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HomeMy WebLinkAboutCC MINUTES 06241980 i .1 Meeting Sheet • z r 102122 • ,1 l { Box• 21 1 Folder: CC MINUTES AND AGENDAS 1980 Document•: CC MINUTES 06241980 CITY OF ST. ANTHONY COUNCIL MINUTES June 241 1980 The meeting was called to order by Mayor Haik at -7 :30 P.M. Present for roll call: Letourneau, Ranal-lo,. Sundland, Haik and Marks. Also present: Jim Fornell, City Manager; William Soth, City Attorney; Ron Berg, Administrative Assistant; Carol Johnson, Clerk/Treasurer; and Larry Hamer, Director of Public Works. The fourth provision for acceptance of the Chemical Abuse Counselor/ Coordinator on Page 3 of the minutes for the Council ' s July 10th meeting was rewritten for clarification as follows : "The T.A.H.C. program and Counselor/Coordinator position be evaluated at least once a year as to their ability to reach established objectives. " Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve as revised the minutes for the Council meeting held July 10, 1980. Motion carried unanimously. Motion by Mayor Haik and seconded by Councilman Sundland to approve as submitted .the minutes for the meetings of the Cable T.V. Advisory Committee held June 2nd andJune`19th. Motion carried unanimously. Tom Creighton of -the LeFevere, Lefler, Pearson, O'Brien and Drews law firm who has been retained by the Roseville Communications Cable Committee to draft the joint powers agreement for the ten cities in the Roseville CST area was present to respond to concerns raised at their June 19th meeting by the City' s Advisory Committee regarding ` the joint powers agreement. Alan Kaeding, Chairman, addressed these,_ concerns as they had been documented in the Committee' s minutes. Specific questions regarding the City's ability to recoup their expenses if they later decide not to stay in the Roseville consortium were answered by Mr. Creighton as well as Mr. . Soth' s concern that, per- centage of vote should be established in the agreement rather than in the by-laws.. Mr. Creighton pointed out the difficulty with changing the agreement itself since it has already been. accepted by two of the municipalities, but said he believed Roseville, as indicated by two of its representatives, would be very amendable to including a 2/3 vote in the by-laws. Any litigation costs in the event of a lawsuit, would be proportional. The Committee attorney also told r. 4, -2- Mr. Soth 2- Mr.. Soth that the City has the right to withdraw on an annual basis similar to that for the Suburban Rate Authority. Motion by Councilman Sundland_ and 'seconded .by Councilman Ranallo to adopt Resolution 80-042 which authorizes . the City's participation in the North Suburban Cable Commission with the understanding that a 2/3 majority vote in the decision making .will be included in the yet to be proposed by-laws for the Commission. RESOLUTION 80-042 A RESOLUTION AUTHORIZING PARTICIPATION . IN THE NORTH SUBURBAN CABLE COMMISSION Motion carried unanimously. The request that the Sperry Univac softball team be .allowed to have beer during their intramural softball tournament to .be. held in Central Park July 12th was presented by John Piper, 28.04 - 33rd, Avenue N.E. Councilman Marks objected to the issuance. of the license fearing the request. "may encourage others to drink beer in the City parks without permission".. . The problems experienced by the City of St. Paul when they attempted to prohibit similar activities by ordinance and Minneapolis' problems near the lakes right now led Mayor Haik to favor setting restrictions in the permits instead. She responded to further questions from Councilman Marks by telling him that it has been the practice of the City to only withhold permission for. this type of activity where negative experience with the applicants had been demonstrated. Mr. Fornell reported the only problems the City has had to date have been with the regular league players which have been effectively dealt with by the Community Services Department. He did not expect the same problems to arise with a .family-oriented activity such as this one and also pointed out that Mr-. .Piper, is a member of the City' s fire reserves. Councilman Sundland. added .the group would probably take measures not to have negative reports made to their employers. Mr. Piper then. acknowledged, a willingness to comply with the restrictions cited in the application.,. including the pro- vision for cleaning up the area and using only plastic containers for the beer. Motion by Mayor Haik and seconded by Councilman Sundland to grant the request from, the Sperry Univac Softball Team :to have beer during their, tournament in Central Park from 2 : 00 P.M. to 7 :00 P.M. , July 12 , 1980 . Motion carried unanimously. Approximately 25 area residents were present for the- public hearing, which was opened by the Mayor at 8 :15 P.M. , on the Ad Hoc Committee recommendation forbeautification and maintenance of the City-owned easement around the holding pond known , as Mirror Lake. r -3- Larry Hamer presented the June 6th recommendations which Karen Karkula, Committee member, said were reached through compromise. The notice of the hearing from Jim Fornell which was sent to residents in the area of the pond, was read. Opposing the planned improvements was Les Broich-, caretaker- of Lake- hill Apartments, 3804 Highcrest Road, who objected to the benches and the anticipated .increase in foot and .bicycle traffic and, particularly, to the plantings which he was certain: would cut..off the view of the pond from his apartment complex. Also opposing the improvements were Carmen Dobrzynski, 3529 - 37th Avenue N.E . and Hilly Getman, 3523 - 37th Avenue N.E. , both of Fosston Townhouse. Corporation. They stated that the person representing their- complex: had not con- tacted all 19 of the homeowners at Fosston .and therefore did- not rightfully represent them. Ms. . Dobrzynski. wanted all accesses to the pond, except that at the St. Anthony Millwork. -fenced off to keep marijuana smoking- youths out and the area left in its natural state. She disputed calling the pond a lake, saying "it' s no-more than a runoff" . She saw the project as nothing more than .a waste of City, State and Federal monies, insisting -"if the bridge is put in, it will lead walkers and bicyclists right over the backyards of New Brighton homeowners" . Ms. Getman said she doesn't go to Mirror Lake .herself but has heard from residents of other areas which ..border city parks that "making any improvements will just encourage every undesirable to go down there" . She added, however, that 'Ithe . letter from Mr. Fornell had been the best information we have ever received from the City" . Mr. Broich agreed that "though the pathway might be on City land, there are very few accesses to it that don't approach the pond over private property" . He insisted "you don't need people to make .- wildlife better" . He wanted no plantings and only the lake cleaned up. Councilman Sundland said he could support substituting seeding for the existing woodchips and maintenance of the City-owned pathway but could not support the benches and was skeptical of shrub and tree plantings. Dr. Leo. Zaworski, . of the Townhomes of St. Anthony, said the homeowners association of .which he is President, had taken a vote on the beauti- fication proposals at a recent meeting and had indicated. in that vote the townhomes residents' concern that the traffic.- around the pond will be increased and the benches will attract an element of un- desirables. Annette Kezbers of the same complex said she understood the Ad Hoc Committee members had .recognized a threat to residence safety in' their deliberations with the use of the police reserves suggested by the Public Works Director for patrolling the area-. She agreed with Mr. Broich that the "area should be left alone- and only the lake cleaned up" . L ,n -4- . S Karen Karkula..and. Betty Jo Points of. Mirror..Lake- Manor spoke in favor of the recommended improvements.: The former-,* who-had previously opposed -any -improvements of the pathway, said this opposition had resulted in ."absolutely nothing .being done by the City down there at all" . "Basically, all the Committee would like to see now is for the area to be left in its natural- state with possibly only an undefined grass path, preservation of, the nesting areas and a small bridge over- the culvert for safety- in walking" . Ms . Points said she speaks. for 148 homeowners at Mirror Lake Manor and- could have had all 14.8 present for the hearing to support the recommendations . However, she agreed the benches might increase the use of .the area by out- siders- but insisted the .path. "must be made accessible for residents to walk .around the. pond and feed the ducks". She also agreed- the chip. pa_th had -been a bad idea. and should be. replaced with grass. Her concern was that the City had permitted the residents adjoining the path to. put .ug. fences which .made thepath inaccessible to other City residents and insisted "all.-taxpayers should -have access to any City facility" . Another Mirror Lake resident and Committee member', Norbert Verduyn, reported benches were the only amenities suggested for the area which the Committee had left in their recommendations and- disputed Mr. Broich' s contention that they would . attract vandalism, saying "it's pretty hard to vandalize concrete benches" . He thought the residents should have more foresight regarding the wildlife "which will disappear if you .don't provide plantings now" . Committee member, John Madden, 35.01 -- 37th Avenue N.E.., saw the benches as an accommmodation for the elderly in the surrounding apartments, nursing home and other residences which will allow them to sit down and enjoy the natural. beauty of the area. He believed, . if people are to walk on this City-awned ,property, a safe bridge .has. to be provided and suggested it be built so as not to accommodate vehicles. He did not see the improvements suggested- as either attracting nor keeping out undesirables. His own experience of living in Minneapolis, where so many trees had to be destroyed, had led him to see the advantages of planting trees and .shrubs. L . P . Ahles, 3727 Foss Road, a resident .of the Caravelle Apartments , said he had--been a homeowner in St. Anthony for over 20 years, only ..recent-ly moving to the apart- ments, and that he and his wife walk in that area three or four times a week. He was in favor of the proposed improvements as well as the preservation of the wildlife. Councilman Letourneau told those present he had not. voted for the improvements two years ago and- is still not - in favor. of some of the recommendations. He saw the. need for. .cleaning up the lake and keeping the area around the lake maintained. . He does not like the woodchips and thought the problem with the culvert could probably be remedied without building a bridge, perhaps, as some of the residents had suggested, with only a few boards. -5- • Mr. Hamer said the bridge must be constructed in such a manner as to be stable for older walkers since .the City will be held liable for an inferior structure... He also .pointed. out that the pathway around Silver Lake, which the City had provided with-the Salvation Army, has not had a negative effect on that area .which he believes to be "a much more attractive spot than Mirror Lake" . Councilman Marks told- how his experience of . serving on community groups in Southeast Minneapolis led him to understand the difficulty of trying to represent everyone you serve -and- he expressed the Council's appreciation of the long hours and hard ,work given by the Ad Hoc Committee. Councilman Marks stated that he walks all over the com- munity and has seen the need for a .considerable amount of clean up in this area and felt a bridge over the .culvert would be very desirable. He knows the area is regularly patrolled. by the Police Department but constant surveillance is not possible with existing Police Department manpower. The hearing was closed by Mayor Haik at 9 :25 P.M. and she gave her reasons for supporting all the recommendations saying "an urban area has to develop its resources and .more recreational areas have to be provided for an aging population" . She saw it as .the City's respon- sibility to provide recreation .for . a larger area than just those residents whoseproperties are immediately adjacent to the .pond. . She pointed out the similarity with this area and that around Emerald Park, which is bordered by residential backyards, where homeowners take a special interest in supervising the use of the facilities and prevent the incidents of vandalism such as are experienced .in Central Park, which is more isolated. Mr. Hamer . agreed saying .there is always less vandalism where adults are involved in the activities. Motion by Mayor Haik and seconded by Councilman Marks. to follow all the recommendations. of the Ad Hoc Committee on the Beautification and Maintenance of Mirror Lake, except the provision of benches. Voting on the motion: Aye: Haik and Marks. Nay: Letourneau., Ranallo and Sundland. Motion not carried. Motion- by Councilman Ranallo and seconded by_Councilman Sundland to accept the recommendation of the Ad .Hoc Committee as to the mainten- ance level, with an undefined pathway developed by seeding, after. elimination of the woodchips, and the installation of a .safe wood bridge over the culvert which should be built so as not to accommodate vehicles but to eliminate the proposed benches and provide trees or shrubs, on a peition basis only, through the City Manager. Motion carried unanimously. The Mayor thanked .the Committee for its service and recessed the meeting at 9: 30 P.M. When the .meeting resumed at 9 : 40 P.M. , the Council accepted the minutes for the June 8th meeting of the City'.s Advisory Committee to the Health Board., _ concurring: with the Mayor., that. a thorough job was being done. The Mayor also expressed the -Council ' s gratitude for the work by the Planning Commission on the .Comprehensive Plan which was accepted by the Commission at their June 3rd meeting as reported' by William Bowerman. The Planning Commission representative then gave his account of actions taken and recommendations to the Council which were made during the Commission' s regular meeting held June 17th, . as reflected in the minutes of the meeting. Although the Commission had recommended approval of the .vacation of. the southerly portion of Sunset Lane described as on Lot 20 , Block 12 , Moundsview Acres Second Addition, petitioned by Bernard Blanske, they had decided to continue the hearing on the variances necessary for the mini storage project until their July 15th meeting because of uncertainties as to whether all property owners within. 200 feet of the site had been properly_ notified of the first hearing. Mr. Berg confirmed that in hi.s. conversation ,.with the City Attorney it was established that since they each own a portion of the common area. of Mirror Lake Manor which lies within 200. feet of . the Blanske site, all 148 property owners of condominiums at Mirror Lake as well as the Townhomes of St. Anthony, who have a- similar common area ownership, should be notified of the continuation of- the hearing since a portion of their common area is within the 200 feet. Councilman Marks raised the question. of whether a :substandard ,road might result from the vacation of a portion of Sunset Lane, but- he was told a 33 foot roadway will be constructed by Mr,. Blanske, to meet City specifications, which will replace the existing gravel throughway used primarily by the City for servicing- Mirror- Lake. The 'survey provided by Mr. Blanske, of the roadway, indicates there will be no -utility lines in the vacated portion. The Council will act on the vacation recommendation when they receive the Commission' s recommendations on the variances in July. Mr. Fornell. said American Monarch. is hauling in dirt, for its land- scaping and staff is looking at the ,site plans for the bank' s park- ing lot across Lowry Avenue N.E. to ascertain whetherthey have complied with the landscaping agreed to when the variance .was approved. Questions about both. had been raised by the Commission and reported by Mr. Bowerman who concluded his report by relaying the Commission' s • request that they be allowed to consider any new signage proposals for the Country Store. -7- Consideration of the M and M Corporation development in Roseville was accepted as an agenda addendum under 10D. Motion by Councilman Marks and seconded by Councilman-Ranallo to adopt the resolution . which calls for a public hearing on,.the Industrial. Redevelop- ment Revenue. Bonds for Apache. Plaza. to be held before the Council on July 22nd. RESOLUTION 80-039 A RESOLUTION RELATING TO A. PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON Motion carried unanimously. Mr. Soth reported he has reviewed the proposed City policy on issuance of Industrial Development Revenue Bonds and sees no problem with the document as presented but suggested No. 4 , specifying a maximum for the bonds, might not be necessary since there will be no liability to the City through the bonding. Motion by Mayor Haik and seconded by Councilman Ranallo to adopt Resolution 80-040 after striking No. 4 of the listed criteria and • revising No. 5 to reflect the City' s ability to add other uses for public purposes. RESOLUTION 80-040 A RESOLUTION REGARDING CITY POLICY.' ON THE .ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS Motion carried unanimously. Mayor Haik announced that because a broader view. than can be offered by T.A.R.S. will be needed from a community development consultant, that firm has been eliminated from those to be considered to provide that service for the City. It was also agreed that of the two planners remaining, BRW, Inc. appealed the most to the Council as long as Peter Jarvis will head the study. Mr. Jarvis had indicated this would be the case as long as the scope of the renovation involves more than just I remodeli ng the existing St. Anthony Shopping Center . The resolution, setting down the City' s plans for establishing a program for redevelopment and revitalization efforts, as proposed by Mr. Fornell, was revised so. as to permit the application for 1981 HUD 701 grants from which a portion of the planning expenses might be paid. Changes included: • (1) Addition of a first paragraph reading "Whereas, the City has completed the comprehensive study of resources and goals for the City" . -8- (2) Paragraph. 3 be amended to-. indicate .it will be "planning consultant firms" rather than a specific firm who will serve as consultants. (3) . The marketing/economic feasibility analysis will be made first by a marketing' analys_t of the "triangular section of commercial and residential properties .(including the City- owned property) which is .bounded by.. Kenzie Terrace, its. extension along- Lowry Avenue N.E.- and Highway 88, with the analyst to be made aware of the-.probability of the senior housing . being developed across. Kenzie _Terrace from,--the St. Anthony Shopping Center. (4) The two. community development planners (BRW-, Inc. .and West- wood Inc. be invited to make proposals .for completing tasks 2 through 9 after the marketing/economic study is completed. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt Resolution 80-041 as revised. RESOLUTION , 801-.041 A RESOLUTION REGARDING .REDEVELOPMENT/REVITALIZATION EFFORTS • Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt Resolution 80-043. RESOLUTION 80-043 A RESOLUTION AUTHORIZING THE MAYOR AND- THE CITY ND.THE .CITY MANAGER TO EXECUTE THE FIRST AMENDMENT. TO THE' JOINT AND COOPERATIVE AGREEMENT OF THE SUBURBAN. POLICE RECRUIT- MENT SYSTEM Motion carried unanimously. Ar.chie. Fjeld. and Don Risk -of the Northeast Minneapolis/St. Anthony Senior Housing Corporation had returned to the Council to discuss progressbeing made regarding the senior housing proposed for the City and to discuss their June 12th request that the proposed site , be declared a " (re"development district" so the land-.can't be sold before legal problems relating to Section 202 financing of the project are resolved. Mr. Soth responded to the questions-. raised by the City Manager June 17th letter by discussing -the differences in under- taking the development under Chapter 472A (Municipal Development • Districts) or 462 (H.R.A. ) . He could not see the advantage of establishing. a district at. this time saying the determination of what properties will be included as well as decisions which can only be made after the .comprehensive analysis of the commercial and residential tract which they had just ordered have been completed, will be major factors in the decision. Mr. Fjeld and Mr: Risk .agreed totabling their request forthese determinations with Mr. Risk saying the seniorfederation can always return to the 'Council if _ a time .frame for, action: should demand a quicker response. However,' he promised to give the Council ample time for full consideration, if this should be the case. Mr. Soth stated he will contact the -State Human. Relations Commission - for brochures on the procedures and penalties involvedin familial status discrimination..in housing. grievances but he advised any grievances filed against the City should be. referred to the Commission. Staff was requested to ascertain whether the City' s Human Relations Committee is still willing toserve on .a needs basis. Communication with New- Brighton regarding the extension of Silver Lane to 16th Avenue N.W. were accepted as informational. Work sessions for .Council-staff review of .the budget were tentatively set for September 2 , 16 , 18 and October 7 . Richard Moore of Short-Elliott-Hendrickson,- Inc was present to report the storm drainage problems which he anticipates from the recently approved M and ,M Development Co. project -just off Anthony Lane in Roseville. The Rice Creek Watershed District has apparently approved the drainage of the existing pond .considering only three acres where sixteen should have been addressed. Mr.. Soth urged immediate notifi- cation of the problem -to the Watershed District as .well as Roseville and the developer, and the letter written by Mr. Moore for the City will be hand delivered. Motion by Mayor Haik and . seconded by Councilman Sundland to authorize staff to work with Roseville to develop a Joint Powers Agreement for the proposedstorm sewer system .north of County Road C near the St. Anthony border, subject to the determination of, the validity of the Rice Creek Watershed District permit for the Mand M Development Corporation site and to authorize an engineering:.proposal for a feasibility study from Short-Elliott-Hendrickson,- Inc. for the sewer system. Motion carried unanimously. The May report from-_the Fire Department,= the April. report from the Police Department and the sixth.,:month. investment.. report fromthe Clerk/ Treasurer were. accepted. and, ordered filed. ' • Y _10- Motion by Councilman Sundland and seconded by Councilman Ranallo to grant .all, licenses listed in the June 24,. 1980 agenda. Motion .carried. unanimously. Motion by Councilman Ranallo and seconded by Councilman Sundland to approve payment of. all verified- claims listed in the June 24 , 1980 agenda. Motion carried unanimously. Motion by Councilman Marks and seconded by_ Councilman Ranallo to approve payment- of $54`0` to Labor Relations Associates, Inc. for - services. rendered during the firefighter arbitration in May. Motion carried unanimously. Motion by Councilman Ranallo and seconded by- Councilman Letourneau to adjourn the meeting at 11:45 P.M. Motion carried unanimously. i Respectfully submitted, Helen Crowe old&I Mayor ATTEST: , City Clerk •