code
41 might be very difficult to enforce. He agreed that this
42 was a situation which needed to be remedied but said
43 there are many other locations in the City where home
44 occupations are carried out. One of these was a garage
45 door repair business where the only indication of the
46 resident ' s occupation is a panel truck with "Northeast
47 Garage Door" on the side. Mr. Burt repo.rted. the City had
48 never had a complaint about this business or most of the
49 others listed in the Yellow Pages. He reiterated that he
50 didn' t think the City should look at a particular
51 instance and create an ordinance which would affect all
52 the others for which there are no problems .
•
1 Regular Council Meeting
2 July 28, 1992 •
3 Page 10
4
5
6
7 Councilmember Fleming agreed that the City wouldn' t want
8 to create an ordinance because of one case where persons
9 are mistreating and abusing their neighbors She perceived
10 the incidents on Pahl to be more of a "nuisance"
11 situation. Mr. Burt indicated the City can't do anything
12 about the residents parking in front of neighbors' homes
13 because by ordinance they have a right to park wherever
14 they want on public streets . He told the Councilmember
15 that was why he was suggesting mediation to remedy some
16 of the irritations in this case.
17
18 Mayor Ranallo speculated that he might even be guilty of
19 home occupation since he receives many calls at home
20 related to his occupation. Another case as he saw it,
21 would be Art Thompson who runs his plumbing business out
22 of his home without most people knowing anything about it
23 because he keeps his truck and his tools in a closed
24 garage. However, the Mayor said he considered the
25 situation involving the "weiner wagon" parked on the
26 driveway on Silver Lake Road as a clear case of home
27 occupation. He reminded the Councilmembers that when the
28 City had approached her about this she had said no one
29 had ever talked to her about the wagon before. The
30 vehicle has never been removed from the driveway since
31 that meeting and the Mayor said he thought this just
32 proved the need for a parking ordinance. He said if the
33 Council isn't willing to "bite the bullet" and put some
34 teeth in the restrictions, the City Manager and the
35 police can' t do anything about such violations of the
36 zoning code. Mayor Ranallo indicated the City Attorney
37 had advised him that the City would just be opening
38 itself to lawsuits if the Council doesn' t pass an
39 ordinance and be willing to have it enforced.
40
41 When asked, Mr. Hoban told the Council he didn' t think
42 mediation would work in this case because the neighbors
43 have already talked hours at a time with the owners of
44 the mower business; they have assured the City and their
45 landlord that they had made other arrangements for
46 storing their equipment at another location, and it ' s
47 still there. Mr. Burt urged him not to underestimate
48 mediation which he has seen work in worse situations in
49 other communities. He told the resident many courts use
50 mediation to remedy conflicts versus the legal process.
•
1 Regular Council Meeting
• 2 July 28, 1992
3 Page 11
4
5
6
7 The Manager reiterated. to Mr. Hoban that things like
8 bottle rockets, flashing lights 'at night and parking in
9 front of neighbors houses to spite them were all
10 instances of neighbors - j.ust not getting along. He agreed
11 that shooting bottle rockets was against state law but
12 repeated that the offense has to be seen personally by
13 the city authorities to enforce the law or one of the
14 neighbors has to file a complaint and go to court. Mr.
15 insisted the police and he had talked to the offenders
16 but that was all they were empowered, to do. He also
17 denied that any favoritism was being shown to Mr. Hanson
18 or Mr. Brown because of their connection with the Fire
19 Department. He also confirmed that the officer who had
20 responded to his call about the parked car had been
21 working a different shift and wasn' t aware of the
22 problems other officers were working on down on Pahl.
23
24 The Manager told Mr. Hoban he intended to call the
25 Pollution Control Agency to find out whether they had
26 investigated the presence of the chemicals Mr. Hoban had
27 described in that neighborhood. He said the agency would
28 be able to determine how much "Purak" can be stored in a
29 household garage and how it should be handled.
30
31 Dennis Cavanaugh, 2909 St . Anthony Boulevard, rose to
32 speak to the issue. He said he perceived the steps which
33 were to be taken to solve the problem on Pahl might not
34 apply to other locations in the City where there are
35 similar complaints. He said he thought the time had come
36 for residents of St. Anthony to get together to tell the
37 City officials what "our standards are in the City" . He
38 indicated he terms what ' s happening all over St. Anthony
39 as the "Northeast Crawl" where the slow deterioration_ of
40. northeast communities is evident from Marshall Avenue N.
41 E. past Central . Mr. Cavanaugh stated he perceived this
42 to be happening because in the 80 ' s a generation was
43 raised who believed in rights but not responsibilities.
44 The resident insisted that St. Anthony had more examples
45 of "Northeast Crawl" than the City wanted to admit. As
46 an example he cited the -two restaurants in the same
47 neighborhood which sat next to residential property with
48 vegation which wouldn't have been tolerated in any other
49 first class community. He further identified a plumbing
50 operation and a house on Silver Lane "where cars seem to
51 propagate like roaches" as cases in point . The resident
1 Regular Council Meeting
2 July 28, 1992
3 Page 12
4
5
6
7 also mentioned a St. Anthony filling station where the
8 owner evidently believes he can spread the. cars he is
9 working on all over the neighborhood. All of these
10 examples Mr. Cavanaugh termed as "disasters not up to the
11 community standards of St Anthony Village" .
12
13 Mr. Cavanaugh said he saw the problems on Pahl as nothing
14 more than cases of meanness and said he believed the City
15 had plenty of laws on the books to prevent such
16 behavior. He said he thought the time had come for the
17 City to quit being "Mr. Nice Guy" and suggested if a car
18 is continually parked across the street from its own
19 residence, the City should be able to tow it. He said
20 those residents don' t like living in St. Anthony, they
21 should "just get out" . He reiterated his belief that if
22 the deterioration near Central Avenue and south of Lowry
23 isn't stopped it would spread because "crud goes to the
24 point of least resistance" . To stop this from happening,
25 Mr. Cavanaugh perceived a need for a citizens committee
26 to study what the standards of St. Anthony are and to
27 share their findings with the Council and/or the Planning
28 Commission.
29
30 Mr. Burt stated that the Public Works Director had run
31 into many of the cases Mr. Cavanaugh had cited and agreed
32 there was a need for specific ordinances to react to some
33 of those instances . Mr. Hamer says he used to be able to
34 work with people to clear up these kind of problems but
35 now the offenders all demand to know "where' s the law?"
36 The Manager indicated he thought that was just what the
37 City was trying to provide with the proposed parking,
38 housing maintenance code and many other issues being
39 worked on right now in response to many of those same
40 problems . One problem with enforcing the desired
41 standards which the City faces is persons who say, "I 'm a
42 long time resident and shouldn' t be treated the same way
43 as people who are newcomers to this community" . There is
44 also a problem with enforcing the law equally and staff
45 tries to work with everyone involved to solve
46 neighborhood problems. He also cautioned that if the
47 Council directs staff to start getting tougher, and to
48 never give anyone a second chance, those directions will
49 have to be followed for everyone because the City can' t
50 be arbitrary in enforcing laws. Mr. Burt also told Mr.
51 Cavanaugh the City is working on many problems he knows
52 nothing about and in many instances staff ' s efforts to
53 work with people to solve these problems are working.
1 Regular Council Meeting
2 July 28, 1992
3 Page 13
4
5
6
7 He said in most cases there are ordinances to fall back
8 on but with home occupations there is only the provision
9 in the zoning code which says residential property can't
10 be commercialized. Enforcement in cases of home
11 occupancy is very difficult when there are no guidelines
12 to follow.
13
14 Councilmember Fleming liked the idea of residents getting
15 together to talk about an issue and pointed to the
16 controversy about the proposed parking ordinance as a
17 case where residents had become aware of an issue and
18 responded. The Councilmember said she perceived that the
19 fact that this doesn't happen very often at the state
20 legislature has resulted in ten times the number of laws
21 than are needed.
22
23 Councilmember Fleming acknowledged that it would probably
24 take months for an ordinance which would address the
25 issues on Pahl to pass. However, she said she also knew
26 from firsthand knowledge that the situation down on Pahl
• 27 was becoming intolerable and one which no St. Anthony
28 resident would want across the street . The Councilmember
29 felt it was essential that the situation not be allowed
30 to continue until the residents felt the need to remove
31 the - tensions themselves because they are "just fed up" .
32
33 Mr. Burt told her he hated to see the City perceived to
34 be the enemy in a case like this where staff had gone out
35 of its way to work with the parties who were causing the
36 problem because there just weren' t any laws to fall back
37 on to remedy the situation. Mayor Ranallo commented that
38 the committee idea might be o.k. but he hadn' t seen any
39 degree of its success when it came to the Parking
40 Ordinance.
41
42 Sandy Antzcak, 3501 36th Avenue N.E. , who was a member of
43 the Ad Hoc Parking Committee, came forward to give her
44 perspective on the mediation process. She agreed with the
45 Mayor that because of the spin given by the newspaper to
46 their stories about the Parking Ordinance, her committee
47 viewed it as an "RV Ordinance" . Because of that
48 terminology, Mrs . Antzcak admitted the temperature on the
49 committee was "hot" and the committee members were ready
50 "to go at it" over that aspect of the issue. There were
51 two committee members who supported the ordinance and
1 Regular Council Meeting
2 July 28, 1992
3 Page 14
4
5
6
7 three, including herself, who opposed it . However,
8 because Mr. Burt had brought a mediator to work with
9 them, the committee were able to reach an understanding
10 on the issue, the evening went along very smoothly, and
11 at the end all participants were getting along very well.
12
13 Mrs. Antczak indicated she thought the mediation process
14 should at least be tried in the Pahl neighborhood,
15 although she conceded it sounded a lot worse than her
16 group' s situation. 'However, She commented that it might
17 be better than waiting months for an ordinance which
18 might, or might not, solve the controversies.
19
20 John Jadinak, 2805 27th Avenue N.E. , related his problem
21 with nearby businesses like the butcher shop and filling
22 station parking their cars in front of his house and
23 preventing the streets in that area from ever being
24 plowed or swept out by City crews . He questioned why the
25 area wasn' t at least posted when the City crews were
26 going to plow or sweep.
27
28 Councilmember Wagner indicated he would like to see some
29 samples of other communities ' home occupation ordinances
30 before turning the issue over to the Planning
31 Commission. He could see nothing to prevent having the
32 problem on Pahl mediated in the meantime. Mr. Burt told
33 him the only involvement the City would have would be to
34 have a mediator there to work with the differing parties.
35
36 Mr. Hoban was asked whether he would be open to mediation
37 and he replied that "the way they've treated me and lied,
38 I don' t know whether I could trust any word they might
39 "give during mediation" . The Manager told him it
40 wouldn't be a case of verbal agreement but rather, actual
41 written agreements come out of the mediation process. He
42 said the fact that the residents of 2704 Pahl had already
43 hired an attorney does not cause him to concede failure
44 yet. He said maybe Mr. Brown and Mr. Hanson won't agree
45 to mediation but he felt it was at least worth the try.
46
47 The Manager indicated he would do the necessary research
48 on other communities ' home ordinances and would put them
49 on the first Council work session he could.
1 Regular Council Meeting
2 July 28, 1992
3 Page 15
4
5
6
7 2.. St. Anthony Shopping Center Carnival
8
9 Motion by Fleming, seconded by booth to grant approval
10 for the St. Anthony Shopping .Center Carnival to be held
11 from noon to 4 :00 p.m. August 1, 1992 and to waive the
12 fee for the' event.
13
14 Motion carried unanimously.
15
16 3. South End Moratorium
17
18 The Manager reported the plans for redeveloping the South
19 End. are right on track with the Planning Commission
20 approving at their last meeting the concept of
21 residential use for the triangle where the two cafes will
22 be eliminated; leaving the gas station with some very
23 improved landscaping and berming, and a road alignment
24 which the Council has already seen. He said the
25 moratorium on further development in that area will be
26 expiring August 13 and he was recommending extending it
• 27 for another six months, although the process probably
28 wouldn' t take that long. Staff is in the process of
29 negotiating the purchase of the Rosie's. Cafe right now
30 and when those negotiations are completed will go across
31 the street to talk to the owners of the Good Luck Cafe
32 about purchasing their property as well . That appraisal
33 is almost complete and Phase One is done for the
34 environmental impact study.
35
36 -Mr. Burt was under the impression the meat market was
37 closed next to the gas station and reported that Roger
38 Bona, who owns the station as well as that property,
39 wants to make some improvements to his operation which
40 had been prevented by the moratorium. The property owner
41 had argued that since his property was not really
42 involved with the changes in the rest of the triangle,
43 the City should lift the moratorium from the land he
44 owns. Mr. Bona had said that would allow him to make
45 changes to his pumps and expand his business .
46
47 When Councilmember Enrooth asked whether Mr. Bona had
48 provided staff with definite plans for the changes he
49 proposed, Mr. Burt said he had seen the conceptual
50 configurations which would have to be modified to
51 accommodate the City' s plans to connect 27th Avenue and
•
1 Regular Council Meeting
2 July 28, 1992
3 Page 16
4
5
6
7 Coolidge Street and cut off the station' s access to those
8 streets with landscaping and berming. Mr. Burt said, in
9 any event, Mr. Bona will have a lot more room for parking
10 and won' t have to park -cars he' s working on in front of
11 the home on 27th Avenue.
12
13 Mr. Jadnick who had referred to that problem earlier in'
14 the evening told the Council he would be in favor of any
15 plan which prevented the gas station from parking in
16 front of his house. He then informed the Manager that
17 all business at the butcher shop had not stopped and
18 there were still '18 wheelers pulling in and out from that
19 property which now houses a catering business which has
20 meat coming in from all over.
21
22 The City Attorney had advised that the City was well
23 within its rights to lift the moratorium on the gas
24 station property while extending it for the remainder of
25 the triangle where the work is not complete. Mr. Burt
26 said the Attorney had also told him he would be writing
27 up the agreement for the extension of the moratorium •
28 which would reflect the area remaining for
29 redevelopment. The Manager indicated the Planning
30 Commission would be working on the Comprehensive Plan
31 dealing with this redevelopment in August and would then
32 address the rezoning of the two cafe properties. 'He
33 estimated the Council would have the Plan and rezoning
34 proposal by October, by which time, hopefully the City
35 will have purchased those properties. However, if
36 condemnation is necessary, staff will have to return
37 asking for another year' s extension.
38
39 Mayor Ranallo proposed delaying action on the extension
40 until the Council ' s August 11th meeting when Mr. Bona
41 should have more firm plans developed for the Council to
42 fit into the changes proposed for the -South End. The
43 moratorium extension was then laid over to the August
44 11th Council meeting.
45
46 Mr. Cavanaugh spoke up saying he 'thought it would be a
47 serious mistake to carve the filling station out of the
48 master plan for the South End. He was concerned that the
49 changes proposed by the station owner might not conform
50 to the rest of the improvements. He suggested that since
51 the City has the leverage of the moratorium, the plans
1 Regular Council Meeting
• 2 July 28, 1992
3 Page 17
4
5
6
7 for that business expansion ought to be incorporated into
8 the Comprehensive Plan . The resident perceived the need
9 to get a definite commitment from Mr. Bona as to what
10 he' s going to -do with his property. Mr. Burt said it
11 might be possible to tie Mr. Bona into a redevelopment
12 agreement since the City has tax .increment money for this
13 area.
14
15 4. Ad Hoc Parking Committee
16
17 Mr. Burt reported the Ad Hoc Parking Committee had met
18 twice and, as requested by the Council, had made the four
19 proposals in the agenda packet . These suggestions were
20 proposed as possible ways to accomplish the issue of
21 image and neighborhood aethestics versus the proposed
22 Parking Ordinance. The Manager indicated the Committee
23 perceived the community had a good over all image but
24 these suggestions were aimed at the two percent of
25 citizens who don' t seem to have the same neighborhood
26 pride or standards as the rest of the Village. The
27 Committee perceived one or a combination of suggestions
28 might be implemented.
29
30 a. Property Maintenance Code
31
32 The Committee perceived a need to expand the Housing
33 Maintenance Code to be reported at the next Council
34 meeting. They suggested the addition of a provision
35 which called for keeping all property within the
36 confines of the property lines in a "neat and
37 orderly" manner. This addressed not only parking
38 but some issues similar to those covered in the
39 City' s Nuisance Ordinance.
40
41 b. Permits
42
43 This suggestion would require all .properties with
44 commercial, recreational vehicles, recreational and
45 utility trailers or watercraft to get a permit. The
46 permit would be granted only after discussion with
47 the neighbors on specifics related to location,
48 length of storage, screening and minimal
49 maintenance. The City Attorney had pointed out the
50 difficulty in taking back a permit once it is
51 granted. Mayor Ranallo indicated he would expect
1 Regular Council Meeting
2 July 28, 1992
3 Page 18
4
5
6
7 the administrative costs to far surpass the $5.00
8 fee the Committee recommended. Vehicles used as a
9 condition of employment would be exempt from the
10 permit process. Only long term storage would
11 require a permit.
12
13 C. Beautification Committee
14
15 This would be a committee appointed by the Council
16 to handle complaints between neighbors and resident
17 complaints on the appearance of another's property.
18 If no agreement is reached, the services of Dispute
19 Resolve would be utilized.
20
21 d. City Mediation
22
23 City staff would make the initial contact in
24 neighbor complaints and would meet with neighbors to
25 discuss. the identified issue and try to resolve the
26 conflicts. To avoid legal resolution the services
27 of Dispute Resolution would be used.
28
29 Mr. Burt indicated staff now has copies of parking ordinances
30 other communities are either working on or have passed. He
31 said the issue might now be sent back to the Planning
32 Commission. He also indicated the Committee had recognized
33 that it may be very difficult to come up with any type of
34 ordinance to fit an established community like St. Anthony
35 which has such a diversity of population.
36
37 Councilmember Enrooth indicated he wanted to commend the
38 Committee on what he viewed as some very good ideas. The
39 Mayor agreed saying he only hoped that would result in a
40 workable ordinance. He reiterated that he still believed
41 somewhere along the line the Council was going to have to
42 "bite the bullet" and vote the issue "up" or "down" .
43
44 These proposals along with the Parking Ordinance and samples
45 of other communities ' ordinances will be referred back to the
46 Planning Commission.
1 Regular Council Meeting
• 2 July 28, 1992
3 Page 19
4
5
6
7 5. Council Work Session
8
9 The fact that Councilmember Enrooth would be out of town from
10 August 11 to 21 and the research necessary for the proposed
11 home occupation ordinance would take more than a week's work
12 caused the work session scheduled for August 4 to be
13 rescheduled to September 1, 1992.
14
15 The 1993 budget will be included in the September 1st
16 discussions. Mr. Burt indicated he should have a draft copy
17 of the budget shortly and said he would like to sit down with
18 each Councilmember one on one to go through it in detail. The
19 City has to certify the levy at the second Council meeting in
20 September but the figures which are certified do not have to
21 be exact numbers. An informal public meeting on the budget
22 will also be held prior to the meeting where it is finally
23 accepted.
24
25 6. Ching House
26
• 27 The Manager reported the Ching house on Skycroft Circle had
28 been vacant for at least ten years during which the City has
29 been cutting the grass when it gets above the permitted height
30 and those costs are billed on the taxes. These are paid by
31 the owner who lives in California and apparently has no desire
32 to sell the property. Mr. Burt said he had gotten a call from
33 one of the neighbors about the unsightly appearance of the
34 bushes which have grown wild over these years of neglect. The
35 Manager indicated he would be writing to the owner and billing
36 costs of maintenance of the bushes back on to the taxes if no
37 other arrangements are made. The same neighbor had brought up
38 the possibility of condemning the property which seemed
39 conceivable the Manager said in view of the fact that several
40 years ago there had been a water break which had flooded the
41 house and probably caused a great deal of damage to the
42 interior.
43
44 The Manager was directed to consult the City Attorney to see
45 what could be done.
46
47 7. Vandals in the Park
48
49 The Manager reported the City is experiencing some very
50 "creative vandalism" to the public toilets this summer which
51 the summer time help is finding difficult to keep clean enough
52 to have open. Staff is looking at closing the facilities
•
1 Regular Council Meeting
2 July 28, 1992
3 Page 20
4
5
6
7 altogether and opening them up only for organized activities.
8 Because this is an ongoing problem, Staff is looking into
9 budgeting for satellites which would be utilized only during
10 the summer months. The same problems were being experienced
11 in the City Hall until gating prevented usage by gymnasium
12 users, thereby eliminating those expenses.
13
14 The .Council was .very reluctant not to have the facilities open
15 at all and staff was directed to try having the toilets opened
16 by workers at 7:00 a.m. and closed by the police at 9 :30 p.m.
17
18 IX. NEW BUSINESS
19
20 C. RESOLUTION 92-038, RE: RESTRUCTURE OF LIQUOR REVENUE. BONDS
21
22 Robert Thistle of Springsted was present to discuss his firm' s
23 recommendation that the City's Liquor Revenue Bonds be
24 refinanced to take advantage of lower interest rates. Mr.
25 Thistle anticipated a $19,000.00 savings in interest which
26 represents almost 14% of the outstanding interest remaining on
27 the bonds. He said this would also free up $25, 000.00 in the
28 City's debt service fund and would reduce the reserves the
29 City would have to keep by $69,000. 00
30
31 Motion by Enrooth, seconded by Ranallo to adopt Resolution
32 92-038 which authorizes the issuance and sale of $405,000.00
33 Liquor Store Revenue Refunding Bonds, Series 1992 A, and sets
34 the bid date for Tuesday, August 25, 1992 at 11:00 a.m. at the
35 office of Springsted, Inc.
36
37 Motion carried unanimously.
38
39 VII. ADJOURNMENT TO HOUSING AND REDEVELOPMENT AUTHORITY MEETING
40
41 Motion by Wagner, seconded by Enrooth to recess the St.
42 Anthony Council meeting at 9 : 15 p.m. for the St. Anthony
43 Housing and Redevelopment Authority meeting.
44
45 Motion carried unanimously.
46
47 The Council meeting was resumed at 9 :33 p.m.
1 Regular Council Meeting
2 July 28, 1992
3 Page 21
4
5
6
7 VIII. PUBLIC HEARINGS
8
9 A. Amendments to Kenzie Terrace Redevelopment Plan and Tax
10 Increment Plan (Resolution 92-035)
11
12 The public hearing was opened at .9 :34 p.m.
13
14 The Mayor expressed regret that the people who had been
15 present for the South End Moratorium consideration hadn' t
16 understood that the Council would be resuming the discussion
17 of the redevelopment of that area after the H.R.A. meeting.
18 About ten residents from that area had left leaving only
19 Dennis Cavanaugh to provide input to the issue.
20
21 Mr. Cavanaugh said he was speaking to the process of the
22 public hearing rather than the amendments to the Kenzie
23 Terrace Plan. He questioned why the Notice of Hearing had
24 only been published in the official City paper and notices not
25 sent to the residents most affected, as is done in most other
26 cases. He was told the redevelopment of the South End
27 affected the whole City and not just residents and businesses
28 in that particular area . Therefore, the law required only
29 publication as had been done July 15.
30
31 Mr. Cavanaugh complained that the documents which the Council
32 had been given and which had been provided to those-in
33 attendance were vacuous for him because he could derive no
34 pertinent information to allow him to raise questions about
35 the effects of the tax increment process. He wondered what
36 effect the process would have on the assessments for the
37 adjacent properties which he assumed would be lower. He also
38 questioned whether there would be assessment implications for
39 the community.
40
41 The Manager responded by saying any time a city is involved in
42 a tax increment project no one can claim that there would be
43 no impact on the residential neighborhood. He said the
44 greatest impact in this case will be the physical change in
45 the neighborhood uses that are there now. He added that the
46 tax increment is a vehicle for financing and will do nothing
47 to Mr. Cavanaugh' s taxes at all .
48
49 Mr. Burt indicated the redevelopment district is already in
50 existence and all the City is doing is extending it to use tax
51 increment money to make these improvements. Mayor Ranallo
1 Regular Council Meeting
2 July 28, 1992
-3 Page 22
4
5
6
7 indicated the only impact would be if the bonds on the
8 original district were not paid because the Kenzington,
9 Walker, and Autumn Woods collectively failed. The taxpayers
10 would then have to pay off those bonds. However, the
11 likelihood of failure is very low because all those projects
12 were more successful than the City anticipated. The
13 Kenzington might not look like a huge success because the
14 condominium market fell and they are not all owner occupied.
15 In fact some of those units are in tax forfeiture as far as
16 the rental side goes. In spite of this, the project is still
17 paying more than anticipated and the City is only using the
18 surplus funds which go to pay off the bonds for the South End
19 project. The Mayor continued by telling Mr. Cavanaugh the
20 Walker project doesn' t have a vacancy. The Autumn Woods
21 owners reported 100% occupancy last week and they are also
22 taking advantage of the market and refinancing the personal
23 bonds they have in the project.
24
25 Mr. Burt told Mr. Cavanaugh the City is authorizing a one
26 million dollar budget for the South End Project but if the tax
27 increment financing were not in place there would be no other
28 means of doing the project. The costs will depend on the
29 price the City can negotiate for the purchase of the two cafe
30 properties and whether condemnation would be necessary. Any
31 expenditure would have to come before the Housing and
32 Redevelopment Authority. He added that there is an advantage
33 to having the City as the developer because the project will
34 be developed just as approved without incentives to an outside
35 developer which clearly the City wouldn't want to give.
36
37 Mr. Burt reported receiving only one phone call regarding the
38 project which asked what the City was going to do with the
39 land which is acquired. He said the caller was going to be
40 out of town for this hearing so he had sent out a copy of Plan
41 D and hadn't heard any further from that caller.
42
43 No one else raised questions or spoke either for or against
A4 the proposal .
45
46 Motion by Enrooth, seconded by Wagner to close the public
47 hearing at 9 :43 p.m. for Council action.
48
49 Motion carried unanimously.
1 Regular Council Meeting
2 July 28, 1992
3 Page 23
4
5
6
7 Motion by Enrooth, seconded by Fleming to adopt Resolution
8 92-035, a resolution approving 1992-B Amendments to the Kenzie
9 Terrace Redevelopment Plan and the Kenzie Terrace Tax
10 Increment Plan and making findings with respect thereto.
11
12 Motion carried unanimously.
13
14 IX. NEW BUSINESS
15
16 A. Resolution 92-036 Re: Transfer Ownership of North Central
17 Cable Communications Corporation
18
19 The issue had been discussed at the July 14 Council meeting
20 and the document had been reviewed by the City Attorney who
21 had been at that meeting.
22
23 Councilmember Enrooth commented on recent news stories about
24 cable and the impact it was having. He said he recognized the
25 City could do nothing about the issue before them that evening
26 but wondered whether sometime in the future the Council should
27 look at the whole question from a different perspective. The
28 Manager reminded the Councilmembers that the Suburban Cable
29 franchise would be expiring soon and they would have the
30 opportunity of deciding whether they wanted to stay with the
31 other cities or have St. Anthony go on its own. This prompted
32 a discussion of the effect the use of fiber optics and
33 satellites might have on the cable industry.
34
35 Motion .by Enrooth, seconded by Wagner to adopt Resolution
36 92-036 approving the transfer of ownership of North Central
37 Cable Communications Corporations as presented.
38
39 Motion carried unanimously.
40
41 B. Resolution 92-037, Re: Subrecipient Agreement with
42 Hennepin County for the CDBG Program .
43
44 Mr. Burt explained that the Council would be. approving a
45 $28, 044 . 00 Community Development Block Grant for City projects
46 which the Council had already designed.
47
48 Motion by Wagner, seconded by Ranallo to adopt Resolution
49 92-037 authorizing the Mayor and the City Manager to execute
50 the subrecipient agreement with Hennepin County to receive
51 Year XVIII CDBG funds .
52
• 53 Motion carried unanimously.
1 Regular Council Meeting
2 July 28, 1992
3 Page 24
4
5
6
7 D. Storm Water Drainage Utility
8
9 Mr. Cavanaugh said he was speaking in anticipation of the
10 August 11- first reading of the ordinance which would establish
11 this new utility for which residents and commercial entities
12 would have to pay specific fees. The resident indicated he
13 considered the leaflet on the proposed utility which had been
14 sent to the residents to be very inadequate when it came to
15 specifics. Mr. Cavanaugh read off about 20 questions related
16 to the proposal which Mr. Burt said he was certain he would be
1.7 able to answer if he came to his office before that meeting.
18 The Manager said the leaflet was intended to raise questions
19 which could be answered at either the first, second or third
20 reading which would be given the ordinance before it passes.
21 The Manager also told Mr. Cavanaugh the City Engineer would
22 have to be present to answer some questions he raised.
23
24 Mayor Ranallo drew attention to the fact that the leaflet had
25 invited residents to call City Hall if they had questions and
26 said the Manager had reported receiving only four calls with
27 most of the callers only asking how long the fees would be
28 charged. He also told Mr. Cavanaugh that since he has been
29 Mayor he has always insisted on having three readings for any
30 ordinance which is proposed. That way any questions which are
31 raised during the first reading can be answered during the
32 second reading.
33
34 Mr. Burt told Mr. Cavanaugh the utility would not be designed
35 to bring in a windfall of money but the first funds will be
36 used to study what the City has to do in response to all the
37 regulations which are coming from the federal government, the
38 Metropolitan Council and the DNR. He said there are eleven
39 different agencies to regulate storm water.
40
41 The Road Task Force was the one which had instigated the
42 concept of not assessing for storm water management but rather
43 to use a fee as a vehicle for correcting problems the City
44 will be facing. Mayor Ranallo added that until the City
45 starts digging down into the streets no one will know how
46 great the storm water problem actually is .
47
48 Mr. Cavanaugh commented that if only four people had called
49 City Hall after receiving the leaflet he could only conclude
50 the 96% remaining are probably complaining about the cost of
51 government without trying to find out what is being done. He
1 Regular Council Meeting
• 2 July 28, 1992
3 Page 25
4
5
6
7 said he perceived the fee to be a tax. Mr. Burt told him the
8 storm drainage utility would be no different than a water
9 utility.
10
11 X. UNFINISHED BUSINESS
12
13 A. Second Reading of Ordinance: Re: Recycling
14
15 Motion by Councilmember Enrooth, seconded by Major Ranallo to
16 approve the second reading of Ordinance 1992-004 requiring
17 mixed municipal solid waste collection for all residential and
18 commercial properties within the boundaries of the City of St.
19 Anthony; amending the 1973 Code of Ordinances to add new
20 subsections 560.06; 560. 07 and 560 . 08.
21
22 Motion .carried unanimously.
23
24 XI. ADJOURNMENT
25
26 Motion by Wagner, seconded by Enrooth to adjourn the July 28, 1992
27 Council meeting at 10 : 00 p.m.
• 28
29 Motion carried unanimously.
30
31
32
33 Respectfully submitted,
34
35
36
37
38 Helen Crowe, Acting Secretary
39
40
41
42
43 Mayor Clarence Ranallo
44
45
46
47 ATTEST:
48 City Clerk
intAnthon
HE
I _ I
I DA TE: August 6, 1992 APPROVAL, '__
I
ITO: Mayor and Councilmembers
I
FROM: Judy Monson, License Clerk I
I
( ITEM: LICENSE/PERMITS FOR COUNCIL APPROVAL : I
I
IContractors License : I
I I
Acme Glass Inc . , Minneapolis , MN
R J Ryan Construction ,' Minneapolis , MN I
I I
IHeating License : I
Suburban Air, Minneapolis , MN I
Thermex Corporation , Minneapolis , MN I
I l
I I
Temporary 3. 2 Beer Permits :
I I
Central Park , August 20, 1992 , Douglas Parker i
Central Park, August 22 , 1992 , Patricia A Mans
Central Park , September 13 , 1992 , Robert Davies I
Central Park, August 19 , 1992 , Michael -Robarge I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
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I
DORSEY & NVHIT\TEY
1'•.Tw I..w M1Iwr't t'Irl wt• 1•wTrl[swrrrwwl �4.IV.wTll rww
P.O. BOX 1650
M11NEAPOLIS. %4111�ESOTA 55480-1680
(612) 340-2600
(T.■ Id.ntlftc.tl.n N.. 41.0213377)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony Minnesota
Attn: Mr. Thomas D. Burt July 24, 1992
3301 Silver Lake Road Invoice No. 285033
Minneapolis MN 55418
For Legal Services Rendered Through 06/30/92
Water Treatment Facility: Review information
regarding federal grant application for awarding
of federal funds to upgrade pumping capacity;
telephone conferences with T. Burt regarding sane;
conferences with T. Burt regarding grant for
• additional pumping capacity; review proposed
amendment to contract regarding maintenance costs;
review third amendment to contract; telephone
conference with T. Burt regarding same 510.00
Parking Ordinance 120.00
Attend Council Meeting 225.00
Review agenda materials and minutes; discussions
with City Manager 182.50
Total For Services $1,037.50
Plus Disbursements Per Attached $51.30
Total This Statement $1,088.80
WRS/615
•
Service charges are based on rates established by Dorscv& Whitney. A schedule of those rates has been provided and is available upon request.
Disbursements and service charges, which either have not been recei%cd or processed.will appear on a later Statement.
PAYMENT DUE UPON RECEIPT
LAWOFFICES STATEMENT OF ACCOUNT
HANCE & LEVAHN
�T ANTHONY NATIONAL BANK BUILDING,SUITE 200 DATE: August 3, 1992
2401 LOWRY AVENUE NOR7HEAST
MINNEAPOLIS.MINNESOTA 55418
Thomas D. Burt, City Administrator PLEASE DETACH AND RETURN THIS
City of St. Anthony PORTION WITH YOUR REMITTANCE.
3301 Silver Lake Road
St. Anthony, MN 55418
(M) a AMOUNT REMITTED 5
RE: Village Prosecution
-------------------------------------------- -
DATE DESCRIPTION •
0 . 00
PAYMENTS
CREDITS 8L ACCOUNT ADJUSTMENTS
• UNPAID PREVIOUS BALANCE 0 .00
FINANCE CHARGE
PROFESSIONAL SERVICES 21400.00
Legal services rendered for the month
of August, 1992, relative to St. Anthony
prosecutions .
CURRENT FEES
' S 2,400 .00
MINIMUM PAYMENT DUE $
Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL
PERCENTAGE RATE of 16% will be imposed upon any Unpaid Previous Balance greater than 51.00, with a minimum FINANCE
CHARGE of$0.50. The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for
that billing cycle was not paid in full within 30 days.
NOTICE: See reverse side for important information. HANCE & LEVAHN
ye
5,, Braun Infertec Pavement, Inc.
RAUH1983 Sloan Place
` St.Paul,Minnesota 55117-200A
I N T E RT E C 612.776.7522 Fax:776.7201
Enoineers and Scientists Serving
the 601 and Natural Environments
FILE NO. 92-605
INVOICE DATE: 7-10-92
CITY OF ST. ANTHONY
Mr. Larry Hamer
3301 Silver Lake Rd
St Anthony MN 55418
RE: Pavement Management and Program Installation
Lump sum per aggreement $23, 840.00
Percent Complete 1000 $23,840.00
.Less Amount Previously Billed $22, 648.00
TOTAL AMOUNT THIS INVOICE $1, 192. 00
I hereby certify that the materials or services herein have been
delivered, that this is the original invoice and is correct and
just, and that no part of same has been paid.
BRAUN INTERTEC PAVEMENT, INC
By "�z-Q
Title
Please remit payment to: P.O. Box 39108
Minneapolis, MN 55439
•
CALGON
CALGON CARBON CORPORATION ORIGINAL INVOICE
PEASE REFERENCE.OUR ORIGINAL IN-
P.O. BOX 717, PITTSBURGH, PA 15230-0717 VOICE NUMBER ON YOUR REMITTANCE.
n:r r ri T: LL
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v0v0 LE -24':10010 E300 ULA: 0 . �=� 7 i ii0 . 00
DELIVERED 7/7-8/92
4 EA 004S90 FREIGHT 3345. 00 14180 .110
TRUCKLOADS OF SPENT CARBON '"TURNKI 20-X tEACTIVATI-N
DATE DUE '—A 1-J'. 1 ? • • 53 8)0 . v�!
=ORM 111-F(E)"7 CUSTOMER
STAFF REPORT
DATE: August 7, 1992
TO: Mayor and Councilmembers
FROM: Connie Kroeplin, City Clerk
ITEM: PROPOSED ELECTION JUDGE LIST FOR SEPTEMBER
15TH STATE PRIMARY ELECTION
Precinct 1. Hennepin County
Ethel Plasek, Chair 3112 Armour Terrace
Patricia Bridgeman 2900 West Armour Terrace
Mary Schwaab 2913 Stinson Boulevard
Elvira Grundmayer 3013 Croft Drive
Helen Glotzbach 3108 Armour Terrace
Precinct 2. Hennepin County
Louise Inhofer, Chair 2501 Lowry Avenue N.E.
Helen Crowe 2813 West Armour Terrace
Elaine Gorshe 2821 Stinson Boulevard
Anne Arndt 3520 Coolidge Street
Lorraine Schmidt 3256 Old Highway 8
Nancy Morin 3331 Belden Drive
Precinct 1. Ramsey County
Marjorie Madden, Chair 3701 Foss Road
Caroline Zappa 2560 Kenzie Terrace, #122C
William Arndt 3520 Coolidge Street
Clare Mancino 3609-37th Avenue N.E.
Nancy Klucas 3529 Roosevelt Street
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CITY OF ST. ANTHONY
ORDINANCE 1992-007
AN ORDINANCE ESTABLISHING A STORM WATER DRAINAGE UTILITY
The City Council of the City of St. Anthony hereby ordains:
SECTION ESTABLISHMENT OF STORM WATER DRAINAGE UTILITY
Pursuant to Minnesota Statutes, Section_444.075, the City establishes a storm
water drainage utility and authorizes the imposition of just and reasonable charges for the
use and availability of storm sewer facilities.
SECTION . FINDINGS AND DETERMINATIONS
(a) In the exercise of its governmental authority and in order to promote the
public health, safety, convenience and general welfare,the City has constructed, operated
and maintained a storm sewer system ("the system"). This Article is adopted in the
• further exercise of such authority and for the same purposes.
(b) The system, as constructed, heretofore has been financed and paid for
through the imposition of special assessments and ad valorem taxes. It is now necessary
and desirable to provide an alternative method of recovering some or all of the future
costs of improving, maintaining and operating the system through the imposition of
charges as provided in this Article.
(c) In imposing charges, it is necessary to establish a methodology that
undertakes to make them just and equitable. Taking into account the status of
completion of the system, past methods of recovering system cost, the topography of the
City and other relevant factors, it is determined that it would be just and equitable to
assign responsibility for some or all of the future costs of operating, maintaining, and
improving the system on the basis of the expected storm water runoff from the various
parcels of land within the City during a standard rainfall event. For the purposes of this
Article, a standard rainfall event is defined as a 10-year, 24-hour duration rainfall assuming
Hydrologic Soil Group 'B' soils according to methods in the Hydrology Guide for
Minnesota, published by the Soil Conservation Service.
(d) Assigning costs and making charges based upon expected typical storm
water runoff cannot be done with mathematical precision but can only be accomplished
• within reasonable and practical limits. The provisions of this Article undertake to establish
a reasonable and practical methodology for making such charges.
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SECTION RATES AND CHARGES
(a) Residential equivalent factor. Rates and charges for the use and availability
of the system shall be determined through the use of a "Residential Equivalent Factor"
("REF"). For the purposes of this Section, one REF is defined as the ratio of runoff
volume (in inches) for a particular land use, to the runoff volume (in inches) for a typical
lot representative of single family residential lots.
(b) Storm water drainage charges. In determining charges the City Council
shall by resolution establish a basic system rate to be charged against one acre of land
having an REF of one. The charge to be made against each parcel of land shall then be
determined by multiplying the REF for the parcel, classified based on actual land use,
times the parcel's acreage times the basic system rate. The REF's for the following land
uses within the City and the billing classifications for such land uses are as follows:
Classification Land Uses REF
1 Cemeteries, parks, golf courses, railroads, .60
vacant land
• 2 Single-family residential 1.00
3 Medium density residential, duplexes, 1.38
public and private schools and institutional uses
4 High density residential, churches and 1.76
mobile home parks
5 Commercial and industrial 2.20
SECTION OTHER LAND USES
Other land uses not listed in the foregoing table shall be classified by the Director
of Public Works by assigning them to classes most nearly like the listed uses, from the
standpoint of runoff volume for the standard rainfall event. An appeal from the Director
of Public Work's determination of the property classification may be made to the City
Council.
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SECTION EXEMPTIONS FOR CERTAIN LAND USES
The following land uses are exempt from the surface water management fee: (1) City,
County and State road and highway rights-of-way, (2) lakes and ponds, and (3) City-
owned facilities.
SECTION ADJUSTMENT OF CHARGES
The City Council may by ordinance adopt policies providing for the adjustment of
charges for parcels or groups of parcels, based upon land use data supplied by affected
property owners, which data demonstrates a runoff volume for the standard rainfall event
substantially different from the REF being used for the parcel or parcels. Such
adjustment shall be made only upon recommendation of the Director of Public Works and
shall not be made effective retroactively.
SECTION . PUBLIC HEARING AND NOTICE
The City shall hold a hearing prior to determining whether to build, construct,
enlarge or improve storm sewer facilities financed in whole or in part by the imposition
of storm sewer drainage charges. Notice of such hearing shall be published in the official •
City newspaper at least ten days prior to. the date of hearing. Owners of all property
adjoining a proposed improvement shall be mailed or served with a notice at least ten
days in advance of the hearing. However, failure to give mailed notice or any defects in
the notice shall not invalidate the proceedings.
SECTION . ESTABLISHMENT OF A TAX LIEN
Any past due storm water drainage fees in excess of ninety (90) days past due on
October 1 of any year may be certified to the County Auditor for collection with real estate
taxes in the following year pursuant to Minnesota Statutes, Section 444.075, Subd. 3. In
addition, the City shall have the right to bring a civil action or to take legal remedies to
collect unpaid charges.
SECTION RECALCULATION OF CHARGES
If a property owner or person responsible for paying the storm water drainage
charge questions the correctness of such a charge, such person may have the
determination of the charge recomputed by written request to the Director of Public
Works. Such request shall be made within thirty (30) days of the mailing of the billing in
question.
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SECTION This ordinance shall be in effect as of the date of its publication.
First reading: August 11, 1992
Second reading:
Adoption:
Mayor
ATTEST:
Published St. Anthony Bulletin on the day of
1992.
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i STAFF REPORT
DATE: August 7, 1992
TO: Mayor and Councilmembers
FROM: Thomas D. Burt, City Manager
ITEM: SOUTH END MORATORIUM EXTENSION
Work on the south end redevelopment is steadily moving along, however, the moratorium
is due to expire August 13th and all of the work has not been accomplished.
I recommend that the City Council extend the moratorium for another six months until all
of the work and hearings are held. I spoke with Roger Bona and he does not have a precise
plan or time line for the work he would like to do. I suggest leaving his property in the
moratorium at this time.
CITY OF ST. ANTHONY
ORDINANCE 1992-006
AN ORDINANCE REQUIRING MIXED MUNICIPAL SOLID WASTE
COLLECTION FOR ALL RESIDENTIAL AND COMMERCIAL
PROPERTIES WITHIN THE BOUNDARIES OF THE
CITY OF ST. ANTHONY; AMENDING THE 1973 CODE OF
ORDINANCES TO ADD NEW SUBSECTIONS 560.06,
560.07, AND 560.08.
The City Council of the City of St. Anthony, Minnesota, ordains:
Section 1. The 1973 Code of Ordinances is amended to add new subsections 510.07, 510.08,
and 510.09 to read as follows:
560.06 REQUIRED SOLID WASTE COLLECTION
Pursuant to Minn. 'Stat. 115A.941, every person who owns or occupies
property within the City for business, commercial or residential purposes shall
contract for collection service for mixed municipal solid waste with a hauler
licensed to do business in the City of St. Anthony as of July 1, 1992.
560.07 EXEMPTIONS
A person, firm, or corporation is exempt from the provisions in section 560.06
if the person, firm, or corporation ensures that an environmentally sound
alternative is used. The City Manager or designee may grant an exemption.
An environmentally sound alternative is defined as:
(1) Combining with another person(s), firm(s), or corporation(s);
(2) Use of a business that one owns; and
(3) Use of a firm or corporation that one is employed by, as long as it is
authorized by that firm or corporation.
560.08 ENFORCEMENT AND PENALTY
Any person,firm, or corporation violating the provisions of sections 560.06 and 560.07
after September 1, 1992 shall be guilty of a petty misdemeanor.
Section 2. This ordinance will be effective as of the date of its publication.
First Reading: July 14, 1992
Second Reading: July 28, 1992
Adopted: August 11, 1992