HomeMy WebLinkAboutPL PACKET 10171995 (2) Meeting Sheet
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Box: 20
Folder: PL PACKETS 1995
Document: PL PACKET 10171995
October 11, 1995
To Whom It May Concern:
As legal counsel for the City of St. Anthony in the Pirino matter, the City Council has asked me
to relate its side of the story. The City has indicated that it would never want to cause problems
to any family or business in the City at any time. The City takes great pride in taking care of its
constituents by providing the best possible services that can be provided. However, the.Council
feels, as with any dispute, there are two sides to report. Accordingly, it offers the following:
First, the house and garage were placed contrary to initial plans submitted to the City.
Second, the setback issue was in relation to the garage, not the house. The Pirino family could
have continued working on the house while trying to work out the garage issue.
Third, after the variance was denied, the Pirinos delayed for almost a year before suing the City
seeking to have the Council's decision reversed. During that year they did little, if any, work on
their house, which they could have done even before they filed suit.
Fourth, the Pirinos sued the City, the City did not sue them. The City only reacted to this lawsuit
as it would to = other lawsuit.
Fifth, in 1994, after the Court of Appeals turned down their damage request, the Pirinos asked
for $6,000 in an attempt to end this situation. The City offered $5,000 to settle the matter,
provided the Pirinos rectify the code violations and complete the house. This was tentatively
accepted by them; however, as time went on, they decided not to take it and came back requesting
$18,000 in cash and asking the City Council to sign in order to refinance their mortgage. This
is something the City cannot legally do.
Sixth, the City allowed the Pirinos to pour the concrete for the garage before they applied for the
variance. However, the City did this only after Mr. Pirino stated to the City that if the variance
was not approved, he would remove the concrete. The family took the chance of spending money
and knew all along that there was a chance that their request would not be approved. This is
verified in minutes from the Planning Commission 1990.
October 6, 1995
Page 2
Last, the City gave the Pirinos a Certificate of Occupancy to occupy the house before it was
completed so they would not have to pay for other housing arrangements, in spite of the fact that
the City should not have provided the occupancy permit until the house is completed. There were
two pages of code violations that needed to be corrected on the house before the occupancy should
have been issued.
The City tried to the best of its ability to work with the Pirinos without causing any hardship on
either the family or the City.
The facts that the City allowed them to pour the concrete for the garage before the variance was
considered, issued a Certificate of Occupancy before the house was completed, and offered the
family $5,000 even after the Appeals Court ruled that the City was not liable for damages, shows
that the City worked very hard with this family in an attempt to resolve this situation.
We hope this answers some of the concerns regarding this issue.
Sincerely,
Thomas L. Grundhoefer
Attorney for the City of St. Anthony
STAFF REPORT
DATE: September 14, 1995
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: LIVABLE COI%BlL-,N-ITIES ACT
The 1995 Legislative Session approved a Metropolitan Livable Communities Act. The Act
requires the Met Council and the City to negotiate housing goals on affordability and
ownership and rental. The City of St. Anthony currently has more rental units than the
Metropolitan Council requires and less ownership. So; one goal would be to increase the
numbers of single family ownership.
As we discussed earlier, the City either meets or exceeds all of the goals of the Livable
Communities Act. Because of that and because we are fully developed, this Act will have
very minimal impact on St. Anthony. In order to participate, the City Council must do the
following:
1) adopt a resolution by November 15, 1995 (resolution attached);
2) adopt goals by December 14, 1995. These goals can be achieved over a 15 year period
and remember, they are just goals (this is also attached); and
3) develop an action plan by June 30, 1996.
Staff recommends that the City participate in this Act for the following reasons:
a) access to grants and other outside funding;
b) the City will avoid being reported to the Minnesota Legislature as a non-participating
City;
C) the City won't have difficulty amending the Comprehensive Plan;
d) St. Anthony currently meets or exceeds all of the goals, plus we are fully developed, so
the impact on the City is minimal. A major redevelopment project in the City will not
impact the numbers enough to impact the benchmark established by the Metropolitan
Council.
Livable Communities Memo
Page 2
e) the League of Minnesota Cities and the Association of Metropolitan Municipalities
recommends participation;
f) it's an annual participation, so we are only committing-for a year; and
g) remember, it's just goals, we are not bound by them if we don't achieve them.
DRAFT
HOUSING GOALS AGREE!NIENT
�1ETROPOLITAN LIVABLE C0INMIN-1UNITIES ACT
PRINCIPLES
The city of St. Anthony supports:
1. A balanced housing supply, with housing available for people at all income levels.
2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and
location of housing within the community.
3. A variety of housing types for people in all stages of the life-cycle.
4. A community of well-maintained housing and neighborhoods, including ownership
and rental housing.
5. Housing development that respects the natural environment of the community while
striving to accommodate the need for a variety of housing types and costs.
6. The availability of a full range of services and facilities for its residents, and the
improvement of access to and linkage between housing and employment.
GOALS
To carry out the above housing principles, the City of St. Anthony agrees to use
benchmark indicators for communities of similar location and stage of development as
affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best
efforts, given market conditions and resource availability, to maintain an index within the
benchmark ranges for affordability, life-cycle and density. ±AL
CITY INDEX IF
BENCHMARK GI J �
Affordability atif x
Ownership 77% 77-87%
Rental 45% 45-50%
Life-Cycle
Type(Non-single family �/�r49� 3341%
detached)
Owner/renter Mi: 61/39% (64-75) /
(25-36)%
Density
Single-Family Detached 3.2/acre 2.3-2.9/acre
Multifamily -Wacre 13-15/acre
To achieve the above goals, the City of St. Anthony elects to participate in the Metropolitan
Livable Communities Act Local Ho sing Incentives Program, and will prepare and submit
a plan to the Metropolitan Council y June 30, 1996, indigating• a actions it will take to
carry out the above goals. K
CERTIFICATION ��;`� � U
Mayor ����, �; �' Date
CITY OF ST. ANTHONY
RESOLUTION 95-051
A RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1996
WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255)
establishes a Metropolitan Livable Communities fund which is intended to
address housing and other development issues facing the metropolitan area
defined by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and
the Local Housing Incentives Account, is intended to provide certain funding
and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under
the Metropolitan Livable Communities Fund or eligible to receive certain
polluted sites cleanup funding from the Minnesota Department of Trade and
Economic Development unless the municipality is participating in the Local
Housing Incentives Account Program under Minnesota Statutes section 473.254;
and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to
negotiate with each municipality to establish affordable and life-cycle housing
goals for that municipality that are consistent with the promote the policies of
the Metropolitan Council as provided in the adopted Metropolitan Development
Guide; and
WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council
the actions the municipality plans to take to meet the established housing goals;
and
WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the
negotiated affordable and life-cycle housing goals for each municipality by
January 15, 1996; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year;
and
Resolution 95-051
Page 2
WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under
Minnesota Statutes section 473.254 only if: (a) the municipality elects to
participate in the Local Housing Incentives Account-Program by November 15,
1995; (b) the Metropolitan Council and the municipality successfully negotiate
affordable and life-cycle housing goals for the municipality; and, (c) by January
15, 1996 the Metropolitan Council adopts by resolution the negotiated
affordable and life-cycle housing goals for each municipality.
NOW, THEREFORE,.BE IT RESOLVED, that the City of St. Anthony hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable
Communities Act during calendar year 1996.
Adopted this 10'6- day of Qe fo 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City MaLager
I CITY OF ST. ANTHONY
'02 CITY COUNCIL REGULAR MEETING MINUTES
3 SEPTEMBER 12, 1995
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
9 Also Present: Michael Morrison, City Manager.
10 III. APPROVAL OF SEPTEMBER 12, 1995 COUNCIL AGENDA.
11 Motion by Marks, second by Fleming to approve the September 12, 1995 Council Agenda as
12 presented.
13 Motion carried unanimously.
14 IV. APPROVAL OF AUGUST 22, 1995 COUNCIL MINUTES.
15 Motion by Marks, second by Enrooth to approve the August 22, 1995 Council minutes as
presented.
17 Motion carried unanimously.
18 V. LICENSES/PERMITS/PETITIONS.
19 Motion by Marks, second by Wagner to approve the following licenses:
20 Heating License
21 P.R.S. Mechanical, Inc., Minneapolis, MN (working at 3324 Skycroft Drive)
22 Care Air Conditioning&Heating, Inc.,New Brighton, MN (working at 3107 Silver Lake
23 Road)
24 Motion carried unanimously.
25 VI. PRESENTATION OF CLAIMS.
26 Motion by Marks, second by Enrooth to approve the following claims:
27 A. Braun Intertec in the amount of$2,922.25 for services rendered May 1, 1995 through
28 July 14, 1995 for 1995 Street Reconstruction Project.
29 B. Norwest Banks in the amount of$36,172.50 for debt service payment due October 1,
30 1995.
31 C. St, Anthony Fire Relief Association in the amount of$20,118.00.
0 D. 5 pages of Verified Claims as presented by the Finance Director.
33 Motion carried unanimously.
City Council Regular Meeting Minutes
September 12, 1995
Page 2
1 VII. REPORTS.
2 A. Mayor.
3 1. Proclamation of Kiwanis Peanut Day,
4 Ted Holsten, Kiwanis, was present at the meeting to request that Friday, September 29,
5 1995 be set aside in St. Anthony Village for the sale of peanuts.
6 Motion by Marks, second by Wagner to proclaim Friday, September 29, 1995 as Kiwanis
7 Peanut Day in St. Anthony Village.
g Motion carried unanimously.
9 B. Council,
10 Wagner reported his attendance at a recent meeting of the Community Service Advisory
11 Council. He stated Dick Johnson was re-elected as President and Bill Sauer was re-
12 elected as Vice President for the Council.
13 Wagner also reported Glen Seefeldt spoke at a recent Kiwanis Club meeting in regard to
14 the Healthy Youth, Healthy Community. He indicated they are looking for people to
15 become involved with their task force.
16 Enrooth reported the Village Fest Committee will meet again once before Christmas.
17 C. City Manager,
18 City Manager Mornson reminded the Council of the ground breaking of the Village
19 Commons on September 14, 1995 at 4:30 p.m.
20 Mornson reported the invitation to bid on the Community Service Center was published
21 in the Bulletin this week. The bids are due on October 17. There was Council consensus
22 to schedule a special meeting to consider the bids for October 18, 1995 at 5:00 p.m. The
23 bond will be set at the regular City Council meeting on October 24, 1995. The award of
24 the sale of the bond will be on November 27, 1995. There was Council consensus to
25 have two signs for the new building. One ground sign and one building sign. There was
26 also Council consensus as to the type of council table to purchase.
27 Morrison reported Clayton Olson will retire the end of the year and the Public Works
28 Department will be hosting a going away party on October 26, 1995 at Apache Wells.
29 VIII. PUBLIC HEARING -None. 0
City Council Regular Meeting Minutes
September 12, 1995
Page 3
*1 IX. NEW BUSINESS
2 A. Resolution 95-045. re: Changes of Council Meeting Dates.
3 Motion by Fleming, second by Marks to approve Resolution 95-045, regarding changing
4 the dates of the regular Council meetings.
5 Motion carried unanimously.
6 B. Resolution 95-046. re: Set 1996 Tax Lew and Budget.
7 Motion by Enrooth, second by Wagner to approve Resolution 95-046, regarding setting
8 the City of St. Anthony proposed 1996 tax levy and budget in compliance with the Truth
9 in Taxation Act.
10 Motion carried unanimously.
11 C. Liquor Operations Uncollectible Checks in 1994.
12 Motion by Marks, second by Enrooth to approve the write off of the St. Anthony
13 Municipal Liquor Store 1994 uncollectible checks in the amount of$3,004.05.
14 Morrison indicated this amount had improved from previous years. Staff was directed to
Winvestigate the cost of a service to verify checks.
16 Motion carried unanimously.
17 D. Award Bid for Purchase of a Front End Loader.
18 Motion by Marks, second by Fleming to accept the low bid of$59,533.00 from Midwest
19 Machinery for the purchase of a front end loader.
20 Motion carried unanimously.
21 Mornson indicated the Arbors ground breaking is scheduled for October 3, 1995 at 5:00 p.m. A
22 Council work session will follow at 6:00 p.m. with the budget review scheduled for 7:00 p.m.
23 X. UNFINISHED BUSINESS - None.
24 XI. ADJOURNMENT.
25 Motion by Marks, second by Enrooth to adjourn the meeting at 7:25 P.M.
26 Motion carried unanimously,
27 Respectfully submitted,
�8 Lorri Kopischke
j TimeSaver Off Site Secretarial '
_' '/�M
30 aL'
31 Mayor
32 ATTEST:
33 City Clerk
1 CITY OF ST. ANTHONY
2
CITY COUNCIL REGULAR MEETING MINUTES
W SEPTEMBER 26, 1995
5
6 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
7 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
8 Ranallo.
9
10 II. ROLL CALL.
.11 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
12 Also Present: Michael Mornson, City Manager
13
14 III. APPROVAL OF SEPTEMBER 26, 1995 COUNCIL AGENDA.
15 Motion by Wagner, second by Fleming to approve the September 26, 1995 Council Agenda as
16 presented.
17
18 Motion carried unanimously,
19
20 Mayor Ranallo acknowledged that candidate for City Councilmember Jerry Faust was in
21 attendance at the.meeting.
22
23 IV. APPROVAL OF SEPTEMBER 12, 1995 COUNCIL MINUTES.
Motion by Marks, second by Enrooth to approve the September 12, 1995 Council minutes as
presented.
26
27 Motion carried unanimously.
28
29 V. LICENSES/PERMITS/PETITIONS.
30 Motion by Marks, second by Enrooth to approve the following licenses:
31 Heating License
32 A-1 Roostmaster, Inc., Woodbury, MN (working at 3216-35th Avenue NE)
33 Constructors License
34 Tom Walek Construction, St. Anthony, MN (re-roof at 3314 Belden Drive)
35 Shaw-Lundquist Associates, Inc., St. Paul, MN (working at the High School)
36
37 Motion carried unanimously.
38
39 VI. PRESENTATION OF CLAIMS.
40 Motion by Marks, second by Wagner to approve the following claims:
41 A. Rieke Carroll Muller Associates. Inc. in the amount of$5,264.97 for professional services
42 rendered from July 23, 1995 to August 26, 1995 for St. Anthony 1995 streets/construction.
43 B. Foster. Ojile. Wentzell & Breyer. LLC in the amount of$2,400.00 for professional
44 services rendered for the month of September, 1995.
C. 5 pages of Verified Claims as presented by the Finance Director.
6
47 Motion carried unanimously,
I City Council Regular Meeting Minutes
2 September 26, 1995
3 Page 2 .
4
5 VII. REPORTS.
6 A. Mayor. None.
7 B. Council,
8 Wagner reported that at the request of Mayor Ranallo he had filled in at the ground
9 breaking ceremony at the High School. He stated there were approximately 30-40 people
10 in attendance. Wagner also reported his attendance at the ground breaking at Wilshire
11 Park. He indicated his function had a much better attendance and Senator Marty was there
12 and spoke to the children.
13
14 Wagner reported Dave Abrahamson's mother had passed away. The reviewal will be
15 September 27 from 4:00 P.M. to 8:00 P.M. and the funeral September 28 at 11:00 A.M.
16
17 Wagner reported he had attended the open house at Wilshire School and that function was
18 very well attended.
19
20 Fleming reported her attendance at the ground breaking at Wilshire and was most
21 appreciative of her visit with Senator Marty. She also commended City Manager Mornson
22 and thanked him for his time spent on the south end flooding issue.
23
24 Fleming thanked Don Perry for his letter explaining the St. Anthony Municipal Liquor •
25 Store 1994 uncollectible checks.
26
27 Fleming questioned the police report describing an incident of dismantling a transient's
28 house. Ranallo indicated in the past, transients have been found along the railroad tracks.
29 The only difference here was that the transient had erected a shelter with sleeping bags.
30
31 Enrooth reported his attendance at the ground breaking at the High School and at Wilshire.
32
33 Ranallo apologized for not attending the ground breaking ceremonies but with only a six
34 day notice, his schedule did not allow it.
35
36 C. City Manager,
37 City Manager Mornson reported the ground breaking of the Arbors Development was
38 scheduled for October 3, 1995, at 5:00 P.M. He indicated he had stopped by the site this
39 evening and two structures have already been tore down and work on the third was being
40 started. Morrison stated there will be a budget work session following the Arbors ground
41 breaking on October 3, 1995 at 5:45 P.M.
42
43 Mornson reported the Chamber of Commerce is compiling a resident booklet for St.
44 Anthony residents which will include two pages of history at no cost. There is also the
45 option to take out a full page add at a minimal charge. •
46
47 VIII. PUBLIC HEARINGS - None.
I IX. NEW BUSINESS.
2 A. Resolution 95-047. re: Set Date for Special Council Meeting,
0 Motion by Fleming, second by Enrooth to approve Resolution 95-047, regarding setting a
4 date for a special City Council Meeting for Wednesday, October 18, 1995 at 5:00 P.M.
5
6 Motion carried unanimously.
7
8 B. Resolution 95-048. re: Drug and Alcohol Testing
9 Motion by-Marks, second by Fleming to adopt Resolution 95-048, regarding approval of
10 participation in a drug and alcohol testing program and an independent testing laboratory.
11
12 Mornson confirmed this was a mandated program and there were no funds provided.
13
14 Motion carried unanimously.
15
16 Mr. Frank Budnicki, 3124 Wilson, inquired as to the status of Apache Plaza.
17
18 Mayor Ranallo indicated First Bank now owns Apache Plaza. First Bank has set up a corporation
19 called St. Marie and they will either sell or redevelop the property. They have hired Wellington
20 Corporation and St. Croix Real Estate to assist in the process of selling or redeveloping. Ranallo
21 noted CUB Foods and Knox Lumber are still interested in locating in Apache Plaza.
22
4 X. UNFINISHED BUSINESS - None.
25 XI. ADJOURNMENT.
26 Motion by Marks, second by Wagner to adjourn the meeting at 7:26 P.M.
27
28 Motion carried unanimously,
29
30 Respectfully submitted,
31
32 Lorri Kopischke
33 TimeSaver Off Site Secretarial
34
35
36
37 Mayor
38
39
40 ATTEST:
41 City Clerk
42
43
44