Loading...
HomeMy WebLinkAboutPL PACKET 02151983 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100386 BOX: SS Folder: PL PACKETS 1983 Document: PL PACKET 02151983 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA January 18 , 1983 7 :30 P.M. 1 . Call to Order. 2 . Roll Call . 3 . Minutes . a. Planning Commission Minutes - December 7 , 1982 . 4 . Designate Commission Representative to the Council Meeting on January 25 , 1983 . 5 . Public Hearings - none. • 6 . Zoning and Ordinance Variations - none. 7 . Old Business . a. Consideration of the Proposed Sign Ordinance (please bring your copies) . 8 . New Business . a. Consideration of Establishing Terms of Planning Commission Members . 9 . Miscellaneous . a. Letter to Metro Council , re: Request for assistance in preparation of a housing plan for St. Anthony . 10 . Adjournment. CITY OF ST. ANTHONY • PLANNING COMMISSION MINUTES December 7 , 1982 The meeting was called to order by Chairman Jones at 7 : 40 P.M. Present for roll call: Zawislak, Bowerman , Makowske , Jones , Bjorklund, and Peterson. Absent: Sopcinski. Also present: Dave Childs , City Manager and Ron Berg, Administrative Assistant. Mrs . Makowske noted the revisions recommended by the Commission for the proposed Sign Ordinance had not been recorded in the Commission's November 16th minutes but Mr. Berg indicated he had not thought that was necessary since all Commission changes as well -as a majority of those made by. the City Attorney had been incorporated in the ordinance he had distributed for their consideration that evening . Motion by Mr. Peterson and seconded by Mr. Zawislak to approve as submitted the minutes of the Planning Commission meeting held Nov- ember 16 , 1982 . • Motion carried unanimously. Mr. Bjorklund agreed to represent the Commission at the Council meeting December 14th . He also distributed copies of his report on the Land Use Planning Workshop he attended November 30th , giving the highlights of the seminars and indicating he found the discussions on accessory apartments especially informative . Some of the literature tor. Bjork- lund had brought back from the workshop would be duplicated by staff for the other Commission members . Mrs . Makowske reported her attendance at the hazardous waste site discussions November 22nd where the City Council had made a strong statement of concern related to siting the facilities near St. Anthony, saying she had learned during the hearing that not only was a site in Roseville being considered, but there were also several locations in Minneapolis which would almost abut the City property , including sites south of Columbia Park and near the Dayton' s Warehouse in the Industrial Park. She asked that the Commission be kept informed about any further developments since it had not been clarified during the hearing just what materials would be involved. At 8:00 P.M. , the Chairman opened the public hearing on the proposed ordinance which would amend the Planned Unit Development section of the Zoning Ordinance with respect to the Kenzie Terrace Redevelopment Project. • Richard 'Krier of Westwood Planning and Engineering Co. , who is the planning consultant for the project, indicated the language changes -2- in the existing Zoning Ordinance had been designed to permit densities • and building heights for the proposed projects which would make the redevelopment economically feasible . He added that the amendment was written to apply only to redevelopment projects so as not to affect the existing community characteristics . Mr. Bjorklund indicated he perceived there had been a "creep in densities" since the first land use .plan was adopted when between 400 and 500 units had been proposed to be developed on approximately 13 . 7 acres and now the current plan is. for up to 500 units for about 10 .9 acres , with 2 . 71 acres deleted from the project now. Mr. Krier . agreed early 1982 the density had been increased from 37 to about 50 units per acre with the deletion of the triangular site south of Wilson from the Tax Increment District, but said it had become apparent that with the costs of purchasing the eleven homes and one business in that tract and well over $100 ,000 to relocate the residents , the entire project would become economically unattractive for a developer with the prevailing interest rates . Iie added that these properties could possibly be developed later when the interest rates drop . Mr. Krier told Mr. Bjorklund all the changes had been accepted with the resolution of approval of the Tax Increment District passed unanimously by the Commission in June. Mr. Bowerman read the reso- lution and Mr. Bjorklund was shown pages past 42 which he waid were not in his possession which detailed the project as proposed at that time . • When Mrs. Makowske asked Mr. Bjorklund whether he sees the proposed densities as a detriment to the project, the Commission member replied that he is very anxious to see the project succeed, but was concerned that residents might blame him for permitting greater densities in the southern part of the City than have ever been accepted by the community before . He said he would. be uncomfortable with the role of advocate for the project. Mr. Childs told him the role of advocate should rest with the staff and H. R.A. members and that the public had been fully notified of the number of units and densities involved in the project through the City Newsletter and numerous articles carried in the Bulletin , the Star and Tribune , the Northeaster, not to mention the public hearings which had been publicized like the one that evening where no residents had come forth to express any concerns . Mr. Zawislak reported he and Mrs . P4akowske had attended almost all the meetings of the Kenzie Terrace Task Force including the last one where Mr. Kuross had asked whether there was an understanding that both densities and building heights would have to be increased to attract a developer and all those present indicated they could accept the project as proposed. The Planning Commission member said he and Mrs . Makowske had gone door to door in the area around the Kenzie Terrace site getting the reaction of the neighbors including those who had expressed concerns about the senior project planned for the northern • site which is now considered as Phase 1 of the project. -3- Mr. Bowerman noted the conspicuous absence of residents that evening - and said he perceives the Commission had fully discharged its responsi- bility. for informing the public and sufficient public notice of what the project entailed had been given. Mr. Peterson commented that he had always understood that one of the risks of serving on the Com- mission had been that occasionally there would be some criticism of decisions which were taken. Mr. Krier added that the rezoning for any of the projects would have to come before the Planning Commission for their approval with all property owners within 350 feet of the site having to be notified and the notice of the hearing published as well. With publication of H.R.A. meetings , it appeared to the planner that all steps taken would be open to public scrutiny . When asked what would happen if the outcry should be so great that the proposal became economically unfeasible , fir. Krier said he would expect no developer would take on the project without at least a 20 percent return on his investment. Mr. -Jones wondered if the H. R.A. might not be limiting itself with setting '$70 , 000 for a minimum price for each unit and Mr. Krier told him that is only the minimum average cost per unit and the price would probably be higher and for some units with more amenities or which are larger. Fie told firs . Makowske because the buildings would be designed for seniors , some provisions under code requirements would be made for the handicapped. Mr. Bjorklund wanted his displeasure with the density creep to be recorded, but said he would vote for a recommendation of approval • because he is confident the project has a good consultant who would see that .only a dependable developer is given the job. Mr. Krier gave a report on the H. R.A. ' s efforts to find developers saying he anticipates at least three major builders would submit proposals by January 14th and how he thinks those proposals would come in. He is sure all would be interested in the northern site which is the "cream of the projects" , but said the H. R.A. is using Phase 1 as an inducement to undertake the rest of the project. The public hearing was closed at 9 :05 P.M. Motion by Mr. Peterson and seconded by Mr. Bowerman to recommend passage of the ordinance which would amend the Planned Unit Development i within redevelopment areas section for the Kenzie Terrace Redevelopment projects as submitted by the City Attorney , October 19 , 1982 finding that: (1) The proposed amendments would conform to the City ' s Comprehensive Plan and the Kenzie Terrace Redevelopment Plan. i (2) The proposed amendments would conform to the Increment Tax Plan. i (3) There was no opposition to the amendments from the public demon- strated during the Commission hearing. f • (4) The public would be .given another opportunity to discuss any concerns about the project when the required zoning changes are considered at a public hearing before the Commission which would be published and notification made as required by ordinance . F -4- Motion carried unanimously. • Mrs. Makowske requested the Commission be kept informed about H.R.A. _ meetings so a representative could attend. Mr. Childs reported the H.R.A. would be meeting following the Council meeting December 14th and Mr. Bjorklund could stay for that meeting as well. The same would be true for all H.R.A. meetings held the same evening the Commission minutes are reported in the future and staff would notify the Commission of other H.R.A. meetings when they are scheduled. He then answered questions about the failure of the proposed senior housing to get HUD 202 funding, saying Martin Sabo' s office had indicated other projects were considered by HUD to have more "efficient design factors" , which the Manager read to mean without some of the amenities developed for the project in an attempt to blend the City 's development character. The meeting was recessed at 9 : 20 P .M. and reconvened at 9 : 30 P.M. for a motion of commendation of Mr. Berg's services to the Commission after which he was presented with a farewell card and going away gift from the Commission members . Motion by Mr. Bjorklund and seconded by Mr. Bowerman to express the Planning Commission 's appreciation of Ron Berg ' s help , good humor and perseverance in serving the Planning Commission the past years and their best wishes for future endeavors . . Motion carried unanimously. At 9 : 35 P.M. , the Chairman opened the public hearing on the revised Sign Ordinance. The November 30th letter from the City Attorney , in which Mr. Soth suggested several changes in organization of the document and clarifi- cation of certain definitions had been included in the agenda packet and Mr. Berg indicated he perceives none of the changes would contradict any of the revisions made by the Commission. The Manager commented that he had participated in rewriting the sign ordinances for seven cities which involved reading ordinances from about 50 other municipalities and he believes this ordinance to be one of the most reasonable and one of which Mr. Berg , the City Attorney and the Commission can justifiably be proud. Mr. 'Bjorklund indicated he perceives the ordinance would meet the criteria set in one of the seminars he attended for providing good, solid reasons for establishing ordinance requirements . Fie also liked the strong state- ment which indicates the City is serious about enforcement of those requirements . The notice of the hearing had been published, but there was no one present to provide further input and the hearing was closed at 9 : 45 P.M. • It was agreed the Commission should be given an opportunity to study the final draft of the ordinance which had just been provided them. -5- Motion by Mr. Bjorklund and seconded by Por. Bowerman to table action on the revised Sign Ordinance until the next Commission meeting , • January 18th. Motion carried unanimously. Mr. Childs reported the Police have issued two citations to Craig Morris .for illegally lighting of the signage on his shop at 3909 Silver Lake Road. The Chairman noted that the signage is temporary and asked staff to find out when the builder intends to erect the signage for the Anthony Court townhomes which would require the temporary signage to be removed. The Manager also told the Commission members that Chick 's has not yet filed an injunction against the City but continues to conform to the ordinance regulations related to closing time. He indicated he has not received official notice from three Commission members as to whether or not they intend to continue their service on the Commission, but the vacancy created by the resignation of Mr. Sopcinski would be publicized in the Bulletin that week and persons who have indicated an interest in serving in the past are being contacted as well . The Commission adopted a motion wishing each other and staff a Merry Christmas . Motion by Mr. Bowerman and seconded by Mr. Bjorklund to adjourn the • meeting at 9 : 50 P.M. Motion carried unanimously . Respectfully submitted, Helen Crowe , Secretary MEMORANDUM • DATE: December 13 , 1982 TO: Mayor and Councilmen FROM: David M. Childs , City Manager SUBJECT: Planning Commission Terms of Office ---------------------------------------------------------------------- On several occasions , the subject of establishing terms for the City Planning Commission has been addressed. The assignment of terms for Planning Commission is a very common practice and very advisable for several reasons . (1) The appointee is given a definite length of time for which he/she commits to serve , which is valuable both for the Commissioner, as well as the City. (2) Their service is less subject to political changes on the City Council when, for example , there are staggered four year terms rather than the whole Commission being reappointed each year. (3) The likelihood of a complete turnover on the Commission is lessened, thus adding to stability of the process . . As you can clearly see , the arguments for Planning Commission terms have the same basis as the reasoning behind terms for councilmen , legislators , congressmen and other elected and appointed officials . Attached is a memo from Bill Soth regarding the legalities of the process . You will note that an ordinance is necessary . I feel that such an ordinance would be well advised - particularly at a time when two openings on the Commission exist simultaneously (Sopcinski and Peterson have resigned) . The service of history of the five who have requested reappointment is as follows : Bill Bowerman July , 1974 Brad Bjorklund February , 1978 Doug Jones March , 1978 Judy Makowske January, 1980 Bill Zawislak January, 1982 Several alternatives exist such as 4 year terms with 4 members reappointed on a . particular year and three reappointed two years later. Another possibility would be four year terms with two reappointed every year and one on the 4th year. The combinations are endless , of course , and ` I will be happy to devise a system to your liking. DMC/cjk • 0 Almalk ADMINISTRATIVE OFFICES• 3301 SILVER LAKE ROAD MINNEAPOLIS, MINNESOTA 55418 PHONE 789-8881 CITY OF sT. CanTHong January 3 , 1983 Nancy Reeves Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul , MN 55101 Dear, Nancy, The City of St. Anthony is in the process of implementing a major redevelopment project which would result in the acquisition of a blighted shopping area and the construction of up to 500 units • of condominium-type housing , primarily targeted for the elderly and empty nester population . The Kenzie Terrace Project , as it is called , is progressing well and we hope to select a redeveloper within 30 to 60 days . We feel that in our comprehensive planning process , we have carefully studied the various elements of our community , but believe that there is a need for a housing plan for .the City of St. Anthony . Because of budget cutbacks , the position of Administrative Assistant has been deleted from our staffing arrangements and therefore the ability to complete such a plan in a timely manner has been greatly reduced. I am writing to see if the Metropolitan Council staff might be able to assist in preparation of a housing plan for St. Anthony . Please contact me regarding your thoughts and feelings on this request or to set- up a meeting to discuss it if our request is a possibility. Thank you in advance for your assistance. Sincerely , loo David M. Childs City Manager "s•' DMC/cjk CITY OF ST. ANTHONY • COUNCIL MINUTES November 23, 1982 Mayor Sundland opened the meeting with the Pledge of Allegiance at 7 : 30 P .M. Present for roll call : Marks , Ranallo, Sundland , Letourneau and Enrooth. Also present: David Childs , City Manager; and William Soth, City Attorney . (lotion by Councilman (larks and seconded by Councilman Letourneau to approve as submitted the minutes of the Council meeting held November 9 , 1982 . (lotion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to grant a temporary 3 . 2 beer license and permission to conduct Bingo to the St . Charles Women ' s Club for their annual Mardi Gras to be held Sunday , February 13 , 198.3 and to waive the application fees for both permits . • Motion carried unanimously. (Motion by Councilman Ranallo and seconded by Councilman Enrooth to grant a heating license to Air Conditioning Associates , Inc. Motion carried unanimously. (lotion by Councilman Ranallo and seconded by Councilman Marks to approve payment of verified claims listed for October 3lst and November 23rd in the November 23 , 1982 Council agenda. Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Letourneau to approve payment of $3 , 288. 40 to Dorsey & Whitney for legal services during September, 1982 . Motion carried unanimously . Mr. Childs confirmed that all fees included .in the consulting engineer 's billing for their services on the St. Anthony Boulevard Bridge Project had been verified by Mr. Hamer and that there is a credit of $2 , 800 due the City on the original contract negotiated with the firm several years ago, which he added, would bring .the total engineering costs under estimate. (Motion by Councilman Marks and seconded by Councilman Enrooth to approve payments to Short-Elliott-Hendrickson, Inc. of $13 ,028.92 for engineering services on the St. Anthony Boulevard Bridge Project from June 1, 1982 through August 28, 1982 and $5 ,539 .92 from August 23 , 1982 through September 25 , 1982. -2- Motion carried unanimously. • Evelyn Holthus , Chemical Use/Abuse Coordinator and Counselor for the St. Anthony School District, who serves as liaison between the Council and the City Chemical Abuse Information Committee , gave a progress report on the Committee ' s activities the past year and distributed copies of the tentative goals set for 1982-83 . Achievements included involvement of many community organizations in programs such as the Chemical Awareness Month .observed in October and the Committee ' s success in obtaining outside funding for other programs , including the appearance of Carl Eller in the high school Thirty of the 34 St. Anthony physicians and dentists who were contacted agreed to permit the Committee to place informational pamphlets on alcohol and drugs in their waiting rooms , Ms . Holthus reported, and she indicated she agreed with Mayor Sundland that physicians , psychiatrists , school officials , marriage counselors and the clergy are better trained to recognize chemical abuse related problems than they had been in the past. The coordinator reported she would have a Bethel intern working in the school with her. She distributed copies of the Committee ' s November 18th minutes and a listing of persons who had been appointed by the School Board to serve on the Committee as well as those persons she is requesting the Council appoint as the City ' s representatives . A replacement would also be needed for Ruth Hultgren, past president of the Committee , who is moving from the City and Ms . Holthus sug- gested a man might be preferable to provide better balance on the Committee. Mr. Childs indicated he is preparing a Bulletin news release which would let the community know there are vacancies which must be filled on the East Side Hennepin County Human Services Council , the Planning Commission, and this Committee . The Bulletin reporter indicated his paper would cooperate in publicizing these needs . Motion by Councilman Letourneau and seconded by Councilman Enrooth to reappoint Mary Bowling and Jan Stroom to continue their service on the St. Anthony Chemical Abuse Information Committee for 1982-83 . Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Letourneau to appoint Barbara Malerick to serve on the St. Anthony Chemical Abuse Information Committee for 1982-83 . Motion carried unanimously. Councilman Ranallo- commended the Committee for the sensitivity shown in respect to the City 's dependence on its liquor revenues in the type of literature. placed in the City liquor stores , to which Ms . Holthus replied that her group does not see themselves as "temperance" , but rather an advocate of responsible use of alcohol, recognizing the use of alcoholic beverages' is an accepted practice in society today. She also told the Councilman-that, if there is an interest in having a Council member serve on the Committee as in the past, she is certain the Committee meeting dates could be adjusted so as not to conflict with Council meetings . Councilman Enrooth told the coordinator he -3- believes her committee is very unique in that they have accomplished so many of the goals they set for themselves . • The Mayor and the rest of the Council attended the hearing the previous evening on possible siting of a hazardous waste facility in either Roseville or Northeast Minneapolis, in locations .which would be very close to St. Anthony . The general feeling was that they had come away from the meeting with more concerns about how the hazardous wastes would be transported than about the processing procedures . However, Council- man Enrooth indicated he believes the presentation at the North East Junior High School had been too .ambiguous and ill defined as to how volatile the waste materials might be and speculated there might be less opposition to the proposal if there had been a clear indication that those materials might only be paper or motor oil, the disposal of which is commonly accepted. In his letter to Robert Dunn of the State Waste Management Board, the Mayor had questioned why City officials had not been informed that a potential hazardous waste facility was being considered so close to the highly populated City of St. Anthony , which contains a high percentage of elderly persons who would be difficult to evacuate in the event of disaster. He also referred to the October 6th letter to Mr. Dunn from the Roseville City Manager in which Mr. Andre had suggested the pre- liminary area for possible location of the transfer/storage of hazardous waste be a site in Roseville which abuts the Gross Golf Course in St. Anthony . Mayor Sundland noted that Mr. Andre had given several reasons why such a facility should not be sited near Midland Hills • Golf Course in Roseville , which the Mayor perceives would also apply to the Gross area and he reiterated that he believes it would be quite a different thing to force long time residents to either live near a hazardous waste site or move out than to place such a facility in an area which is not fully developed and where the choice could be made to move there. Councilman Marks indicated the hearings and conversations with some of the officials in attendance had convinced him that huge amounts of dangerous chemicals would not be considered for either site and tight controls would be imposed by both the state and federal agencies on the processing. He said he is much more concerned with the undo cessed chemicals which are transported by truck and rail through St. Anthony every day , especially since there have been such drastic cutbacks in funding of the agencies who are supposed to enforce the regulations governing such activities . Councilman Letourneau noted the - City Police and Fire officials have been concerned about these disaster potentials for a long time as well as the unidentified chemicals which show up in the City occasionally . Mayor Sundland indicated he believes the City "should stay .away from taking responsibility for hazardous wastes" . Councilman Marks gave -a listing of future hearings on the preliminary sitings to the Bulletin reporter for publication so area residents would have an opportunity to find out .more about what is being proposed. • The Council had drawn up an employment agreement with Mr. Childs at a Special Council meeting November 15th. -4- Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 82-058. RESOLUTION 82-058 A RESOLUTION AUTHORIZING THE MAYOR OF OF THE CITY OF ST. ANTHONY TO EXECUTE THE EMPLOYME-NT AGREEMENT BETWEEN DAVID M. CHILDS AND THE CITY OF ST. ANTHONY Motion carried unanimously . Councilman Enrootii wondered if there is more the City can do to provide better protection for residents and better public relations for the Police Department than is now provided when family homes are burglarized when the family is away for a funeral or wedding which has been publi- cized. He said he had learned that a family , who had their home broken into once before , had been robbed again last week while they were out of town for a funeral, even though they had taken the precaution of alerting both the Police and their neighbors that they would be away. It was agreed that the Police are very limited as to the service they can provide in these instances and that in cases like this one , where the backyard is hidden from the street and the neighbors , even with the best Crime Watch program, might not be effective. The Manager reported Chief Hickerson is writing an article for the Bulletin address- ing this problem where he would suggest hiring a house-sitter might be money well spent. Councilman Ranallo indicated several ,funer_al directors have told him they are warning families not to leave tneir • homes unattended while they are away . Councilman Letourneau reported seeing signs throughout Wayzata and Minnetonka warning that these are Crime Watch areas and he agreed to take a picture of one of the signs to be shown to the Planning Com- mission for possible use in the City . Pir. Childs indicated that, in addition to publicizing the vacancy left on the Planning Commission by Mr. Sopcinski ' s resignation , he intends to contact those persons who have indicated an interest in serving in the past to see if they would be interested• in, being inter- viewed for the position. He intends to invite Mr. Sopcinski to attend the next Council meeting where a plaque of recognition of his service could be presented to him. Referring to his October Finance Report , Mr. Childs indicated the City is seven percent under budget, but would have difficulty staying in the black if the state fails to make the $57 ,000 aid or 35 ,OOO 'IIomestead Credit payments which had been anticipated and the City finances may be leaner than budgeted for 1983 , if the June aid payment is not forth- coming . The questions the Council had related to the late completion of the St. Anthony Boulevard Bridge project had been satisfactorily answered in the November 11th letter from Jeff Johnson of Short-Elliott-Hendrickson, • Inc. and Mr. Soth confirmed that no formal action by the Council would be required to waive the liquidated charges against the contractor or to extend the contract days so the sodding can be completed when the weather permits- Councilman .Enrooth noted $500 of this billing would be reimbursed by Sunset Cemetery. -5- Motion by Councilman Letourneau and seconded by Councilman Marks to approve Change Order #2 in the amount of $1, 277 for the St. Anthony • Boulevard Bridge Project. Motion carried unanimously. William Zawislak. was present to report the actions taken by the Planning Commission during their November 16 , 1982 meeting as reflected in the minutes of that meeting. He indicated the Commission had recommended the signs requested to identify the two buildings in the St. Anthony Office Park which are now inhabited by Impressions , Inc. , be granted because the total signage would be well below that permitted for buildings that size and the proposed monument signs were designed to conform to the requirements of the Sign Ordinance being developed by the Commission at this time. Motion by Councilman Plarks and seconded by Councilman Enrooth to grant a variance for a freestanding sign, four feet wide and not to exceed three feet high., for the Impressions , Inc. building at 2908 Anthony Lane N.E. , as proposed in Exhibits A and B, finding that the proposed signage satisfied the conditions set in the City Sign Ordinance for granting such a variance as follows : (1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village . • (2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to because there is a need for identification of and a distinction to be made between the two buildings . (3) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable , .generally , to other property within the same land use classification. The Council finds further that: (4) The proposed signage would be compatible to the requirements for monument type signage recommended in the proposed Sign Ordinance. (5) The proposed signage would be compatible with existing signage in the office park. (6) No lighting is proposed for the sign. (7) No opposition to the request was demonstrated during either the Commission or Council considerations. Motion carried unanimously . Motion by Councilman Marks and secornded .by Councilman Enrooth to grant • a variance for a freestanding sign, four feet wide and not to exceed three feet in height, to identify the Impressions , Inc. Annex, The Math Group, Inc. , at 2912 -Anthony Lane N.E. , as proposed in Exhibits A and B, citing the .same findings as for the parent firm at 2908 Anthony Lane N.E. -6- Motion carried unanimously. Public hearings on the proposed Sign Ordinance and the Zoning Ordinance amendments for the H.R.A. projects would be held by the Planning Commis- sion December 7th according to Mr. Childs , who verified it would not be necessary for the Commission meeting scheduled for December 21st to be held. The Mayor noted some of the comments -made by Commission members about what they perceived the ordinance changes might entail and Mr. Zawislak said the concern seemed to be that unacceptable building heights might be permitted to make the project go, but added that the Commission had been provided few specifics on the proposed language changes . The Manager reported Mr. Krier would be in attendance at the hearing to answer any concerns . The November 18th staff notes and listings of the Friday morning meet- ings scheduled by Ramsey County Commissioner Salverda were accepted as informational. It was agreed that all first of the year organizational matters could be handled at the January 11th Council meeting. Motion by Councilman Marks and seconded by Councilman Enrooth to cancel the Council meeting scheduled for December 28th because of the Christmas holidays . Motion carried unanimously. • The Manager and Councilman Enrooth expect to attend the next meeting of the Ramsey County League of Local Government, December 15th , and Mr. Childs agreed to provide more information on the organization at the next Council meeting when a decision could be made whether or not to join. He said his primary interest in attending the meeting is to explain the City ' s position on tax increment financing with which he perceives Ramsey County often differs . The informational meeting for potential developers of the Kenzie Terrace Redevelopment Area was held the previous Friday , -according to Mr. Childs who said of the nine who attended, he anticipated three or four would submit proposals for the Kenzie Terrace Redevelopment Project. Larry Hamer and the Manager are preparing specifications for pulling the pump in Well #3 earlier than anticipated so the Public Health Department testing can be coordinated with the servicing . The Mayor said he understands the VOC' s in the City ' s water supply have stabilized but not enough data is available. to draw any conclusions related to the contamination of the City water supply. In his November 18th memorandum, Mr. Childs had reported that, due to staff negotiations with Hennepin and Ramsey counties , the City would be using less MSA funding for the County Road "D" rebuilding project • than originally anticipated and it. would appear special assessments to -7- abutting property owners would not be necessary on the project because storm sewer costs had been reduced by over $70 ,000 . Mr. Soth had sug- gested several changes in wording be made in Resolution 82-056 which would indemnify the City from criminal liability and clarify that there would be no other liability of costs to the City beyond the costs agreed to in the agreement. RESOLUTION 82-056 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MA14AGER TO EXECUTE THE AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF ST. ANTHONY REGARDING THE USE OF CDBG FUNDS FOR RIGHT-OF-WAY ACQUISITIO14 FOR WIDEWALK CONS^1RUCTION Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau. to adopt Resolution 82-055 ratifying and approving the proposed by-laws of the St. Anthony Firefighters Relief Association as adopted by them on November 10 , 1982 . RESOLUTIO14 82-055 A RESOLUTION RATIFYING THE BY-LAWS OF THE ST. ANTHONY FIREFIGHTERS RELIEF ASSOCIATION Motion carried unanimously . • In his November 19th memorandum, Mr. Childs had discussed the problem the City would have with the request from Hennepin County that Parcel B, the property on which the City has built a fence to designate the walkway into Wilshire Park be auctioned off . He indicated he would see if the County would not instead deed that parcel to the City . Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which approves Hennepin County ' s request that Plat 63604 , Parcel 9020 (_Parcel A) , a forfeited parcel of land , be sold at public auction. RESOLUTION 82-057 A RESOLUTION APPROVING CERTAIN CITY OF ST. ANTHONY PROPERTY FOR PUBLIC AUCTION Motion carried unanimously . Motion by Councilman Ranallo and seconded by Councilman Enrooth to adjourn the meeting at 9 : 10 P.M. Motion carried unanimously . Respectfully submitted, • Helen Crowe, Secretary Mayor ATTEST: City Clerk CITY OF ST. ANTHONY COUNCIL MINUTES December 14 , 1982 Mayor Sundland opened the meeting with the Pledge of Allegiance at 7 : 30 P.M. Present for roll call : Marks , Ranallo, Sundland, Letourneau, and Enrooth . Also present: David Childs , City Manager ; and William Soth , City Attorney . Motion by Councilman Marks and seconded by Councilman Enrooth to approve the minutes for the Council meeting held November 23 ,' 1982 with the following change : Para. 6 , page 6 :. Substitute "no official business was scheduled for that meeting which falls between the Christmas holidays" for "of the Christmas holidays" following "because" in the second line. Motion carried unanimously. Motion by Councilman Letourneau and seconded by Councilman !larks to • approve payment of $3 , 508 . 43 to Dorsey and Whitney for legal services during October, 1982 . Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Enrooth to approve payments to Short-Elliott-Hendrickson, Inc. of $160 . 99 for engineering services on the St. Anthony Boulevard Bridge Project for which the City would be reimbursed by the Sunset Memorial Cemetery Association; $160 . 16 - for services from May 23rd through October 23 , 1982 , and $1 , 110 . 63 for provision of MSA information from January through December 4 , 1982 . motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Letourneau to approve payment of $3 , 268. 87 to the U.S. Department of Transportation covering St. Anthony 's share of the railroad crossing signals installed on Stinson Bculevard , which amount would be taken from MSA funding . Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Enrooth to approve payment of all verified claims listed in the December 14 , 1982 Council agenda. • Motion carried unanimously. Copies of the billing from Matheny Construction for their services on the St- ?;..A^:: hdny Boulevard Bridge Project to date had been distributed. Mr. Childs confirmed- that this :statement did not include $2 , 421.98 retainage or the cost of sodding which would be deferred until spring. Motion by Councilman . Letourneau and seconded by Councilman Ranallo to approve payment of $9 ,621. 86 to Matheny Construction for their services • on the St. Anthony Boulevard Bridge Project. Motion carried unanimously. A plaque of appreciation for the City 's support of the St. Anthony High School All Class Reunion, October 15th and 16th , was presented to Mayor Sundland by .James Thill, 5961 Benjamin Street N.E. ; Peter Beberg 3931 10th Avenue N. , Anoka; and Linda Prentis , 8376 Greenwood Drive, members of the reunion steering committee . Mayor Sundland accepted the plaque "with pride" indicating he perceives all Council members thoroughly enjoyed their participation in the event. John Rose, who was recently reelected to the Minnesota State Legisla- ture and who represents St. Anthony , indicated he was present to dis- cuss the impact actions taken by the legislators during the special session might have on the City . He said that, as painful as the budget cuts the legislature had taken might be , he believes unallotting by the Governor would have been much more disastrous for local govern- ments and probably inappropriate to have the executive branch , rather than the legislative doing the cutting. As an example , Representative Rose said the St. Anthony school district would have been cut $162 . 60 per student under the allotting process , where only $17 .90 was cut by the legislature. Councilman Clarks mentioned that local as well as state employees had • been concerned by the pension cuts which were made and he wondered whether the entire program of budget cuts would be nullified if the P .E . R.A. lawsuit against the cuts were successful . Representative Rose replied that, with a sixty-one million dollar shortage , the budget probably wouldn' t be balanced at the end of the biennium as required by law, since there are very few options remaining before January lst. He said even the DFL legislators had recognized it would be preferable for public employees to make between $500 and $600 payments to their own pension plans than to have 35 ,000 public employees laid off if the P .E. R.A. cut had not been made . He would return periodically to report on matters which affect the City , Representative Rose promised . Certificates of Appreciation for approximately three years of service each on the Planning Commission, were presented by the Mayor to Ray Sopcinski and Irvin Peterson who had indicated they would be unable to continue that service in 1983 . The Mayor told them he only hopes the City would be able to replace them with persons who are as competent and who would aid the planning process to the extent they have. Councilman Ranallo gave the highlights of his attendance at the National Conference of Cities in Los Angeles , California in November and indicated he would like to see all Council members able to attend conferences informative as this had been. The Councilman reported President Rea- gan ' s message to the conference had been that cities must help themselves and not rely on either the state or national governments • during a budget crunch. One of the points made by other conferees , Councilman* Ranallo- reported, had been that the City has to be certain -3- adequate charges are made for services rendered . One of the areas • the Councilman perceives where this might be true would be the park system where the people who use the parks should pay for the services . Some cities even charge for snow plowing and Councilman Ranallo indicated the Council might keep this in mind if there is a strong demand for branch collections in the spring. St. Anthony is ahead of other municipalities with the Employee Service Recognition Program recently put in place as well as for its recognition of- services of City volunteers . Conversations with other officials at the conference had led the Councilman to believe the senior housing project might have fared better with H. U. D. if there had been a personal contact with the Washington D.C. officials since he learned the H .U.D. officials like to go over the plans and objectives of the programs with the appli- cants . Mayor Sundland indicated he plans to reactivate the senior housing project application with those officials when he attends the League of Cities conference in Washington in March. Councilman Marks reported a Diamond Eight resident had complained to him that it had taken over a year for the landlord to replace a broken window, and that had been done only after a letter from the Attorney General had been posted on the apartment bulletin board. He would be very reluctant to have the City interfere in such a matter, Councilman Ranallo said, until he had seen the lease to determine whose responsibility the window was and had • determined just how the window had been broken. When Councilman Marks commented that there was no security system for that complex and asked whether other municipalities have ordinances requiring security locks , Councilman Letourneau told him his work takes him into many apartment complexes all over the metropolitan area and there seems to be no consistency within any particular city for providing security . Mr. Childs noted that there are more burglaries reported in the Equinox apartments which has security locks , than in Diamond Eight and it was also noted that, even where locks are provided, the doors are often propped open for children and the elderly . He indicated he would research other municipalities ' policies related to security locks . . .and whether the City ' s ordinance requires periodical testing of smoke alarms in apartment complexes . The Police Department report for October and the Liquor Operations report for November were noted and accepted as informational as were the November 18th Chemical Abuse Information Committee minutes . (These were distributed by Evelyn Holthus at last meeting as reported in the minutes . ) Brad Bjorklund reported the minutes of the Planning Commission meet- ing held December 7th , which included the Commission 's recommendation that the ordinance which would . amend the City Zoning Ordinance for the -Kenzie Terrace Redevelopment projects be passed by the Council as' written. Iie explained to Councilman Ranallo that the finding that -4- the public would be afforded the opportunity of reacting to zoning changes for the project had been included in the findings because that had been a deciding factor for some Commission members to vote affirmatively for the approval recommendation. Motion by Councilman Marks and seconded by Councilman Enrooth to approve the first reading of Ordinance 1982-012 . ORDINANCE 1982-012 AN ORDINANCE RELATING TO PLANNED UNIT DEVELOPMENTS WITHIN REDEVELOPMENT AREAS ; ADDING PARAGRAPH 7 TO SUBDIVISION 1 ; AMENDING PARAGRAPHS 1 AND 6 OF SUBDIVISION 3 , AND PARAGRAPH 5 OR SUBDIVISION 4 OF SECTION 13 OF THE ZONING ORDINANCE ATTACHED AS APPENDIX 1 TO THE 1973 CODE OF ORDINANCES Motion carried unanimously . Mr. Bjorklund concluded his report by indicating the Commission members believe it is imperative to have the vacancies on that body filled as soon as possible . Mr. Childs reported the state aid cut of $9 , 200 had been much less than anticipated and left the City with a 15 percent cut in state aid for 1982 . The Manager indicated it now appears the City would end t-,e year eight percent under budget, which he attributes to the fore- sight and cooperation of the Council in cutting expenditures to • the same degree. Councilman Ranallo agreed , saying the municipalities who are in real trouble this year are those who refused to face the realities of the state ' s budgetary problems and the Mayor indicated he believes a lot of credit is due to Por. Childs who kept the Council informed about the state ' s failure to project revenues accurately . In his December 8th memorandum, Fire Chief Entner had reported that the $750 budgeted for a-ir mask conversions would probably not be expended in 1982 because of problems with the vendor and requested assurance that the same amount would be available for this purpose in 1983 . Motion by Councilman Marks and seconded by Councilman Ranallo to authorize that the $750 budgeted for air mask conversion would be included in the Fire Department budget to be paid from the Council ' s Contingency Fund. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to adopt the resolution which authorizes the application by the City for conveyance from Hennepin County of that parcel of land which serves as a pathway to Central Park. • RESOLUTION 82-059 A RESOLUTION AUTHORIZING THE MAYOR AND THE PUBLIC WORKS DIRECTOR TO SIGN THE APPLICATION FOR CONVEYANCE OF TAX FORFEITED LANDS -5- Motion carried unanimously . • Alan Kaeding who had served as Chairman of, the St. Anthony Cable T.V. Advisory Committee reported the final actions which must be taken to maintain a cable system in the City now that the North Suburban Cable Communications had been dissolved, which would require passage of a resolution authorizing the joint and coopera- tive agreement under which cable television franchise would be administered by the North Suburban Cable Commission as well as appointment of a Director and Alternate to represent the City on that Commission 's Board of Directors . Mr. Kaeding had previously con- sented to take the directorship for at least two years . The Mayor reported he had attended a luncheon sponsored by the Group W franchise firm where he had been presented with a check for $15 ,000 , representing the City ' s share of the dissolved commission' s assets which could now be used as the City ' s initial contribution to the new commission. Motion by Councilman Marks and seconded by Councilman Enrooth to adopt the resolution which accepts the joint agreement for administra- tion of a cable communication system and which designates Alan Kaeding, 3909 Shamrock Drive , to serve as Director on the North Suburban -Cable Commission Board of Directors and provides for the appointment of Glen Puncochar, 3104 Townview Avenue N.E . , as Alternate in the event David Mikkelson , 2601 Silver Lane N.E. de- clines to serve in that capacity . • RESOLUTION 82-060 AUTHORIZING THE JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM Motion carried unanimously . Hilly Getman and John Madden of 3523 and 3501 37th Avenue N.E . , residents of Fosston Townhomes , were present to discuss the 37th Avenue reconstruction project for which the Council was considering a resolution which would approve the right-of-way pl.ans . The former said she had been speaking in opposition to the construction of a four lane highway in front of her home since 1974 but at this point was resigned to the fact that such a roadway with sidewalks would be constructed in spite of her opposition. However, she was still concerned about the appearance of . the proposed wall which is planned to protect the existing trees on the boulevard and she believes a semaphore would have to be provided at Foss Road to protect the children crossing at that intersection to reach Wilshire School. Mr. Childs told her he would contact Ramsey County officials re- garding construction of a retaining wall using materials which would be compatible with the townhouse exterior and reported he had already been informed that wrought iron rather than chain link fencing would be used. • Mr. Madden said he believes the sidewalks would have to be eight feet wide to match the sidewalks New Brightonis building along that side of the street. He also wanted the Council to be aware that -6- many property owners along 37th Avenue would not favor a semaphore • because of the noise generated by vehicles starting and stopping all night long. - Councilman Marks recalled that when he was Chairman of the Wilshire PTSA the safety of the children crossing 37th had been the primary concern when the first plans for rebuiding the road were considered. He said a decision had been made at that time to bus the children who lived north of 37th because that would be less expensive than to rely on a stop sign or a warning light or to construct a walkway over the road. Councilman Ranallo told Ms.. Getman he had been one of those who had petitioned Hennepin County to install a semaphore at the intersection of Lowry Avenue and Stinson Boulevard as a protection for the child- ren who crossed that intersection several days to and from school . At that time the County had indicated the traffic counts did not justify the semaphore but two years later when the new bank was in operation, the County had decided the traffic controls were necessary after all. The Councilman said the same might be true after the new roadway on 37th is in operation. Mayor Sundland said he would not oppose having another traffic count if the traffic increases with the new roadway . He thanked the two property . owners for their input to the consideration. , Motion by Councilman Marks and seconded by Councilman Ranallo to adopt Resolution 82-061 . RESOLUTION 82-061 A RESOLUTION APPROVING THE 37TH AVENUE RECO14STRUCTION RIGHT-OF-WAY PLANS Motion carried unanimously . The Manager reported the staff had selected an engineer to pull Well #3 to determine the levels and sources of water contamination at a cost not to exceed $3 ,600 . Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 82-062 . RESOLUTION 82-062 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN - AGREE- MENT WITH BONESTROO AND ASSOCIATES FOR ENGINEERING SERVICES Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to adjourn the meeting at 9 :00 P.M. Motion carried unanimously. • Respectfully submitted, ATTEST: Helen Crowe , Secretary City Clerk Mayor CITY OF ST. ANTHONY • HOUSING AND REDEVELOPMENT AUTHORITY MINUTES December 14 , 1982 The meeting was called to order by Chairman Sundland at 9 : 15 P .M. 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; Richard Krier, Westwood Planning and Engineering Co. ; and Brad Bjorklund, Planning Commission Representative . Motion by Commissioner Ranallo and seconded by Commissioner Enrooth to approve as submitted the minutes of the H.R.A. meeting held November 9 , 1982 . Motion carried unanimously. The proposed format for a redevelopment contract which could be sub- mitted to developers when they present their proposals had been re- written by the Attorney , as indicated in his cover letter of December 8th. Mr. Soth said the only major change he had made was to incorpor- ate Mr. Krier's recommendation that only 25 percent of the project total, or $750 ,000 , Letter of Credit be required of the developer . The planner explained that this is the amount customarily required by both Minneapolis and St. Paul so the H.R.A. won 't end up with nothing to show for the risk taken initially and he added that there is very little chance that a builder would walk away from a $750 ,000 invest- ment. The amount of the Letter of Credit would be reduced as the different phases of the project are completed , he added . Mr . Soth noted that no court action would be required to cash in the Letter of Credit in the event of default. Mr. Krier reiterated that there could be no acquisition of property in phase 2 until all the plans and specifications are in, including architectural engineering which would require at least a five percent investment from the developer. However, he confirmed that phase 2 would still be tied in with the northern portion which is the "cream" of the whole development. Motion by Vice Chairman Letourneau and seconded by Commissioner Enrooth to approve the format of the redevelopment contract as submitted under which the Kenzie Terrace Redevelopment Project would be constructed. Motion carried . unanimously . In his progress report, Mr. Krier indicated the Eberhardt Company who manages the north shopping center and who had been working with the • sponsors of the senior housing project across Kenzie Terrace, appears to be seriously considering a major renovation program for the center and would be willing to join in on the senior housing if it is resurrected -2- for the area where the bowling alley and oriental restaurant are now. The planner said he had told the Eberhardt representative the City would consider using revenue bonds for the commercial development and intends to reapply for 202 funding for the senior project. He agreed with Commissioner Ranallo that it couldn ' t hurt to have the City make personal contact with the Washington , D.C. H.U.D. officials , but indicated he personally perceives Senator Durenberger, because, of his interest in local government, might be the best source of help . Although most of the developers he has contacted have told him they are undertaking the whole redevelopment project at the same time would be a big chunk for them to bite off , Mr. Krier reported on of these , Kraus Anderson, had demonstrated an interest in joining with a residential builder to develop the whole project. The planning con- sultant gave the names of developers he anticipates would submit proposals and said none of the smaller firms had been discouraged from making a proposal even if only for phase 1 because there is always the possibility they might be coupled with a larger firm later in the process . The Secretary/Treasurer indicated he would like to attend the March conference in Washington , D.C. where he could utilize some of the political contacts he made during his campaign to lobby for the 202 funding for the senior project. The Vice Chairman saw the conference as an opportunity for better educating himself for the position he holds in the H. R.A. The Mayor said one of the advantages he sees for contacting H .U. D. officials personally would be to at least "find out what the ground rules might be for getting funding" . It was agreed that one advantage the City might have was that the project would have both the support of a Democrat Congressman , P7artin Sabo , and a Republican Senator, Dave Durenberger. Councilman Enrooth indicated that, although he had initially shared some of the doubts his fellow officials had expressed about the value of conferences , he had come to believe as he perceives they have , that such meetings serve as relatively inexpensive educational tools where the information provided cannot be gotten elsewhere . He said he would like to attend the conference in New Orleans next year . Mr. Bjorklund noted the invaluable information lie had gotten about associated housing and other planning issues at the land use and plan- ning seminar he attended in November and the general consensus was that Planning Commission members should also be encouraged to attend as many planning seminars as possible to become better educated for their duties on the Commission. Motion by Secretary/Treasurer Marks and seconded by Commissioner Enrooth to adjourn the meeting at 9 : 55 P.M. with a heartfelt wish for a Merry Christmas for their fellow H.R.A: members as well as for the staff and the entire City . Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary