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HomeMy WebLinkAboutCC MINUTES 06282005t CITY OF ST. ANTHONY ? CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 2005 4 5 CALL TO ORDER- 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 10 11 ROLL CALL. 12 Present: Mayor Faust; Councilmembers Horst, Stille, and Thuesen. 13 Absent: Councilmember Gray. 14 Also Present: City Manager Mike Morrison and City Attorney Jerome Gilligan. 15 16 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 17 ITEMS. 18 19 I. APPROVAL OF JUNE 28, 2005 CITY COUNCIL MEETING AGENDA. 20 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to approve the City 21 Council Meeting Agenda of June 28, 2005. 22 23 Mayor Faust noted Item VI.B. Police Department 2004 Annual Report will not be given. 24 Motion carried unanimously, 20 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 III. CONSENT AGENDA. 31 A. Consider June 14, 2005 Council meeting minutes 32 B. Consider licenses and permits. 33 C. Consider payment of claims. 34 D. Resolution 05 -053, re: Consider approval of City's Insurance Renewal 35 36 Motion by Councilmember Stille, seconded by Councilmember Horst, to approve the Consent 37 Agenda items. 38 39 Motion carried unanimously. 40 41 IV. PUBLIC HEARINGS. 42 None. 43 44 V. REPORTS FROM PLANNING COMMISSION, TODD HANSON, PRESENTING. 45 A. Resolution 05 -054, Requesting a variance for the rear yard at 2513 West Armour Terrace 46 Commissioner Hanson noted there were four public hearings at the last Planning Commission meeting. A public hearing was held for the variance request at 2513 West Armour Terrace. City Council Regular Meeting Minutes June 28, 2005 Page 2 Commissioner Hanson stated a request by Mr. John Kaczmarczyk for a variance to the rear yard 2 requirements of the City Ordinance in order to construct a 26' x 30' or 780 square foot garage in 3 the rear yard setback of his property was presented. He explained Mr. Kaczmarczyk is recently 4 retired and wanted to correct some inadequacies he noticed while fixing his house. He did tear 5 down a garage adjacent to his house and wanted to build this garage in his yard. The Ordinance 6 allows a 528 square foot garage. An approximate size of 22' x 24' is allowed. The interior lot is 7 approximately 10,106 square feet in size and is 20% covered with impervious surfaces. The 8 proposed garage would increase the lot coverage to 28 %. The Planning Commission could not 9 find a reason to grant this variance. Commissioner Hanson indicated Mr. Kaczmarczyk may 10 have already been in contact with Council to either withdraw his plan or come to a satisfactory 11 solution. He stated there is no alley, and there is no room for utility trucks to come in and work 12 on a pole in his yard if need be. 13 14 Mr. Morrison noted Mr. Kaczmarczyk did come into the office on Friday with a revised plan that 15 fits the Ordinance. He added that Mr. Kaczmarczyk has not withdrawn any plan. 16 17 Councilmember Thuesen noted there are three former Planning Commissioners on the Council. 18 He asked if the size 22' x 24' is a standard size in the first ring suburbs. 19 20 Commissioner Hanson responded that one of the things the petitioner said is that he would still 21 be within the guidelines, and he did not think it would be obnoxiously large. A new structure 22 can be up to 1,000 square feet. He reiterated that according to the three requirements the Commission must abide by to give a variance, it could not find a reason to grant the variance. <Y He said some of the Planning Commissioners did think that the 26' x 30' size is quite large and 25 may be unnecessary, since it is a smaller lot. 26 27 Councilmember Thuesen raised the issue of when the garage looks bigger than the house, it may 28 not be something that is wanted in the Village. 29 30 Councilmember Stille questioned why a concept review was not presented. He mentioned that 31 previous Councils have limited the size of garages to not encroach on the neighbor. 32 33 Commissioner Hanson replied he was unsure why there was no concept review. He said it was 34 assumed that the City Staff encouraged the applicant to come before the Commission. The 35 applicant was anxious to get the project underway. 36 37 Councilmember Horst asked if the 28% lot coverage was an issue. 38 39 Commissioner Hanson said it would not be on his side of the lot. He noted it is a substandard 40 size of lot. 41 42 Motion by Councilmember Horst, seconded by Councilmember Stille, to deny Resolution 05- 43 054; Re: A request for a variance for rear yard for a property located at 2513 West Armour 44 Terrace NE. Mayor Faust pointed out that the applicant cannot build a garage where he asked to put it, though 47 he can still build a garage that fits in the Ordinance. City Council Regular Meeting Minutes June 28, 2005 Page 3 Motion carried unanimously. 3 4 B. Resolution 05 -055, Requesting a rezoning from R -1 Single Family Residential District to 5 R -3 Townhomes at 3645 Chelmsford Road. 6 Commissioner Hanson said this applicant wishes to rezone his property. Mr. Troy Martenson, 7 the applicant, had submitted a concept plan a year ago and stated his hopes for this property. He 8 was hoping to develop the property into townhomes. He is requesting the property be rezoned 9 from R -1 to R -3. There was a public hearing at the Planning Commission last week. He noted 10 one of the challenges is a 75 foot utility easement given to Xcel Energy across the northern 11 portion of the lot. Commissioner Hanson said Xcel Energy sent a letter to the applicant stating 12 that as long as Mr. Martenson abides by their conditions, they will agree to grant the easement. 13 14 Commissioner Hanson stated there was one resident that lives the home directly east and he 15 expressed concerns at the hearing about headlights turning in from the proposed driveway. He 16 further noted a question came up among the Commissioners of whether this is spot zoning. 17 Across the street is Chandler Place, and Schools are adjacent. The overall decision was that it 18 was not spot zoning. It is a property in need of renovation and this would be an advantage to the 19 City in terms of tax rolls and would give smaller housing opportunities to our seniors. He 20 reported the Planning Commission did recommend approval. 21 22 Troy Martenson, property owner, explained he and his wife, Trish, are realtor consultants in the area. He said along with real estate sales, they are extensively involved with property rehab. He �Y said he is requesting a rezoning from R -1 to R -3 with this property located in a mixed use area. 25 He said the property owner to the east was concerned with the headlights and possible noise from 26 vehicles coming into their driveway. He noted there will be a two -car garage and there is a 40 to 27 60 foot buffer between the property lines. He added that a privacy fence could be arranged. He 28 displayed an idea of what the layout would be. The plan he had was basically a one -level 29 townhome situation which is something 55 and older people seem to look for. He said they want 30 to cater to the aging community. He stated there are lot of advantages to the community and the 31 city to rezone. At the public hearing, there were several questions including how the value of the 32 homes in proximity to the townhomes would be addressed. He said that relating to the 33`d and 33 Stinson properties that were built three years ago, one of the properties was sold at an ample 34 profit. Because of this building, the property values in proximity to this building would not be 35 adversely affected. He said in his opinion, having a quality built townhome is an asset to the city 36 as opposed to the outdated 1.5 story home that is there now. 37 38 Mayor Faust asked Mr. Martenson if he lives there. Mr. Martenson answered it is a rental 39 property. 40 41 Mayor Faust questioned what the value of the individual units will be. Mr. Martenson responded 42 based on the Stinson and 33rd properties that are selling in the $230,000 range for two -story 43 units, he expects his one -story units to be in the $220,000 to $230,000 range. He said the units 44 will be 800 to 1,000 square feet per unit. Mayor Faust asked if Mr. Martenson is familiar with the townhomes to the north and west of 37`h 47 built in the late 1980s and what they are selling for. Mr. Martenson said he is not. City Council Regular Meeting Minutes June 28, 2005 Page 4 2 Councilmember Stille asked Mr. Martenson if he has owned the property for a period of time and 3 what he has tried to do to upgrade the property. 4 5 Mr. Martenson explained when he first bought the property four years ago, he requested to split 6 the lot. There is enough square footage, but not enough buildable area because of the Xcel 7 Energy easement. The existing home is on the far side of the lot, which would have made it 8 easier for the lot split, and would have made it affordable to tear down the house and put two 9 homes on the land. He stated he has put on a new roof, but it is an old house that would take a 10 lot of money to have much more done to it. 11 12 Councilmember Stille asked if the Council moved forward and changed the zoning, if he would 13 anticipate requesting variances. Mr. Martenson said everything in his plan would fit into the R -3 14 zoning with no variances required. 15 16 Commissioner Hanson asked if the units would be rental or for sale. Mr. Martenson answered he 17 would comply with whatever the City would allow. 18 19 Mayor Faust asked if there was a concept review, and if not, why not. He said he would highly 20 encourage that action in the future. He said it does seem like spot zoning. Just because there are 21 many wrongs around the area, it is still zoned R -1. He noted 37`h Avenue is a neighborhood 22 boundary and he is apprehensive because anyone along 37`h could then request to be upzoned. He noted 33d and Stinson development was a different set of circumstances. That was a down zoning from business to R -3. He said he is not sure that this is the right density currently, and 25 with the sketches provided, the properties would face R -1 zoning. He noted there are 26 townhouses along 37'h Avenue to the west. 27 28 Councilmember Horst said his concerns are in spot zoning as well. He said this is taking an area 29 that was a single family home and is now creating a zone. He questioned how this could be 30 handled fairly in the future. He raised the issue that someone could purchase the larger lots on 31 370' Avenue, request to be rezoned and build townhomes. The only compelling factor he said he 32 has to agree to this is that the Planning Commission agreed to it. 33 34 Commissioner Hanson noted he did not get the minutes from the public hearing and discussion 35 and couldn't remember the exact discussion. He said Chair Stromgren did address the spot 36 zoning issue and said he felt it was not spot zoning. The Commissioners fell in line with that 37 decision. 38 39 Councilmember Horst said there are some parallels with the Park station. Though, that was an 40 old property that was not being used. There is opportunity for improvement on the lot. He said 41 he wishes Mr. Martenson were proposing a single family home rather than townhomes, but he 42 said he understands. He stated he was inclined to change the zoning. 43 44 Councilmember Stille said he was on the Planning Commission four years ago when Mr. ` Martenson came before the Commission to request the lot split. He recalled making some representations and encouraging him to come back with other plans. That home is in need of 47 improvement. It is poorly positioned on the lot, and it is a rental property. He said when Mr. City Council Regular Meeting Minutes June 28, 2005 Page 5 Martenson was encouraged to come back with a different plan, he was envisioning a two - family L home, which would fit in better. To the east is a two - family home. It would be more palatable if 3 it were not a dense proposition. He also noted it is better if the applicant would come in with a 4 concept review, get feedback and approach the Commission again. He said he doesn't want to 5 discourage the development of this piece, and hoped something could be done along with the 6 rezoning of this piece. 8 Councilmember Thuesen said he appreciated the comments from all three former Planning 9 Commissioners, and noted Mayor Faust made a good point that the project on 33d and Stinson is 10 an upzone. He said he is coming to the conclusion that this would be approaching spot zoning. 11 It could open a can of worms. If this is not approved, he explained it does not mean the applicant 12 should not approach the City with other plans. 13 14 Councilmember Horst said he is concerned with the talk of rental. One of the problems is that 15 rental can sometimes go downhill. He stated his opinion is he would encourage Mr. Martenson 16 to have owner occupancy. 17 18 Mr. Martenson said he understands the feeling that it may open a can of worms with the spot 19 zoning. He would say it is a unique situation. It is a 1930's house to one side of a large lot 20 making it a special situation. He agrees with the concerns of the rental aspect. In his findings as 21 a real estate agent showing older people homes, there are many that want one level living. He 22 would be fine with having that be a stipulation with the city. Mayor Faust noted that the garage is on property lines. He added that it looks like a twinhome 25 could fit and meet all the setbacks. The easement issues would be avoided and the building 26 would fall in with the R -2 zoning to the east. He said he was giving feedback as would happen 27 in a concept review. 28 29 Motion by Councilmember Stille, seconded by Councilmember Horst, to deny Resolution 05- 30 055, Re: request for rezoning from R -1 Single Family Residential to R -3 Townhomes at 3645 31 Chelmsford Road NE. 32 33 Motion carried unanimously. 34 35 C. Ordinance 2005 -008; Text Amendment Rezoning section 1665 03 36 Planning Commissioner Hanson stated Staff has requested the proposed ordinance text 37 amendment that updates the City's Code on its rezoning process be considered. This change 38 allows only supermajority vote on rezoning requests that want to change residential zoning to 39 either commercial zoning or industrial zoning. 40 41 City Attorney Jerome Gilligan said if a Councilmember is missing at a meeting, this type of 42 request could not be acted on since a supermajority is not present. He explained the Minnesota 43 statute supercedes the City's ordinance. 44 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve Ordinance 2005 -008 Re: to rezoning and amendments amending Section 1665.03 of the St. Anthony City 47 Code. City Council Regular Meeting Minutes June 28, 2005 Page 6 2 Motion carried unanimously. 3 4 D. Ordinance 2005 -009; Text Amendment; conditional Use Permits Section 1665 04 5 City Attorney Gilligan stated Staff has requested the reviewal of the proposed ordinance text 6 amendment that updates the City's Code on its conditional use permit approval process. 7 Currently, the City Ordinance requires a 4 /5tbs vote for all requests for a conditional use permit. 8 Mr. Gilligan noted that this change is not required by state law. 10 Councilmember Stille questioned whether this could jeopardize the City in violating the 60 -day 11 rule. Mr. Gilligan answered there are things that can be done and reasons that could be on record 12 to supercede this. He noted this would take a lower priority for approval of other things. 13 14 Mayor Faust said he thinks the language should not be changed. The state statue made the other 15 one necessary to change. He noted this has been the statute for as long as the City was in 16 existence. He said he normally doesn't go against legal recommendations, though he believes 17 this should not be changed. 18 19 Councilmember Stille clarified that this is just trying to be consistent so there isn't one instance 20 on the City's Code where a supermajority is required and other instances don't require it. Mr. 21 Gilligan said that was correct. 22 Councilmember Stille asked whether it could hamper business by keeping it a supermajority, and having a Councilmember gone, for example. Mr. Gilligan said it hasn't been the case. 25 26 Councilmember Stille asked if the conditional use permit has to be issued if the findings are 27 there. Mr. Gilligan answered affirmatively. 28 29 Councilmember Thuesen clarified that is the 4 /5ths vote was kept, it does not put the City in any 30 legal danger. Mr. Gilligan said it does not. The provision in the City Code does not violate state 31 law. 32 33 Councilmember Horst stated he doesn't disagree with a supermajority. There are other instances 34 in the Statute that need supermajority. He said he would like to feel that the Council was fully in 35 favor of a conditional use and said that 4 /5ths would not be a problem. He said he was inclined 36 to leave the text the way it is. 37 38 Councilmember Thuesen agreed and said he is inclined to leave it the way it is. He said it sends 39 a clear message when you have a supermajority. When it comes to a 3/2 vote, it becomes gray 40 area. He said the Ordinance has served the City well, and he would like to see it remain as is. 41 42 Councilmember Stille said he agreed with Mayor Faust in that in the future two Councilmembers 43 could vote to deny a conditional use permit, and that is something they would like to avoid. 44 Councilmember Horst stated that in a 4 /5ths vote, it is opened up to have someone block it. He said on items that relate to all the community, like a conditional use permit, he would like to see 47 a strong vote. City Council Regular Meeting Minutes June 28, 2005 Page 7 4 5 6 9 10 11 12 13 14 15 16 17 18 V1. 19 20 21 22 L? 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A[ Mr. Gilligan explained this was a Staff initiated change, and since the Council has decided to not make the change, no motion needs to be made. Commissioner Hanson said he will take back to the Commission that the Council would like people to come to them with the concept reviews first. Councilmember Horst said is difficult to rule differently than the Planning Commission does. He explained if he hadn't felt as strongly as he had on the Martenson case, he would not go against the Planning Commission. In this case, he said he felt strongly. He added he does appreciate the Planning Commission's efforts. Mayor Faust explained that a concept review gives feedback to the developers and an alert to the residents. He said it is incumbent on the Planning Commission to be articulating whether they think the concept would work. He commented he appreciates Commissioner Hanson taking this information back to the Commission. GENERAL POLICY BUSINESS OF THE COUNCIL. A. City Engineer Report on the following items: Todd Hubmer WSB, presenting, 1. Resolution 05 -056; Awarding bid for Phase III of 39th Avenue. Mr. Hubmer stated the recommendation is to award bids for this project. The bids were opened on June 9, with the lowest bidder as Forest Lake Contracting in the amount of $825,703.40. The Engineer's Estimate was $768,968.25. He noted the amounts differ widely because contractors are busy at this time of year with the workload. He further explained this is a federal project and requires more paperwork than usual. Councilmember Stille asked what the City's experience has been with this contractor. Mr. Hubmer answered they completed the Phase II work and are capable contractors. Councilmember Thuesen asked if receiving only a few bids was a surprise. Mr. Hubmer said it was since 25 people pulled plans for the project. He said some contractors said it would not fit into their schedule. Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve Resolution 05 -056; Re: Awarding a bid to Forest Lake Contracting in the amount of $825,703.40 for 39`s Avenue Phase III reconstruction street, sanitary sewer, water main, storm sewer, and appurtenant work. Motion carried unanimously. 2. Resolution 05 -057; Authorizing WSB to start feasibility report for 2006 Street Reconstruction. Mr. Hubmer noted this Resolution authorizes the feasibility report for the project to start next year. He listed the improvements this project will cover. The proposed schedule includes bringing the feasibility report to the Council in August and holding a neighborhood meeting in September. Two more neighborhood meetings would be held in February and April 2006. City Council Regular Meeting Minutes June 28, 2005 Page 8 Substantial completion of construction is proposed to occur in October 2006, and final completion in July 2007. Councilmember Stille asked how many miles will be improved this year. Mr. Hubmer responded it is in the area of 3,000 feet. 7 Mayor Faust said it does appear to be extra long compared to what was done in the past. He 8 asked if the cost and access to the residents are expected to affect residents any differently than 9 in the past year. Mr. Hubmer replied it is expected to be the same. He noted the linear feet is 10 close to this year's project. 11 12 Mayor Faust questioned whether Murray Avenue would be completed in halves or if it would be 13 completed all at once. Mr. Hubmer explained it would likely be completed at the same time. 14 15 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve Resolution 05- 16 057: Re: ordering preparation of feasibility report for 2006 street and utility improvements. 17 18 Motion carried unanimously. 19 20 Councilmember Thuesen asked Mr. Hubmer to give an update on this year's street project. 21 22 Mr. Hubmer said it has been muddy. He said that 12 of the first 20 working days of the contract were rained out. A second crew was brought in, and they are close to maintaining the original contract. He said the goal is to be up to par within the next two weeks. 25 26 Councilmember Thuesen questioned if the project becomes less weather- dependent when the 27 clay is replaced with usable soil. Mr. Hubmer stated if it looks like it's going to rain, the project 28 does get covered up. The wetness cannot be allowed in the soil as it causes problems. 29 30 Councilmember Thuesen asked about residents calling and asking for help with garbage, etc. 31 Mr. Hubmer said there have been some calls, and they are responding to them. There have been 32 a few people that have gotten stuck and had to get towed out. He said they have been working 33 well with the residents. 34 35 3. Resolution 05 -058; Awarding bid for Shamrock Holding Pond. 36 Mr. Hubmer noted the Resolution is to award the contract to complete Shamrock Holding Pond. 37 He said three companies were solicited for proposals. Forest Lake Contracting was the lowest 38 bidder at $33,230.00. The Engineer's Estimate was $40,620.00. He noted they met with the 39 residents 1.5 weeks ago about the construction schedule and the proposed planting schedule. He 40 indicated that would be under a different contract since it won't be completed until fall. He said 41 this gives them time to work with residents if they want to change the plans. 42 43 Lorie Ludwig, 4028 Fordham Drive NE, a neighbor to the Holding Pond, said she met with Mr. 44 Hubmer and Mr. Hartman earlier in the day. Her concern is the trees that abut the property and ^ ` saving those trees. She explained she is greatly in favor of this project. Her concern has been that the necessary digging to create the holding pond is going to dig up roots to the trees. That 47 cannot be avoided. She expressed her concerned that if these trees are damaged or destroyed City Council Regular Meeting Minutes June 28, 2005 Page 9 because of taking away enough of the roots, that the city would help pay for the removal of these threes. She said the Holding Pond is good for the community and she wants to do what is best for the trees. She reported she was pleased with the meeting with staff earlier in the day. They had assured her that they don't want to kill the trees, and if any damage should come to these trees, she wants the city to pay for their removal. She said she wanted to make it a matter of public record. 8 Mayor Faust said it sounds like Mr. Hubmer and Mr. Hartman alleviated her concerns. They 9 have always been concerned with trees on that property. 10 11 She said the Staff did suggest contacting a tree trimmer and she said she is doing that. She will 12 email that information to Mr. Hartman. 13 14 Councilmember Thuesen pointed out one example that the City has tried to take great care of 15 trees is the Water Tower Project. A lot of mature trees were saved there. 16 17 Councilmember Horst asked if these concerns had been related to Forest Lake Contracting. 18 19 Mr. Hubmer said some plantings will be relocated. He said he had had conversations with them, 20 and they are on board with the City. 21 22 Motion by Councilmember Stille, seconded by Councilmember Horst, to approve Resolution 05- 058; Re: awarding a bid in the amount of $33,230.00 to Forest Lake Contracting for Shamrock Storm Water Improvements. 25 26 Motion carried unanimously. 27 28 Mayor Faust requested Mr. Hubmer give and update of the flood mitigation project. 29 30 Mr. Hubmer stated this is the final component of the flood mitigation project. It was started in 31 1997, and has been a long and difficult road. The rainfall last night would have caused problems 32 prior to the project and there were no phone calls. He noted there is one business area to 33 approach which they will do next year. 34 35 Mayor Faust pointed out that the rainfall in the past couple of weeks has been two inches or 36 more. There were traditionally parts in the city that would flood in the downpours. He said he 37 drove around and found no issues. 38 39 4. Flashing Beacon Light Update. 40 Mr. Hubmer said they did receive comments regarding the visibility of fire trucks entering and 41 exiting the St. Anthony Fire Station. He said they completed a site review and determined that 42 the sight distance is limiting the gap for trucks to enter and exit the fire station. An advanced 43 flashing warning beacon is recommended for the Fire Station. The existing gap time for vehicles 44 to enter and exit the fire station was estimated. He explained about 5.5 seconds is available for the left turn off a major roadway. This is the recommended gap time for vehicles, and for trucks the recommended gap time is 7.5 seconds. The existing gap for a left turn onto a major roadway 47 is 9.0 seconds. The recommended gap time for vehicles is 7.5 and 11.5 for trucks. He said the City Council Regular Meeting Minutes June 28, 2005 Page 10 goal is to reduce the opportunities for problems. A solar power flasher is recommended. The 2 flashers would be operated by the drivers in the trucks by remote control. They would stay on a 3 certain length of time. 4 5 Councilmember Horst asked what color the flashers are. Mr. Hubmer replied they are yellow. 6 7 Councilmember Horst questioned what the standard color is. Mr. Hubmer explained we are not 8 asking vehicles to stop but to yield and be aware that emergency vehicles are entering or exiting. 9 10 Councilmember Horst said the beacons shown in the meeting packet indicate to "Prepare to Stop 11 When Flashing" and he said it seems prudent to ask people to do that. Otherwise, it seems like it 12 is only an advice sign. 13 14 Mr. Hubmer said the idea is to warn the motorist to slow down, since all they have to do is slow 15 down to adequately allow sufficient time for trucks to enter and exit the roadway. To have an 16 instant stop is not recommended. When people see the lights and hear the sirens, they are 17 supposed to slow and pull over anyway. 18 19 Councilmember Horst said we are trying to limit the use of sirens coming and going. Therefore, 20 this is probably the only warning some motorists may get since it is an emergency exit. He noted 21 that red flashers may be something to consider in the future. 22 Mr. Hubmer said he will take the suggestion to Hennepin County since he will need to talk with them to put these beacons in. 25 26 Mayor Faust noted the Minnesota statute may need to be considered. He said when the lights are 27 flashing red, it means the motorist has to stop immediately. Flashing yellow means to prepare to 28 stop. 29 30 Councilmember Stille observed that there is a gap between the existing gap time for a truck and 31 the recommended gap time of 2.5 seconds for a truck on a left turn onto a major roadway. He 32 said this is for an 18- wheeler, and the street never has any. He said there are red fire trucks and 33 flashing lights. That should be enough warning. With the flashing beacons, he felt the issue was 34 well covered. 35 36 Mr. Morrison pointed out that bids will be presented at the July 26 meeting. 37 38 B. Police Department 2004 Annual Report, Chief Richard Engstrom presenting 39 Report not given at this meeting. 40 41 C. Consider Resolution 05 -059: Fourth Amendment to Development Agreement for Phase II 42 Silver Lake Village. 43 Mr. Momson reviewed the resolution with the Council and indicated that there is a contract and 44 it does need to come to a conclusion by June 30, 2005 as written in the contract. However, it is not possible to meet this date. The request is to extend this deadline to November 30, 2005. City Council Regular Meeting Minutes June 28, 2005 Page 11 Mayor Faust noted the third paragraph in the Resolution should say November 30, 2005 rather than September 30, 2005. Motion by Councilmember Thuesen, seconded by Councilmember Stille, to adopt Resolution 05- 059, re: A fourth amendment to a redevelopment agreement by and among the City of Saint. Anthony, Minnesota, the Housing and Redevelopment Authority of the City of Saint Anthony, Minnesota and Apache Redevelopment, LLC (The "Developer"), Dated December 19, 2003. 9 Councilmember Stille noted this is a relatively short term extension. He said as long as the 10 Council is informed and the project is moving toward the project design standards as set forth, he 11 said he has no reason to vote against this. 12 Motion carried unanimously. 13 14 D. Ordinance 2005 -06, Amendment to Dog Ordinance — P reading and adoption 15 Mr. Mornson reviewed the ordinance with the Council and indicated that this change in the text 16 states any animal noise which occurs repeatedly over at least a five minute period of time shall 17 be considered a nuisance. 18 19 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Ordinance 20 2005 -006 to amend the Section 1210 Subdivision 1; Certain Animals Declared Nuisances. 21 22 Motion carried unanimously. . VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 25 City Manager Mornson reported the following: 26 • July 12`h Council meeting - There will be no agenda items to consider that night. 27 • Update on Kenzie Terrace Project — a senior co -op will be proposed that changes the 28 planning and zoning plan. 29 • Update on Quest Project- Apache Medical — They proposed a PUD that didn't fit the City 30 requirements. They are going to keep the commercial designation and make renovations 31 to the site. There is some demand for office space. They are open to working with the 32 development and open to work on some sort of housing in the future. 33 • St. Anthony Market Place Update — a plan was recently denied. The developer will 34 complete a concept review and make a proposal at the July 19 Planning Commission 35 meeting, and the July 26 Council meeting. 36 • New Front Office Employees — one offer of employment was extended; one new hire will 37 start soon. 38 • ID Cards — A NIMS resolution was adopted in a previous meeting with is a national 39 improvement management plan that is based on the events of 9/11. The City must 40 develop ID cards for all full time staff and Councilmembers. 41 • Water meter reading cards were sent. About 120 didn't make it to their destination. He 42 asked residents to call City Hall if they did not receive a water meter reading card. 43 • Mid -Year Update on Goals and To Do List — A task force is being formed for the Silver 44 Lake Road improvements. This will start in August and go until March. A notice has been put in the Bulletin, listed on the web site, and an article added to the paper. No one 4u has come forward to take part yet. 47 City Council Regular Meeting Minutes June 28, 2005 Page 12 Councilmember Horst had no report. 3 Councilmember Stille reported that August 5 and 6 is the Village Fest. He noted it relies on 4 revenues it generates, and ideally from donations and silent auction donations. He indicated that 5 residents can drop either type of donation off at City Hall. 6 7 Councilmember Thuesen complimented Jay Hartman and the Public Works Staff. He said he 8 was at the ball fields a lot in the past two months, and Public Works had done a great job of 9 getting the ball fields in playing condition after all the rain. He said there have been many 10 compliments from opposing teams when they come to the ball fields. 11 12 Mayor Faust reported he attended a meeting last week at the Ramsey County Attorney's office 13 and the chief legal counsel on the 9/11 report spoke at the meeting. He encouraged everyone to 14 read the report because there were failures on everyone's part. Mayor Faust said he was left with 15 the question of what do cities do in this instance. He said that the same community policing has 16 to continue and if anyone sees anything odd, they must report it. He said the City gets its 17 strength from citizens reporting things that do not seem right. 18 19 Mayor Faust noted there are four meetings for the Council in August, and nothing on the agenda 20 for July 12. He recommended canceling the July 12 meeting. After unanimous agreement, he 21 directed Mr. Momson to cancel that meeting. 22 Mayor Faust suggested the Councilmembers wear casual clothes since it is summer. For July �y and August, it will be casual dress. 25 26 VIII. COMMUNITY FORUM. 27 Mayor Faust invited residents to come forward at this time and address the Council on items that 28 are not on the regular agenda. 29 30 Hearing none, Mayor Faust moved forward with the agenda. 31 32 IX. INFORMATION AND ANNOUNCEMENTS. 33 Mayor Faust reiterated the information the City Manager gave on the Silver Lake Task Force. 34 He said it was a good way to get citizens involved. He encouraged anyone that is interested to 35 send a letter of interest. 36 37 Mayor Faust stated the Council approved a Solicitor's permit at the last meeting. This permit is 38 issued on paper with the St. Anthony logo. He explained it is a permit that people have to carry 39 in order to solicit. He advised citizens if someone comes to their door to sell items, they should 40 ask to see the permit. If they don't have one, the police should be called. 41 42 Mr. Morrison added that the letter has signatures from the Police Chief and the Administrator. 43 44 Mayor Faust announced that August 2 is National Night Out. The July 26 meeting will have a list of events for the National Night Out. He added that there are five events in August for the Councilmembers. 47 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 City Council Regular Meeting Minutes June 28, 2005 Page 13 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. None. XI. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:47 p.m. Respectfully submitted, Chris Moksnes TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Motiou carried unanimously.