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Home My WebLink AboutCCMin_87Dec9MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 9, 1987 Baldwin opened the meeting at 7:00 P.M. ALL MEMBERS PRESENT Wallin, Hard, Ciernia, P. Chenoweth, and Baldwin. Also present were Wiessner, S. Chenoweth, and Attorney Marx. ADDENDUM TO AGENDA Council added Item F(12), Rental Fee Policy for Other Governmental Agencies, to the Policy Agenda, and Item E(9), December 7, 1987 Planning Commission Minutes, to the Consent Agenda. MINUTES OF NOVEMBER 18, 1987 APPROVED Council approved the Minutes of November 18, 1987 as presented. CONSENT AGENDA APPROVED Council approved the following Consent Agenda: 1. Fire and Ambulance Reports 2. Disbursements through December 9, 1987 $21,030.18 3. Payroll 11/16/87 - 11/30/87 $ 6,904.64 4. Prosecutor's Statement for September and October, 1987 5. Briggs and Morgan Statement for October, 1987 6. Licenses 7. Cancel Check #19543 Dated 9/10/86 in Amount of $24.00, Issued to Linda Nelson, and re-issue 8. Request from Edina Realty for Refund of Utility Charges 9. December 7, 1987 Planning Commission Minutes NORTHOME SHOPPING CENTER FIRE CODE VIOLATION Baldwin presented an update on the Fire Marshal's attempts to have the owner of the shopping center install sprinklers in the basement of the center as required by the Fire Code, and explained that if the sprinklers are not installed it would be necessary to close off the area. Michael Labalo, who has a financial interest in the center, explained to Council that he had been informed of the problem only two days previously. He is willing to finance the project for the present owners who are involved in bankruptcy proceedings, however, district court will have to approve his request to proceed with the sprinkler installation. A hearing is scheduled for December 14th. Tim Marx summarized his memo dated December 9, 1987 and the proposed resolution which would start proceedings for the city to abate the hazardous condition. Council discussed whether or not it was necessary to take this action since Mr. Labalo has indicated he intends to remedy the problem. Council concurred it would be prudent to start the process in the event Labalo cannot make arrangements to sprinkler the building and Wallin moved, seconded by Ciernia, adoption of Resolution R-87-37, with the stipulation that staff delay enactment of the resolution until December 17, 1987 awaiting the outcome of the December 14th court hearing. Motion carried unanimously. RESOLUTION R-87-37 81. A RESOLUTION AUTHORIZING CITY OFFICIALS TO PROCEED WITH AN ACTION UNDER THE STATE HAZARDOUS AND SUBSTANDARD BUILDINGS ACT TO ABATE A HAZARDOUS CONDITION AT THE NORTHOME SHOPPING CENTER MINUTES DECEMBER 9, 1987 PAGE 2 HARVEST STATES REQUEST FOR FIRE CODE VARIANCE Wiessner explained that Harvest States has agreed to comply with the Fire Code in the basement of their building and are working with the Fire Marshal on the matter. APPROVAL OF VARIANCE REQUEST FROM DEAN SCHWALM, 1725 ASBURY Wallin informed Council that at the December 7th Planning Commission that body unanimously approved the Schwalm request to construct a room addition 21 feet from the rear lot line. Wallin then moved Council approval of the request and the motion carried unanimously. STRATFORD OFFICE PARK UPDATE - FURTHER DISCUSSION TO BE HELD ON 1/13/87 Wiessner explained the attorney for Stratford, Tim Welsch, has not provided a status report as requested by Council at the November 18th Council meeting. Marx informed Council that Stratford has instituted legal action against Juran and Moody and National City Bank which could halt construction of the additional buildings as required by the development agreement, and that there are mechanic's liens against the existing buildings. Council expressed concern that the delay in constructing the additional buildings would be a detriment to the tax increment district. P. Chenoweth suggested it might be prudent to investigate the possibility of combining tax increment districts so the healthy districts would share in assisting the Stratford project, thus limiting the city's liability. Baldwin requested that Council be provided with a summary of the costs/benefits if the city should declare Stratford in default of the development agreement, and directed staff to place the item on the January 13, 1988 agenda. CITY TO CONTINUE SHADE TREE PROGRAM - CITY FORESTER TO ASSUME ADDITIONAL DUTIES Wiessner requested Council consider the following items relating to shade trees: (1) continuation of the program in 1988, (2) single bid process vs. current process, and (3) change in City Forester's job description, and explained the advantages of each item. Forester Scott Enebak was in attendance and encouraged continued participation in the program as he felt it definitely deters the spread of disease. Following the discussion Council approved continuation of the shade tree program, the single bid process, and the job description as presented. NO ACTION TAKEN ON LIBRARY COMPROMISE RESOLUTION Baldwin explained the proposed resolution is no longer necessary as a compromise has been reached. PART TIME EMPLOYEE POLICY APPROVED Council reviewed the proposed policy on benefits for part time employees and after making a few changes approved the policy. TUITION REIMBURSEMENT POLICY TO BE DISCUSSED FURTHER AT 1/13/88 MEETING Council discussed the proposed policy at length, made several recommendations, and requested the matter be placed on the January 13, 1988 for further discussion. MINUTES DECEMBER 9, 1987 PAGE 3 UNIVERSITY REQUEST FOR SEWER CREDIT NOTED Wiessner explained this item was for Council information only. The matter will be presented for discussion in January after additional documentation is obtained. KIRSTEN ECKBERG, 1549 W. HOYT, APPOINTED TO PARKS AND RECREATION COMMISSION Ciernia moved the appointment of Kirsten Eckberg to the Parks and Recreation Commission to complete the term vacated by Keith Moderson, such term to end December 31, 1989. Motion carried unanimously. JENSEN, HICKEN, GIDDE AND SOUCIE NAMID CITY ATTORNEY Baldwin explained that thirteen firms had submitted proposals for the City Attorney position and reviewed the procedure that was implemented to screen the applicants. Council interviewed the four finalists at a workshop on December 1st and were to be prepared to make a decision at the present meeting. Wallin, Ciernia, Chenoweth and Baldwin, presented their opinions on their top two choices, after which they agreed to hire Jensen, Hicken, Gedde and Soucie as the City's legal firm for both civil and criminal matters. Hard abstained from the discussion and decision. ADJOURNMENT Chenoweth moved adjournment at 10:10 P.M Tom Baldwin, Mayor ATTEST: ~~ J t R. Wiessner, Clerk Administrator i~ ~3'~~ i~ i~ CONSENT AGENDA - LICENSES December 9, 1987 Mechanical Contractors * Alan Mechanical, Inc. 4E543 6020 Culligan Way Minnetonka, MN 55345 General Contractors * Atop Roofing Company 41319 1613 Birch Street Hugo, MN 55038 * Grogan Construction Co. 441317 1946 Dayton Avenue St. Paul, MN 55104 Corporate * Grocer's Choice 441315 1718 North Fry Falcon Heights, MN 55113 * MSP Veterinary Pathology 441316 1583 North Hamline Avenue Falcon Heights, MN 55113 Amusement (Corporate) * American Amusement Arcades 441318 850 Decatur Avenue North (machine at Ciatti's Italian Restaurant) Golden Valley, MN 55427 Christmas Tree Sales University Forestry Club 1350 North Cleveland St. Paul, MN 55108 4E1320 * New Licenses