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HomeMy WebLinkAboutCC MINUTES 10261976CITY OF ST. ANTHONY COUNCIL MINUTES October 26, 1976 All members of the Council and the Manager, Administrative Assistant and City Attorney were present at 7:00 P.M. to hold the conversation regarding the City administration which had been requested by Mr. James wiehoff. Mr. Wiehoff failed to appear however and the regular Council meeting was convened by the Mayor at 7:34 P.M. Present for roll call: Sundland, Haik, Miedtke, Stauffer and Sa.uer Also present: Jerry Dulgar, City Manager Larry Vickrey, City Attorney Jim Fornell, Administrative Assistant J. E. Beardon, City Engineer The following corrections were made to the minutes for the October 5, 1976 Council meeting: Page 5, Paragraph 7: Correct spelling of "Anderson" Page 5, Paragraph 9: Substitute "getting an opinion" for "getting an option" Page 7, Paragraph 3: Insert "restaurant" to describe the license which is to be trans- ferred to Mr. Wong. Motion by Councilman Stauffer and seconded by Councilman Sauer to approve the minutes for the October 5th Council meeting as corrected. Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Haik to approve the minutes for the October 12th meeting of the Council. Motion carried unanimously. No one was present to discuss the Planning Board minutes of October 19, 1976 and since they required no specific action by the Council, they were filed. The recommendations, of the City Manager, that license fees be set at $7.50 for each amusement device, $25.00 for an amusement center and that such a center would be comprised of 10 such devices which would then require a full time attendant were incorporated into the ordinance regulating amusement devices. The Attorney 'then gave the first reading of the ordinance with these inclusions. Motion by 'Councilman Haik and seconded by Councilman Sundland to in- dicate approval of the first reading of Ordinance 1976-014 and to request that copies of the ordinance be sent to all parties who might be affected by the revisions including C. G. Rein, the St. Anthony Bowling Alley, Bowl -O -Mat at Apache and the Merchants Association for both shopping centers in the City. ORDINANCE # 1976 - 014 AN ORDINANCE REGULATING AMUSEMHOT DEVICES; AMENDING CHAPTER IV (Section 400) OF THE 1973 CODE OF ORDINANCES BY ADDING SECTION 450 THERETO Motion carried unanimously. Motion by Councilman Sauer and seconded by Councilman Stauffer to adopt a resolution by which the City will join the Hennepin Emergency Communication Organization. RESOLUTION 76 - 048 A RESOLUTION AUTHORIZING EXECUTION OF HECO AGREEMENT AND NAIING DIRECTOR AND ALTERNATE DIRECTOR TO USER BOARD Motion carried unanimously. Mr. Dulgar had indicated the range of license fees he felt would be necessary to charge for Bingo games if the City were to recover the costs of administering such license in compliance with regulations set by the State Legislature. It was agreed that such license fees should be set at $200.00 which the Attorney said the City had the prerogative of waiving in special instances where such games are only an occasional event. tor. Vickrey said the ordinance was the same as the adopted by the State with the exception of restriction on trans- fers of the licenses and the requirement that the operations be approved by the Fire and. Police Departments. The American Legion Club is the only organization in the City at present which holds such games on a regular basis and would therefore be affected by the ordinance. Motion by Councilman Sauer and seconded by Councilman Stauffer to indicate approval of the 2nd reading of the ordinance regulating Bingo games with the request that the Legion officials be supplied a copy of the ordinance for their comments. ORDINANCE # 1976 - 013 AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF BINGO; PROVIDING A PENALTY FOR VIOLATION; MENDING CHAPTER IV OF' THE 1973 CODE OF ORDINANCES BY ADDING SECTION 445 THERETO (2) Motion carried unanimously. Since the Manager and the liquor store management had indicated they would not recommend spending $15,000 or more to expand the City's existing liquor lounge at Apache the following motion was made: Motion by Councilman Sundland and seconded by councilman Stauffer to advise C. G. Rein that the City is not interested in using the space now available in the Apache Plaza Shopping Center for expansion pur- poses. Motion carried unanimously. The Council directed that the Budget agreed upon October 5th could be printed with the understanding that revisions could be made by resolution if desired at a later date. The Playor then indicated he felt the budget should be increased by the amount necessary to continuF the good relations between the Police Department and juveniles which had been established by Donald Hickerson who was promoted to Assistant Police Chief, he also moved that a detective for juvenile and inves- tigative work be added to the Police Department. Funding for such an addition to the force to be raised by adding the cost of street lighting to the sewer -water bills. His motion died for lack, of a second. Councilmen Stauffer and Haik said that in spite of the apparent value of the Mayor's motion, they were hesitant to undertake this additional expense this year and Councilman Haik said it was her hope that the promotion of Hickerson will result in better relationships with the juveniles. Councilman Sundland was concerned with establishing the longevity of such a position and didn't want to get locked into a full time position being created which would probably cost $15,000 or more annually. Mr. Fornell then suggested several sources of grants which might be available to the City for funding such a program. Motion by Councilman Sauer and seconded by Councilman Stauffer to re- quest further investigation by the City staff of possible federal or other funding for the position of a juvenile investigative officer. Motion carried. unanimously. Councilman Sauer presented the recommendations for the transfer of the Community Services to the school district as had resulted from conferences of the City Manager, Superintendent Renz, Beard klember Cartwright and himself. These dealt with the establishing respon- sibility for maintenance, utility and equipment costs and scheduling of programs as well as a method of eliminating a $6,500 deficit in Community Services funds. Discussion of the transfer is the purpose (3) of the joint meeting of the Council and the School Board to be held in the Council Board Room of the Civic Center at 8:00 P.M. October 28, 1976. Motion by Councilman Haik and seconded by Councilman Sauer to approve the Encroachment Agreement between the City and Airs. Carol King re- garding property near the Mirror Lake holding pond suLjec•i= to con- firmation of the property ownership and a title search by City staff. Motion carried unanimously. The City Engineer presented the Dunkley Company's request for an ex- tension of 20 calendar days to their contract for rebuilding 29th Avenue N.E. Citing as reasons for the delay the refusal of Hennepin County to allow Silver Lake Road to be closed during construction, replacement of storm sewers East of Silver Lake Raod as�per Change Order #1 and the necessity of more extensive saw cuttings on 20 more driveways than had been anticipated in the plans. Phil Johnson, a Dunkley representative, said he was sure that all other provisions of the contract would be net within that time with the final three quarter inch wearing course to be applied next Spring. The City Attorney cautioned the Council that by granting such an ex- tension they might be giving away the liquidated damages provided for in the contract and he and the City Manager suggested the Council in- stead table action on them enforcing the liquidated damages. Motion by Councilman Stauffer and seconded by Mayor Aiiedtke to table action on the request from the Dunkley Company for an extension of their contract on Street Improvement Project #1976-1. Motion carried. unanimously. Mr. Dulgar then commented on the necessity of taking measures to insure the nodes will not be damaged by snow plows this winter. Councilman Stauffer said that added professional duties had prompted the resignation of James Stephens from the Human Relations Committee and the Council discussed what directions they should give the com- mittee regarding projects which might be undertaken this year. Motion by Councilman Stauffer and seconded by Councilman Sundland to reluctantly accept the resignation of James Stephens from the Human Relations Committee and to direct that Certificate of Appreciation be sent to Air. Stephens for his service on the Committee. fiction carried unanimously. Motion by Councilman Sundland and seconded by Councilman Stauffer to direct the Human Relations Committee to review and make thc• necessary recommendations to the Council for an affirmative action program for the City. (4.) Motion carried unanimously. Councilman Stauffer questioned the specific naming of persons who are recipients of home nursing care provided by :North Memorial Medical Center and Mr. Vickrey agreed that this might be an inirir,gement on the privacy of such persons. Councilman Sundland was absent from 8;55 to 8:57 P.M. Information provided by the Manager regarding the City's liquor ad- vertising program was filed. The October 8th letter in which the Hennepin County Historical Society agrees to identify the St. Anthony Township Cemetary as a historical site but advises it is not the society's policy to provide the markers for such identification resulted in the following motion: Motion by Councilman Haik and seconded by Councilman Stauffer to .in- dicate to Mrs. Florence Marks and her Girl Scout Troop the City's interest in cooperating in their Plans for a plaque which will point up the historical importance of the St. Anthony Cemetary, but suggests the troop might also investigate the interest other service organi- zations in the community might have in participating in the project and report back their progress to the Council. Motion carried unanimously. The Mayor announced establishing a precedent of having a 15 minute coffee break during Council meetings which will enable the Council to converse informally with others in attendance and recessed the meeting from 9:00 to 9:15 P<Ij?. Information on the U. S. Conference of Mayors on housing was filed. Jack Lawrance of Signcrafters, Inc., requested permission to address the Council regarding Pizza Hut's request for a variance to the sign ordinance to allow a free standing sign to be substituted fox the ex- isting signage on their building at 3801 Stinson Boulevard. The Planning Board had recommended denial of the reau.est at their Septembe, 21st meeting. The sign company representative showed the Council a color photo of the proposed 5 x 6 foot sign which he said, with wood base, would be 9 feet high from top to existing grade level. He said the new manage- ment of the restaurant chain felt a change in signage was necessary for effective identification of the restaurant from 37th Avenue N.F. fir. Lawrance pointed out the popularity of fast food restaurants, their provision of a meeting place for juveniles and the number of youths for whom they provide employment. There was a comparison of the Poppin Fresh Restaurant signage a blow (5) away with some confusion about whether that sign had been grandfather- ed in before the existing sign ordinance was written. Council mem- bers were reluctant to grant a variance until they have for reference the guidelines for free standing signs which the Planning Board is now working on. Motion by Councilman Stauffer and seconded. by Mayor Miedtke to table action on the Pizza Hut request for a variance to the sign ordinance for the proposed free standing sign until such time as directives regarding such signage is received from the Planning Board. Voting on the Motion: Aye: Haik, Miedtke, Stauffer and Sundland Nay: Sauer Motion carried. Motion by Councilman Sundland and seconded by Councilman Haik to ap- prove Resolution 76-049 as requested by the Office of Land Commissions RESOLUTION 76 - 049 A RESOLUTION APPROVING THE CLASSIFICATION AND SALE BY RAMSEY COUNTY OF THE TAX FORFEITED PROPERTY ON THE N.W. CORNER OF 37TH AVENUE N.E. AND CHANDLER DRIVE Motion carried unanimously. The Statement of Assurances which the Manager had submitted to the Office of Revenue Sharing was filed. The Council considered information supplied by Jack Anderson Associ- ates which will be used to expedite the City's application for Phase II of traffic sign improvement program and. the October 19th recom- mendations from the Public Works Superintendent for installation of the signage suggested by the traffic engineering consultants. Councilman Sauer was concerned that the installation of the 15 ad- ditional signs recommended by Mr. Hamer might result in an increase in pollution and gas loss and he was especially opposed to signs being placed on or at the foot of hills. Motion by Councilman Sundland and seconded by tlayor Miedtke to direct that the first 13 traffic signs be installed as recommended by the Superintendent of Public Works in his October 19th memorandum. Before voting on the motion Councilman Sauer moved that these signs be "yield" rather than "stop" signs but his motion died for lack of a second. (6) Voting on the motion; Aye: Sundland, Haik, fiiedtke and Stauffer Nay: Sauer Motion carried. Motion by Councilman Sauer and seconded by Councilman Stauffer that the two signs for both southbound and northbound Belden Drive be stricken from the above motion because of the elevation of that particular roadway. Voting on the motion to strike: Aye: Sauer and Stauffer Nay: Haik, Miedtke and. Sundland fiction not carried. Motion by Councilman Sundland and table action on the 8 additional for further recommendations from sultation with Mr. Hamer and the of those signs. Motion carried unanimously. seconded by Councilman Haik to signs listed in the Hamer memorandu;a the City Manager following his con - Police Department on the placement Mr. Hamer°s recommendation for either closing the City's recycling center or modifying its hours of operation because of problems with vandalism and lack of supervision experienced by the Public Works Department with the center were discussed with the Council feeling the organizations who are now servicing the center should be given an opportunity to offer some solution to these problems before clos- ing the center. Motion by Councilman Stauffer and seconded by concilman Haik to direc- that the information regarding the problems with the recycling center be forwarded to the supporting organizations of the center informing them of the possibility of its closure and seeking from them an in- dication that they do not feel this action should be taken as well as their suggestions of ways of better controlling the program if it is to be continued. Motion carried unanimously. Mr. Fornell explained why his recommendations of October 13, 1975 were that the sewer rates be revised to prevent a deficit in the fund in the next few years. He felt such a deficit would occur because of increased sewage treatment charges from the Metropolitan Waste (7) Control Commission. The Council favored taking steps to obtain accurate sewage figures upon which a protest could be lodged with the commission but acknowledged this action would probably not pre- vent a deficit in the City's sewer fund in the near future. Por. Fornell was to take random samplings of individual water usage and provide other supporting data on which the Council could determine what changes should be made in the sewer rate structure. motion by Councilman Sauer and seconded by Councilman Haik to table action on revising the City's sewer rates for further information from staff. Motion carried unanimously. Por. Fornell°s listing of projects and amounts of funding for each which will be received from the Community Development Plock Grant Program was presented with the suggestion that the Council designate committees or persons who will be responsible for the use of the fund Motion by Councilman Stauffer and seconded by Councilman Sauer to request the following make recommendations before January 25, 1977 as to the use of funds which are available from the Block Grant Program: 1. The Planning Board regarding planning for conmercial areas. 2. Staff be responsible for the housing rehabilitation sur- vey. 3. Golden Heirs to be contacted for recommendations re- garding the senior citizens center January 25th. 4. The Community Services Advisory Committee make recom- mendations regarding the lavatories and drinking fountains with consultation with garden organizations on the funds remaining to be used for beautification including tree planting. Motion carried unanimously. The August Police Report was filed. Councilman Stauffer reported on the annual moc{lny of Lhe AINA. Motion by Councilman Stauffer and seconded. by Councilman Haik to grant all licenses listed in tho oulohFr 26, 1976 Agenda. Lotion -�=>-iad unanimously, (8) Motion by Councilman Sauer and seconded by Councilman Stauffer to approve payment of all Verified Claims listed in the October 26, 1.976 Agenda. Motion carried unanimously.. Before approving the statements of accounts from Comstock and Davis for engineering services on the reconstruction of 29th Avenue N.E., the discussion of increased costs resulting from more extensive work done on 20 driveways was continued as well as note made of the max- imum supervision of this project. Motion by Councilman Sauer and seconded by Councilman Sundland to approve payments of $3,806.87 and $3,902.90 to Comstock & Davis for engineering services on Street Improvement Project 1976-1. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Haik to approve final payment of $3,800 to Action Courts, Inc. for the re- surfacing of the tennis courts. Motion carried unanimously. Motion by Councilman Sundland and seconded by Councilman Haik to adjourn the meeting at 11:00 P.M. Motion carried unanimously. T_ayor ATTEST: J��S "4024,1 Clerk (9)