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HomeMy WebLinkAboutCC MINUTES 04101984 Meeting Sheet IIIIII VIII VIII VIII VIII 11111 1111 IIII 101900 BOX: TZ Folder: CC MINUTES AND AGENDAS 1984 Document: CC MINUTES 04101984 �J 7 1 • CITY OF ST. ANTHONY COUNCIL MINUTES April 10 , 1984 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call: Marks , Ranallo, Sundland, Enrooth, and Makowske.. Also present: David Childs , City Manager; William Soth, City Attorney; Larry Hamer, Public Works Director; and Representatives of the Police Department, Chief Don Hickerson and Captain Jack Thoemke. Motion by Councilman Makowske and seconded by Councilman Marks to approve as submitted the minutes of the Council meeting held March 27, 1984 . Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Enrooth to grant the following licenses listed in the April 10th Council agenda, with the exception of the temporary beer permit which had been tabled for further information at the March 27th meeting: • Contractors Licenses Mark A. Sass; R. J. Peterson & Sons; Burr Oak Builders, Inc. ; Northland Services , Inc. ; Kraus-Anderson. Service Station Mico Oils Co. , Inc. , 2400-37th Avenue N.E. ; Don's Apache Auto Wash, 3725 Stinson Boulevard; J & S Auto Service, dba Apache Mobil, 4000 Silver Lake Road; Sroga' s Union 76 , 2700 Kenzie Terrace. Heating Licenses Noel' s Heating and Air Conditioning, Inc. Cigarette Licenses Woodside Enterprises for Bakers Square, 3701 Stinson Boulevard. Motion carried unanimously. Councilman Makowske moved that the application for a temporary beer permit from Casey Scott for the June 9th softball tourneament be taken from the table. She then indicated that, because she perceived it might be unfair to change a Council practice "in midstream" , she would approve this application, but reserved the privilege of making changes in the Ordinance which established these permits. Councilman Marks requested the consideration of modifying Section 220 , • Parks , of the City Ordinance be placed on a future agenda. Councilman Ranallo indicated he perceived there might be a .need for revamping many of the City ordinances but he was opposed to "picking andchoosing" ordinances to be rewritten and suggested that Council- man Makowske look at all the ordinances and recommend a general revamping of any she considers need changing. Councilman Marks responded that it was not unusual for the Council to rewrite ordinances , citing as an example the water and sewer rate ordinances which are up for their second reading that evening. Voting on the motion made March--;2.7th bye Councilman Enrooth. and seconded by the=Mayor to grant a . temporar-y- �3 .2 beer permit for- parks to Casey Scott, 2613 - 27th Avenue N.-E. , which would permit the consumption, but not sale of beer, during the softball tournament to be held in Central Park from 7:00 A.M. to 9 : 00 P.M. , June 9 , 1984: Aye : Enrooth, Sundland, Ranallo, and Makowske. Nay: Marks . Motion carried. Motion by Councilman Marks and seconded by Councilman Makowske to approve payment of all verified claims listed for March 31st and • April 10 , 1984 . Motion carried unanimously. Two members of the Planning Commission, Chair Zawislak and Commissioner Hansen, were present and the Chair reported actions taken and recom- mendations to the Council made during the Commission' s special meeting, April 3rd, as reflected in the minutes of that meeting. Chair Zawislak indicated the Commission members had recognized the importance of- not jeopardizing the City 's application for 202 funding for the senior rental project for which they were. requested to give Detail Plan approval for the Kenzie Terrace Project P.U.D. , but he said, they were also very anxious to recommend the H.R.A. get a firm. commitment from the sponsoring agency that they would provide the amenities for the proposed building, above and beyond the bareboned structure H.U.D. would be likely to approve , in order that the final building would be compatible with the rest of the redevelopment project and the standards established for the community . Because this discussion promised to be a long one, the Council agreed to move the consideration of the request for the expansion of the Good Luck Cafe up on the agenda. Representing the cafe were the spokesman for the cafe ' s manager, kin On K,wong, and Bill McPherson, 3220 Silver Lake Road, previous owner of the restaurant at 2700 Coolidge Steet N.E. , formerly called The Three Circles . -3- The manager' s representative had indicated on the slip he filled out • to speak that "I would like to postpone the public hearing, so I can change the plan and talk to the neighbors" , and he told the Council that there had been no such discussion, since none of the neighbors had attended the meeting at the cafe they had been invited to attend February 19th. Chair Zawislak reported no one from the cafe had attended the April 3rd Commission meeting, but two neighbors who spoke in opposition to the expansion were in attendance , as reported in the .minutes, and City staff had received one letter and two phone calls expressing. neighbor concern about the proposal.. Councilman Enrooth noted this would be the second time the applicant had asked to rework his proposal but the precedent for deferring action had been set with the Elmwood Lutheran Church proposal which was finally negotiated to the satisfaction of both *the church and the neighbors . The Manager affirmed that he would again notify all affected. property owners when another plan is to be presented to the Planning Commission. Motion by Councilman Marks and seconded by Councilman Enrooth to defer final action on expansion plans for the Good Luck Cafe until such time as Planning Commission presents their recommendations on a proposal which the cafe manager has negotiated with the neighbors . , Motion carried unanimously. • The Council again turned its attention to the 202 senior rental pro- posal which was presented .by the Kenzie Terrace developer and architect, Steve Yurick and Gary Tushie. Mr. Yurick reiterated the reasons given in the Commission minutes for selecting Walker-Methodist Residences and Health Services , Inc. as the non-profit organization which would sponsor the project and introduced Bruce G. Rice , Vice Chairperson of the organization's Board of Trustees who explained how he perceived the St. Anthony project would complement his agency 's continuum of care for the elderly and handicapped in the Twin Cities . Mr. Rice then introduced members of the Walker-Methodist staff who were present, including Larry A. Johnson, Director of Financial Operations; M. Susan Viking, Development Specialist; and Mary -(Muffie) Gabler, Housing Specialist. Ms . Viking repeated several points of background history of the organization which she had related to the Commission and indicated Walker-Methodist was -responsive to the needy elderly of all faiths, creeds , and denominations in a seven county area' and were. hopeful they could provide for similar needs of the seniors- in the St. Anthony community. Ms. Gabler expanded on her Commission presentation by highlighting . the services Walker-Methodist provides for Medicaid clients, including the delivering of Meals-on-Wheels to between 15 and 17 persons in their own homes on a daily basis , Monday through Friday. These are govern- ment and local church funded, she said. The housing specialist indicated she was very excited to see how easily the Walker-Methodist • services could be coordinated with existing senior activities in the City. Ms . Gabler concluded her presentation by telling the Council members Walker-Methodist was very thankful to learn the City would be .allocating a portion of their CDBG funds to aid the sponsors in pro- viding the amenities for the proposed building. -4- Mayor Sundland and Councilman Marks recalled that when they had met • with the H.U.D. official in Washington, D.C. , he seemed to understand that a "cracker box" building would never fit into a community like St. Anthony, to which the housing specialist responded that she knows of brick buildings which are 2.02 funded and, in the long run, she perceives the success of the application would depend on how coopera- tive and dedicated the developer and architect were to provide an acceptable building. Mr. Tushie said the plans which the- Council would be approving for the P.U.D. had been scaled down to receive the most H.U.D. points for acceptance but the developers were just as interested as anyone else to have the final structure respond architecturally with the Kenzington, since anything less would adversely affect their ability to market the remaining units in Phase II and III of the Kenzie Terrace project. The architect told Councilman Makowske the 45 one bedroom rental units would be only 540 square feet to meet H.U.D. criteria, but said it was true that, except for being 300 square feet less than the model of a Kenzington one bedroom unit, the unit appearance and number of rooms in each rental unit remained generally the same with the exception of having less storage space and smaller rooms . Mayor Sundland welcomed Walker-Methodist to the project. Motion by Councilman Ranallo and seconded by Councilman Enrooth to follow the recommendations of the Planning Commission to give P .,U.D. • approval to the Detailed Plan for the 45. unit 202 elderly rental project proposed by Arkell Development and Walker-Methodist Residence and Health Services as presented in the site plans for the project, finding, as did the Planning Commission, that the proposal meets the general requirements of the P.U.D. .and pertinent zoning requirements , agreeing with the Commission conclusion that the minor problems with the provision of a 17 foot setback, where 25 feet are required in the City Zoning Ordinance, are insignificant when compared to the proposal ' s overall conformance to the plan for the Kenzie Terrace Redevelopment Project. The Council also agrees with the Commission finding that there was adequate input from the developer regarding the physical aspects of the building itself; the management of the building after construction; and the financial mechanisms to be utilized; and that citizen concerns and responsible criticism of the project had been competently addressed during the public hearing on the project. Motion carried unanimously. The Mayor noted the Commission had recommended $5 ,000 be allocated for sidewalks from the City' s Year X CDBG funds which would result in a cut back of that much in the $29 , 600 the Council had tentatively approved for the 202 project at their March 27th meeting. However, he said, he understood that, if for some reason, the sidewalk project is not accepted by the County for funding, the $5 ,000 could be reallocated • to the senior project. -5- The Manager said that was his understanding and then reported Max • Saliterman was asking for $25 ,000 in interest to cover the interim between November, when his. purchase agreement for the 202- project land expires, and the date on which the sponsors are able to acquire the property. Since an environmental impact assessment would be necessary before the only option could be purchased with CDBG funds , Mr. Childs suggested the Year VII CDBG funds set aside for that pur- pose be used to purchase the option and pay interest, if required: The Council consensus was that this. .proposal would be acceptable to them and that their March 27th motion should be modified to allocate the Year X funds as recommended by the Commission April 3rd. Chris Clauson, Director of the Northwest Suburban .Youth Service Bureau, was present to request the Bureau's services be extended by a joint powers agreement to the St. Anthony/New Brighton School Dis- trict and to seek the City 's support for the Bureau's application for $7, 814 in grants under the State of Minnesota Energy and Economic Development Justice Grant Program, which would continue the program from October 1st to December 31, 1984 . He explained that the grant year expires in September and the extension is needed to provide funds until the Bureau' s fiscal year-end. Attached to the application was the Problem Statement from the Bureau which addressed the problems . existing in the community which support the need for the St. Anthony Youth Intervention Project which would serve approximately 2 , 769 school age young people , including those • in parochial - schbols, who reside in the school district, for whom, "the statistical data easily indicates a caseload of 100-150 young people , which is sufficient to justify one full time counselor (Ron Taylor) " . Present to support the youth intervention program in the City were Police Chief Hickerson and Captain Thoemke. The former indicated he anticipates the City' s caseload would be increased with the push to encourage children to report incidents of physical and sexual abuse when the school district joins forces with WCCO-TV in PROJECT ABUSE from April 23rd to May 11th, as per the letter sent April 3rd to all parents and guardians of students in the St. Anthony Middleschool, which had been distributed to the Council members. Chief Hickerson told the Council the community already uses the Bureau services and Mr. Childs indicated City . staff perceives the program had offered troubled families an option for handling problems which otherwise would probably have ended up in court. Captain Thoemke told the Council that he perceives it was just for this type of service the City had sent him to the University to get expertise in handling ,juvenile problems . He gave some general statistics of . the number of youths he had directed to the program and told the Mayor the reason the report had not listed referrals from the City Police Department had been because he always encourages the juvenile he is working with to take the initiative of -going to the counselor. • The necessity for confidentiality prevented the police official from specifically identifying the cases which prompt him to see the need for the program in St. Anthony. . Captain Thoemke told Councilman Ranallo no student from a parochial school is ever denied this service. The -6- Bureau counselor, Ron Taylor, arrived at the conclusion of the • presentation and was introduced .to the Council. The Mayor indicated he perceived a cooperative funding of the program might be worked out with the school district. Motion by Councilman Marks and seconded by Councilman Ranallo to authorize the City' s sponsorship of the $7, 814 Minnesota Energy and Economic Development Justice Grant application for funding from October 1st to December 31, 1984 , and to schedule a consideration at budget time whether the City should enter into a Joint Powers Agree- ment with the Northwest Suburban Youth Service Bureau under which the City would provide $6 , 883 to continue the youth intervention service in 1985. Motion carried unanimously. Following a brief discussion of the March liquor operations summary, that report as well a's the March Fire Department report and Mr. Hamer' s report on the City' s skating rinks for the winter of 1983-84 were ordered filed as informational. Regarding the report in the April 5th staff notes that about a dozen applications for the branch chipping program had been made, the Public Works Director said the deadline for these applications would be April 13th and, he estimated, if 20 residents asked for this service, it would take his crews one-halfday for each side of Silver Lake Road to complete the project. The staff report and the letter from • the Hennepin County Agricultural Society related to the County Fair were also filed as informational . In his March 30th letter to Mr. Childs , Mr. Soth had suggested this might be the time when the City should ascertain that no legal steps had been overlooked in handling the water contamination problems and recommended his firm contact John Drawz of the LeFevere law firm to discuss their work on behalf of New Brighton in connection with the same issues in the City. The City Attorney indicated it was his hope the City wouldn' t have to become involved in any legal action but said he wanted to be sure St. Anthony wouldn' t be forfeiting any rights it might have in respect totaking action prior to the expira- tion of any statute of limitation or for any other reason. The Council agreed such action would be prudent and asked Mr. Soth to make an estimation of just what legal costs would be involved. The Planning 'Commission Chairman had remained at the meeting after he had completed the Commission report and when the March 27th report from the Minnesota Municipal Liquor Stores Association came up for dis- cussion, Chairman Zawislak said, as Secretary of the Association and Manager of. the Anoka Liquor operation, he could support their stand against any. legislation which would permit the sale of wine in grocery stores . He said, like the St. Anthony 's Liquor Manager, he had resisted joining the association for years but when he had perceived that after reorganization they had become a more effective voice at the legislature, he had decided to avail Anoka of their services . The Chairman said the organization had hired a full time lobbyist and J -7- he believes the $250 membership fee would be a good investment for • St. Anthony as well as a vehicle for the City to express its opposition to the. type of legislation he understands is being considered which he perceives could adversely affect all liquor operations and might even wipe out the smaller private and municipal operations . He said even the threat of tripled taxes on wine had not deterred the wine industry from pressing for this legislation. I:t was noted that even those against liquor in general would probably oppose this legisla- tion because there would be no way of guaranteeing the supplies would not be available to the young persons who make up the majority of the grocery stores workforce. Motion by Councilman Marks and seconded by Councilman Makowske to adopt the resolution which is to be sent to all the City ' s state legislative representatives asking them to oppose any legislation which would permit the sale of wine in grocery stores, citing the seven arguments against the legislation which were stated in the March 27th MMLSA memorandum. RESOLUTION 84-022 A RESOLUTION OPPOSING ANY AND ALL MINNESOTA STATE LEGISLATION WHICH WOULD PERMIT THE SALE OF WINE IN GROCERY STORES Motion carried unanimously. Councilman Enrooth noted the Federal Alert warning of impending federal legislation which would impose a 30% excise tax on alcoholic beverages . Motion by Councilman Enrooth and .seconded by Councilman Ranallo to request staff to write a letter to the City 's Congressional repre- sentatives , Senators Durenberger and .Boschwitz and Congressmen Sabo:-and Sikorski asking for their support in defeating any legisla- tion which would impose more taxes on liquor. Voting on the motion: Aye: Enrooth, Ranallo, Sundland, and Makowske. Nay : Marks . Motion carried. According to Councilman Marks, Congressman Vento has. indicated his support for the City ' s 202 application and he said he had recently apprised State Representative Rose of the current status of the City ' s water supply problems and the probability that a temporary and potentially a permanent water connection to Roseville would have to be made. 41feasibility Sundland asked that a copy of the Short-Elliott-Hendrickson, Inc. feasibility report on the City ' s water supply be sent to both Rep- resentative Rose and State Senator Dieterich. He reported he had -8- discussed the City ' s Superfund application with Senator Durenburger • and recalled that the -other Minnesota congressional representatives had also been contacted for their support. Motion by Councilman Marks and seconded ,by Councilman Makowske to accept the low bid of $2 ,129 . 39 and. award the contract to the Water Products Company for materials necessary for replacing the sanitary sewer line in the vicinity of 36th Avenue and- Edward Street N.E. , as per the April 2nd memorandum to the Council from the Public Works Director. Motion carried unanimously . The Council also accepted the recommendations for purchasing road materials as listed in another April 2nd memorandum from Mr. Hamer. Motion by Councilman Marks and seconded by Councilman Enrooth to accept the low bids and award the contracts for road materials as follows : Aggregates :. to Barton Sand & Gravel; Oil: to Koch- Asphalt Company; _ Blacktop: Items A. and. B to Midwest Asphalt; Items C and' D to T. A. Schifsky & Sons; Concrete: to Shiely Concrete .Materials Co. • Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Makowske to adopt Resolution 84-020 . RESOLUTION 84a-020 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY REGARDING THE COUNTY ROAD "D" PROJECT Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to adopt the resolution which authorizes the Minnesota Pollution Control Agency to make an application- on the City's behalf for financial assistanceto implement measures for investigation- and remedy of releases orthreatened releases of hazardous substances in its water system. . RESOLUTION 84-021 A RESOLUTION APPROVING THE SUBSTATE AGREEMENT AND. STATE GRANT AGREEMENT BETWEEN THE • MINNESOTA POLLUTION CONTROL AGENCY AND THE CITY OF `ST. -ANTHONY Motion carried unanimously. -9- Motion by Councilman Makowske and seconded by Councilman Enrooth to approve the second reading of the ordinance which establishes new water rates for the City. ORDINANCE 1984001 AN ORDINANCE RELATING TO WATER .RATES; AMENDING SUBDS . 2 AND 3 OF SECTION 550 : 00 .OF THE 1973 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Marks to approve the second reading of the ordinance which establishes new sewer rates for the City. ORDINANCE 1984-002 AN ORDINANCE RELATING TO SEWER RATES AND CHARGES.; AMENDING SECTION 540 OF THE 1973 CODE OF ORDINANCES Motion carried unanimously. Motion by Councilman Ranallo .and seconded by Councilman Enrooth to adjourn the meeting at 9 : 20 P.M. for the Housing and Redevelopment Authority meeting which followed immediately. • Respectfully submitted, Helen Crowe, Secretary Mayor ATTEST: �.- City Clerk • Q