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CC PACKET 05262009
CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA May 26, 2009 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Considetation, Discussion, and Possible Action on All of the following itemsr I. Approval of the May 26, 2009, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These stems are considered mmline and will he enacted by one motion. Then ,will be no separate discission of these items unless a Councilmember or eatinn so requests, in which etent AV item will he removed from i& Consent Agentkv andplaced elsewhere on The agenda. A. Approval of May 12, 2009, Council Meeting Minutes. (pp. 1 — 4) B. Licenses and Permits. (p. 5) C. Claims. (pp. 6 — 8) D. Resolution 09-044; To Approve the Mutual Aid Agreement to the East Metro Special Weapons and Tactics Team with the Cities of New Brighton Department of Public Safety, North St. Paul Police Department, Roseville Police Department and the University of Minnesota Police Department and authorizes the Police Chief to execute said Agreement on behalf of the City of St. Anthony Village. (pp. 9 —16) E. Resolution 09-045; To Approve the Child Sexual Predator Program Agreement #3000-1391 between the State of Minnesota acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City of St. Anthony Village. (pp. 17 — 23) F. Resolution 09-046; Accepting a Contribution from Hennepin County to Offset the Costs of the Pedestrian and Street Lighting for the Silver Lake Road Reconstruction Project as Documented in the Construction Cooperative Agreement. (pp. 24 -- 26) G. Resolution 09-047; Accepting a Donation from Terry Oetting to the St. Anthony Police Department. (pp. 27-29) IV. Public Hearing. Todd Hubmer, WSB & Associates, presenting. A. Resolution 09-048; Ordering Improvements for the Arbors Alley Roadway and Utility Improvement Project. (pp. 30 — 31) B. Resolution 09-049; Adopting and Confirming Assessments for the Arbor Alley Roadway and Utility Improvement Project. (pp. 32 — 33) C. Resolution 09-050; Awarding a Bid for the Arbors Alley Roadway and Utility Improvement Project. (p. 34) D. Resolution 09-051; Awarding a Bid for Water Tower Park Watermain Replacement Project and the St. Anthony Boulevard at Silver Lake Road, Mill and Overlay Project. (pp. 35 — 37) Our Mission is to be a progressive and livable cosnmunihj, a walkable village, which is safe and secure. ZACouncil Meetings120091052620091agendapg##.doe V. Reports from Commission and Staff. (Don Jensen, Planning Commission, presenting) A. Ordinance 09-004; Text Amendment to Title XV, Section 155 Signs; Allowing Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields first readin,g) (pp. 38 — 49) B. Resolution 09-052; Approving the Preliminary Plat and Final Plat for Lot Split of 4017 Silver Lake Road, Lots 7 & 8 and Lots 23 & 24, Block 17, All in "Soo Marie Park". (pp. 50 — 53) C. Resolution 09-053; Approval of a Conditional Use Permit (CUP) for Ikrarn Child Care, LLC Located at 3055 Old US Highway 8. (pp. 54 — 59) D. Resolution 09-054; Adoption of the Comprehensive Plan. (pp. 60 — 65; and Comprehensive Plan Booklet) VI. General Business of Council. VII. Reports from City Manager and Council members. VIII. Community Forum. Itrrlir irltrrt/s mry address the C ity C orrucil aeon! any ileru rant incbrded wr tie regular a endo. Speakers are requested to came !o tlkpodium, sign their name and address on lbe form al the j odium, state llxir name atrr! rrrldress for l!e Clet '.r recorrl, rind lizni! llxir remarks la filar minuler Getterrtlly the City Cornual will tial lake ogit7(rl atitotr otr tlettts dise7rssed ai ll)fs lame, but may typically refer 11x molter to sia(f fa a future report or diaxel the tmatler 10 be scledrrled on an rtpcornrng aeuda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable coni nuuity, a walkable village, which is safe and secure. ZACouncil Meetingsl2009105262009\agendapg#.doc 1 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 MAY 12, 2009 4 5 CALL TO ORDER. 6 7 Mayor Faust called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Faust; Councilmembers Roth, Stille, and Thuesen 16 Absent: Councilmember Gray. 17 Also Present: City Manager Mike Morrison and Polic6 Chief John Ohl. 18 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF MAY 12, 2009 CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the City 26 Council Meeting Agenda of May 12, 2009. 27 28 Motion carried unanimously. 29 30 II. PROCLAMATIONS AND RECOGNITIONS. 31 32 A. Recognition of the Citizen's Academy Graduates Police Chief John Ohl presenting_ 33 34 Police Chief Ohl introduced the item and stated Officer Tressa Sunde will be recognizing the 35 graduates of the 2009 St. Anthony Citizen Academy. 36 37 Officer Sunde stated this is the fourth year of the Citizens Academy. She is honored to be part of 38 this and to help people understand what they do as police officers for the residents they serve. 39 She stated it is commendable to have the citizens commit to this eight-week program. Officer 40 Sunde provided an overview of the Citizens Academy Program and stated there were 21 41 participants in the program this year. 42 43 Citizens Academy graduates Joshua Ochocki and Jonathon Dozier addressed the City Council 44 and stated their support of the Citizen's Academy. Mr. Ochocki stated the interactive activities of 45 the program were very beneficial. It gave him a better understanding of what the Police 46 Department does and gave him more respect for the officers. Mr. Dozier stated the course was 47 interesting and they got to put themselves into what police officers do. He stated the best 48 example was the shoot/don't shoot course, and that he learned a lot about how police officers 49 approach the situation. City Council Regular Meeting Minutes May 12, 2009 Page 2 2 Police Chief Ohl thanked Officer Sunde for running the Citizen's Academy Program and all the 3 other things she does for the Police Department. He also thanked Reserve Lieutenant Carolyn 4 Quick, Officer Dominic Cotroneo and Sergeant John Mangseth for their work with the Citizen's 5 Academy Program. 6 7 Police Chief Ohl thanked the Citizen Academy graduates for their commitment and time and 8 announced the graduates. The graduates were presented with certificates by Mayor Faust and 9 Officer Sunde. 10 11 Mayor Faust thanked the Police Department on behalf of the City Council and thanked the 12 residents who took the time to understand what the public employees go through. He 13 commended the City's police officers for their commitment to the residents and going above and 14 beyond the call of duty. 15 16 III. CONSENT AGENDA. 17 18 A. Consider April 28, 2009 Council meeting minutes. 19 B. Consider licenses and permits. 20 C. Consider payment of claims. 21 D. Resolution 09-042; Approval of the Election Agreement with the St Anthony — New 22 Brighton School District #282 for the 2009 Elections. 23 E. Resolution 09-043; Accepting a Donation from Wal-Mart to the St. Anthony Fire 24 Department. 25 26 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve the Consent 27 Agenda items. 28 29 Motion carried unanimously. 30 31 IV. PUBLIC HEARING. 32 33 None. 34 35 V. REPORTS FROM COMMISSION AND STAFF. 36 37 None. 38 39 VI. GENERAL, BUSINESS OF COUNCIL. 40 41 None. 42 43 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 44 45 City Manager Mornson reported on the following City Council Regular Meeting Minutes May 12, 2009 Page 3 1 May 4, 2009 meeting with Industrial Custom Products. The company is looking at 2 borrowing money from the State of Minnesota Department of Trade and Economic 3 Development for equipment purchase in the future. The company may be meeting with 4 the City Council in the future because the City Council needs to approve the loan and 5 administer it for the State. 6 May 5, 2009 meeting with the City's auditing firm. The audit will be presented at the 7 June 9, 2009 City Council meeting. 8 May 5, 2009 Meeting with Hennepin County Community Development staff to discuss 9 funding programs for redevelopment/rehab of contaminated sites. 10 ■ May 5, 2009 Meeting with Ehlers and Associates to complete paper work for the Fannie 11 Mae extension related to Silver Lake Village. 12 ■ Emerald Park Project will start Monday, May 18, 2009 13 ■ Upcoming May 20, 2009 Arbors Neighborhood Meeting to be conducted by City staff, 14 public hearing is scheduled for May 26, 2009. 15 ■ Items scheduled for the May 19, 2009 Planning Commission Meeting 16 ■ His attendance at the Annual City Manager Conference 17 ■ Employee Recognition Program 18 ■ Upcoming Health Fair scheduled for May 15, 2009, 10:00 a.m. to 2:00 p.m. at the 19 Community Center. The Police and Fire Departments will be present. 20 ■ Sewer Jetter bid opening is scheduled for June 2009. 21 22 Councilmember Roth reported on the following: 23 ■ The attendance of himself, Councilmember Stille, Mayor Faust, Finance Director Larson, 24 Police Chief Ohl, and Assistant City Manager Moore -Sykes at the May 6, 2009. 25 Northwest Youth and Family Services annual luncheon fundraiser. 26 ■ His attendance at the May 7, 2009 Community Services meeting. The general theme of 27 discussion was related to the school administration moving into this building this summer 28 and the amount of work that will need to be done within the short amount of time 29 between school years. 30 31 Councilmember Stille: No report. 32 33 Councilmember Thuesen: No report. 34 35 Mayor Faust reported on his attendance at the following events: 36 ■ April 29, 2009 Legislative Day 37 ■ May 2, 2009 Clean-up Day 38 ■ May 4, 2009 City Council budget work session 39 ■ May 6, 2009 Northwest Youth and Family Services annual fundraising luncheon. Guest 40 speaker John Sweeney gave tips on how improvisation can be done in a way that helps in 41 dealing with people and taking the emotional negativity out of those things. 42 ■ May 7, 2009 open house at Smashburger, the newest restaurant in the City. This is the 43 first Smashburger restaurant in the State of Minnesota. 44 ■ May 11, 2009 League of Minnesota Cities Personnel Committee meeting. The issues 45 discussed will be presented at the League's Board meeting and then to the general 46 membership. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 City Council Regular Meeting Minutes May 12, 2009 Page 4 ■ Mississippi Watershed Management Organization (MWMO) meeting. Closing on the building being purchased by the MWMO was authorized. VIII. COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. None. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:27 p.m. Respectfully submitted, Carol Hamer TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor 0 Saint Anthony Village DATE: May 26, 2009 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Allweather Roof, Minneapolis, MN ETC Neon, Minneapolis, MN JF Tree Care, Holdingford, MN Premier Tree Service, Pierz, MN Heating & Air Conditioning License: Residential Heating & Air, Minneapolis, MN Genz -Ryan Plumbing & Heating, Burnsville, MN Riccar Heating & Air Conditioning, Andover, MN Temporary 3.2 Beer Permit: Applicant: Debra Johnsen Location: Central Park Date: June 7, 2009 U.S. BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 8964 ACCLAIM BENEFITS 9407 5/27/2009 $130.00 8450 ANIMAL CONTROL SERVICES, 9408 5/27/2009 $305.63 7835 ARCH WIRELESS-METROCALL 9409 5/27/2009 $26.51 8794 ARCTIC GLACIER INC. 9410 5/27/2009 $438.61 4687 ASPEN WASTE SYSTEMS INC 9411 5/27/2009 $59.25 8511 AT&T MOBILITY 9412 5/27/2009 $59.48 3714 B & F FASTENER SUPPLY 9413 5/27/2009 $34.56 7332 BAUER BUILT INC. 9414 5/27/2009 $67.87 9018 BCA -BTS 9415 5/27/2009 $300.00 320 BEISSWENGER'S 9416 5/27/2009 $49.14 4293 BELLBOY CORP. 9417 5/27/2009 $3,806.31 8555 BIFFS, INC. 9418 5/27/2009 $309.89 9648 BOUND TREE MEDICAL LLC 9419 5/27/2009 $1,076.48 7253 BRAKE & EQUIPMENT WAREHO 9420 5/27/2009 $32.00 9148 BRW ENTERPRISES 9421 5/27/2009 $180.00 558 CALGON CARBON CORPORATIO 9422 5/27/2009 $132,800.00 4231 CAPITOL BEVERAGE SALES 9423 5/27/2009 $24,655.35 610 CATCO 9424 5/27/2009 $1.60 2380 CENTERPOINT ENERGY 9425 5/27/2009 $7,802.69 4080 CHISAGO LAKES DISTRIBUTI 9426 5/27/2009 $2,818.51 9056 CITY OF ROSEVILLE 9427 5/27/2009 $5,277.57 8275 CITY OF ST. PAUL 9428 5/27/2009 $3,423.95 9209 CLOSE LANDSCAPE ARCHITEC 9429 5/27/2009 $11,583.30 4095 COCA COLA BOTTLING COMPA 9430 5/27/2009 $1,362.59 7178 D -ROCK CENTER & SMALL EN 9431 5/27/2009 $35.15 8557 DAILEY DATA & ASSOCIATES 9432 5/27/2009 $402.57 4127 DANIMAL DISTRIBUTING INC 9433 5/27/2009 $432.00 9086 DAVCO TECHNOLOGIES INC 9434 5/27/2009 $135.00 810 DICKSON ELECTRIC 9435 5/27/2009 $556.00 8338 DOKKEN/MARK 9436 5/27/2009 $26.14 8411 DRIVER & VEHICLE SERVICE 9437 5/27/2009 $40.00 8604 EMERGENCY APPARATUS 9438 5/27/2009 $497.72 8697 EXTREME BEVERAGE 9439 5/27/2009 $630.00 9395 FACTORY MOTOR PARTS CO 9440 5/27/2009 $67.10 8647 FRATTALLONE'S HARDWARE 9441 5/27/2009 $27.80 9236 FSH COMMUNICATIONS 9442 5/27/2009 $63.90 1030 G & K SERVICES INC 9443 5/27/2009 $433.97 7335 GCR 9444 5/27/2009 $152.24 1180 GOODIN COMPANY 9445 5/27/2009 $88.94 4172 GRAPE BEGINNINGS, INC. 9446 5/27/2009 $508.25 4175 GRIGGS COOPER & CO INC 9447 5/27/2009 $31,636.68 1300 HACH COMPANY 9448 5/27/2009 $213.90 8944 HENN CNTY INFO TECH DEPT 9449 5/27/2009 $3,112.86 1505 HENNEPIN COUNTY SHERIFF 9450 5/27/2009 $404.22 8472 HESS/SHANE 9451 5/27/2009 $28.06 4207 HOHENSTEIN'S, INC 9452 5/27/2009 $4,915.82 8252 HOME DEPOT CREDIT SERVIC 9453 5/27/2009 $84.77 8658 INSTRUMENTAL RESEARCH, 1 9454 5/27/2009 $85.50 9390 IQNECTION INTERNET SERVI 9455 5/27/2009 $80.50 9713 JAROS/MATTIE 9456 5/27/2009 $1,070.66 U.S. BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 4125 JJ TAYLOR DISTRIBUTING 9457 5/27/2009 $38,581.01 4220 JOHNSON BROTHERS LIQUOR 9458 5/27/2009 $25,945.77 9598 KONICA MINOLTA BUSINESS 9459 5/27/2009 $89.50 8434 LEAGUE OF MINNESOTA CITI 9460 5/27/2009 $1,700.00 2040 LILLIE SUBURBAN NEWSPAPE 9461 5/27/2009 $32.38 8254 LMCIT % BERKLEY ADMINIST 9462 5/27/2009 $2,574.50 9114 M. AMUNDSON LLP 9463 5/27/2009 $2,125.24 4265 MARK VII SALES INC 9464 5/27/2009 $15,483.89 2160 MARSHALL CONCRETE PROD 9465 5/27/2009 $1,700.79 9149 MASTER TECHNOLOGY GROUP 9466 5/27/2009 $15.00 9566 MFSCB 9467 5/27/2009 $280.00 9459 MIDC ENTERPRISES 9468 5/27/2009 $162.06 8467 MIDWAY FORD 9469 5/27/2009 $221.30 2280 MIDWEST ASPHALT CORP 9470 5/27/2009 $133.01 9712 MILLER TOWING, INC. 9471 5/27/2009 $185.00 7131 MINNESOTA DEPT OF HEALTH 9472 5/27/2009 $23.00 9195 MISTER CAR WASH 9473 5/27/2009 $207.36 9425 MN AWWA 9474 5/27/2009 $60.00 4299 MPLS. OXYGEN CO. 9475 5/27/2009 $10.23 2395 MTI DISTRIBUTING, INC 9476 5/27/2009 $460.08 8883 NEW FRANCE WINE COMPANY 9477 5/27/2009 $315.00 9266 NORTHERN WATER WORKS SUP 9478 5/27/2009 $511.79 9715 NORTHWEST ASPHALT, INC. 9479 5/27/2009 $121,170.69 8988 NOVACARE REHABILITATION 9480 5/27/2009 $300.00 45 OFFICE DEPOT 9481 5/27/2009 $459.77 1230 ONE CALL CONCEPTS, INC. 9482 5/27/2009 $501.15 8528 PACE ANALYTICAL SERVICES 9483 5/27/2009 $16.00 9664 PANITZKE/BRADY 9484 5/27/2009 $1,207.20 9275 PAT KERNS WINE MERCHANTS 9485 5/27/2009 $237.50 4354 PAUSTIS & SONS 9486 5/27/2009 $1,626.67 4360 PHILLIPS WINE & SPIRITS 9487 5/27/2009 $5,603.77 4372 PLUNKETT'S 9488 5/27/2009 $69.23 4385 QUALITY WINE CO 9489 5/27/2009 $15,194.96 4492 QWEST 9490 5/27/2009 $632.43 9586 RAIN DROP PRODUCTS 9491 5/27/2009 $174.00 9384 RAMY TURF PRODUCTS 9492 5/27/2009 $111.83 8963 REED BUSINESS INFORMATIO 9493 5/27/2009 $223.86 9340 ROYAL CONCRETE PIPE INC 9494 5/27/2009 $242.82 4133 SALUD AMERICA 9495 5/27/2009 $180.00 9182 SAM'S CLUB 9496 5/27/2009 $916.57 8983 SOULO DESIGN, INC 9497 5/27/2009 $127.50 8345 SROGA/JEREMY 9498 5/27/2009 $28.51 4405 ST ANTHONY VILLAGE WINE 9499 5/27/2009 $101.16 9714 ST. PAUL PARK FIRE DEPAR 9500 5/27/2009 $450.00 2420 STAR TRIBUNE 9501 5/27/2009 $800.00 3490 STREICHER'S 9502 5/27/2009 $877.98 4780 SURLY BREWING CO 9503 5/27/2009 $1,883.00 3260 T A SCHIFSKY & SONS 9504 5/27/2009 $419.06 7337 TIMESAVER OFF SITE SECRE 9505 5/27/2009 $620.80 3560 TRACY PRINTING 9506 5/27/2009 $440.91 8859 U.S. BANK 9507 5/27/2009 $1,238,334.96 U.S. BANK ST. ANTHONY VILLAGE g CHECK REGISTER VENDOR# PAYEE 8270 UNITED STATES POSTAL SER 9495 VALLEY -RICH CO., INC. 8227 VERIZON WIRELESS 9126 VINO SOURCE 4451 VINOCOPIA 8388 W. W. GOETSCH ASSOCIATES 4494 WASTE MANAGEMENT - BLAIN 8316 WINE COMPANY/THE 8310 WINE MERCHANTS INC 2680 XCEL ENERGY 7325 YOCUM OIL COMPANY, INC. 3820 ZAHL PETROLEUM MAINTENAN TOTAL CHECK# DATE AMOUNT 9508 5/27/2009 $700.00 9509 5/27/2009 $5,909.00 9510 5/27/2009 $152.05 9511 5/27/2009 $758.00 9512 5/27/2009 $282.75 9513 5/27/2009 $959.00 9514 5/27/2009 $491.00 9515 5/27/2009 $306.00 9516 5/27/2009 $1,430.04 9517 5/27/2009 $14,610.31 9518 5/27/2009 $13,968.15 9519 5/27/2009 $227.22 $1,765,893.80 STAFF REPORT DATE: May 12, 2009 TO: Mike Mornson, City Manager FROM: John Ohl, Chief of Police SUBJECT: East Metro SWAT Mutual Aid Agreement The University of Minnesota Police Department has recently joined the East Metro SWAT Team. In order to add the U of M PD to the agreement, a new agreement must be signed. The agreement has been reviewed by Roseville and New Brighton Police Departments' City Attorneys' offices and is almost identical to the one we have been operating under for the last 4 years. JO:vj 10 EAST METRO SPECIAL WEAPONS AND TACTICS TEAM MUTAL AID AGREEMENT The parties to this Agreement are the New Brighton Department of Public Safety, the North St. Paul Police Department, the Roseville Police Department, the St. Anthony Police Department, and the University of Minnesota Police Department. Whereas, all parties are desirous of having their respective officers extend their services beyond their respective jurisdictions for the purposes of providing assistance and enforcing the laws in emergency situations; and Whereas, the parties hereto believe that the establishment of a procedure whereby a party to this Agreement may provide to the other party, in the event of an emergency, personnel or equipment, would be of great benefit to the public health, safety, and welfare of their citizens. Now therefore, the parties, pursuant to the authority contained in Minn. Stat. §§ 12.27 and 471.59, agree to the following: A. Purpose The intent of this Agreement is to make equipment, personnel and other resources available to a Party of this Agreement from other Parties. B. Definitions 1. "Party": For purposes of this Agreement, the New Brighton Department of Public Safety, the North St. Paul Police Department, the Roseville Police Department, the St. Anthony Police Department, and the University of Minnesota Police Department are the Parties. A Party will either be a Party "requesting" Assistance ("Requesting Party") or a Party "responding" to the request for Assistance ("Responding Party"). 2. "Requesting Official" means the person (or persons) designated by a Party who is responsible for requesting Assistance from other Parties. "Requesting Party" means a Party that requests Assistance from other Parties. 4. "Responding Official" means the person (or persons) designated by a Party who is responsible to determine whether and to what extent that Party should provide Assistance to a Requesting Party. 5. "Responding Party" means a Party that provides Assistance to a Requesting Party. 11 6. "Assistance" means law enforcement personnel, equipment, and/or services provided by the Responding Party to the Requesting Party. C. Procedure 1. Authorized Representatives. Each Party shall designate the appropriate official(s) within its jurisdiction who are empowered to request Assistance (i.e. the "Requesting Official") and to respond to requests for Assistance from other Parties (i.e. the "Responding Official") under the terms of this Agreement. The Parties shall notify each other of the names, addresses, and telephone numbers of the authorized Requesting Official(s) and Responding Official(s). 2. Requesting Assistance. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other Parties, the Requesting Official may call upon the Responding Official of any other Party to furnish Assistance. 3. Responding to request. Upon receiving the request for Assistance from the Requesting Party, the Responding Official may authorize and direct his/her Party's personnel to provide Assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. The determination of whether or not to provide the requested Assistance shall be made exclusively by the Responding Official and shall be conclusive. Neither the Responding Party, nor any officer or employee of the Responding Party, shall be liable to any other Party or to any other person for failing to respond or provide Assistance to the Requesting Party. Any responding peace officer acting pursuant to this Agreement has the full and complete authority of a peace officer as though appointed by the Requesting Party. 4. Recall of Assistance. The Responding Official may at any time recall such Assistance when in his or her best judgment, or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Neither the Responding Party, nor any officer or employee of the Responding Party, shall be liable to any other Party or to any other person for recalling Assistance under this provision. 5. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws Assistance. 12 D. Liability. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes Chapter 466), the employees and officers of the Responding Party are deemed to be employees, as defined in Chapter 466, of the Requesting Party. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provisions of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. Under no circumstances, however, shall a Party be required to pay, on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. E. Worker's compensation. Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other Party or it officers, employees, or volunteers. F. Damage to equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. G. Charges to the Requesting Party 13 1. No charges will be levied by a Responding Party to this Agreement for Assistance rendered to a Requesting Party under the terms of this Agreement unless the Assistance continues for a period of more then 48 hours. If Assistance provided under this Agreement continues for more than 48 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided after the initial 48 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the Party providing the Assistance for that amount within thirty (30) days of submission of the itemized bill for services. 2. Such charges are not contingent upon the availability of federal or state government funds. H. Duration This Agreement will be in force for a period of 3 -years from the date of execution. Any Party may withdraw from this Agreement upon thirty (30) days written notice to the other Party or Parties to the Agreement. In the event any Party withdraws from the Agreement, this Agreement shall remain in full force and effect, subject to any modifications between the remaining Parties to this Agreement. h Posting of Agreement A copy of this Agreement shall be posted at the headquarters of each Party's law enforcement agency. J. Similar Agreements Any Party may continue any other existing agreements or enter into other agreements, similar in nature to this one without consultation with the other parties. This Agreement shall not limit any of the Parties in connection with any obligations a Party may have under similar agreements. K. Government Data Practices All Parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data created, collected, received, stored, used, maintained, or disseminated pursuant to this Agreement. If a Party receives a request to release the data referred to in this Paragraph, the Party will immediately notify the other Parties and consult with the other Parties before releasing the requested data. L. Liability Insurance 14 Each Party shall provide its own liability insurance that affords coverage to it while performing responsible functions outside its jurisdiction pursuant to this Agreement. The insurance coverage obtained will be in at least the liability limits set forth in Minnesota Statute Section 466.04. Each Party agrees to modify its coverage to reflect statutory increases in liability limits that occur during the term of this Agreement. No Party waives its immunities under Minnesota law. M. Modifications All amendments or modifications to this Agreement must be in writing and approved by all Parties and included or attached to this Agreement. N. Severability The provisions of this Agreement shall be severable, and if any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall remain in full force and effect. O. Entire Agreement This Agreement contains the entire agreement of the Parties hereto. Except as stated in this Agreement, no Party has relied on any statement, promise, inducement, or representation of the other. This Agreement supersedes any and all prior statements and agreements between the Parties relating to the subject matter contained herein. P. Execution Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date New Brighton Department of Public Safety Title Date — North St. Paul Police Department By Title 15 Date Roseville Police Department IC Title Date St. Anthony Police Department LIM Title University of Minnesota Police Department Title CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-044 A RESOLUTION APPROVING A MUTUAL AID AGREEMENT RELATING TO THE EAST METRO SPECIAL WEAPONS AND TACTICS TEAM WITH THE CITIES OF NEW BRIGHTON DEPARTMENT OF PUBLIC SAFETY, NORTH ST. PAUL POLICE DEPARTMENT, ROSEVILLE POLICE DEPARTMENT AND THE UNIVERSITY OF MINNESOTA POLICE DEPARTMENT AND AUTHORIZING THE POLICE CHIEF TO EXECUTE THE SAID AGREEMENT ON BEHALF OF THE CITY OF ST. ANTHONY VILLAGE WHEREAS, the City Council of St. Anthony Village recognizes the current need for increased police protection and law enforcement services; and WHEREAS, the City Council of St. Anthony Village finds it is in their common interests and benefits of their City's citizens to enter into an Agreement with the Cities of New Brighton Department of Public Safety, North St. Paul Police Department, Roseville Police Department, and the University of Minnesota Police Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony Village hereby approves the Mutual Aid Agreement Relating to the East Metro Special Weapons and Tactics Team with the Cities of New Brighton Department of Public Safety, North St. Paul Police Department, Roseville Police Department and the University of Minnesota Police Department and authorizes the Police Chief to execute said Agreement on behalf of the City of St. Anthony Village. Adopted this 26th day of May, 2009. ATTEST: City Clerk Review for Administration: Mayor City Manager M 17 STAFF REPORT DATE: May 12, 2009 TO: Mike Momson, City Manager FROM: John Ohl, Chief of Police SUBJECT: Bureau of Criminal Apprehension Grant In the fall of 2008, the Bureau of Criminal Apprehension, in conjunction with the Minnesota Internet Crimes Against Children Task Force, applied for and received a Community Orientated Policing Services (COPS) Child Sexual Predator Grant from the Department of Justice. The COPS Grant funding is for two years and will expire on August 31, 2010. The goals of the COPS Grant for the next two years are extensive, and include overtime funding for Minnesota Internet Crimes Against Children affiliated agencies working on COPS Grant related investigations. All interested affiliated agencies must have a signed Joint Powers Agreement with the BCA in order to participate and receive funding from the COPS Grant. I am requesting the City execute this Joint Powers Agreement in order for our police department to receive the aforementioned funding. JO:vj 18 STATE OF MINNESOTA JOINT POWERS AGREEMENT - CHILD SEXUAL PREDATOR PROGRAM AGREEMENT # 300071391 This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, located at 1430 Maryland Avenue E., St. Paul, Minnesota 55106 and. City of St. Anthony, Police Department, 3301 Silver Lake Road, St. Anthony, MN 55418. Recitals Under Minn. Stat. § 471.59;subd. 10, and Minn. Stat. § 15.51 — 15.59, the State is empowered to engage such assistance as deemed necessary. The State was awarded a Federal grant from the U.S. Department of Justice, Office\of Community Oriented Policing Services (COPS), Child Sexual Predator Program for investigative overtime reimbursement, training and equipment. The State is in need of assistance from city and county law enforcement agencies in investigating and combating the exploitation of children which occurs through the use of computers by providing funds for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations. Agreement Term of Agreement 1.1 Effective date: April 1, 2009, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: September 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 Governmental Unit's Responsibilities A. All employees of the Governmental Unit shall be licensed peace officers or non -sworn employees must be assigned or affiliated with the Minnesota Internet Crimes Against Children (ICAC) 'Task Force. B. When a contributed employee of the Governmental Unit acts on the behalf of the Minnesota ICAC Task Force within the scope of this Agreement, the employee's actions are within the employee's line of duty and course of employment to the same extent as if the employee had acted on behalf of the employee's employing Agency. C. All members of the Governmental Unit shall continue to be employed by the same Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits. D. The Governmental Unit shall submit accurate, timely financial records pertaining to enforcement and analytical activities related to ICAC Task Force related investigations. Financial records shall be submitted in a format consistent with Exhibit A attached to this Agreement. E. The Governmeut'al Unit must supply original receipts to be reimbursed on pre -approved requests; and reimbursement will be paid directly by the State to the Governmental Unit within 30 days of the date of invoice, with payment made out to the City of St. Anthony, C/O Roger Larson, located at3301 Silver Lake Road, St. Anthony, MN 55418. Joint Powers Agreement (Rev. 6/03) 19 F. Investigations by the Governmental Unit under this agreement should be conducted and concluded in a timely manner. The Governmental Unit will only be reimbursed by the State for overtime hours and/or actual expenses incurred related to the Community Oriented Policing Services (COPS) investigations and/or training through the term of this agreement or until all Federal funds under the COPS.grant have been expended, whichever comes first. G. The Governmental Unit shall maintain accurate records pertaining to enforcement activities, to be collected and forwarded monthly to the State's Authorized Representative or his designee for statistical reporting purposes. H. The Governmental Unit shall return to the State's Authorized Representative within sixty days investigative equipment acquired by the State through grant funding as a result of this Agreement in the event that federal funding under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime reimbursement has been exhausted, the agreement is terminated as defined in clause 10.2 of this Agreement, the Governmental Unit breaches this Agreement, or upon expiration of this Agreement. 2.2 State's Responsibilities A. The State will provide the Governmental Unit with investigative equipment for the exclusive purpose to conduct investigations related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant. B. The State will reimburse the Governmental Unit for expenses incurred for training and meetings related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and pre -approved by the State's Authorized Representative. C. The State will reimburse the Governmental Unit for overtime hours incurred related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and approved by the State's Authorized Representative. Payment A. Itemized invoices will be filed by the Governmental Unit's Authorized Representative of this agreement with the State's Authorized Representative of this agreement in arrears, monthly and within 30 days of the period in which service and/or training were provided. B. Reimbursement to the Governmental Unit will be made by the State within 30 days of the date of invoice, and will be paid directly to the City of St. Anthony, C/O Roger Larson, located at 3301 Silver Lake Road, St. Anthony, MN 55418. C. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this agreement will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of. Employee Relations. The Governmental Unit will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the prior approval of the State's Authorized Representative for out of state travel. Minnesota will be considered the ]ionic state for determining whether travel is out of state. D. The State has a total Expense Budget of $241,481.00 that was approved under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime hours and expense reimbursement. Based on the number of Governmental Units participating in the COPS Child Sexual Predator Program the total obligation of the State for reimbursement of investigative overtime hours and expenses will not exceed $5,000.00 for any one Governmental Unit, unless approved by the State's Authorized Representative. E. Federal Irunds. Payments under this agreement will be made from federal funds obtained by t:he State through Title Child Sexual Predator Program CFDA number 16 710 of the Violent Crime Control and Law Enforcement Act of 1994. The Governmental Unit is responsible for compliance with all federal requirements imposed on these Joint Powers Ayrocmenl (Rev. 6/03) 20 funds and accepts full financial responsibility for any requirements imposed by the Governmental Unit's failure to comply with federal requirements. 4 Authorized Representatives The State's Authorized Representative is Eric Knutson, Special Agent in Charge, 14 Minnesota 55106, telephone number 651-793-7000, or his/her successor. . I. The Governmental Unit's Authorized Representative is John Ohl, 3301 Silver Lake Road, St. Anthony, MN 55418, or his/her successor. Assignment, Amendments; Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to thisagreementmust be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Liability The Governmental Unit will indemnify, save; and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits The Governmental Unit shall participate fully in any audits required by the U.S. Department of Justice; and under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and .practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum ofsixyears-from the end of this agreement. Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competentjurisdiction in Ramsey County, Minnesota. Joint Powers Agreeinent (Rev. 6/03) 21 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agteement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Fun{ling. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the `J Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individual c ftifies that funds have been encumbered as - required b dtn. Stat §§ A. 5 and 16C.05. Signed: Date: _ '� i Agreement No. 3000-1391 2. GOVERNMENTAL UNIT By: Title: Date: By Title: Date: .Joint Powers Agreement (Rev 6/03) 3. STATE AGENCY By: (with delegated authority) Title: Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: Distribution: Agency Governmental Unit State's Authorized Representative Photo Copy St. Anthony Police Department St, Anthony Police Department 3301 Silver Lake Road St. Anthony, MN 55418 Telephone: 612-789-5015 Fax: 612-789-9602 BILL TO: Bureau of Criminal Apprehension Eric Knutson, Special Agent in Charge 1430 Maryland Avenue East St. Paul, MN 55106-2802 6511793-1004 Fax: 651/793-1005 TTY: 651/282-6555' Internet: http://www.dps.state.mn.us/bca Exhibit A INVOICE INVOICE NO.: ICAC - DATE: HOURS DESCRIPTION RATE TOTAL Reimbursement for Computer Forensic Analyst Internet Crimes Against Children, for the month of Reference: Agreement # 3000-1391 Employee's Name and Rank Employee ID: 01234567 $ $ Overtime hours @ $ Employee's Name and Rank Employee ID: 98765432 $ $ Overtime hours @ $ {Reimbursement of expenses if pre -approved by State's Authorized Rep.) $ $ 1 certify the above to be correct, and the amount claimed to be due and payable. John Ohl St. Anthony Police Department Payment Details Sub Total $ ❑ Electronic Fund Transfer (EFT) Tax Identification 0 Warrant Number: xx-xxxxxxx TOTAL Please include invoice numbers with payment Joint Powers Agreement (Rev. 6/03) 5 22 CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-045 A RESOLUTION TO APPROVE THE JOINT POWERS AGREEMENT RELATING TO THE CHILD SEXUAL PREDATOR PROGRAM AGREEMENT #3000-1391 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SAID AGREEMENT ON BEHALF OF THE CITY OF ST. ANTHONY VILLAGE WHEREAS, the City Council of St. Anthony Village recognizes the current need for police protection and law enforcement services in the area of Child Sexual Predators; and WHEREAS, the State of Minnesota was awarded a Federal grant from the U.S. Department of Justice for the purpose of investigative overtime reimbursement, training and equipment; and WHEREAS, the State of Minnesota is in need of assistance from city and county law enforcement agencies in investigating and combating the exploitation of children which occurs through the use of computers by providing funds for equipment, training, and expenses, including travel and overtime funding which are incurred by law enforcement as a result of such investigation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony Village hereby approves the Joint Powers Agreement relating to the Child Sexual Predator Program Agreement #3000-1391 and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City of St. Anthony Village. Adopted this 2611, day of May, 2009. ATTEST: City Clerk Review for Administration: Mayor City Manager 23 24 'n tho� illa a C/ 12 ETQk EST FOTz_COWYC(L COM f,DFT2 47 -/ON Report Date: May 26, 2009 Agenda Section: III. F. Meeting Date: May 26, 2009 ITEM DESCRIPTION: Resolution 09-046; A Resolution Accepting a Contribution from Hennepin County to offset the Costs of the Pedestrian and Street Lighting for the Silver Lake Road Reconstruction Project as Documented in the Construction Cooperative Agreement. MANAGER'S REVIEW: The City of St. Anthony Village entered into a Construction Cooperative Agreement with Hennepin County for the reconstruction of Silver Lake Road in 2008. In the agreement, it indicates Hennepin County will contribute $210,000 to the City of St. Anthony Village for the Pedestrian and Street Lighting. This is the contribution per the contract. Michael Mornson City Manager Attachments: • Hennepin County Agreement No, PW -59-10-07 Exhibit "A"; Sheet 2 of 5. • Resolution 09-046; Accepting a Contribution from Hennepin County to Offset the Costs of the Pedestrian and Street Lighting for the Silver Lake Road Reconstruction Project as Documented in the Construction Cooperative Agreement. ZACouncii Meetings120091052620091staff hennepin contribution.doe - <�OUNTYICITY ; , 4. ACCOUNTS PAYABLE % RECENABLE SUMMARY Payable to City by Payable to County Item County by City Contract Construction Roadway Storm Sewer Sanitary Sewer & Watermain Landscaping Construction Administration County Supplied Signal Equip, Right of Way Utility Undergrounding $390,000 Pedestrian & Street Lighting $210,000 TOTALS a,.ee eee $4.98,811 $0 $1,470,959 $10;097 $117,677 $22,500 $300,000 $2,420,044 i Ilennepin County Agreement No. PW 59-10-07 Exhibit "A"; Sheet 2 of 5 2 5 - <�OUNTYICITY ; , 4. ACCOUNTS PAYABLE % RECENABLE SUMMARY Payable to City by Payable to County Item County by City Contract Construction Roadway Storm Sewer Sanitary Sewer & Watermain Landscaping Construction Administration County Supplied Signal Equip, Right of Way Utility Undergrounding $390,000 Pedestrian & Street Lighting $210,000 TOTALS a,.ee eee $4.98,811 $0 $1,470,959 $10;097 $117,677 $22,500 $300,000 $2,420,044 i Ilennepin County Agreement No. PW 59-10-07 Exhibit "A"; Sheet 2 of 5 CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-046 A RESOLUTION ACCEPTING A CONTRIBUTION FROM HENNEPIN COUNTY TO OFFSET THE COSTS OF THE PEDESTRIAN AND STREET LIGHTING FOR THE SILVER LAKE ROAD RECONSTRUCTION PROJECT AS DOCUMENTED IN THE CONSTRUCTION COOPERATIVE AGREEMENT WHEREAS, the City of St. Anthony Village entered in to Construction Cooperative Agreement with Hennepin County for the reconstruction of Silver Lake Road in 2008; and WHEREAS, in the Agreement it states that Hennepin County would contribute to the City of St. Anthony Village $210,000 for Pedestrian and Street Lighting; and WHEREAS, this contribution was received in February, 2009. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony Village hereby accepts a contribution from Hennepin County to offset the Costs of the Pedestrian and Street Lighting for the Silver Lake Road Reconstruction Project as Documented in the Construction Cooperative Agreement. Adopted this 26th day of May, 2009. Mayor ATTEST: City Clerk Review for Administration: City Manager ZACouncil MCeti ngs\2009\05262009\i esconlribuliOil hmmepin counly.doe 26 1:!0 el � a Report Date: Meeting Date: 27 f—F6-? Q IF -ST EOR OQkNOIL CONSIL FRATION May 26, 2009 May 26, 2009 Agenda Section: III. G. ITEM DESCRIPTION: Resolution 09-047; Accepting a Donation of $100.00 from Terry Oetting to the St. Anthony Police Department MANAGER'S REVIEW: Attachments: The St. Anthony Police Department received a donation of $100.00 from Residential Mortgage Group (RMG) for Terry Oetting. This donation is the result of a promotion that RMG administering called "Refer a friend. Build your community." The St. Anthony Police Department will apply the donation to the Citizen's Academy. �. Michael Morrison City Manager • Letter from Residential Mortgage Group • Resolution 09-047; Accepting a Donation of $100.00 from Terry Oetting to the St. Anthony Police Department. 7.:1Council Meetings12009105262009tistaff donation terry oetting.doc y.fp JC•...L'` 2'Slf 1+da, "Vb¢i d ' .i tE v G 6 d s tv 5 A,std''Ax:'s April 3, 2009 St. Anthony Village Police Department 3301 Silver Lake Rd. NE St. Anthony, MN 55418 Dear St. Anthony Village Police Department Staff, Expert Home Financing. Guaranteed.' RMG has a charitable donation initiative program called "Refer a friend. Build your community."TM We are extremely excited about this exclusive initiative and have enclosed a letter explaining a bit more about how this program works. Enclosed you will find a check payable to your organization. Our client has selected your group to be a beneficiary in conjunction with their loan closing with us. Congratulations! We hope there will be more to come. Listed below is the name of the donor that has selected you: Terry Oetting 2920 Old Highway 8 St. Anthony, MN 55418 As our letter indicates, every loan that RMG closes can result in up to $100 donated to the school, police or fire department in their local community. In 2007 we donated $87,900, and our goal this year is to donate at least $200,000. We believe everyone in our communities will benefit. Call us if you have any additional questions about how this program works. Sincerely, Kevin Doyle U Residential Loan Officer Enclosures cc: Terry Oetting RESIDENTIAL MORTGAGE GROUP A DIVISION OF INTERBANK, FSR 11100 Wayzlka Boukevatd, Suite 570 Minnetonka, MN 55305 naoNI, 952.593.1169 FAX 952.593.1634 W 1V W, RMO I,N.COM WE CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-047 A RESOLUTION ACCEPTING A DONATION FROM TERRY OETTING TO THE ST. ANTHONY POLICE DEPARTMENT WHEREAS, the City of St. Anthony's Police Department program received a donation from Terry Oetting in the amount of $100.00; and WHEREAS, the City of St. Anthony's Police Department will apply the donation to the Citizens Academy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby accepts the donation from Terry Oetting to the St. Anthony Police Department. Adopted this 26th day of May, 2009. Mayor ATTEST: City Clerk Review for Administration: City Manager ZACouncil Mcctings\2009A05262009Ares09047 donation terry Oct ting.doc 29 A WSB - Infrastructure ■ En ineerin ■ Plannin ■ Construction & Assoc(n(es, Mc. 9 9 9 May 13, 2009 The Honorable Mayor, City Council, and Staff c/o Michael Mornson City of St. Anthony Village 3301 Silver Lake Road NE Minneapolis, MN 55418-1603 Re: Resolution 09-048, 09-049, and 09-050 Arbors Alley Roadway and Utility Improvement Project City of St. Anthony Village, MN WSB Project No. 1626-42 Dear Honorable Mayor, City Council, and Staff: 701 Xenia Avenue South Suite 300 Minneapolis, MN 554 Tel: 763 5414800 Fax: 763 541-1700 Following this letter are three resolutions for your consideration at the May 26, 2009 Council Meeting. The three resolutions for your consideration are: I. A Resolution Ordering Improvements This resolution states that the Council has completed the public hearing process and orders the project to be completed. II. A Resolution Adopting and Confirming Assessments for the Arbors Alley Roadway and Utility Improvement Project Included in the Council packet are the assessments which have been calculated for the Arbors Alley Roadway and Utility Improvement Project. This resolution declares the amount to be assessed at $84,300 and outlines the assessment process in accordance with Minnesota Statutes Chapter 429. III. A Resolution Awarding a Bid for the Arbors Alley Roadway and Utility Improvement Project This resolution awards the contract for the Arbors Alley Roadway and Utility Improvement Project to the lowest bidder. A tabulation of these bidders, as well as the low bidder of Kusske Construction Company, LLC with a bid amount of $79,387.00, can be seen in the Council packet. If you have any questions, I will be present at the May 26, 2009 Council Meeting to discuss those with you or please call me at 763-287-7182. Sincerely, WSB & Associates, Inc. Todd E. Hubmer, PE City Engineer Luclosures ACEC 2008 Firm of the Year Minneapolis II St. Cloud Equal Opportunity Employer 0,111 umems end SctlinC a 11.1w\Lucid SGIIIIGAAT—,,,,, Inlmitt Pila\OLR3AV,TIt-LmccO5U09A. 30 31 CITY OF ST. ANTHONY RESOLUTION 09-048 A RESOLUTION ORDERING IMPROVEMENTS FOR THE ARBORS ALLEY ROADWAY AND UTILITY IMPROVEMENT PROJECT WHEREAS, a resolution of the City Council adopted on the 28`' day of April, 2009, fixed a date for Council hearing on the proposed improvements: ARBORS ALLEY ROADWAY AND UTILITY IMPROVEMENT PROJECT This project consists of alley reconstruction, replacement of water main, and drainage improvements in the following locations: 1. Alley located immediately south of Croft Drive and west of Old Highway 8. WHEREAS, ten days' mailed notice and two weeks' published notice in advance of said hearing was given and the hearing was held thereon on the 26`" day of May, 2009, at which time all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED, that the proposed improvements shall be contingent upon the conveyance of the requested easements to the City of St. Anthony from the Arbors Association, LLC in the amount of $1.00. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony approves such improvements as are hereby ordered in the Council Resolution. Adopted this 26°i day of May, 2009. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CV)......" AVGngsiFnrh u"'67eml.... M"',' 1O"'VO.1S11fl"',O1 i00.v,/,(Od-"h'-.nrsnv rbc 32 CITY OF ST. ANTHONY RESOLUTION 09-049 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE ARBORS ALLEY ROADWAY AND UTILITY IMPROVEMENT PROJECT The amount proper and necessary to be specially assessed at this time for various public improvements is 100% assessable as follows: First Year Years First Year Levy Collectible Assessed 15 2009 2010 $84,300 For improvements to the following: Alley located immediately south of Croft Drive and west of Old Highway 8. against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of 5.25%, accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not pre -paid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2009 through December 31, 2009 will be payable with general taxes for the levy year of 2009 collectible in 2010, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. C lDonnnmrt..... GnSaprnAfudull.uad Scrtin6siTurnPorcny Luanw if,OIKNARuIulo 09ax1PrmingA,crosvnonm.1- 33 4. The owner of any property so assessed may, at any time prior to certification, make payments (partial or full) towards the balance owed. The owner may, at any time after certification, pay the whole of the assessment, with interest accrued to the date of payment, except that no interest be charged if the entire assessment is paid by November 30°i of the assessment year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the property tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted this 26th day of May, 2009. Mayor ATTEST: City Clerk Reviewed for administration: City Manager c:Ina-„.m,.-n.xn.�m....L —n.n11"'0"y-""ani"w 1*,01K24w-,h,Io ov-...:-n.mrr„,a, i.....do, 34 CITY OF ST. ANTHONY RESOLUTION 09-050 A RESOLUTION AWARDING A BID FOR THE ARBORS ALLEY ROADWAY AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the above -referenced project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: WHEREAS, it appears that Kusske Construction Company, LLC of Chaska, MN is the lowest responsible bidder, NOW, TIIEREFORE, BE IT RESOLVED, of the City Council of the City of St. Anthony: 1. That following acquisition of easements from the Arbors Association, LLC, the Mayor and City Manager are hereby authorized and directed to enter into a contract with Kusske Construction Company, LLC in the amount of $79,387.00 in the name of the City of St. Anthony, Minnesota for the improvement outlined in the above -referenced project according to the plans and specifications, therefore, approved by the City Council and on file in the office of the City Clerk. 2. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted this 26th day of May, 2009. Mayor ATTEST: City Clerk Reviewed for administration: City Manager C VJotvnn. [11d4n/1'I. '41,LnalLdA,7 , ,,"', Id, a0/.5-L<n,l,lm a9..:. n „h,j,OIAI„,l unseoc Contractor Total Bid 1 Kusske Construction Company, LLC $79,387.00 2. G. L. Contracting Inc. $87,019.83 3. G. F. Jedlicki, Inc. $91,723.00 4. Penn Contracting, Inc. $94,328.00 5. Northdale Construction Co., Inc. $100,033.46 6. Burschville Construction, Inc. $100,519.00 7. Park Construction Company $132,654.03 WHEREAS, it appears that Kusske Construction Company, LLC of Chaska, MN is the lowest responsible bidder, NOW, TIIEREFORE, BE IT RESOLVED, of the City Council of the City of St. Anthony: 1. That following acquisition of easements from the Arbors Association, LLC, the Mayor and City Manager are hereby authorized and directed to enter into a contract with Kusske Construction Company, LLC in the amount of $79,387.00 in the name of the City of St. Anthony, Minnesota for the improvement outlined in the above -referenced project according to the plans and specifications, therefore, approved by the City Council and on file in the office of the City Clerk. 2. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted this 26th day of May, 2009. Mayor ATTEST: City Clerk Reviewed for administration: City Manager C VJotvnn. [11d4n/1'I. '41,LnalLdA,7 , ,,"', Id, a0/.5-L<n,l,lm a9..:. n „h,j,OIAI„,l unseoc A WSB & Assoc(ates, Inc. May 13, 2009 Infrastructure . Engineering . Planning ■ Construction The Honorable Mayor, City Council, and Staff c/o Michael Mornson City of St. Anthony Village 3301 Silver Lake Road NE Minneapolis, MN 55418-1603 Re: Resolution 09-051 701 Xenia Avenue South Suite 300 Minneapolis, MN 554 Tel: 763 5414800 Fax: 763 541.1700 Water Tower Park Watermain Replacement Project and St. Anthony Boulevard, at Silver Lake Road, Mill and Overlay Project City of St. Anthony Village, MN WSB Project No. 1626-43 Dear Honorable Mayor, City Council, and Staff: Attached for your consideration is a resolution awarding the contract for the Water Tower Park Watermain Replacement Project and the St. Anthony Boulevard, at Silver Lake Road to east of County Road 88, Mill and Overlay Project to the lowest bidder. The bid results, as well as the low bidder of Kusske Construction Company, LLC with a bid amount of $250,581.90, can be seen in the attached resolution. If you have any questions, I will be present at the May 26, 2009 Council Meeting to discuss those with you or please call me at 763-287-7182. Sincerely, WSB & Associates, Inc. /oIX/ /�� Todd E. Hubmer, PE City Engineer Attachment 2008 Firm of the Year Minneapolis . St. Cloud Equal Opportunity Employer ZW-0,1161 WctIngWOOM526M'bmm,n(r i0-1 Wit levmd 051309,drc 35 W CITY OF ST. ANTHONY RESOLUTION 09-051 A RESOLUTION AWARDING A BID FOR THE WATER TOWER PARK WATERMAIN REPLACEMENT PROJECT AND THE ST. ANTHONY BOULEVARD, AT SILVER LAKE ROAD, MILL AND OVERLAY PROJECT WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the above -referenced project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: WHEREAS, it appears that Kusske Construction Company, LLC of Chaska, MN is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, of the City Council of the City of St. Anthony: 1. That the Mayor and City Manager are hereby authorized and directed to enter into a contract with Kusske Construction Company, LLC in the amount of $250,581.90 in the name of the City of St. Anthony, Minnesota for the improvement outlined in the above -referenced project according to the plans and specifications, therefore, approved by the City Council and on file in the office of the City Clerk. 2. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Z C-11111 a mumsnzzoo9',osmzaomauomr... 01,N1w, b,",eon..id Contractor Total Bid 1. Kusske Construction Company, LLC $250,581.90 2. G. L. Contracting Inc. $263,696.70 3. G. F. Jedlicki, Inc. $264,478.50 4. Northdale Construction Co., Inc. $265,430.31 5. Penn Contracting, Inc. $269,198.70 6. Park Construction Company $304,432.07 7. Burschville Construction, Inc. $317,907.25 WHEREAS, it appears that Kusske Construction Company, LLC of Chaska, MN is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, of the City Council of the City of St. Anthony: 1. That the Mayor and City Manager are hereby authorized and directed to enter into a contract with Kusske Construction Company, LLC in the amount of $250,581.90 in the name of the City of St. Anthony, Minnesota for the improvement outlined in the above -referenced project according to the plans and specifications, therefore, approved by the City Council and on file in the office of the City Clerk. 2. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Z C-11111 a mumsnzzoo9',osmzaomauomr... 01,N1w, b,",eon..id Adopted this 26"' day of May, 2009. ATTEST: City Clerk Reviewed for administration: Mayor City Manager 216o1,111 oU-oH-Auv""j, O; a m. r,,,n,o,•d,,,:,va ,. rI.", h—k."Id" 37 8. STAFF REPORT To: Mayor, City Council Report No.: Mike Mornson, City Manager From: Kith Moore -Sykes, Assistant City Manager Date: May 26, 2009 Subject: Text Amendment to Title XV, Section 155 Signs; Allowing Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields (first reading) Requested. Action: First Reading: Consider Proposed Text Amendment to Section 155, Sign Ordinance; to Allow Temporary Signs to be Posted on Fences in the Recreational Open Space athletic outfields. Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Rec,�uired: March 25, 2009 3303 — 33`1 Avenue NE Recreational/ Open Space n/a N/A Yes Date Sent; No Future Action: Council Action, after three (3) readings of the proposed language amendment to allow temporary signs posted on the outfield fence of Palm Field. Background: Mr. Eric Brever, Esq., representative for the ISD 282 and St. Anthony Baseball Association, has appeared before the Planning Commission in a public hearing requesting that the City's Ordinance be amended to allow the School District 282 to be able to post temporary commercial signs on the outfield fences in Palm Field. The Planning Comt-fission tabled the public hearing to May 19, 2009. Mr. Brevet also attended the May 19, 2009 Planning Commission meeting. Staff received a written request dated March 25, 2009 from the Superintendent of Schools, asking that the City consider amending the language of Title XV, Section 155, Signs (formerly Chapter 14) " ... to allow for the installation of signs with advertising on the varsity baseball field as a means to generate income for field improvements" (letter dated March 4, 2009, Rod Thompson, Superintendent of Schools) . This request would also require consideration of amending the following Sections: Section 155.21 GENERAL REQUIREMENTS, (D) Placement of Signs, which states that, "No sign, or attachment to it, may be erected, placed or maintained by any person on rocks, fences, or trees, not in such a manner as to interfere with any electric lights, power, telephone or telegraph wires, or the supports thereof"; Section 155.22 PROHIBITED SIGNS, (B)(13) Signs Affixed Utility Poles and Fences., Signs painted, attached, or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility poles, bridges, towers, fences or similar public structures; and staff Palm Field Ord Text Amendment Section (13)(21) Off -Premises Signs, which are defined as a commercial speech signs which direct the 39 attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such business sign is located (155.03 DEFINITIONS). Recommendation: The question is whether or not to amend. the Ordinance to allow temporary signs posted on the athletic field fences in Central Park of a commercial, educational or philanthropic nature. The Planning Commission considered the following proposed language change: Subject to the approval of the City Council, and as a conditional use, and educational or non- profit institution may post signs displaying commercial, educational or philanthropic messages on walls or fences located around sports fields, subject to the following minimum conditions: I Signs must face inward, toward the playing .field; 2 Signs shall not be permitted to flash, contain any animation or internal illumination; 3. Signs may not be erected within 250 feet of residential district; 4. Individual signs cannot exceed 60 square feet in surface area, 5. Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the field or a cumulative of500 square feet total, whichever is less; and 6. Signs may be displayed for up to six months per calendar year. The public hearing tabled from April 21, 2009 was reopened and continued at the Planning Commission meeting scheduled on May 19, 2009. The Planning Commission again took testimony from the representative for the ISD 282 and asked for comments from the audience. No one stood up to speak for or against the proposed amendment to the City's Sign Ordinance. The public hearing was closed and a motion was made by Commissioner Jensen, seconded by Commissioner Cincoski to recommend approval of the request to amend the language of the City's Sign Ordinance to allow the positing of temporary signs on the outfield fences of athletic fields in Palm Field and the above suggested language. The vote to recommend approval was 5 yea; 1 nay; Commissioner Chaput was absent. Attachments: • Letters from Superintendent of Schools: March 4, 2009 and March 25, 2009 • Site Map • Memorandum of Clarification, Eric Brevet, Esq. • Ordinance 2009-004; Text Amendment to Title XV, Section 155 Signs; Allowing Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields. staff Palm Field Orel Text Amendment FIR -St, Anthony ik,,, New righton INDEPENDENT SCHOOL DISTRICT 282 March 4, 2009 City of St. Anthony Mayor and City Council Planning Commissioners Parks Commissioners RE: Signs on the Varsity Baseball Field Our school board is supportive of the installation of signs with advertising on the varsity baseball field as a means to generate income for field improvements.. The signs would advertise local businesses, would be tasteful, and would only be up for a 120 day period during the summer months. We are very fortunate to have one of the premier high school baseball fields in the state of Minnesota. The income generated from the signs will supplement all of the volunteer labor that we receive from the St. Anthony Baseball Association (SABA) and allow us to continue to provide a first class playing field. The varsity field is used by a wide variety of groups — including our town ball team, the St. Anthony Hogs, our senior men's league team — the Norsemen, and several others. With the extensive use of the fields to these groups, we need to continue the high level of maintenance to keep our field in great shape. This is done outside of the school board budget as resources are not available for the level of field maintenance that we have become accustomed to at Palm Field. We very much appreciate your cooperation on allowing for a temporary installation of signage at Palm Field. Your assistance will allow us to maintain a source of community pride in our varsity baseball field — home to the State Champion Huskies! Sincerely, Dr. Rod K. Thompson Superintendent Dr. Rod Thompson, Superintendent * rtliompsou a stanthony.kl2:mn.us 3303 33'd Ave NE ♦ St. Anthony, MN 55418 ♦ p: 612.706.1000 f: 612.706.1020 En F ' BT; tF St. Anthony 1km NO.Brighton 41 INDEPENDENT SCHOOL DISTRICT 282 March 25, 2009 Mr. Mike Momson, City Manager City of St.. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mike, At its meeting on March 24, 2009, the ISD 282 School Board discussed the matter of signage on district athletic fields. At the end of the discussion it was agreed by the board that a request be made of the City of St. Anthony Village to amend ordinance Section 1400.08. Toward that end, enclosed is an amendment the district proposes. It is my understanding that a hearing can now be set to consider such an amendment. If there is anything further you need from the district to move forward on this, please let me know. I would also look forward to hearing from you related to the date of the hearing. Thank you! Sincerely, Dr. R d K. Thompson Superintendent of Schools RKD/sb cc: Troy Urdahl Dr. Rod Tliompson, Superiwadent ■ rthoprpson@stanthony.kl2:1tm.us. 3303 33rd Anne NE ■ SI. Anlli ny, W1 55418 a I: 612.106.1150 1. 612.706.1020 n vnws0nnfhny.k12.mo.us Hennepin County Property Map Print rage i or t 42 Hennepin County Property Map - Tax Year: 2009 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this Information or Its derivatives. I _1L3fi09 94 B4 gA 35110 3563 3405 ,_____ __ x ,...a»...e_� _n ov�mu ax.,-w.>nv m u-.•kyw? azo.+�. DOWNERS DR 3426 342713404.3406 3424 3420 3112 3437'34331 L—L—LI 3416 SKVCRO iT CIR 41z 3411 3a20 3416 iI 3406 3464 3339 333S bn a4 3mUG _ 3?01 3303 A �3 3326 0 — _. a 3327 J s32M1 333191 3323 '3315 3's6n ?'5110 3M6 SUCROFT CIR rywL41 / f 7L(/t/Y�" --s3UG i I''30- 13305I33Uo ,k)eV c�✓U�f 330i I----- - -... -- -�•i 0+ 13405:3q" 1 3?UU 33110 AVE IJ E sUOf: 3Llt. __tel 1_U6 .06 32DG5 _U 3212 .32LU J 322,1 e Sek cted k�arcei Data Date Prini:eef: 4/21/2009 9:08:04 All . � d.• Parcel ED: CB6-©2B-"L3-73-OD07 €5wrver fSatiYe: SC'C€ DES'u' 2E2 Pavcd Address: 33®3 3311[1 AVE N E, D6. Current Parcel Date: 4/3/2009 ANTHONii, NEN 55447.8 _ Pr¢€reaV 3Vtae: COMVIE €3CEAE_-P€ EF Salt: Price: $6.®46 Harnestead: NOW-€10PILSTrAD Safe Date: / Area (sgo`c): 843378 Safe Code: Area (ac.Ee3)I 79.34 60RRUNS ua:: taF:aE: 4aG.E7F9 43 Memorandum of clarification with regard to the Proposed Ordinance Amendment St. Anthony Baseball Association II.SD #282 Introduction. This memorandum is to address various concerns voiced at the April 21, 2009 St. Anthony Planning Commission meeting by members of the Commission and Residents. This memorandum will clarify each provision of the proposed amendment and discuss the St. Anthony Baseball Association's position, in coordination with ISD #282. Il. Ordinance Text Subject to the approval of the City Council, and as a conditional use, an educational institution may post signs displaying commercial, educational or philanthropic messages on walls or fences located around sports fields, subject to the following minimum conditions: 1. Signs must face inward, toward the playing field; 2. Signs shall not permitted to flash or contain any animation; 3. Signs may not be erected within 250,feet of a residential district; 4. Individual signs cannot exceed 60 square feet in surface area; 5. Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the field (or a cumulative of 500 square foot total whichever is less); and 6. Signs must be of'a temporary nature (Signs may be displayed for up to six months per calendar year). (Underlined text added by voice amendment at 412112009 meeting). III. Analysis a. Subject to the approval of the city council, and as a conditional use... This provision provides that any plan for use of the signs contemplated in this process would be as a Conditional Use. The Conditional Use process permits the City and the Public the opportunity to take particular scrutiny as to any specific sign usage. Because of the ability to examine any particular plan for sign usage under this process, it is generally acceptable to allow a significant range of options and flexibility under the ordinance and allow for refinement through the conditional use permit process. Many cities use the conditional use permit process to enable situations similar to this where the concept itself is generally acceptable but allows the City to maintain control over the practice. As such, the discussion and allegations that seemed to dominate the April 21, 2009 meeting may have been beyond the scope of the proposed ordinance. SABA cannot be expected to have a detailed plan for proposal at this stage, since, as discussed at the March 17, 2009 meeting, without this ordinance amendment, there appears to be no proper avenue for even bringing such a plan before this body. Therefore, it appears that the proper and appropriate scope is not to discuss the specifics of the plan; rather, whether the proposed ordinance amendment is appropriate to enable such a plan to be brought fort . b. ...an educational institution... This portion of the Ordinance Amendment limits any such groups wishing to propose such conditional use specifically to educational institutions. This would prevent any commercial entities or other civic organizations from undertaking this process. It may be preferable, in view of the potential usage of signage at events such as Villagefest, to expand the class of eligible organizations to all nonprofits. However, such is at the discretion of the Planning Cormnission to make such an extension. c. ...may post signs displaying commercial, educational or philanthropic messages... This portion limits the use to general, nonpolitical speech, and should generally discourage any potential use for controversial issues. d. ..,on walls or fences located around sports fields, subject to the.following minimum conditions... This prevents the potential erection of freestanding or unsupported signs and monuments, and envisions usage by attachment to chain-link or buildings itself that are located on or around a sports field. In particular, this would restrict usage toward baseball and football facilities and potentially tennis covets and hockey rinks. It is unclear whether or not this would include any park facility such as the pavilion, and usage of the term "fields" may not include a hockey rink or a tennis court since those areas are not necessarily "fields". e. Signs must face inward, toward the playing field... This would require the signs to be directed toward the field of play and not at the general public areas of the parks. While the general design of the parks may allow for the visibility of some signage from public areas, this ensures that no organization can seek to use the ordinance as a public "billboard" beyond the scope of the athletic facilities itself. f Signs shall not be permitted to flash or contain any animation... This section prevents the use of electronic scroll displays or "videoboards" from being brought under this ordinance. It was suggested at the April 21, 2009 meeting that this section be clarified to ensure that there was no illuminated signs being utilized under this ordinance. The applicants herein agree with such clarification and would suggest this section be modified to read "Signs shall not be permitted to flash or contain any animation, or be independently illuminated. " This proposed 45 modification would include both frontlit and backlit signs, but would not exclude signs that would be visible resulting from the surrounding lights, such as surrounding the football field. g. Signs may not be erected within 250 feet of a residential district. This section is to ensure that any such signs would be erected as far away from Residential Districts as possible so as to avoid any inconvenience or unsightliness to the homes and residences in the City. As discussed at the April 21, 2009 meeting, there were some concerns about the 250 -foot setback requirement as to how they impacted the baseball field and football field. The baseball field outfield fence is XXX feet away from the nearest residential district, so that meets this threshold without a problem. However, the football field fence is XX feet away at its nearest point (the Southeast corner) to a residential district; at the northernmost point, the fence is only XX feet away from the residential district. However, on the Western edge fence (the more desirable from a spectator visibility standpoint), the fence is significantly more than 250 feet away from the residential district, as the football facility is at least 250 feet wide. This limitation (as written) will likely prevent the use of signage on the tennis court and hockey rinks in the City as they are within that 250 foot restriction. Given these realities, we suggest a smaller setback requirement and allow the Conditional Use process to examine the viability of a particular use. "There may be some instances of acceptable signage on these facilities, yet any unacceptable signage could still be prevented. However, by keeping the 250 - foot setback, any future propose signage on those facilities would require an ordinance change similar to the current process. h. Individual signs cannot exceed 60 square feet in surface area... This section is to prevent signs from being too large and to exclude the possibility of "billboard" type signs from ever being proposed. There was concern at the April 21, 2009 meeting regarding a 60 -square foot sign as being too large of a space. A 60 -square foot sign is equivalent to a 5x12 or a 6x10 foot sign. Noting that the baseball field fence is 10 feet in height, and the football field fence is 8 feet in height, such a sign would not necessarily even cover the entire fence! Considering that one of the proposed uses may be for visibility at either the baseball field or a football field, the sign would be intended for viewing at a distance of 250-300 feet distant. According to the United States Sign Council, whose recommendations are used by numerous states' transportation departments, a sign letter's height should be in a ratio of 1 inch high per every 10 feet of optimal viewing. Thus, a sign intended to be viewed at a distance of 250-300 feet should have letters approximately 25-30 inches in height. Using a ratio of 4 inches of height to 3 inches of width (including space around the letters), and assuming a letter height of only 24 inches, each letter should take up 18 inches of width. That means the word "HUSKIES" would utilize (adding a space on the front and back) a total of 9 character spaces, with each character having a width of 18 inches, and would yield 163 inches --or, 19 inches beyond the size of a 5 x 12 sign! It is our position that the flexibility for a long and narrow sign should not be restricted by the ordinance and should instead be regulated through the Conditional Use process. Given the above example, there may be situations where a 4 x 15 foot sign conveying a horizontal phrase may be appropriate and desirable; however, limiting such sizes at the ordinance level seems off- putting and unduly burdensome, considering the formalistic process for those situations where it should be appropriate. Where a particular plan seeks to use such a large horizontal sign, it can be considered and discussed by the Commission at that time and on the merits of such a plan. However, given the spaces and distance under examination, a 5 x 12 foot sign for a horizontal message is not beyond reasonable—and any particular use would, again, be subject to the Conditional Use process. i. Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the field (or a cumulative of 500 square foot total whichever is less This section makes the Ordinance Amendment consistent with other sign ordinance provisions restricting total signage space to a percentage of the wall area, and the additional portion (added verbally at the April 21, 2009 meeting) adds a further limitation to the size of the signs in question. This provision would allow ten 50 square foot signs (which, in a 5x10 dimension variety, would cover 100 feet of horizontal space—or substantially less than 1/3`a of the entire outfield horizontal fenceline of baseball field and significantly less than 1/6°i of the total outfield wall area—and less than 35 yards worth of space along the football field fence). It is our position that the 500 square feet limitation is a condition best added as part of a conditional use, as, in some instances, signs may serve to block the visibility of other signs from public areas. In the case of Irondale High School, community -sponsored signs encircle the entire football stadium—and those block the view of signs on the other end of the field from those outside the stadium. Failure to leave this option open for a conditional use permit could result in an inability to even consider this potentially desirable feature from ever occurring. j. Signs must be of a temporary nature (Signs may be dismayed for up to six months per calendar year). This provision ensures that no erected sign will be permanent or be posted year round. Such a feature will ensure the signs remain temporary in nature and, again, prevent these from being "billboards". It is our position that either phrase is appropriate, but we suggest that the latter phrase may be more precise and "clean" and present a time limit as to the maximum posting of any sign in a calendar. Again, it should be noted that farther limitation as to a time limit could occur as a part of the Conditional Use process—which could, for example, limit any sign posting to August through November for purposes of the football field. 47 IV. Fundraising As discussed at the April 21, 2009 Public Hearing, Schools and Athletic Programs are required to be more creative to keep pace with the funding of their distinct programs. Unfortunately, St. Anthony is not exempt from this situation. In order to continue to provide a reputable youth and high school athletics program available for all children, combined with offering the opportunity for life-long athletics, SAVHS and the Sports Boosters, in coordination with organizations such as SABA, need to look to the greater community to fund these endeavors so as not to unfairly levy taxpayers for these charges. While the individual athletic programs perform a variety of fundraising from "Gold Cards" to bake sales and car washes, by itself the budget cuts have continued at a rate faster than the fundraising can keep up with. The signage method has been successful in other towns—in fact, its nostalgic feel has been a drawing point to other small towns rural and suburban, given the popularity of "Town Ball Baseball"—and could assist St. Anthony to be considered a part of these unparalleled communities. Because of the unique circumstances and times we are under, and because of a lack of any track record, it would likely not be fair at this point to require a cap on fundraising. To be sure, it is not likely that a signage program will anytime soon produce sufficient funds to run an athletics program—and if it did, such would not be a terrible problem to have. However, it is anticipated that the Conditional Use process would require a presentation as to how the funds would be used for a particular signage program. Therefore we oppose any cap on fundraising since it is not likely that the signage program will produce funds in a range that would necessitate such a cap. Furthermore, the desire here is to enable local businesses to be involved—and given the cost limitations that local businesses have in their advertising budgets, a cap would not be helpful. V. Conclusion This Ordinance Amendment would provide sufficient flexibility in allowing signage commonly found in other communities supporting local athletics, yet forbidden by St. Anthony's Code, while at the same time ensuring that any signage utilized through the Amendment is appropriate and respectful considering its circumstances. This Ordinance Amendment is merely the pathway to allow signage to be erected, and is not the destination itself—it is the doorway that would eliminate signage that never would be acceptable. Approval of this Ordinance Amendment will not yield carte blanche for the School District to start placing commercial signs around its athletic facilities; rather, it will allow only SABA to present a plan for a signage program for consideration under the Conditional Use process through the Planning Commission. Thus, we encourage the adoption and approval of this Ordinance Amendment, as we believe it in the best interest of the Cormmunity, and any potential drawbacks are still protected by the Conditional Use process. MY Respectfully Submitted, Eric B. Brever, Esq. St. Anthony Baseball Association Troy Urdahl St. Anthony Village High School CITY OF ST. ANTHONY VILLAGE ORDINANCE NO. 2009-004 TEXT AMENDMENT TO TITLE XV, SECTION 155 SIGNS; ALLOWING TEMPORARY SIGNS TO BE POSTED ON FENCES IN THE RECREATIONAL OPEN SPACE ATHLETIC OUTFIELDS Section 155.29 DISTRICT SCHEDULES (3) Subject to the approval of the City Council, and as a conditional use, temporary signs displaying commercial, educational or philanthropic messages on walls or fences located around sports fields, subject to the following minimum conditions: (1) Signs must face inward, toward the playing field; and (2) Signs shall not be permitted to flash, contain any animation or internal illumination; and (3) Signs may not be erected within 250 feet of a residential district; and (4) Individual signs cannot exceed 60 square feet in surface areas; and (5) Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the field or a cumulative of 500 square feet total, whichever is less; and (6) Signs may be displayed for up to six months per calendar year. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: ATTEST: City Clerk Mayor M STAFF REPORT 50 To: Mayor, City Council Mike Mornson, City Manager Report No.: From: Kim Moore -Sykes, Assistant City Manager Date: May 26, 2009 Subject: Lot Split for 4017 Silver Lake Road Requested Action: Lot split for 4017 Silver Lake Road to create two R-1 lots. Date Application Received: PropeM Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: April 21, 2009 4017 Silver Lake Road R-1 June 22, 2009 N/A Yes Date Sent; Council Action to approve proposed lot split. No Background: Ms Susan Lindberg inherited property at 4017 Silver Lake Road and contacted Staff looking for information about applying for a lot split of this property. Ms. Lindberg has had the property on the market for sale and the marketing of this property has produced an interested buyer for the back portion of the current lot. A recent survey of the lot as it currently exists shows it to be an interior lot of 21,214 square feet or .487 acres. Of this 21,214 square feet, 99 square feet is reserved as a right -of way for Silver Lake Road and 1,117 square feet that was originally intended as an easement for an alley that was never used. The resultant lots, if the lot split application is approved, would have Parcel A with 11,166 square feet, including the alley easement and Parcel B with 10,048 square feet. The minimum interior lot size for this zoning district is 9,000 square feet. Both parcels would also conform to the lot width minimum of 75 feet; the lot is 79.82 wide at the front and the back. Parcel A will retain the address of 4017 Silver Lake Road and Parcel B will be 4016 Penrod Lane. The buyer proposes to build a single family structure once he closes on the purchase of Parcel B. Staff also contacted the City attorney to find out if it was necessary for the City to vacate the alley easement. The City Attorney indicated that since it is wholly contained within the lot and of no use, it is not requited to be vacated. Action: The Planning Commission held a public hearing on this matter. There was no one in the audience that spoke out against the proposed lot split and staff received no calls in opposition to this application. The Planning Commission unanimously voted to recommend approval of the proposed lot split to the City Council. Attachments: • Site Plan/Lot Survey • Resolution 09-052; A Resolution Approving the Preliminary Plat and Final Plat for Lot Split of 4017 Silver Lake Road, Lots 7 & 8 and Lots 23& 24, Block 17 All in "Soo Marie Park". staff4017 Lot Split CC Staff Report E § a +®:ooeao®:e fil!VSs eOl IiII - 6;; d aha t tFpi t I 6 W I ieagg4==6 z - �t9ye+t I 1 I 9 ��ag �[6 Bts6Y16E I p W R iT I i I m 5 I o i m P I O i d aha t tFpi t I 6 W I z OC z w 2 LLLL[[[[����7y7y7y7y o p M �\ ieagg4==6 z - �t9ye+t I 1 I • ��ag �[6 Bts6Y16E I p W i.b i I i I m 5 I o i m I � I O i z OC z w 2 LLLL[[[[����7y7y7y7y o p M �\ z 1 • ��ag �[6 Bts6Y16E I p W � i i PL 6S C m I o i m I � I O i - q6 Q 9 F 7i a ��I I•o " ak§� i�` 5_.a `-".san ,yR a s'.-� 9 � Z o g4 9� z OC z w 2 LLLL[[[[����7y7y7y7y o p M �\ z 1 • ��ag �[6 Bts6Y16E I p W � i i PL 6S C m I o i m I � I O i 52 CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-052 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLAT FOR LOT SPLIT OF 4017 SILVER LAKE ROAD, LOTS 7 & 8 AND LOTS 23 & 24, BLOCK 17, ALL IN "SOO MARIE PARK".. WHEREAS, the St. Anthony Planning Commission held a public hearing on May 19, 2009 for the review of the submitted survey map and preliminary plat presented in application for a lot subdivision for 4017 Silver Lake Road; and WHEREAS, staff presented a Staff Report that provided information regarding the lot split request received from the property owners; and WHEREAS, staff also presented the Planning Commission with a current survey map/preliminary plat as prepared by Mark Kemper, professional land surveyor with Kemper & Associates, Inc., for its review and consideration; and WHEREAS, the splitting of 4017 Silver Lake Road will create two conforming interior lots, with 4017 Silver Lake Road retaining the R-1 residential structure and the second lot being a vacant R-1 lot fronting on Penrod Lane; and WHEREAS, the owner, who inherited the property from her father, proposes to sell both lots once they are split; and WHEREAS, the Planning Commission found the following requirements for the proposedR-1 lots are in compliance with the City's Zoning Ordinance: 1. Access. The lots do abut by their full frontage on a public street. 2. Size. The minimum dimensions for the single-family lot are: a. Lot areas meets minimum lot area of 9,000 SF i. Parcel A =11,166 SF ii. Parcel B = 10,048 SF b. Lot width meets minimum lot width of 75 feet for both proposed Parcels. Both Parcels will be 79.82 feet wide. WHEREAS, the Planning Comn-tission recommends to the City Council to approve the survey map/ preliminary plat as a final plat; that the City Council approve the subdivision of land for property located 4017 Silver Lake Road. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony does hereby approve the survey map/ preliminary plat for 4017 Silver Lake Road and as final plat; and that the City Council does also hereby approve the lot subdivision of 4017 Silver Lake Road, thereby creating two R-1 parcels. ZACouncil Meetings\2009\05262009\Res4017 SLR Lot Split 05192009.doc 53 Adopted this 26th day of May, 2009. ATTEST: Mayor City Clerk Review for Administration: City Manager Z:\Council Meetinc0s\2009\05262009\Res4017 SLR Lot Split 05192009.doc 4 STAFF REPORT To: Mayor, City Council Report No.: Mike Mornson, City Manager From: Finn. Moore -Sykes, Assistant City Manager Date: May 26, 2009 Subject: Conditional Use Permit for Ikram Daycare Centers, 3055 Old US Hwy. 8 Requested. Action: Public Hearing on Conditional Use Permit Application Date Application Received: April 20, 2009 Property Address: 3055 Old US Hwy. 8 Zoning District: Light Industrial 60 -Day Expires: June 19, 2009 Waiver Letter Rewired: NA Yes; Sent: No Future Action: Council Action: May 26, 2009 Council Meeting. Background: Ms. Kalthum Jama, lkram Childcare, LLC, has requested a Conditional Use Permit to allow Ikram Daycare to locate at 3055 Old US Hwy. 8. The subject property is zoned Light Industrial. The applicants presented a CUP application to the Planning Commission at a public hearing held at the May 19, 2009 Planning Commission meeting. Application Review: An application for the CUP was made on forms provided to Ms. Jama by Staff and deemed complete. The public hearing notice for the May Planning Commission meeting was published in the City's legal newspaper and notices were mailed to property owners adjacent to the property, as requited by state statute. The CUP application was reviewed and considered with the following items in mind: a.) The use is one of the conditional uses specifically listed for the district in which the property is located. A text amendment was adopted by City Council in 2007 allowing daycare facilities as a permitted conditional use in the Industrial Zoning District. b.) The Council has specified all conditions which the Council deems necessary to make the use compatible with other uses in the area. c.) 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. The applicant has argued that a conveniently located daycare facility will not be detrimental in any way to the health, safety, or general welfare of persons residing or working in the vicinity but rather will be welcomed by employees with children who work and/or live in the area. staff CUP Ikram Child Care d.) The use will provide a service or a .facility which is in the interest of public convenience and will 55 contribute to the general welfare. Ms. Jama states that Ikram Daycare offers a safe, fun, loving and educational environment to the children of the community. The following are specific conditions that staff is recommending for consideration and to be made a part of the CUP for the Ikram Daycare facility. 1. Appropriate Licensure Required. City Ordinance defines daycares as facilities regulated by state law where adult supervision and care is provided for three or more children (Section 152.008). Chapter 245A of the Minnesota Statutes requires licensure for such facilities. 2. Traffic Control. Off-street loading areas shall be provided on site and designated for the forward travel of vehicles both on entering and leaving the premises. This access should be an easily navigated in and out but allow for the safe drop-off or pick-up of children. This pick-up and drop-ff area shall be close to the building. Walkways should be available to provide safe movement between the facility and the loading and/or parking areas. 3. Parking, Required parking shall included one space for each employee on the largest shift; all spaces must be at least 9 feet by 19 feet and must be clearly marked and outlined; and at minimum, one visitor space for every ten children. 4. Signs. Signs are permitted as allowed in Title XV, Section 155.29 (C) of the City's Code. 5. Play Area, The area for a designated play area must be adequate for the number of children at the daycare facility and according the any requirements of state licensure. This area must be fenced and secure. Walkways should be designated to provide safe movement between the facility and the play area.. Staff received no calls or etnails opposing this CUP application. Action: The Planning Commission held a public hearing on this matter. There was no one in the audience that spoke out against the proposed Conditional Use Permit. The Planning Conamission unanimously voted to recommend approval of the proposed lot split to the City Council. Attachments: • Site Map + Resolution 09-053; A Resolution for Approval of a Conditional Use Permit for the Ikram Daycare Center, LLC located at 3055 Old US Highway 8 staff CIDP Ikram Child Care D Suite 110 2,792 RSF Class Room 1-1031 468 SF Class Room 101 289 SF EXIT M Building E] Office area Level 1 Common Area 1/8" = 1'-0" ----- – THE WIRTH COMPANI CHILD CNTR SPACE PLAN Project number _Project Number Date 5-1-09 Drawn by Mike Checked by 5 001 --I Scale 1/8" = P-0" 5/7/2009 11:48:07 AM Men's RM YxITLady's 106 RM 107 — Area 2428 SF U Reception Kitchen Room 1 00 Extr 108 L M M Building E] Office area Level 1 Common Area 1/8" = 1'-0" ----- – THE WIRTH COMPANI CHILD CNTR SPACE PLAN Project number _Project Number Date 5-1-09 Drawn by Mike Checked by 5 001 --I Scale 1/8" = P-0" 5/7/2009 11:48:07 AM 57 CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-053 RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR IKRAM CHILD CARE, LLC LOCATED AT 3055 OLD US HIGHWAY 8. WHEREAS, Ms. Kaltun Jama, owner of Ikram Child Care, LLC has submitted an application for a Conditional Use Permit under City Code Subsection 152.142 (G) to allow childcare services business to be located in a industrial zoned district; and WHEREAS, the City of St. Anthony Planning held a Concept Review on March 17 2009 to review Ms. Jamas request; and WHEREAS, on May 19, 2009, the Planning Commission conducted a public hearing on the proposed CUP; and WHEREAS, all required public notices regarding the public hearing were posted and sent as required by State Statute; and WHEREAS, the Planning Commission has recommended approval of the proposed CUP to the City Council upon the conclusion of the public hearing; and WHEREAS, the City Council received the Planning Commission's recommendation, additional written and verbal testimony from the applicant and other interested persons, and upon consideration of the application and supporting materials, Staff's report, and all other information constituting the record of this application; and WHEREAS, the City Council upon further deliberation, voted to recommend the requested Conditional Use Permit and directed the preparation of the Findings of Fact and this resolution as a contemporaneous record of the Council's decision, and BE IT RESOLVED that the City Council of the City of St. Anthony does hereby Adopt the following Findings of Fact related to the requested CUP: Findings: 1. Subsection 151.142 (G) in the Industrial Zoning District lists daycare centers without drive-through facilities as an allowed use in the Industrial' District under a CUP. 2. The issuance of a Conditional Use Permit under Subsection 152.243 of the City's Zoning Code requires the consideration of the following items: a. The use is one of the conditional uses specifically listed for the district in which the property is located. b. The Council has specified all conditions, which the Council deems necessary to make the use compatible with other uses in the area. C. 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. d. The use will provide a service or a facility, which is in the interest of public convenience and will contribute to the general welfare. 3. Appropriate Licensure Required. City Ordinance defines daycares as facilities regulated by state law where adult supervision and care is provided for three or more children (Section 152.008). Chapter 245A of the Minnesota Statutes requires licensure for such facilities. 4. Traffic Control. Off-street loading areas shall be provided on site and designated for the forward travel of vehicles both on entering and leaving the premises. This access should be an easily navigated in and out but allow for the safe drop- off or pick-up of children. Pick-up and drop-ff areas shall be close to the building. Walkways should be available to provide safe movement between the facility and the loading and/or parking areas. 5. Parkine. Required parking shall included one space for each employee on the largest shift; all spaces must be at least 9 feet by 19 feet and must be clearly marked and outlined; and at minimum, one visitor space for every ten children. 6. Signs. Signs are permitted as allowed in Title XV, Section 155.29 (C) of the City's Code. 7. Play Area. The area for a designated play area must be adequate for the number of children at the daycare facility and according the any requirements of state licensure. This area must be fenced and secure. Walkways should be designated to provide safe movement between the facility and the play area; and BE IT FURTHER RESOLVED by the City Council that the application to issue a Conditional Use Permit to Ikram Childcare, LLC to locate at 3055 Old US Highway 8 is hereby approved. Adopted this 26th day of May, 2009, ATTEST: City Clerk Reviewed for Administration: Mayor City Manager 59 0 STAFF REPORT To: Mayor, City Council Report No.: Mike Morrison, City Manager From: Kim Moore -Sykes, Assistant City Manager Date; May 26, 2009 Subject: Formal Approval of the City's 2008 Comprehensive Plan Update Requested Action: Recommendation for Formal Approval of the City's 2008 Comprehensive Plan Update Date Application Received: N/A Property Address: N/A Zoning District: N/A 60 -Day Expires: N/A Waiver Letter Required: Yes N/A Date Sent: No Future Action: Approval by Resolution of the 2008 Comprehensive Land Use Update by City Council. Background: In Minnesota, authority for land use planning and regulation has been traditionally placed with local governments, i.e., cities, townships or counties. In 1976, the state legislature passed a law, The Metropolitan Land Planning Act that required local governments in the seven -county metro -area to develop local comprehensive land use plans. The Act has been amended several times since 1976 but still requires local government to update maps and data showing current and future land use; development plan for communities planning to expand their urban service area; a housing plan; a surface water management plan; plans for public facilities and infrastructure, i.e. transportation, sewers, and parks; and other elements that are pertinent to that municipality. A jurisdiction's local comprehensive land use plan is required to be reviewed and updated every ten years. St. Anthony's Comprehensive Plan was last updated in 1998. St. Anthony City staff began working with an rid hoc task force comprised of interested residents, Bill Weber, a planner with McCombs, Frank Roos & Assoc. and the City Engineer in 2006 on updating the City's Comprehensive Land Use Plan Update. Once all the changes and improvements were noted and compiled into a preliminary document, the City submitted its draft comprehensive land use plan update to the surrounding communities, Hennepin and Ramsey counties, and other interested governmental and quasi - governmental agencies for their review and comment. Once the comments period had expired, any comments that Staff received were submitted to Mr. Weber for inclusion in the Comprehensive Plan Update. Council was then asked to approve by resolution the submission of the preliminary Comprehensive Plan to the Met Council for its review. Staff received several comments from the Met Council which were incorporated into the flan Update and resubmitted to the Met Council. staff Formal Comp Plan Approval In March 2009, chapters from the City's Comprehensive Land Use Plan Update went before various Met Council committees for review and approval. The whole document was then submitted to the full Council for approval on March 25, 2009. On March 27, 2009, Staff received a letter advising the City that the City's Update meets all the Metropolitan Land Planning Act requirements, conforms to the regional system plans, including transportation, aviation, water resources management, and parks. The Plan is also consistent with the 2030 Regional Development Framework. The letter also stated that the Citys Plan may be put into effect. The Met Council did pass on several recommendations, which are as follows: 1. Put its Comprehensive Plan Update into effect; 2. Revise the Update to reflect toe corrections listed for transportation; 3. Advise the Met Council when the watersheds have approved the City's Water Resources Management Plan (WRMP) and send a copy of the final WRMP if revised, 4. Continue to implement conservation programs targeted at reducing residential water use. 5. Approve the City's Tier II Comprehensive Sewer Plan. These recommendations do not prevent the City from formally adopting the City's 2008 Plan Update and putting it into effect. Most of these items are ongoing and are currently being worked on. Once completed, the appropriate overseeing -agency will be notified. Completed items will be added as part of the current plan with them being incorporated into future updates. Action: Recommend formal approval of the City's 2008 Comprehensive Land Use Plan Update to the City Council. Attachments: + City of St. Anthony 2008 Comprehensive Land Use Plan Update • March 27, 2009 Advisory Letter from the Metropolitan Council • Resolution 09-054; A Resolution Formally Approving the 2008 City of St. Anthony Comprehensive Plan Update staff Formal Comp Plan Approval Metropolitan Council 62 March 27, 2009 Ms: Kim. Moore -Sykes Assistant City Manager Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 RE: City of St. Anthony Village 2030 Comprehensive Plan Update Metropolitan Council Review Pile No. 20139-1 Metropolitan Council District 8 Dear Ms. Moore -Sykes: The Metropolitan Council reviewed the City of St. Anthony Village (City) Comprehensive Plan Update (Update) at its meeting on March 25, 2009. The Council based its review on the staff's report and analysis, (see attached). The Council found that thetty s Update meets all MEtrtspdhtali{I and 311aniu�ig;!' cx :,x�il�lre���.itt��•oor�forrr3sut»�the rbgiol+dl�gy�tern�plamsl�in�iudin�4Ta`ttspeartation a�+iati�an>�cvater rosouroes!2naaaagt�rft tth; d'pai12 ; i"s etii151sCent vv�Ghfi}r >2tJdQalLa0o,n., OADa sly'Pmovt Flatwzks,atzd is asltagaLi3�lxravthnthe.plat>sYosadJactaitUutrdations. Therefore, the City may The Council adopted the following recommendations. 1. Authorize the City of St. Anthony to put its 2030 Comprehensive Plan Update into effect; 2. Advise the City to: a. Reva�e tli'Update,tossefiert.ihc:.correetio2s h�tod=fbr transpditaUio3. b. Notify the Council when the wastewater diversion structure at Council Meier M105 ib=aUnl�d4tao c. Inform the Council when the Water.tesourc�st Ntttnageitzci t Phan (WRMP), and selid tl G•Council a opy of':thi final>WRMP if 4- has been revised since the Council's September 2008 review. d. Continue to implement conservation programs targeted at reducing residential water use. 3. Approve the City''s "1 ier I1 Comprehensive 8'6we1 Plao. www..,,el.rocouncil.org 390 Robcr( SUeet North • SI Paul, MN 55101-)805 • (6511 602-)000 • 1'ax (56 1) CO?. -1560 . TI'Y (W) 1) 291-0904 An I;��n'ii Op@v mnup I]nployrr Ms. Kim Moore -Sykes March 27, 2QQ9 Page 2 Please consult the attached staff report for important information about the City's next steps. Of particular importance are theun� i; t dn� general Advisory Comments listed ondMgo, and the spfi„nmPn fQr+ ca1� which are found in the body of the report. Congratulations on a plan well done, and for being among the earliest communities in the region to have completed its Update successfully. We sincerely appreciate the patience and spirit of cooperation shown by city staff and its consultant Mr. Webber, throughout the review process. Phyllis Hon, Manager Local Planning Assistance cc: Michael Mornson, City Manager William Webber, AICP, McCombs Prank Roos Todd I-Iubmer, City Engineer Lynette Wittsack, Metropolitan Council District 8 Denise Engen, Sector Representative/Principal Reviewer Cheryl Olsen, Reviews Coordinator N. ICnnuriDevILPAIConnnunitieslSt. Anthony VillagelLetterslS[. Anthony Village - 2030 CPU review - final.doc 63 CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-054 RESOLUTION FORMALLY APPROVING THE 2008 CITY OF ST. ANTHONY COMPREHENSIVE PLAN UPDATE WHEREAS, The City of St. Anthony was required by Minnesota Statutes to complete and submit an update to its Comprehensive Land Use Plan by December 31, 2008; and WHEREAS, the City Council selected a land use planning consultant through the Request for Proposal process in 2006 for the comprehensive land use update project; and WHEREAS, the City Council appointed a 12 -member task force to review and advise the City on land use planning issues that need to be addressed in the 2008 Comprehensive Plan Update; and WHEREAS, the planning consultant, the task force and staff prepared a draft of the 2008 Update to the City's Comprehensive Plan; and WHEREAS, the proposed 2008 Comprehensive Plan Update was sent to the surrounding communities, Hennepin and Ramsey counties, watershed districts, school districts and other interested agencies for the six-month comment period as prescribed by MN Statute 473.858, Subd. 2; and WHEREAS, the City staff received no substantial comments; and WHEREAS, staff has resubmitted the 2008 Comprehensive Land Use Plan Update to the City's Planning Commission for additional review at their regularly scheduled Planning Commission meeting on November 18, 2008; and WHEREAS, the Planning Commissioners submitted no substantial changes, corrections or revisions to the 2008 Comprehensive Land Use Plan Update; and WHEREAS, the City Council of the City of St. Anthony reviewed and approved the submittal of the City's 2008 Comprehensive Land Use Plan Update to the Metropolitan Council for their approval at he November 25, 2008 Council Meeting; and WHEREAS, the Metropolitan Council and its various committees reviewed the City's 2008 Comprehensive Plan Update; and WHEREAS, the City received a letter dated March 27, 2009 advising the City of their recommendation to authorize the City to formally adopt the Plan, putting the 2008 Comprehensive Plan Update into effect, while at the same time to continue working on additional items for inclusion in the current 2008 Update and adopted as part of future updates. NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony does hereby formally adopt the City's 2008 Comprehensive Land Use Plan Update. Adopted this 26tt, day of May, 2009. AT'rEST: City Clerk Reviewed for administration: Mayor City Manager G� FUTURE COUNCIL AGENDA ITEMS - 5126/2009 Meeting Meeting Staff Items/Issues Date Type Bus Tour... 2:00 - 4:00 pm Water & Sewer Rates .lune 1 Worksession ALL Parking Ordinance 2:00 pm NYFS Contract Amendment City Engineer 5 -year Street Projects Police Contracts June 9 Regular Public Works Director Parking Ordinance City Engineer Ordering the Feasibility Report for 2010 Street Improvements Consent Agenda Northwest Youth and Family Services Contract Amendment City Manager Resolution Market Value/Budget Cut Tautges, Redpath 2008 Audit Presentation Jurle 23 Regular Planning Commission items from June 16 Finance Director City Insurance Renewal City Manager Police Contracts with Falcon Heights and Lauderdale July 14 Regular July 28 Regular Planning Commission items from July 21 National Nite Out Proclamation City Manager Quarterly Goals August 3 Wor6ksesssion Review Proposed 2010 Operating Budget and Tax Levy pm August 11 Regular City Engineer Accept Feasiblity Report and Order Plans and Specifications for the 2010 Street Project August 25 Regular Planning Commission Items from August 18 August 31 Worksession Review 2010 Levy Limits and Tax Levy 6 m September 8 Regular r nage Finance City Manager Ordering the Feasibility Report for 2010 Street Improvements City Manager Setting the City's Proposed 2010 Tax Levy & Budget in Compliance Finance Director with the T -N -T Act Changing the December meeting dates (if needed for T -N -T) September 22 Regular Planning Commission items from September 15 Consent Agenda Approval of Election Judges for General Municipal Election September 29 Special Joint Meeting with School Board Worksession followed by worksession October 13 October 27 Planning Commission items from October 20 City Engineer Accepting 2010 Plans and Specifications and Ordering Advertisement for Bids City Manager Quarterly Goals November 2 Worksession 6 pm November 10 Canvass results from the November s election November 24 May 2009 Monthly Planner Printed by Calendar Creator for Windows on 5/20/2009 2 Apr 2009 inn 2009 S M T W T F S S M T W T F S City -Wide Clean 1 2 3 4 1 2 3 4 5 6 Up Day 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 3 4 S 6 7 8 9 Worksession 10 11 12 13 14 15 16 City Council Meeting 7pm 17 18 19 20 21 22 23 Planning Commission Meeting 7 pm 24 25 26 27 28 29 30 HOLIDAY City Council Meeting 7 pm 31 Printed by Calendar Creator for Windows on 5/20/2009 June 2009 Monthly Planner Printed by Calendar Creator for Windows on 5/2012009 MondaySunday Friday 1 2 3 4 S 6 Worksession 2PM 7 8 9 10 11 12 13 City Council Meeting 7pm 14 15 16 17 18 19 20 Planning Commission Meeting 7 pm 21 22 23 24 25 26 27 City Council Meeting 7 pm 28 29 30 May 2009 Jul 2009 S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 31 Printed by Calendar Creator for Windows on 5/2012009