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HomeMy WebLinkAboutCC PACKET 06122018If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. Call to Order.  Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I.Approval of the June 12, 2018, City Council Meeting Agenda. (action requested.) II.Proclamations and Recognitions. III.Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A.Approval of May 22, 2018, City Council meeting minutes. (pp.1-8) B.Licenses and Permits. (pp.9-10) C.Claims. (pp.11-13) D.Resolution 18-046 a resolution approving Master Subscriber Agreement for Minnesota Court Data Services for Government Agencies. (pp.15-17) IV. Public Hearing. V.Reports from Commission and Staff. A.Resolution 18-047 a resolution to Deny a Code Text Amendment to allow for a childcare facility serving up to 17 children in the R-1 Single Family District and to deny a Conditional Use Permit to allow for a childcare facility serving up to 17 children at 3029 Wilson Street. Breanne Rothstein, City Planner presenting. (pp.19-38) VI. General Business of Council. A.Resolution 18-048 a resolution to Approve Special Event at The Unofficial on July 28, 2018. Mark Casey, City Manager presenting. (pp.39-43) B.Resolution 18-049 a resolution to Approve Special Event at The Unofficial on August 5, 2018. Mark Casey, City Manager presenting. (pp.45-49) VII.Reports from City Manager and Council members. CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA JUNE 12, 2018 7:00 p.m. If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. VIII. Community Forum Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements X. Adjournment. CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 MAY 22, 2018 3 4 CALL TO ORDER. 5 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11 12 ROLL CALL. 13 14 Present: Mayor Faust, Councilmembers Gray, Jenson, Randle and Stille. 15 Absent: 16 Also Present: City Manager Mark Casey, City Planner Breanne Rothstein, Kyle Axtell, Rice Creek 17 Watershed District, and City Engineer Todd Hubmer. 18 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF MAY 22, 2018 CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Gray, seconded by Councilmember Randle, to approve the City 26 Council Meeting Agenda of May 22, 2018 as presented. 27 28 Motion carried 5-0. 29 30 II. PROCLAMATIONS AND RECOGNITIONS. 31 32 A.Salo Park Concert Series33 34 Ms. Linda Foster representing the Salo Park Committee provided an update on the Summer 35 Concert Series. She reviewed the types of music that will be provided along with the concert 36 series. The concerts are held on Thursday evenings from June 21 to August 9, 7:00 – 8:00 p.m., 37 at Salo Park Amphitheater. Ms. Foster acknowledged the generous sponsors and explained that 38 Saloparkconcertseries.com provides more information. 39 40 Mayor Faust noted no public funds are used for these concerts. Councilmember Stille read the 41 list of sponsors. This is the 10th year of the concert series. 42 43 III. CONSENT AGENDA.44 45 A.Approval of May 8, 2018, City Council Meeting Minutes.46 B.Licenses and Permits.47 C.Claims.48 1 City Council Regular Meeting Minutes May 22, 2018 Page 2 D. Resolution 18-041; a Resolution regarding Renewal of Municipal Insurance Coverage 1 and the Non Waiver of Tort Liability for the League of Minnesota Cities Insurance Trust 2 3 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the Consent 4 Agenda items. 5 6 Motion carried 5-0. 7 8 IV. PUBLIC HEARINGS 9 10 A. Authorizing Submission of the Draft 2040 Comprehensive Plan to the Metropolitan 11 Council and Adjacent Communities. 12 13 Mayor Faust opened the public hearing at 7:09 p.m. 14 15 City Planner Breanne Rothstein reviewed every ten years, Minnesota State Statute requires that 16 each community in the seven county Twin Cities metro area review and update their 17 Comprehensive Plans to be consistent with regional policies. The Metropolitan Council is 18 responsible for the development and implementation of this regional policy through the review 19 of each community’s comprehensive plan update. There are a number of detailed required 20 components and policies required regarding land use, housing, parks and trails, sewer, water, and 21 surface water. These requirements are detailed and require a close examination of local land use 22 and infrastructure planning and policy. Recent development interest in St. Anthony, particularly 23 the re-development of the Lowry Grove, and development trends toward re-development, has 24 sparked interest in the importance and value of the Comprehensive Plan as a guiding vision 25 document for growth and development in the City. This interest has generated a high level of 26 community engagement and input into the plan. Given this, the City undertook a major update 27 and overhaul of the Comprehensive Plan. Ms. Rothstein reviewed the different community 28 groups that were asked for input. The results of the process are also available on the City 29 website. 30 31 Ms. Rothstein reviewed the process to date, noting the community review process is a mandatory 32 6 months, per state statute. Adjacent community review includes all adjacent communities, 33 Hennepin and Ramsey Counties, Three Rivers Park District, Minneapolis Park and Recreation 34 Board, MnDOT and the DNR. After receiving all comments, staff will make edits for a second 35 draft that will incorporate all recommendation changes from the community comments (as 36 recommended by the steering committee). Staff does not intend to revise the plan prior to all 37 comments being received in an effort to be efficient and to revise the document in an organized 38 manner. A revised draft will be presented to the City Council in December, prior to the deadline 39 for submission to the Met Council of December 31, 2018. Staff recommends a motion 40 authorizing adjacent community review for the 2018 Comprehensive Plan Update. Eight pages 41 of public comments were provided for Council review. 42 43 Councilmember Stille stated this Comprehensive Plan is quite different from the last one as far 44 as reaching out for community comments and the number of meetings held. He commended Ms. 45 Rothstein on her work. Mayor Faust agreed. 46 2 City Council Regular Meeting Minutes May 22, 2018 Page 3 Ms. Nancy Robinett, 3408 31st Avenue NE, stated she attended the Comp Plan Steering 1 Committee Meeting on April 30, 2018 which covered feedback to the draft Comp Plan that was 2 recently released. She provided feedback on the draft Comp Plan, noting the meeting was 3 advertised as only a Steering Committee Meeting and many residents were not aware that this 4 was actually a Comp Plan Steering Committee Meeting. She asked in the future that meetings be 5 more fully described as to which Steering Committee is meeting. 6 7 Ms. Robinett stated she has some other procedural comments about the process. At the first 8 meeting, after the draft was prepared there was not a good process for public input. The Steering 9 Committee directed staff (Ms. Rothstein) to create a consensus of what the group comments 10 were but she does not know when the community will see what is written and Ms. Robinett 11 would like a sooner opportunity for resident review. At the April 30 meeting, she felt the 12 Steering Committee did not want to integrate most of the community comments. She suggested 13 scheduling another meeting or two to allow the community to provide their comments and have 14 them integrated into the Comp Plan. The SAFCA commentary was provided in written form to 15 the Steering Committee and it was discussed very briefly. More than 100 residents signed the 16 SAFCA commentary. Ms. Robinett felt the Steering Committee did not give enough attention to 17 this or any other resident commentary. She asked the Council to take the written comments 18 seriously. 19 20 Ms. Sandy Sherman, 4008 Foss Road #206, expressed her comments about the community 21 engagement in the Comprehensive Plan. She indicated the outreach that Ms. Rothstein described 22 can’t replace the advertised meetings that were held for gaining resident comments, noting the 23 Minneapolis Comprehensive Plan community input process was very robust. She believes St. 24 Anthony can do better and encouraged Council to have more community meetings. 25 26 Mayor Faust closed the public hearing at 7:25 p.m. 27 28 Motion by Councilmember Stille, seconded by Councilmember Gray, to authorize adjacent 29 community review for the 2018 Comprehensive Plan Update. 30 31 Councilmember Stille stated he disagreed with many comments regarding the April 30 meeting 32 with fifteen engagement sessions being held. The last meeting ran 2-2 ½ hours. He stated he 33 attended Village Fest and much community engagement was heard. Councilmember Stille stated 34 Ms. Rothstein did a great job in summarizing the public comments that were received. 35 Councilmember Stille noted the draft is good and this was a great outcome. 36 37 Mayor Faust stated there are two Councilmembers on each Steering Committee and he feels this 38 is a good draft. 39 40 Motion carried 5-0. 41 42 V. REPORTS FROM COMMISSION AND STAFF – NONE. 43 44 VI. GENERAL BUSINESS OF COUNCIL. 45 46 3 City Council Regular Meeting Minutes May 22, 2018 Page 4 A. Resolution 18-042; a Resolution supporting the Contamination Grant Application 1 submitted to the Department of Employment and Economic Development (DEED) by 2 The Village, LLC for Environmental Remediation at 2501 Lowry Avenue. 3 4 City Planner Rothstein presented the revised resolution for Council approval. She explained the 5 City needs to be the agency making the request, more information was requested from DEED, 6 and the City was allowed to resubmit the grant application. 7 8 Ms. Caroline Elling, Landmark Environmental, noted they are the environmental consultant 9 working with The Village LLC. Changes in DEED’s protocol most likely required the additional 10 information and they have approved the revised resolution. 11 12 Motion by Councilmember Jenson, seconded by Councilmember Gray, approve Resolution 18-13 042; a Resolution supporting the Contamination Grant Application submitted to the Department 14 of Employment and Economic Development (DEED) by The Village, LLC for Environmental 15 Remediation at 2501 Lowry Avenue. 16 17 Motion carried 5-0. 18 19 B. Resolution 18-043; a Resolution to approve a request to keep four (4) female chickens in 20 an R-1 zoning district at 3609 33rd Avenue NE. 21 22 City Planner Rothstein reviewed staff received an inquiry from the Applicant on May 8, 2018 23 requesting information in order to have chickens on their property. The applicant (Paige Buck) 24 provided an overview of their plans and they plan to keep the coop near the northeast corner of 25 their property line, inside their 6-foot chain link fence. The coop location is more than 25 feet 26 from any structures, the closest of which is their neighbor’s barn/garage to the east. They also 27 stated there are 14 feet to the north before a neighboring wooden fence. They have discussed 28 their plans with their neighbors who are supportive of their intentions to keep chickens. 29 30 Councilmember Randle asked if there are any other chickens in the pipeline and Ms. Rothstein 31 stated generally in the spring is when people wish to have chickens and she does not have any 32 more requests currently. Councilmember Randle suggested residents discuss this with their 33 neighbors. 34 35 Motion by Councilmember Randle, seconded by Councilmember Jenson, approve Resolution 18-36 043; a Resolution approving a request to keep four (4) female chickens in an R-1 zoning district 37 at 3609 33rd Avenue NE. 38 39 Motion carried 5-0. 40 41 C. Resolution 18-044; a Resolution Supporting Affordably Priced Housing at 2401 Lowry 42 Avenue. 43 44 City Manager Casey reviewed a memo from Aeon and a Resolution to Support Affordably 45 Priced Housing at 2401 Lowry Avenue (current Bremer Bank). Aeon is asking the City to 46 4 City Council Regular Meeting Minutes May 22, 2018 Page 5 endorse Aeon’s application to the Minnesota Housing Finance Agency (MHFA) for low-income 1 housing tax credits (LIHTC). This application includes a total of $1,000,000 in tax increment 2 financing (TIF) in order to help facilitate the financing of the affordable housing project. The 3 Resolution provides that the City will provide TIF subject to the requirements of State Law and 4 the negotiation of an agreement acceptable to the City. There has been no land use application 5 submitted. Aeon anticipates submission in the late fall of 2018 depending on funding 6 commitments. 7 8 Mr. Blake Hopkins and Ms. Aubrie Gould, Lead Project Manager representing Aeon, addressed 9 the Council. Ms. Gould provided an overview of the project, noting they have 56 properties with 10 3,900 residents in those properties. They are looking to construct a 4-story building with 16 - 1 11 bedroom units, 36 - 2 bedroom units, and 18 – 3 bedroom units in the building. 12 13 Councilmember Stille asked if the numbers were firm and Ms. Gould stated they should be 14 considered close and Bremer Bank wishes to remain on the site. 15 16 Mayor Faust summarized that Aeon is looking for a commitment from the City for affordable 17 housing, support for the project, and TIF. City Manager Casey noted Ehlers and Associates 18 determined that $1,000,000 of TIF that could be generated on the site over a 26-year period. 19 20 Councilmember Randle noted he believes the system is broken and beyond repair. He asked 21 what mechanism is in place to ensure the people that need the housing actually receive the 22 housing. Ms. Gould stated they have a compliance process in place. 23 24 Mayor Faust stated he is concerned about sustainability. 25 26 Councilmember Gray stated he respects Councilmember Randle’s comments. He does feel this is 27 a good solution that came out of this project. He is supportive of TIF in this case and believes 28 this is a good solution. 29 30 Mayor Faust stated on the site were 97 units of which 37 could not be moved. This would be 31 adding double of what was lost to the region. 32 33 Councilmember Stille noted there will be restrictions that make the 70 households worthy of the 34 affordable housing. 35 36 Motion by Councilmember Gray, seconded by Councilmember Jenson, approve Resolution 18-37 044; a Resolution Supporting Affordably-Priced Housing at 2401 Lowry Avenue. 38 39 Motion carried 5-0 40 41 D. Request for the City Council to authorize the City Manager to execute the 42 Acknowledgement of Receptivity of a Metropolitan Council Livable Communities Act 43 (LCA) Funding Award. 44 45 5 City Council Regular Meeting Minutes May 22, 2018 Page 6 City Manager Casey introduced a request of the Council to authorize the City Manager to 1 execute the Acknowledgement of Receptivity of a Metropolitan Council Livable Communities 2 Act (LCA) Funding Award. The Minnesota Housing Finance Agency (MHFA) administers a 3 grant program on behalf of the Metropolitan Council, which is intended to support the 4 development of affordable housing. This grant is made possible through the 1995 Livable 5 Communities Act (LCA) and is funded by the Metropolitan Council’s Local Housing Incentives 6 Account (LHIA). 7 8 The grant is a source that is traditionally used to fill the financing gap on an affordable housing 9 development. If these funds are awarded by MHFA to the project, it is required that the City is 10 the Grantee of these funds and then the City passes the funding through to the project. These are 11 different funds than the Livable Communities Demonstration Account (LCDA) or Tax Base 12 Revitalization Account (TBRA) grants which are administered directly by the Met Council. 13 Aeon will also pursue these funding sources and those funds are available through a separate 14 Request for Proposals process. For the project to be eligible for the grant, the Metropolitan 15 Council requires matching funds from the local jurisdiction in which the project is located. In 16 this case, the requested Tax Increment Financing would serve as the match. 17 18 Ms. Gould stated this will allow Aeon to diversify the funds that are put into the project. 19 20 Motion by Councilmember Randle, seconded by Councilmember Gray, to authorize the City 21 Manager to execute the Acknowledgement of Receptivity of a Metropolitan Council Livable 22 Communities Act (LCA) Funding Award. 23 24 Councilmember Gray stated he knows this solution will not please everyone. The Attorney for 25 the Lowry Grove group thought the City should put in more money. 26 27 Motion carried 5-0. 28 29 E. Update on Basic Water Management Petition. 30 31 Mr. Kyle Axtell, Rice Creek Watershed District (RCWD) Project Manager, presented a 32 PowerPoint containing the Ramsey County Ditches 2, 3, and 5 Basic Water Management 33 Petition Project Update – Phase 2. Mr. Axtell reviewed the Petition Background: The Early 34 Days, Phase 1, The Saga Continues; Phase 2 Feasibility Studies; Phase 3 Prioritization & Cost 35 Allocation; Phase 4 Implementation; What’s Next for Phase 2, Draft Phase 2 Scope of Work; 36 Proposed Projects to be Studied; and Phase 2 Timeline, Cost and Outcomes. 37 38 Mr. Axtell provided the Petition for Watershed Project, Amended Petition, adding the City of 39 Roseville and directing further proceedings, and New Brighton/St. Anthony Basic Water 40 Management Project – Phase 1 Rice Creek Watershed District. The Scope of Work has been 41 provided to City Staff for comment. 42 43 Councilmember Jenson referred to Draft Phase 2 Scope of Work and noted on some of the items 44 significant staff input was needed. Mr. Axtell stated the input is needed from St. Anthony, 45 Roseville, and New Brighton. 46 6 City Council Regular Meeting Minutes May 22, 2018 Page 7 1 Councilmember Jenson asked about the cost estimate to complete the modeling updates. Mr. 2 Axtell stated this was estimated by the engineer for engineering costs to complete the study and 3 the Watershed District will cover the costs. 4 5 Mayor Faust stated this is the first project of this sort and he doesn’t believe any of the entities 6 would withdraw. 7 8 Councilmember Stille mentioned elevations and asked about the public hearing. Mr. Axtell 9 stated a notice was sent to the parcels within the benefited drainage area received notice of the 10 public hearing. 11 12 F. Resolution 18-045; a Resolution Ordering Preparation of Feasibility Report for 13 2019/2020 Street and Utility Improvements. 14 15 City Engineer Hubmer reviewed a request of the Council to consider a resolution ordering the 16 preparation of a feasibility report for the 2019/2020 Street and Utility Improvement Project. The 17 project proposes the following locations for street and utility reconstruction: Skycroft Drive from 18 32nd Avenue to 33rd Avenue, Croft Drive from 31st Avenue to 33rd Avenue, and 32nd Avenue 19 from Rankin Road to Croft Drive. The feasibility report will also include the review and cost 20 analysis of the following improvements to be constructed in conjunction with Ramsey and 21 Hennepin County Projects: St. Anthony Industrial Park Flood Improvements, Silver Lake Road 22 Flood Improvements, and County Road C Pedestrian Improvements. 23 24 Mr. Hubmer stated it is anticipated the City will be asked to participate in funding for 25 trail/pedestrian improvements as well as drainage/flood relief improvements within St. 26 Anthony’s industrial park and near the intersection of Highway 88 and County Road C. Staff 27 recommends including the Silver Lake Road Storm Improvements with the 2019 improvement 28 project as Ramsey County is planning to resurface Silver Lake Road from 37th Avenue NE to 29 Interstate 694. Mr. Hubmer reviewed the MWMO Pond Improvements and County Road C Trail 30 Improvements and the Project Schedule. 31 32 Motion by Councilmember Gray, seconded by Councilmember Jenson, approve Resolution 18-33 045; a Resolution Ordering Preparation of Feasibility Report for the 2019/2020 Street and Utility 34 Improvements. 35 36 Motion carried 5-0. 37 38 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 39 40 Councilmember Randle stated he attended the Parks Commission Meeting and they have settled 41 on a site for the organic waste collection. 42 43 Councilmember Jenson stated he attended the NSCC meeting. 44 45 7 City Council Regular Meeting Minutes May 22, 2018 Page 8 Councilmember Stille stated on May 9, he attended the DARE to be Real session at the High 1 School. On May 10, he attended a MN Trade Office meeting. Councilmember Stille announced 2 that Mr. George Marks passed away, noting he was a great component for the Sister City 3 Program. Councilmember Stille stated on May 21, he attended active shooter training put on by 4 Ramsey County and other jurisdictions. He also attended the Planning Commission Meeting on 5 May 21. 6 7 Councilmember Gray stated he attended the May 9 DARE to be Real session. He also attended 8 the active shooter training. 9 10 Mayor Faust stated he attended the Smart Water Summit and Regional Council of Mayors 11 Meeting. He extended his condolences to the Marks family. 12 13 VIII. COMMUNITY FORUM. 14 15 No one appeared to address the Council. 16 17 IX. INFORMATION AND ANNOUNCEMENTS 18 19 Mayor Faust noted Architect Mechanical of St. Anthony, celebrated their 20th Anniversary. The 20 Greater MSP has published the Greater Mpls. Regional Indicator Dashboard. He also announced 21 that four Salo visitors will be visiting St. Anthony in August 2018. 22 23 X. ADJOURNMENT. 24 25 Mayor Faust adjourned the meeting at 8:30 p.m. 26 27 Respectfully submitted, 28 Debbie Wolfe 29 TimeSaver off Site Secretarial, Inc. 30 31 32 33 Mayor 34 ATTEST: 35 City Clerk 36 37 8 Saint Anthony Village DATE: June 12, 2018 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors Licenses: Reliable Tree Service, Cambridge, MN Mechanical Licenses: Action Heating & Air Conditioning, Spring Lake Park, MN Larson Plumbing, Andover, MN Woodland Stoves & Fireplaces, Minneapolis, MN Fireworks Licenses: Applicant: Cub Foods Location: 3930 Silver Lake Rd NE Rental Licenses: Applicant: Roy Quady Location: 2803 & 2807 33rd Ave NE Applicant: Griffin Hillbo Location: 3515 37th Ave NE Applicant: Lang Nelson Associates, Location: 2540 & 2600 Kenzie Ter Applicant: Gary Peterson Location: 2601 Kenzie Ter #204 Applicant: John Tuohy Location: 2601 Pahl Ave NE Applicant: Thomas Deegan Location: 3308 – 3310 Roosevelt Ct Applicant: Tom Filzen Location: 3141 – 3143 Stinson Blvd Applicant: Jim Good Location: 3137 Stinson Blvd 9 Parks Special Event Beer Permit: Date: June 16, 2018 Applicant: Michelle Paulson Location: Emerald Park 10 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 5/18/2018 - 6/13/2018 Jun 06, 2018 06:31AM Vendor Number Payee Check Number Check Issue Date Amount 11798 CENTRAL PENSION FUND LOCAL #49 35199 05/18/2018 3,840.00 10710 ICMA RETIREMENT TRUST 35200 05/18/2018 1,625.00 11813 NCPERS GROUP LIFE INSURANCE 35201 05/18/2018 32.00 12077 SUN LIFE FINANCIAL 35202 05/18/2018 853.35 1018 BREAKTHRU BEVERAGE MN BEER 35203 05/23/2018 10,859.72 1042 CRYSTAL SPRINGS ICE 35204 05/23/2018 103.90 12624 BURKE, KAREN 35205 06/01/2018 1,045.78 10710 ICMA RETIREMENT TRUST 35206 06/01/2018 1,625.00 11792 INTERNATIONAL UNION LOCAL #49 35207 06/01/2018 414.00 11793 LAW ENFORCEMENT LABOR SERVICES 35208 06/01/2018 833.00 10002 LOCAL UNION IAFF #3486 35209 06/01/2018 357.30 1118 56 BREWING 35210 06/13/2018 250.00 11891 A BRIGHTER IMAGE 35211 06/13/2018 1,865.15 1121 ABLE SEED HOUSE + BREWERY 35212 06/13/2018 259.75 10054 ALLIANCE MECHANICAL 35213 06/13/2018 1,311.00 12317 ALLIED MEDICAL TRAINING 35214 06/13/2018 5,410.00 1054 AMERICAN BOTTLING CO 35215 06/13/2018 232.32 10073 AMERICAN PUBLIC WORKS ASSN 35216 06/13/2018 245.00 10098 ARAMARK 35217 06/13/2018 281.16 1100 ARTISIAN BEER COMPANY 35218 06/13/2018 19,920.25 10116 ASPEN WASTE SYSTEMS INC 35219 06/13/2018 157.58 10152 BAYCOM 35220 06/13/2018 35,259.00 10159 BEISSWENGER'S 35221 06/13/2018 17.07 1013 BELLBOY CORPORATION 35222 06/13/2018 9,114.85 1014 BELLBOY CORPORATION 35223 06/13/2018 220.40 1035 BERNICK'S BEVERAGE & VENDING 35224 06/13/2018 9,874.41 10172 BIFFS, INC.35225 06/13/2018 282.00 2009 BLACK STACK BREWING 35226 06/13/2018 348.00 12526 BONA BROS AUTO & TRUCK SERVICE 35227 06/13/2018 354.45 8544 BOURGET IMPORTS 35228 06/13/2018 121.50 12622 BOYER TRUCKS PARTS DISTRIBUTION CTR 35229 06/13/2018 99.75 10191 BRAZIL, KIM 35230 06/13/2018 39.79 1018 BREAKTHRU BEVERAGE MN BEER 35231 06/13/2018 30,628.17 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 35232 06/13/2018 16,465.27 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 35233 06/13/2018 4,141.19 10197 BRIAN NELSON INSPECTION SVCS 35234 06/13/2018 940.50 10206 BROCK WHITE COMPANY LLC 35235 06/13/2018 73.80 2014 BROKEN CLOCK BREWING 35236 06/13/2018 360.00 1017 CAPITOL BEVERAGE SALES 35237 06/13/2018 26,265.07 12139 CEMSTONE PRODUCTS COMPANY 35238 06/13/2018 532.00 12626 CHRISTOPHER & SANDRA PAYNE 35239 06/13/2018 307.52 12596 CINTAS 35240 06/13/2018 996.45 12150 CITY OF NEW BRIGHTON 35241 06/13/2018 7,743.74 10293 CITY OF ROSEVILLE 35242 06/13/2018 10,066.89 10299 CITY OF ST. PAUL 35243 06/13/2018 449.00 10307 CIVIC SYSTEMS, LLC 35244 06/13/2018 275.00 1010 CLEAR RIVER BEVERAGE COMPANY 35245 06/13/2018 1,434.96 10332 COMPTON'S COMMERCIAL CLNG. INC 35246 06/13/2018 3,578.00 12561 CORE & MAIN LP 35247 06/13/2018 104.12 1042 CRYSTAL SPRINGS ICE 35248 06/13/2018 647.44 10375 DALCO 35249 06/13/2018 377.56 10415 DIRECTV INC 35250 06/13/2018 487.22 1063 DOMACE VINO 35251 06/13/2018 366.00 11 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 5/18/2018 - 6/13/2018 Jun 06, 2018 06:31AM Vendor Number Payee Check Number Check Issue Date Amount 10431 DOOR SERVICE COMPANY 35252 06/13/2018 943.00 12484 EASTWOOD, SETH 35253 06/13/2018 125.00 10501 FASTENAL COMPANY 35254 06/13/2018 10.48 10508 FERGUSON WATERWORKS 35255 06/13/2018 230.34 10517 FIRE SAFETY USA, INC.35256 06/13/2018 250.00 10526 FLEETPRIDE 35257 06/13/2018 14.10 12627 FORD OF HIBBING 35258 06/13/2018 28,600.45 10539 FRATTALLONE'S HARDWARE 35259 06/13/2018 3.58 11775 FREEDOM MAILING SERVICES 35260 06/13/2018 57.06 1110 GENERAL INDUSTRIAL SUPPLY CO 35261 06/13/2018 116.70 10578 GOPHER STATE ONE CALL 35262 06/13/2018 603.05 1032 GRAPE BEGINNINGS, INC.35263 06/13/2018 646.75 1021 GREAT LAKES COCA COLA 35264 06/13/2018 288.02 12621 HEARTLAND VIDEO SYSTEMS INC 35265 06/13/2018 18,094.33 10636 HEDBACK, ARENDT & CARLSON PLLC 35266 06/13/2018 3,500.00 12625 HERBERT MAGNUS HANSEN 35267 06/13/2018 61.27 1019 HOHENSTEIN'S, INC 35268 06/13/2018 9,480.25 10684 HOME DEPOT CREDIT SERVICES 35269 06/13/2018 201.05 2013 INBOUND BREWCO 35270 06/13/2018 1,901.00 1027 INDEED BREWING COMPANY 35271 06/13/2018 2,187.40 11754 INTEGRATED LOSS CONTROL, INC.35272 06/13/2018 604.00 12105 INTERSTATE ALL BATTERY CENTER 35273 06/13/2018 100.95 12315 IRC RETAIL CENTERS SALO PARK 35274 06/13/2018 2,812.32 12313 IRC RETAIL CENTERS SLV LIQ 35275 06/13/2018 2,284.83 1016 JJ TAYLOR DISTRIBUTING 35276 06/13/2018 45,374.24 1004 JOHNSON BROTHERS LIQUOR CO.35277 06/13/2018 21,616.26 1005 JOHNSON BROTHERS LIQUOR COMPANY.35278 06/13/2018 11,511.57 1006 JOHNSON BROTHERS LIQUOR COMPANY.35279 06/13/2018 19,918.96 1044 JOHNSON BROTHERS LIQUOR COMPANY.35280 06/13/2018 7,007.24 2012 JUNKYARD BREWING 35281 06/13/2018 213.00 10790 KILLMER ELECTRIC COMPANY, INC.35282 06/13/2018 361.87 10806 L.T.G. POWER EQUIPMENT 35283 06/13/2018 221.42 10830 LEAGUE OF MINNESOTA CITIES 35284 06/13/2018 275.00 10833 LMCIT %BERKLY RISK ADMIN CO 35285 06/13/2018 45,530.00 10861 LOFFLER COMPANIES - 131511 35286 06/13/2018 180.60 2010 LUPULIN BREWING 35287 06/13/2018 490.50 10932 METROPOLITAN COUNCIL 35288 06/13/2018 59,047.23 10937 MIDC ENTERPRISES 35289 06/13/2018 231.95 10939 MIDWAY FORD 35290 06/13/2018 429.52 10963 MINNEAPOLIS SAW COMPANY INC 35291 06/13/2018 61.59 11032 MINNESOTA DEPT OF HEALTH 35292 06/13/2018 3,691.00 10994 MINNESOTA OCCUPATIONAL HEALTH 35293 06/13/2018 62.00 2006 MODIST BREWING COMPANY 35294 06/13/2018 828.00 11085 MURPHY'S SERVICE CENTER 35295 06/13/2018 29.70 12374 NEOFUNDS BY NEOPOST 35296 06/13/2018 700.00 1051 NEW FRANCE WINE COMPANY 35297 06/13/2018 3,293.00 11131 NORTH SUBURBAN ACCESS CORPORATION.35298 06/13/2018 15,290.89 12088 OFFICE 8 35299 06/13/2018 57.98 11163 OFFICE DEPOT 35300 06/13/2018 501.37 11170 OLSEN FIRE PROTECTION, INC.35301 06/13/2018 675.00 11185 PACE ANALYTICAL SERVICES, INC.35302 06/13/2018 1,058.50 1012 PAUSTIS & SONS 35303 06/13/2018 3,104.14 1001 PHILLIPS WINE & SPIRITS 35304 06/13/2018 9,487.01 12 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 5/18/2018 - 6/13/2018 Jun 06, 2018 06:31AM Vendor Number Payee Check Number Check Issue Date Amount 1002 PHILLIPS W INE & SPIRITS 35305 06/13/2018 5,296.68 11241 POSTMASTER - MPLS BMEU 35306 06/13/2018 1,500.00 11246 PRAXAIR 35307 06/13/2018 41.35 12008 PREMIER LIGHTING 35308 06/13/2018 700.00 11248 PREMIER WASTE SERVICES LLC 35309 06/13/2018 2,544.45 12623 RACE FORWARD 35310 06/13/2018 1,000.00 11305 RAMSEY COUNTY FIRE CHIEFS ASSN 35311 06/13/2018 60.00 1062 RED BULL DISTRIBUTION COMPANY 35312 06/13/2018 313.50 11539 REDPATH AND COMPANY 35313 06/13/2018 22,070.00 12346 SHRED IT 35314 06/13/2018 33.00 1024 SOUTHERN GLAZER'S OF MN 35315 06/13/2018 9,159.67 1008 SOUTHERN GLAZER'S OF MN 35316 06/13/2018 2,106.56 1026 SOUTHERN GLAZER'S OF MN 35317 06/13/2018 30,114.01 1036 SOUTHERN GLAZER'S OF MN 35318 06/13/2018 947.52 11457 ST ANTHONY VILLAGE CENTER, LLC 35319 06/13/2018 2,136.33 11465 ST. ANTHONY-NEW BRIGHTON 35320 06/13/2018 26,087.78 2001 STEEL TOE BREWING 35321 06/13/2018 160.00 12628 SUBURBAN AUTO BODY INC 35322 06/13/2018 722.00 12328 TECH DUMP 35323 06/13/2018 415.00 11552 TESSMAN SEED INC.35324 06/13/2018 346.31 11566 TIMESAVER OFF SITE SECRETARIAL 35325 06/13/2018 176.50 1031 TIN WHISKERS BREWING COMPANY 35326 06/13/2018 106.00 1003 TKO WINES, INC.35327 06/13/2018 79.80 1098 TRADITION WINE & SPIRITS 35328 06/13/2018 242.00 11819 TRUE NORTH ELECTRIC 35329 06/13/2018 466.20 11609 TWIN CITY GARAGE DOOR 35330 06/13/2018 1,475.40 11617 TWIN TOWN IRRIGATION 35331 06/13/2018 344.93 11637 UNITED ELECTRIC COMPANY 35332 06/13/2018 70.32 2007 URBAN GROWLER 35333 06/13/2018 660.00 11674 VERIZON WIRELESS 35334 06/13/2018 1,585.28 1025 VINOCOPIA 35335 06/13/2018 607.92 12149 VUE, KA 35336 06/13/2018 35.32 11704 WASTE MANAGEMENT OF WI-MN 35337 06/13/2018 908.93 1034 WINE COMPANY/THE 35338 06/13/2018 2,625.55 1038 WINE MERCHANTS INC 35339 06/13/2018 2,310.80 11738 WSB & ASSOCIATES, INC.35340 06/13/2018 30,458.72 12607 Z SYSTEMS INC 35341 06/13/2018 13,410.50 Grand Totals: 699,176.18 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 REQUEST FOR COUNCIL CONSIDERATION Meeting Date:  June 12, 2018          Resolution‐Authorizing a master subscriber agreement for Minnesota Court Data Services for  Minnesota Government Agencies (MGA).       OVERVIEW:     In front of you this evening is a Resolution to authorize personnel from the St. Anthony Police  Department to access appropriate electronic court records and documents stored in the  Minnesota Court Information System (MNCIS) for cases in Minnesota district courts. MGA is  an internet browser‐based application that requires no installation. Users access MGA  through individual login accounts.    The St. Anthony Police Department will access and use MGA for the purpose of assisting in  the efficient performance of its governmental duties as required or authorized by law  or  court rule in connection with any civil, criminal, administrative, or arbitral proceeding in  any Federal, State or local court  As such, the police department desires to enter into a  Master Subscriber Agreement for Court Data Services, to use systems and tools available  from the Minnesota Judicial Branch (the Court) for which the City is eligible, including  MGA (Minnesota Government Access) and court records and documents through  Minnesota Court Information System (MNCIS).    15 THIS PAGE LEFT INTENTIONALLY BLANK 16 CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 18-046 RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENT AGENCIES WHEREAS, the City of St. Anthony, on behalf of its Police Department, for the purpose of assisting in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court, desires to enter into a Master Subscriber Agreement for Court Data Services, to use systems and tools available from the Minnesota Judicial Branch (the Court) for which the City is eligible, including MGA (Minnesota Government Access) and court records and documents through MNCIS (Minnesota Court Information System. NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Anthony, Minnesota, as follows: l. That Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies by and between the Court, acting through its Information Technology Division of State Court Administration, and the City of St. Anthony, on behalf of its Police Department, is hereby approved. 2. That the Police Chief, or his or her successor, is designated the Authorized Representative. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by State Court Administration to maintain the City's government access to the systems and tools offered by the Court pursuant to the Master Subscriber Agreement. 3. That the Police Chief for the City of St. Anthony is authorized to sign the Master Subscriber Agreement for Minnesota Court Data Services for Government Agencies. APPROVED in the regular session of the City Council on June 12, 2018. _________________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _______________________________________ Mark Casey, City Manager 17 THIS PAGE LEFT INTENTIONALLY BLANK 18   MEMORANDUM           To:      Honorable Mayor and City Councilmembers         City Manager Mark Casey  From:      Breanne Rothstein, AICP, City Planner      Date:      City Council meeting on June 12, 2018      WSB Project No.  011104‐00  Request:  Public Hearing: Request for a zoning text amendment and conditional use  permit to allow for the operation of a daycare facility with 17 children at  3029 Wilson Street NE      GENERAL INFORMATION  Applicant/Owner:  Jen Johnson   Location:    3029 Wilson St NE  Existing Land Use /  Low Density Residential/zoned: R‐1; Single Family Residential    Zoning:  Surrounding Land  North:  Low Density Residential / Zoned R‐1 ‐ Single Family Residential  Use / Zoning:    East:   Low Density Residential / Zoned R‐1 ‐ Single Family Residential     South:  Low Density Residential / Zoned R‐1 ‐ Single Family Residential    West:   St.  Mary’s  Russion  Catholic  Cemetery  /  Zoned  R‐1  ‐  Single  Family  Residential  Deadline for Agency  Application Date:     5‐2‐2018  Action:  60 Days:       7‐1‐2018  Letter Sent:      No    120 Days:      NA    BACKGROUND  The Applicant currently operates a daycare facility at the home located at 3029 Wilson Street. She  holds a Minnesota Child care center License (Rule 3), which is a commercial type license and does  not establish a maximum number of children allowed, except through teacher/student ratios and  does not require her to live on‐site. She does not live on site and employs a total of three teachers,  including herself.  Minnesota State Statute protects family childcare centers as a permitted use in the R‐1 district, and  family childcare centers are limited to 14 children. Previous to now, it has been staff’s interpretation  of the zoning code and the statute that a childcare center having up to 14 children is allowed in the  R‐1 district, despite the specific state licensing.  19 June 12, 2018  Page 2  The Applicant is requesting an increase in children from 14 to 17 children. Currently, with the three  teachers she has on site, her Child Care License allows her up to 17 children. However, it is the  interpretation that the city code does not allow, nor does Statute protect, such a use. Therefore,  staff has directed the Applicant that, in order to proceed with the childcare center at 17 children,  she would need to make the following requests:  1) A zoning code text amendment to list a Child Center facility with up to 17 children as a  permitted or conditional use in the R‐1 district;  2) A conditional use permit to allow for a Child Center facility with up to 17 children on the  property located at 3029 Wilson Street.  If the Council finds a compelling public interest to change the code to allow for such a use, then a  conditional use permit can also be considered. If the Council finds such a use not appropriate in the R‐1  zoning district, the request for a conditional use permit is moot, and must be denied.  Staff has received several calls relating to this request, both in favor and against the proposed increase  in children. One letter in writing was received opposed to the request, and is included in your packet.    APPLICABLE CODES AND STATUTES   Section 152.036, the City zoning ordinance lists “State licensed facilities permitted under M.S. §  462.357, Subd. 7, as it may be amended from time to time,” as permitted uses in the R‐1 district.    In Section 152.242, the City zoning ordinance sets forth the review for zoning text amendments.   In Section 152.243, the City zoning ordinance sets forth the review and approval criteria for  conditional use permits.   M.S. § 462.357, Subd. 7 says “a licensed day care facility serving 12 or fewer persons, and a  group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to  serve 14 or fewer children shall be considered a permitted single family residential use of  property for the purposes of zoning.”   MN.gov’s website page on Child care center License (Rule 3) defines child care:   o A child care center, generally, is characterized by a location other than the provider’s or  caregiver’s home, larger numbers of children being cared for, and staff qualifications  and training requirements.  o Family child care is generally provided in the caregiver’s home and no more than 14  children can be cared for at any one time.  ANALYSIS OF REQUEST FOR A ZONING TEXT AMENDMENT  The applicant is requesting the addition of language to § 152.037, Permitted Conditional Uses for  the R‐1 zoning district, to allow for child care centers serving up to 17 persons. M.S. § 462.357, Subd.  7 allows group family day care facilities serving 14 or fewer children. Because the applicant’s  business is licensed as a child care center, rather than family child care, it does not have state‐ imposed restrictions on the number of children the center can serve, provided adequate space and  services.   A zoning text amendment adding a child care center as a conditional use would add a new use to the  conditional use chart in the R‐1 zoning district. Generally speaking, conditional uses should be  considered generally permitted, with conditions. Therefore, uses in this district should be  compatible with other R‐1 Single Family uses. Currently permitted uses include single‐family homes,  schools, assembly uses and religious institutions, and parks.   The City has broad discretion in the review and approval of a zoning code text amendment since it is  considered a policy change. While the requested zoning code text amendment does not by itself  20 June 12, 2018  Page 3  allow the requested use as permitted with no conditions, approving such a policy change would  mean that the city is generally comfortable with the use, as long as reasonable conditions were  applied in the independent review of an application.   City Code does not specifically establish guidance for the City in the review of code text  amendments. However, staff would recommend using the following considerations:  1) Is the request in keeping with the intent of the R‐1 Zoning Ordinance “to create and maintain  areas which due to the natural amenities of the land, low traffic volumes, and historical  development patterns are best suited for single‐family detached residences.”  The intent of the Statute protection for childcare centers in the R‐1 district is to allow for such  uses on a limited basis (specifically up to 14 children).   2) Is the proposed use of a commercial childcare center serving up to 17 children a generally  acceptable use, as along as reasonable conditions are applied?  The proposed use is not acceptable, given the desire to increase the number of children beyond  what is normally allowed in the R‐1 district (17 children).  3) Is the use consistent with the other uses in the adjacent neighborhood?  This area consists of mostly single‐family homes, however there are religious institutions and  schools in the surrounding neighborhood.  4) Is there any reason to believe that the proposed use will diminish adjacent property values or  disrupt the neighborhood?  Staff does not believe property values will be affected.  5) Is there a compelling public interest to change the zoning code in this manner?  While the existing use is functioning well within a single‐family context, staff believes there is no  compelling public interest to deviate from the 14 children maximum protected by statute.    ANALYSIS OF REQUEST FOR A CONDITIONAL USE PERMIT  Consideration of the conditional use permit to allow a childcare facility of 17 children at 3029 Wilson is  only in order IF the city has taken action to approve the zoning code text amendment to allow a  commercial childcare facility serving up to 17 children as a conditional use. Should that action fail to be  approved, the city must deny the request as inconsistent with city code.  When reviewing the appropriateness of a request for conditional use permit, the following factors must  be considered, in accordance with City Code:  1) The use is one of the conditional uses specifically listed for the district in which the property    is located;   Not as currently listed in the zoning code. The use would have to be added as conditional in the R‐ 1 zoning district via a zoning text amendment.    2) The City Council has specified all conditions which the City Council deems necessary to make the  use compatible with other uses in the area;   If approved, staff recommends a series of conditions be applied to this permit, including hours of  operation, pick up and drop off times, and compliance with all nuisance and other applicable  zoning codes. The applicant has stated in their application letter: “Our hours are 8am‐5pm,  21 June 12, 2018  Page 4  Monday‐Friday. Our hours support us living well with our neighbors. Many people leave for work  before 8am and come home after 5pm. The preschool is in a home in a neighborhood.”  3) The use will not be detrimental to the health, safety, or general welfare of persons residing or  working in the vicinity or to the values of property in the vicinity; and   4)  The use will provide a service or a facility which is in the interest of public convenience and will  contribute to the general welfare.  A child care facility is a public convenience and allows for residents to meet their childcare needs  within their neighborhood.    RECOMMENDATION  The Planning Commission met on May 21, 2018 and held a public hearing. Several people spoke, both in  support, and in opposition to the request and the current daycare facility. The Planning Commission  voted 5 to 1 to recommend denial of the request, based on the draft resolution.  The City zoning ordinance does not currently allow child care facilities serving more than 14 persons in a  single‐family district. A zoning text amendment allowing child care centers serving up to 17 persons in  the R‐1 zoning district would be the addition of a new use to that zoning district, as the proposed child  care center is not a family child care (a use that is currently permitted), but more of a commercial child  care center. The R‐1 zoning district already allows child care facilities serving up to 14 persons. Staff  recommends that the city defer to Minnesota Statute, and maintain the current permitted uses in the R‐ 1 zoning district, based on the above stated findings and deny the request for a zoning code text  amendment and conditional use permit, as requested.  POSSIBLE ACTIONS  1. Motion to adopt a resolution denying the zoning text amendment and conditional use permit,  for the property at 3029 Wilson St NE.  2. Motion to approve the zoning text amendment and conditional use permit as requested, based  on the stated findings and direct staff to develop a resolution approving the application.  3. Request Additional Information and Table the Application. The applicant appears to not have  provided enough information for the City Council to approve or deny the request.    ATTACHMENTS  Exhibit A:  Application Materials   Exhibit B:  Public Comments                            22 23 24 25 26 27 28 I own a preschool in St.Anthony Village called Willow & Sprout. We are a holistic early childhood community including children ages 16months -5 years of age. We are licensed under a Rule 3, with which the state allows up to 17 children. However, the city has restricted that number to14 children per day. Our ratios are 3 licensed-teachers to the 14 children. This ratio is small and consistent to provide a high quality early childhood experience. Our hours are 8am-5pm, Monday-Friday. Our hours support us living well with our neighbors. Many people leave for work before 8am and come home after 5:00pm. The preschool is in a home in a neighborhood. I wanted to create an environment for curiosity and learning that felt like the intimacy of home and the transparency of a neighborhood school. Nine years ago I worked with Kim Moore Sykes, the city planner at the time, to create a new and unique preschool. I was so proud at how pro early childhood the city of St. Anthony Village was and continues to be. This is unique to the city. The city heard my vision and supported the unique experience. Kim did provide me a letter stating that the city would allow this business model and defer to the county (Rule 2) and state (Rule 3: up to 17 children allowed) to oversee the details of the program. (see letter attached) I purchased the house in St. Anthony knowing I would be able to run my business in a sustainable and responsible manner: fiscally and professionally. I am requesting the city to consider honoring the original letter I received from Kim Moore Sykes allowing me to adhere to the Rule 3 allowance per the State of MN of 17 children. This change will allow me to do what I was originally permitted to do. The state would approve this change. This will allow us to fiscally sustain and continue to provide the high quality experience to St. Anthony families and surrounding communities. This is an exciting opportunity for St. Anthony Village to continue to value the importance of early childhood in their community while supporting a progressive, woman owned small business. My business aligns with the cities mission statement: To be a progressive and welcoming Village that is walkable, sustainable and safe. Because of our location in a neighborhood it is walkable and safe. As well as we continue to desire to create a business model that is sustainable. I ask that you join me in continuing to support another option for parents and their families during their early childhood experience. Warmly, Jen Johnson owner of Willow & Sprout 29 K ristin B len k u s h 25 0 8 3 6 th A v e n u e N o rth e a st Sa in t A n th o n y , MN 55418 June 4, 2018 Saint Anthony Village City Council c/o Mark Casey, City Manager 3301 Silver Lake Road St. Anthony Village, MN 55418 Dear Council Members: I am writing in support of the proposed zoning code text amendment permitting 17 children in child care in the residential district and also the conditional use permit requested by Willow and Sprout, both of which I view as a highly compelling public interest. I am a resident of Saint Anthony Village and the parent of three kids. My oldest child attended Willow and Sprout from 2012 until she started kindergarten in 2016, and she is currently finishing up her first grade year at Wilshire Park. My sons, ages five and three, currently attend Willow and Sprout. My family and I have been amazed by the welcoming nature of the people in Saint Anthony Village. The small-town, kid-friendly feeling of this community is really special and it makes me grateful that we chose this place to raise our family. We have been incredibly impressed by the elementary school education that our daughter is getting as well. It is not easy to find high quality pre-K child care options in this area - especially for infants and toddlers. The hybrid in-home model that Willow and Sprout uses is unique, and provides incredible benefits to this community. The children get the benefit of individualized attention and the continuity of care providers over a number of years. The small, manageable environment fosters confidence and curiosity in the children. Parents get the benefit of care that is conveniently located in the neighborhood, and the peace of mind that comes from having multiple, qualified care providers in the home. I would encourage any community member to tour Willow and Sprout and understand what a magical and supportive place this is for children. We should encourage the development of more of this type of education within Saint Anthony Village. It is clear from the length of the Willow and Sprout wait list that this is a resource our community lacks. The reality is that the difference to neighbors of increasing from 14 to 17 kids is negligible. Minnesota has some of the most stringent child care laws in the country. If Minnesota law permits 17 kids, I can see no reason why Saint Anthony wouldn't support this text amendment. It is expensive to provide quality child care. Permitting a slightly increased number of children would encourage others in our community to take on this highly sought after model of child care. I also want the people who are spending 45 hours a week with my children to be compensated well for their work, which is better accomplished with a ratio that reflects the State of Minnesota requirements. I want to live in and raise my children in a community that supports neighborhood-based child care. I would also like to offer some alternative perspectives on the comments made by some neighbors at the planning commission meeting. A few neighbors commented that the amount of traffic on Wilson Street is a concern. I would invite council members to observe the parking and traffic activities on the 30 stree t in fr o n t o f W illo w an d S p ro u t o r an y o the r ch ild ca re site s in re sid e n tia l are as . It is no t su b sta n tia lly d iff e re n t fr o m an y o th e r are a in to w n . For e x a m ple , aro u n d th e co rn e r fr o m m y ho u se , th e re is a stre tc h o f a re siden tia l stree t tha t re g u la rly ha s 10 -1 5 ca rs p a rk e d o n b o th side s o f th e stre e t. T h is d o e s no t ap p e a r to be so m e th in g th a t th e C ity o f Sa in t A n th o n y is d isc o u rag ing . I u n de rsta n d th a t I a m p a r t o f a c o m m un it y o f p e o p le , a n d s o m e o f m y n e ig hb o r s p a r k o n t h e p ub lic s t r e e t s . W h e n t h e r e a r e c a r s pa r k ed o n t h e s t r ee t , d r iv e r s m u s t u s e e x t r a c a u t ion . E x pe c t in g p e o p le t o d r iv e c a u t io u s ly w h e n t h e r e a r e c a r s p a r k e d o n t he s t r e e t is n o t a n u n r ea s o n a b le r e q u e s t , r e g a r d le s s o f t he p a r t ic u la r n e ig hb o r h o o d o r r e s id e n t s . A t t h e p la n n i ng c o m m i ss io n m e e t in g , on e n e ig h b or in pa r t ic u la r n o t e d a t t he p la n n i n g co m m is s io n m e e t i ng t h a t s h e s im p ly d o e s n o t c a r e fo r c h il d r e n . T h is v ie w is n o t r e p r e s e n t a t iv e o f t h e o v e r a ll co m m u n it y a n d s h o u ld n o t p ro v id e t he ba s is fo r t h e ci t y 's d eci s io n m a k in g . A ga i n , I'd li k e t o o ff e r a n a l t e rn a t iv e p e r s p e c t iv e . O n m y b lo c k a lo n e t h e r e a r e a t le a s t 1 1 c h i ld r en . T r a v e l t w o b lo ck s in a n y d i r e c t io n fr o m m y h o u s e , a n d t ha t n u m be r d o ub le s o r t rip le s , a n d m o s t o f t he s e k id s a r e u n de r t h e a g e o f 1 0 . O u r co m m u n it y is in t r a n s it ion . T h e r e a r e k id s e v e ry w h e r e . D o e s t h i s m e a n t ha t I h a v e t o d r iv e m o r e s lo w ly a n d c a r e f u ll y d o w n o u r r e s ide n t ia l s t r ee t s b e c a u s e t h e r e a r e c h i ld r e n p la y in g , b ik in g a n d r u n n i ng ? A b s o lu t e ly . A n d in t h e in t e r e s t o f c r e a t in g s a f e , w a l k a ble s t r e e t s fo r o u r a l l o f ou r ci t iz e n s , I'm h a p p y t o d o it . A s y o u li k e ly k n o w , t h e n e ig h b o r s lo c a t e d d i r e c t ly t o t h e s o u t h o f W illo w a n d S p ro u t h a v e ob j e c t e d t o t h is m o t io n . A ga i n , t h e a c t io n s t h a t t he se n e ighb o r s h a v e t a k e n r e fl e c t a t t it u d e s t ha t a r e n o t r ep r e s en t a t iv e o f t he c ommu n it y . F or e x a m p le , t h e s e n e igh b o r s in d i c a t e d in t h e i r le t t e r t ha t t he y e r e c t e d a f e n c e b e t w e e n t h e i r fr o n t y a r d a n d W ill o w a n d S p ro u t 's fr o n t y a r d . T he y n eg le c t e d t o m e n t io n , h o w e v e r , t ha t t he y c o v e r e d t ha t f e n c e in Va s e li ne in o r d e r t o d e t e r t he c h il d r e n fr o m e n t e r ing t h e ir y a r d . Th e i r a tt it ud e s a r e n o t j u s t u n r e p r e s en t a t iv e ; t h e y a r e w h o lly ina p p ro p r ia t e in a r e s id e n t ia l co m m u n it y . F or a ll o f t h e r ea s o n s I'v e s t a t ed , t h i s t e x t a m e n dme n t h a s a h igh ly c o m p e lli n g p u blic in t e r e s t. I f u ll y s u pp o r t t h is t e x t a m e n d m e n t a n d t h e g r a n t ing o f t h e c o n dit io na l u s e p e r m it t o W i ll o w a n d S p ro u t t o s u p p o r t o ur fa m i lie s, o u r n e ig hb o r h o od s a n d o u r e n t r e p r en eu r ia l e du c a t o r s . I w o u ld b e h a p p y t o d is c u s s a n y q u e s t io n s t h a t a n y c ou n ci l m emb e r m a y h a v e . V e r y t r u ly y o u r s , K* Kristin Blenkush 31 THIS PAGE LEFT INTENTIONALLY BLANK 32 3029 Wilson St NE Conditional Use Permit/Zoning Text Amendment Request City Council Meeting June 12, 2018 3029 Wilson St NE General Information Applicants:Jen Johnson Owners:same Location:3029 Wilson St NE Existing Land Use Low Density Residential / Zoning:R-1 Single Family Residential Surrounding Land Use/ Zoning: North: Low Density Residential / Zoned R-1 -Single Family Residential East: Low Density Residential / Zoned R-1 -Single Family Residential South: Low Density Residential / Zoned R-1 -Single Family Residential West: St. Mary’s Russian Catholic Cemetery / Zoned R-1 -Single Family Residential 33 3029 Wilson St NE •Overview –R-1 zoning district limits enrollment of day care facilities to 14 or fewer children, per state statute MS 462.357 –Proposal is to expand enrollment of existing day care from 14 to 17 children –Request for zoning text amendment to allow increased enrollment as a conditional use. Request for a conditional us permit subsequent to zoning text amendment. 3029 Wilson St NE 34 Zoning Text Amendment Review •The request differentiates between family child care and child care centers. –Under state statute, child care centers can have larger enrollments, characterized by a location other than the provider’s or caregiver’s home. •A zoning text amendment would add a new use to the permitted, interim, and conditional uses, as currently the zoning code only permits family child care, provided in the caregiver’s home. •The zoning ordinance does not currently allow child care facilities serving more than 16 persons in any zoning district. •The use is one of the conditional uses specifically listed for the district in which the property is located; –Criterion not met •The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area; –Criterion met •The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and –Criterion met •The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. –Criterion met Conditional Use Permit Review 35 •Recommendation Planning Commission met on May 21, 2018, held a public hearing, and several people spoke for and against the request. Planning Commission voted 5 to 1 to deny the request for a zoning code text amendment and therefore a conditional use permit. 3029 Wilson St. NE 3029 Wilson St NE Questions? 36 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 18-047 RESOLUTION DENYING A CODE TEXT AMENDMENT TO ALLOW A CHILDCARE FACILITY SERVING UP TO 17 CHILDREN IN THE R-1 SINGLE FAMILY DISTRICT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHILDCARE FACILITY SERVING UP TO 17 CHILDREN AT 3029 WILSON ST WHEREAS Jen Johnson has made application for a zoning code text amendment to allow as a conditional use permit childcare facilities with up to 17 children in an R-1 Single Family District; and WHEREAS the Applicant has also requested a conditional use permit to allow a childcare facility at 3029 Wilson Street to serve up to 17 children; and WHEREAS Section 152.242 allows for applicants to make requests to change the city’s zoning code through a Code Text Amendment; and WHEREAS The Planning Commission reviewed and considered the request based on the related documents shown in the Applicant’s application in a public hearing at their regular meeting on May 21, 2018, and recommended denial of the request. NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village adopts the following findings of fact related to the Applicant’s request:  The request is not in keeping with the intent of the R-1 Zoning Ordinance “to create and maintain areas which due to the natural amenities of the land, low traffic volumes, and historical development patterns are best suited for single- family detached residences” because the current code allows for the reasonable and state protected use of childcare centers accommodating up to 14 children.  The proposed use is not acceptable, given the desire to increase the number of children beyond what is normally allowed in the R-1 district (17 children).  This area consists of mostly single-family homes, however there are religious institutions and schools in the surrounding neighborhood.  There is no compelling public interest to change the city code to deviate from the 14 children maximum protected by statute for childcare facilities. 37  The proposed use is not currently allowed as conditional use in the R-1 zoning district. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s hereby denies the requested code text amendment and conditional use permit, based on the findings stated herein. Adopted this 12th day of June, 2018. _________________________________________ Jerome O. Faust, Mayor ATTEST: ____________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 38 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: June 12, 2018 Resolution-Special Event at The Unofficial Dive Bar & Grill on Saturday, July 28, 2018 OVERVIEW: In front of you this evening is a resolution to approve a request from Chris Christopherson for their 3rd annual customer appreciation special event at The Unofficial Dive Bar & Grill on Saturday, July 28, 2018. In speaking with the police department, one call was received in regards to excessive noise from last year’s event. A diagram of the event is included in your packet.   39 THIS PAGE LEFT INTENTIONALLY BLANK 40       The Unofficial 3rd Annual Customer Appreciation Event    On Saturday July 28th 2018, The Unofficial would like to host their 3rd annual customer appreciation  event. The event will take place from around 12 noon until 930pm outside in our parking lot. We plan to  have outdoor seating in addition to our fenced in patio. We would also like to offer draft beer for sale  out of a refrigerated trailer on loan to us by one of our beer vendors. We would also like to offer smoked  pork sandwiches on our back patio for sale. At 4 pm we would like to begin live music in the parking lot.  We will have 3 local bands playing music between the hours of 4pm and 930pm. At 930pm we will stop  the music and move people back inside so that the noise will not bother our neighbors past 10pm at the  latest. We understand that late night music has been an issue in the past and we want to be sensitive to  the comfort of our neighbors.     Please let me know if you need anything additional.     Thank you,   Chris Christopherson    41 N Stinson 37th Trash Building Patio Food Cart Beer Truck Stage Music Direction Picnic Tables Cocktail tables Hand wash Gar- bage Gar- bage Gar- bage Gar- bage 42 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 18-048 RESOLUTION TO APPROVE SPECIAL EVENT AT THE UNOFFICIAL ON JULY 28, 2018 WHEREAS, The Unofficial has submitted an event proposal along with site map for a customer appreciation event on July 28, 2018. The event will include live music, beer truck, outdoor food tent, local artists vendor tents and outdoor games; and WHEREAS, the hours of the event will be 12:00pm-9:30pm, with live music 4:00pm-9:30pm; and WHEREAS, the City of St. Anthony has the authority to grant a holder of an on-sale liquor license to serve alcohol off premises at a community festival with proof of liquor liability insurance to cover the event; and WHEREAS, The Unofficial will comply with the City of St. Anthony Police department’s recommendations on appropriate security for the event. THEREFORE, BE IT RESOLVED, the City Council of the City of St. Anthony Village approves the request for The Unofficial to hold a special event on July 28, 2018 with the conditions mentioned above. Adopted this 12th day of June, 2018. _________________________________________ Jerome O. Faust, Mayor ATTEST: ____________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 43 THIS PAGE LEFT INTENTIONALLY BLANK 44 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: June 12, 2018 Resolution-Special Event at The Unofficial Dive Bar & Grill on Sunday, August 5, 2018 OVERVIEW: In front of you this evening is a resolution to approve a request from Chris Christopherson for their 2nd annual classic car show special event at The Unofficial Dive Bar & Grill on Sunday, August 5, 2018. In speaking with the police department, no complaints were called in from last year’s event. A diagram of the event is included in your packet. 45 THIS PAGE LEFT INTENTIONALLY BLANK 46     2nd Annual Spartans Classic Car Show at The Unofficial    On Sunday August 5th we would like to host a classic car show. This show is hosted by The Spartans Car  Club and showcases vehicles that are 1964 and older. We expect to have around 100 cars show up like  we did last year. This event will take place in our north parking lot. Cars will begin showing up around  8am. The event itself will run from 10am – 1pm. We would like to use the beer truck that we had from  the previous weeks event to sell beer on our back patio. We would also like to offer water, soda and  burgers for sale to the attendees. We would like to hire a dj to play music outside between the hours of  10am and 1pm.     Please let me know if you require anything additional.     Thank you,   Chris Christopherson    47 N Stinson 37th Trash Building Patio Food Cart Beer Truck Hand wash Gar- bage Gar- bage Gar- bage Gar- bage Gar- bage Cars DJ 48 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 18-049 RESOLUTION TO APPROVE SPECIAL EVENT AT THE UNOFFICIAL ON AUGUST 5, 2018 WHEREAS, The Unofficial has submitted an event proposal for a classic car show on August 5, 2018. The event will include DJ music and outdoor food; and WHEREAS, the hours of the event will be 10:00am-1:00pm with live music 10:00am-1:00pm; and WHEREAS, the City of St. Anthony has the authority to grant a holder of an on-sale liquor license to serve alcohol off premises at a community festival with proof of liquor liability insurance to cover the event; and WHEREAS, The Unofficial will comply with the City of St. Anthony Police department’s recommendations on appropriate security for the event. THEREFORE, BE IT RESOLVED, the City Council of the City of St. Anthony Village approves the request for The Unofficial to hold a special event on August 5, 2018 with the conditions mentioned above. Adopted this 12th day of June, 2018. _________________________________________ Jerome O. Faust, Mayor ATTEST: ____________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 49 THIS PAGE LEFT INTENTIONALLY BLANK 50 Date Type Staff Present June 26 Regular Audit Presentation Fire Relief Organics Drop off site City Council City Manager Finance Director July 10 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update City Council City Manager City Engineer July 24 Regular Night to Unite Presentation Night to Unite Proclamation Liquor Operations Mid Year Report VillageFest Presentation City Council City Manager Police Chief Liquor Op Mgr July 31 Special 5:30 p.m.Joint Meeting with School Board City Council City Manager August 14 Regular 8:00 p.m. Planning Commission items from July SANB #282 Presentation Approve 2019/2020 Street & Utility Recon Feasibility Study & order 2019 Plans and Specs City Council City Manager August 28 Regular Budget Presentation Sheriff Stanek presentation City Council City Manager Finance Director September 11 Regular Planning Commission items from August Commissioner Mary Jo McGuire 2019 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day City Council City Manager Finance Director September 25 Regular Fire Prevention Presentation City Council City Manager Fire Dept October 9 Regular Planning Commission items from September Quarterly Donations & Grants Certification of Delinquent Utility Accounts-Consent Agenda Certification of Delinquent Waste Hauler Accounts-Consent Agenda City Council City Manager October 23 Regular City Council City Manager October 30 Special 5:30 p.m.Joint Meeting with School Board City Council City Manager FUTURE COUNCIL AGENDA ITEMS 2018 51 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS November 13 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater City Council City Manager November 27 Regular Fire Prevention Poster Winners Water Conservation Poster Winners 2nd Reading Water, Sewer, & Stormwater City Council City Manager Fire Dept Public Works Director December 11 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2019 City & HRA Budgets and Final Property Tax Levy -Public Hearing Final Reading Water, Sewer, & Stormwater 2019 Fee Schedule 2019 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager Finance Director City Engineer December 26 Regular City Council City Manager January 8 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January__Special 9:00 a.m.Goal Setting City Council City Manager Dept Heads January__Special 8:30 a.m.Goal Setting City Council City Manager Dept Heads January 22 Regular 2019 Parks Commission Work Plan- (motion only) City Council City Manager February 12 Regular Planning Commission items from January 2019 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessments Snow Plowing presentation City Council City Manager City Engineer Public Works Director February 26 Regular Administration Annual Report Adoption of Strategic Plan City Council City Manager 2019 52 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS March 12 Regular Planning Commission Items from February Presentation from Ramsey County Sheriff Jack Serier Liquor Annual Report Fire Annual Report Liquor License Renewals GreenCorp Member application-resolution City Council City Manager Fire Dept Liquor Op Manager March 26 Regular 2019 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds Police Annual Report City Council City Manager Police Dept City Engineer April 9 Regular Planning Commission Items from March Quarterly Donations & Grants Public Works Annual Report Spirit of St. Anthony Award City Council City Manager Public Works Director April 23 Regular Arbor Day Proclamation 1st Quarter Goals Update 2019 Street Project Approve Sale of Bonds Students in Governement Presentation 2019 Planning Commission Work Plan-(motion only) City Council City Manager City Planner May 14 Regular Planning Commission items from April Chamber of the Year and Business of the Year Finance Annual Report Public Hearing-Budget Calendar City Council City Manager Finance Director May 28 Regular Salo Park Concert Series Insurance Renewal Tort Limits - Consent Order 2021 Street & Utility Recon Feasibility Study City Council City Manager City Engineer May_Special 4:30 p.m.Tour of the City City Council City Manager June 11 Regular Planning Commission Items from May City Council City Manager 53 May 21, 2018 To: St. Anthony Planning Commission and City Council From: Holly Wick Bower, Resident at 3038 Harding St. NE RE: Willow & Sprout Conditional Use Permit & Zoning Text Amendment As a Willow & Sprout neighbor and parent of former Willow & Sprout students, I support the request of Jen Johnson, owner of Willow & Sprout, to increase enrollment from 14 to 17 students. Willow & Sprout's location is an ideal setting for a quality early childhood experience and an asset to our community. Because of its location across the street from a cemetary, Willow & Sprout has few neighbors impacted by increased traffic or other disruptions throughout the day. It is a joy to hear the laughter and banter of the children when I am out working in my yard on days I am home. And, I believe having a preschool in a home -like environment provides a sense of belonging and safety that bigger preschools do not provide. As a parent of former Willow & Sprout students, I was and continue to be impressed with the curriculum, individualized learning plans, communication and other opportunities the children at Willow & Sprout experience. Students engage in higher order thinking around topics of interest. They engage in quality art experiences, physical activity and outdoor /environmental learning. The children are taught and use language that is respectful and are given responsibilities that foster independence and collaboration. My children are currently in 3rd and 5th grade at Wilshire Park Elementary. They are meeting and exceeding the standards both academically and socially. Because of their preschool experience at Willow & Sprout and the support of their teachers, Jen Johnson and Tami Hodgkins, our children have moved on to elementary school with confidence and the skills to be positive contributors in their community. Allowing three more students to receive a world -class preschool experience prepares them to be an asset to our community, thus I urge you to approve the request put forth by Jen Johnson, owner of Willow & Sprout. Thank you! Lou Ann and Nancy Schmidt 3025 Wilson Street NE St. Anthony, MN 55418 May 11, 2018 Re: Notice of Public Hearing for Daycare Facility We have lived next door to the daycare since it opened in October, 2010. It began under the guise of an "in-home" daycare, but no one has lived at 3029 Wilson since it opened and it was therefore always a business. We have complained about the traffic, excessive noise level of kids screaming, etc. since the get -go (see copy of our October 29, 2010 letter attached), but our complaints fell on deaf ears (see City's response of 11/4/10 that basically blew off our complaints). We vehemently oppose a Conditional Use Permit since this is a RESIDENTIAL neighborhood, not a business zone. Most likely, the daycare people will say they've been here since 2010 and are well established and things are hunky-dory. They came in on false pretenses and most likely didn't pay enough taxes by claiming a homestead credit, but things have not been good since they moved in. Below, please find various reasons for our request for denial of the permit: We experience LOTS of extra traffic on our RESIDENTIAL road. The customers won't go around the block, but rather jockey back and forth in the road to turn around to leave. Or, they use our driveway, which causes extra wear and tear on our property, and in the winter it leaves ice tracks. At times, the parked cars extend over our driveway, making it difficult for us to get in or out. A friend had a fender -bender pulling out of our driveway because a crying kid she thought might dart out by the driveway distracted her. The kid's dad watched her back out and into the car parked directly across from driveway and never even shouted a warning. When the parents pick up their kids, they don't just head home. They all play out front, screaming and running near the road for another 15-20 minutes. This ties up our RESIDENTIAL street longer than need be. And after a long day of listening to the screamers, we really don't appreciate hearing them any longer. We have a lot of walkers on Wilson Street, which was normally a quiet street until the business moved in. Now they must walk around cars parked on both sides of the street at times. Also, when cars line both sides of the street, it's too narrow for an emergency vehicle to get through. If this is a business, they should make accommodations for off-street parking. We put up a fence in 2010 because the customers would park in front of our house and cut diagonally across OUR front lawn to pick up their kids. The daycare people have no regard for other's property and allowed the kids to play on that fence. We replaced that fence with a second one, which is now also wrecked. And still some of the customers walk across our lawn and go over the fence. Continued One of our biggest complaints is the noise level of the screaming kids at play. We realize kids will make noise, but when you have ten or more, some just screaming for the attention, it is very irritating and loud. We have been on the phone, inside our house, and had people ask what the noise was when the screaming kids were outside. We can't even have our windows open when the weather turns nice because of the noise level. We are retired and if we wanted to take our morning coffee on the deck, we can't because we can't hear each other talk. When friends drop by, we also cannot enjoy time on our deck unless it's after 5:30 or on a weekend. Why should we be restricted on when we can use our yard? If we lived next to a park or playground, we would expect this. (Actually, we don't think they would be as constantly busy as the daycare, every day!) The kids are never disciplined to quiet down or "simmer down", they are just allowed to scream. They are not being taught what manners are acceptable in a neighborhood setting. The daycare will always have continuous young children. A normal family has young children that grow up past the screaming age, become adults and move away. We try to plan any yard work around the times the kids are inside; otherwise, the noise drives us crazy. We believe there are also safety concerns. At lunchtime, several of the workers leave. We wonder what would happen in case of an emergency, if they don't have enough help. Also, kids will dart out between all the parked cars, just a tragic accident waiting to happen. One day, a little kid chased a wild turkey (not a good idea on its own) right down the middle of the street with the parent laughing and watching! Since parents are the main daycare workers, we wonder if they are trained in CPR in the event of an emergency, or what safeguards are in the house. Is this even a licensed facility? Are they regulated/inspected for the safety of the kids? In the summer, after school is out, there are even more kids over there as the older siblings join them. There should be some limit on how many kids can be screaming in one yard at one time! St. Anthony does have a noise ordinance, doesn't it? They are very inconsiderate people. They have no input in the neighborhood and it would be very nice to have regular neighbors, not a BUSINESS, who you could turn to for help or who would watch over neighborhood property when people are away. We DO NOT want this property zoned for commercial use, as then it will ALWAYS be available to another business venture. We repeat, this is a RESIDENTIAL NEIGHBOORHOOD, not a commercial area, and we individual homeowners should have some rights under the law, too! PLEASE do not grant the daycare a Conditional Use Permit. Thank you for your consideration. Sincerelyy,n, c o ° _. y^6/(.tl�/yvr J �C Lou Ann and Schmidt Enc. Lou Ann and Nancy Schmidt 3025 Wilson Street Northeast St. Anthony, MN 55418-2371 612-788-5460 October 29, 2010 The Honorable Jerry Faust Mayor, City of Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mayor Faust: We have lived in St. Anthony since 1986 and have always enjoyed the quiet, neighborly feel of the community. However, that has all recently changed. The house at 3029 Wilson Street had been vacant for some time. Unfortunately, it is still vacant evenings and weekends because as of October 1, the house turned into a daycare business. It is open only from about 8 a.m. until 5:30 p.m. Then the doors close and the house is empty. No one lives at the residence to be part of the neighborhood. In our opinion, this is a commercial venture, not an in- home daycare run out of someone's home. This should not be allowed in a residential area not zoned for commercial use. We would appreciate knowing the difference between commercial and residential and why this enterprise is not considered commercial just because it happens to be in a house. We have several issues with this business: Our biggest concerns are the traffic and parking. At least twice a day, cars are parked on both sides of Wilson and there is barely room for one vehicle to pass down the road. It would be impossible for an emergency vehicle to get down the road during these times. Wilson is not a very wide road in this area behind the cemetery. We're also worried about the upcoming winter season when it comes to plowing. We know there is a no parking rule until 2+ inches of snow have been removed, but there is no way the customers will be able to drop off and pick up children without parking on the street. They just don't park for a minute to run in. They usually stay for quite some time. Will the plow driver be able to change his route to accommodate these vehicles or will our road not be plowed if he comes when they are parked on the street? The daycare's customers park in front of our house (perfectly legal), but they walk diagonally across our front yard to go to the front door or to cut between our house and the daycare to pick up their children from the backyard when it's nice outside. Our windows are right there and we do not appreciate having a bunch of strangers walking across our yard and that close to our house. Also, we had new sod installed this summer and it is getting tramped down. We felt the only way to stop this was to install a fence between our house and the daycare since they appear to have no respect for others' property. So, we have installed a temporary fence until we can afford something more permanent. It will be an inconvenience for the mail carriers since we have always shoveled a path between the houses for their use in the winter. Now they will have to backtrack down the driveway. • The daycare installed a fence around their backyard and put the gate between the houses. They take the kids out the front door, walk them between the houses and into the backyard. There is a backdoor they could use or they could have put the gate on the other side and walked between two garages and caused less of a disturbance. Also, this is where the customers go to pick up their children on nice days. The Honorable Jerry Faust October 29, 2010 Page 2 There is also the noise factor. We realize kids will make noise outside. If this were a family with a few kids playing, it would just be a normal family. Eventually, they would grow older and mature. However, with a daycare, we will have a perpetual supply of ten -year-olds or younger. We've already discovered on warm days that we cannot have our windows open when the ten (or more!) kids are out in the yard at least twice a day. That is so sad. We bought this house on a quiet street, across from a cemetery, to enjoy the natural aspects of the area, not listen to a bunch of kids. It's like they transplanted a school playground or a park next door. • The re -sale value of our property is now down and it's not due to the economy. No one would want to move next to a business and we never wanted a business to move next to us! • We also want to make sure the owners of this business do not have the place homesteaded since they are not living there. If your office does not deal with this, please advise the proper authorities for us to contact. • We tried to welcome these people when they first bought the property, but they do not seem to want to associate with the neighbors. One of our other neighbors suggested this might be because they are just employees. These people are tenants who work on our block but they are not, and appear not to want to be, part of the neighborhood. They have come in like gangbusters and taken over the entire area and it appears there is nothing we can do about it. We who have been here for years should have some sort of rights for protecting the quality of our neighborhood. Several years ago, a person a few blocks away needed a variance of a couple of feet on his property. We were sent a notice in case we wanted to protest this issue, which really didn't affect us. Yet, a company can start up a business in a residential area with many customers coming and going and the first we find out about it is when cars start showing up and banging car doors one morning. Something needs to be done to preserve the type of neighborhood to which we've grown accustomed. Mayor Faust, if there is anything you can do to help alleviate this situation, we would be most grateful. St. Anthony has always been a great place to live and we hope it can be that way again. Thank you for your time. Sincerely, Lou Ann and Nancy Schmidt cc: Mr. Mike Morrison, City Manager '!aioffla tehon 3301 Silver Lake Road. St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.cisaint-anthony.mn.us November 4, 2010 Ms. Lou Ann Schmidt Ms. Nancy Schmidt 3025 Wilson Street NE St. Anthony, MN 55418-2371 RE: 3029 Wilson Street NE Dear Ms. Lou Ann Schmidt and Ms. Nancy Schmidt: Thank you very much for your letter of October 29, 2010 advising us of the situation at 3029 Wilson Street NE. The Mayor passed your letter on to me to look into the issues that you listed in your letter. With that being said, the City's ordinance as well as State law does allow daycare facilities in residential areas of the City. Minnesota Statute, M.S.§ 462.357, Subd. 7, states that a daycare facility where supervision and care is provided for adults and three (3) or more children is allowed to be located in a residential area of a city. Staff understands that currently, these facilities are under no obligation to notify the City of their existence or intent to establish a group home or daycare facility in the City. Since you have sent a letter of complaint as a neighbor to this property, the property owner of record will he advised that their facility has generated some complaints. We will work with the owner to alleviate or reduce the impact that those issues you listed in your letter have on the neighborhood. If you have any additional concerns or questions, please don't hesitate to contact me at 612-782-3312. I will advise you of any additional information that I receive regarding your issues. Sincerely,_, Kim Moore -Sykes j Assistant City Manager u Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. t / } § Cal CD \ / \ a / \ rL M. 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My name is Bob Nehring and I live at 3017 Wilson. I am here to not only to speak against the zoning text amendment and conditional use permit, but to state that a "Child Care Center" does not belong in an R -1 zone. As Ms. Rothstein pointed out in her memo to you, "Ms. Johnson holds a Minnesota Child Care License (Rule 3), which is a commercial type license and does not establish a maximum number of children allowed, except through teacher /student ratios and does not require her to live on -site. She does not live on site and employs a total of three teachers, including herself." She continues in the next paragraph that "Minnesota State Statute protects family childcare centers as a permitted use in the R -1 district, and family childcare centers are limited to 14 children." We have to be cautious with wording here. Minnesota State Statute protects family day care providers as a permitted use in the R -1 district. We need to look at word use and definitions here. The JUX Law Firm defines the two this way: "Family and group family day care provide services in a setting other than a child care center, usually the provider's residence, for fewer than 24 hours per day. A child care center is a facility where child care is provided for fewer than 24 hours per day in a setting that is not a residence." "Child care centers must be licensed with the Minnesota Department of Human Services pursuant to Minnesota Rule 9503.0005 to 9503.0170." On page 2 of Ms. Rothstein's memo to you, she lists Applicable codes and Statutes. Bullet #4 states: "M.S. 462.357, Subdivision 7 says 'a licensed day care facility serving 12 or fewer persons, and a group family care facility under Minnesta Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning. We are talking different MN Rules and one can't pick and choose which one to follow. When Ms. Johnson started her business, she started it as a home day care in a homesteaded residence even though no one resided there. The house is currently non - homesteaded and the day care license is now a license for a day care center. Other Child Care Centers in Saint Anthony Village include: MN Chinese Day Care and Learning Center, 2520 Kenzie Terrace Nativity Child and Family Center, 3312 Silver Lake Road Unlimited Potential in Education Inc., Operating as Jack & Jill, 2812 Anthony Lane South, Suite 400 IKRAM Child Care LLC, 3055 Old Highway 8, Suite 110 St Charles Borromeo Preschool, 2727 Stinson Blvd. and Willow & Sprout LLC, 3029 Wilson Street NE This business does not belong in an R -1 district. Thank you. Willow & Sprout is licensed by the State of MN under Minnesota Rules 9503.0005 to 9503.0170. As such, it is not listed as a permitted use under Minnesota Statutes 462.357, subd. 7. Permitted single family use. 2017 Minnesota Statutes 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subd. 7.Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Minnesota Administrative Rules 9503.0005 DEFINITIONS. Subp. 5. Center. "Center" means a facility in which a child care program is operated when the facility is not excluded by Minnesota Statutes, section 245A.03, subdivision 2, and is not required to be licensed under parts 9502.0315 to 9502.0445 as a family or group family day care home. MENU Minnesota Day Care Laws & Licensing \i Types of Child Care AG 1 There are several types of daycare providers that are regulated and licensed by the state of Minnesota. Those providers are: 1. family day care; 2. group family day care; and 3. child care centers. Family and group family day care provide services in a setting other than a child care center, usually the provider's residence, for fewer than 24 hours per day. A child care center is a facility where child care is provided for fewer than 24 hours per day in a setting that is not a residence. Child care centers often provide additional services, including preschool and nursery programs, Head Start programs, night care, and drop -in or sick care. Exclusions from licensure There are several day care situations are expressly excluded from licensure. These day care situations include: 1. day care provided by a relative; 2. day care provided to children from a single family; or, 3. day care provided for a cumulative total of less than 30 days in a 12 -month period .m Family or Group Family Day Care Family day care providers offer services in a setting other than a child care center, usually the provider's residence, for fewer than 24 hours per day. The Department of Human Services has delegated licensing of family child care providers to the providers' relative counties. Nevertheless, family day care providers must be licensed pursuant to Minnesota Rule 9502.0315 to 9502.0445. Licensure Any person operating a family day care must obtain a license from the Department of Human Services.121 In order to obtain a license the provider must first fully comply with rules 9502.0315 to 9502.0445, as well as submit an application to the county in which the applicant resides. The applicant must also allow the county or agency access to their home in order to evaluate whether the home complies with all applicable requirements.ul Caregiver Qualifications Caregivers must be at least eighteen (18) years of age and physically able to care for children.111 Caregivers for group family day care services must meet additional requirements. Group caregivers must meet at least one of the following requirements: a. one -year experience as a licensed day care provider; b. six - months experience as a licensed day care provider; and, completion of an accredited day care program; or, thirty hours of child care, health or nutrition training, as well as 520 hours of experience in a teaching environment; or, thirty hours of child development or early childhood education training, as well as 520 hours of experience as a licensed practical or registered nurse; c. certification or licensure pursuant to rule 9502.0355, subpt. 3(C). Additionally, the caregiver must either furnish a certificate of insurance for the residence for bodily injury in the amount of at least $100,000 per person and $250,000 per occurrence or give written notice to parents that the provider has less than the suggested amount .L51 Capacity Limits The Department of Human Services limits the number of children that may be in care at any one time, as well as the number of adults who are required to be present. Day care providers must be specifically licensed for the total number of children, ten (10) years of age or younger, that are present in the residence at any one time. For applicable age distribution restrictions, see rule 9502.0367. Child Care Centers A child care center is a facility where child care is provided for fewer than 24 hours per day in a setting that is not a residence. Child care centers often provide additional services, including preschool and nursery programs, Head Start programs, night care, and drop -in or sick care. Child care centers must be licensed with the Minnesota Department of Human Services pursuant to Minnesota Rule 9503.0005 to 9503.0170. Licensure Any person operating a child care center must obtain a license from the Department of Human Services 10 In order to obtain a license the provider must first fully comply with rules 9503.0005 to 9503.01700. The following is a list of requirements any child care center must meet before its application is approved. The list is not exhaustive and does not include all specific requirements. Child Care Program Plan Any applicant attempting to establish a child care center must develop a written child care program plan. The program must: 1. mandate that children have supervision at all times; 2. describe the age categories and number of children to be served by the program; 3. describe the days and hours of operation of the program; 4. describe the general education methods to be used by the program; 5. be developed and evaluated in writing annually by a staff member qualified as at least a teacher; 6. have stated goals and objectives to promote the physical, intellectual, social, and emotional development of children in each age category; 7. specify activities designed to promote the development of children; 8. provide a daily schedule for both indoor and outdoor activities; 9. provide for activities that are both quiet and active; 10. provide for a variety of activities that require the use of varied equipment and materials; and 11. be available to parents for review upon request. Required Emergency & Accident Policies The applicant must develop written policies governing emergencies, accidents, and injuries. The applicant must develop and implement written policies in the following areas: 1. procedures for administering first aid; 2. safety rules to follow in avoiding injuries; 3. procedures for the daily inspection of potential hazards; 4. procedures for fire prevention and procedures to follow in the event of a fire; 5. procedures to follow in severe weather; 6. procedures to follow when a child is missing; 7. procedures to follow if an unauthorized person attempts to pick up a child or if no one comes to pick up a child; 8. sources of emergency medical care; 9. procedures for recording accidents, injuries and incidents involving a child. Facility Requirements Any facility being used as a child care center must meet a host of requirements defined in part 9503.0155. Staff Qualifications The center must have a director and the appropriate number of staff qualified as teachers, assistant teachers, and aides based on staff ratio and distribution requirements. Within each age category, the first staff needed to meet the staff -to -child ratio must be a teacher, the second staff must be at least aide qualified; the third staff must be at least assistant teacher qualified; and, the fourth staff must be at least aide qualified!ZI Director Qualifications In order to qualify as a director any person must satisfy four requirements. A director must: 1. be at least eighteen (18) years of age; 2. be a graduate of a high school or hold an equivalent diploma; 3. have at least 1,040 hours of staff supervision experience; and 4. have at least nine quarter credits or 90 combined hours in accredited courses in staff supervision, human relations and child developmentLl If a director functions as a teacher or develops or revises the required child care program, the director must meet the qualifications of a teacher specified in part 9503.0032. Teacher Qualifications A teacher must be at least eighteen (18) years of age and meet at least one (1) of nine (9) requirements provided under rule 9503.0032. Each requirement is based on the amount of education or training that the caregiver has acquired. For instance, a caregiver with only a high school diploma is required to have a minimum of 4,160 hours of experience as an assistant teacher and twenty -four (24) post- secondary educational credits.M On the other hand, a caregiver with a baccalaureate degree is only required to have a minimum of 1,040 hours of experience as an assistant teacher, aide or student intern, as well as eighteen (18) post- secondary educational credits.LLOI Click here for a complete list of requirements. Assistant Teacher Qualifications An assistant teacher must work under the supervision of a qualified teacher, be at least eighteen (18) years of age, and fulfill all the necessary requirements of part 9503.0033. subpt. 2. There are, however, exceptions to the requirements of part 9503.0033. ri For instance, a registered nurse or licensed practical nurse is qualified as an assistant teacher for infants without having to meet further requirements. Aide Qualifications An "aide" is a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide must be at least sixteen (16) years old. Any aide under the age of eighteen (18) must be directly supervised at nearly all times. 1z Volunteer Qualifications A volunteer who is included in the staff -to -child ratio must meet the requirements for the assigned staff position as specified in parts 9503.0030 to 9503.0034. Volunteers who have direct contact with or access to children must be supervised by a staff person who meets the qualifications for director, teacher, or assistant teacher. [1] Minn. Stat. § 245A.03, subdiv. 2. [2] Minn. R. 9502.0335 (2012). [3] Minn. R. 9502.0335, subpt. 2 (2012) (agency representative will evaluate whether the home is free from potential hazards, complies with any applicable local ordinances, and has passed initial inspection by a fire marshal). [4] Minn. R. 9502.0355, subpt. 1 -2 (2012) (applicants must supply documentation to the agency that the applicant has had a physical examination from a licensed physician within 12- months prior to initial licensure). (5] Minn. R. 9502.0355, subpt. 4. [6] Minn. R. 9502.0335 (2012). [7] Minn. R. 9503.0040, subpt. 2. [8] Minn. R. 9503.0031, subpt. 1(2012). [9] Minn. R. 9503.0032, subpt. 2 (2012). [10] Id. [11] Minn. R. 9503.0033, subpt. 1(2012). [12] Minn. R. 9503.0034, subpt. 1(2012) (an aide does not have to be supervised while assisting in the supervision of sleeping children or when assisting children with washing, toileting, and diapering). JUX Law Firm Careers Clients Contact Us Make a Payment JUX Law Firm 9800 Shelard Pkwv Suite 120 Plymouth, NIN 55441 t. 612- 466 -oo6o f. 612 -43 7 -4S o 0 c. infoAjux.law © 2017 JUX Law Firm. All rights reserved. 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