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HomeMy WebLinkAboutCC MINUTES 05271986 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101737 BOX: 21 + Folder: CC MINUTES AND AGENDAS 1986 Document: CC MINUTES 05271986 a CITY OF ST. ANTHONY • COUNCIL MINUTES May 27, 1986 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. Motion by Councilmember Ranallo and seconded by Councilmember Marks to approve the minutes of the Council meeting held May 13, 1986 with the following change: Page 6, para. 4: Substitute "is" for "were doing a wonderful job" in line 8. Motion carried unanimously. Motion by Councilmember Ranallo and seconded by Councilmember Marks to approve the following housing registrations and grant the following licenses, as listed in the May 27, 1986 Council agenda packet: Multiple Housing Registrations Kleinman Realty for 3200 - 3225 Diamond 8 Terrace John H. Krohn for 3817 Macalaster Drive • Ken Solie for the Macalaster Apartments. Heating License All Seasons Comfort, Inc. Contractors License Lakeland Brick and Stone, Fridley King's Brian Construction, Fridley Motion carried unanimously. Motion by Councilmember Ranallo and seconded by Councilmember Enrooth to grant a temporary beer permit to Patricia Fagerlee, 3407 Croft Drive, for the consumption, but not sale, of 3.2 beer at the annual Robertson family picnic to be held in Central Park, June 7, 1986. Voting on the motion: Aye: Ranallo, Enrooth, Sundland, and Makowske. Nay: Marks. Motion carried. Motion by Councilmember Marks and seconded by Mayor Sundland to approve the listing of verified claims for May 27th as presented in the Council agenda packet of the same date. Motion carried unanimously. -2- Motion by Councilmember Enrooth- and seconded by Councilmember Makowske to approve payment of $1 ,825 to the Edward J. Hance firm for services related to prosecutions • from April 3 through May 7, 1986. Motion carried unanimously. Motion by Councilmember Makowske and seconded by Councilmember Marks to approve pay- ment of $506.84 to Briggs & Morgan for legal services during April related to the -City's water contamination suit against-the U.S. Army et al . Motion carried unanimously. Rick Werenicz reported the recommendations from the Planning .Commission as reported in the minutes of their May 20, 1986 meeting. The Council had been provided the same documentation related to these actions as had been provided at that meeting and in each case accepted the Commission's unanimous recommendation of approval as follows: Motion by Councilmember Ranallo and .seconded by Councilmember Marks to grant a con- ditional use permit for the rental of video tapes and equipment to the Apache Country Store at 2508 - 38th Avenue N.E. under the following conditions established for businesses of this type: 1 . -There would be no viewing of: tapes. in the store, except for the bona fide demonstration of tapes and no viewing visible from outside the store; 2. The proprietors must comply with all state laws relating to obscenity and to any ordinance of the City of St. Anthony thereafter relating to obscenity. 3. Conviction of the owner or any of the employees of the owner for violation of obscenity laws in the operation of the store would be grounds for revocation of this permit by the City Council . In granting this permit, the Council , as did the Planning Commission, finds that: 1 . All three ,questions in the application which are required by statute to be answered affirmatively had been done so by the applicant and accepted by the Planning Commission and Council ; 2. Similar permits had been granted to five other St. Anthony businesses prior to this request; and 3. No objections to the permit had been -expressed before or during the May 20th Planning Commission hearing or. Council consideration May 27, 1986. Motion carried unanimously. Jim Peltier, Assistant Manager of the Country Store, was present but did not speak. Motion by Councilmember Marks and. seconded by Councilmember Enrooth to §rant a five foot variance to the City ordinance requirement of 25 foot rear yard setbacks for . the construction of the home and attached garage as proposed by James Nesser and Cheryle Clancy at 2801 St. Anthony Boulevard, finding, as did the Planning Commission, • that.: ; -3- l . Where the City only requires 30 foot front yard setbacks, the average alignment of homes along St. Anthony Boulevard is 40 feet and to move the proposed • structure forward to allow the required setback to the rear would place this home out of alignment; 2. The applicants had agreed to maintain the existing swale on the west side of the property and normal inspections by the City after the construction and landscaping is completed would confirm that no drainage change had been made; 3. There were no neighbor objections to the variance raised either before or during the Commission's May 20th hearing or the May 27th Council consideration and, in fact, the next door neighbor indicated to staff that he approved of both the plans for the house and its siting; and 4. The three questions required by statute to be answered in the affirmative had been answered thus on the application and accepted by the Planning Commission and Council . Motion carried unanimously. Both applicants were present and the Mayor told them he perceived from the copies of their plans which had been included in the Council 's agenda packet, that the home they proposed to build would be very beautiful . Ms. Clancy said they intended to start construction just as soon as she got the building permit. The next request to rezone the Amerman property had been initiated by the Council with consent of the owner by phone and neither Mr. Amerman or any of the neighbors • were present to provide input to the consideration. Motion by Councilmember Marks and seconded by Mayor Sundland to authorize the City Attorney to prepare an ordinance amending the zoning code which would change the zoning classification from C, commercial district, to R-3, townhouse residential district, for the property owned by Derek Amerman at 3305 (.also known as 3309) Stinson Boulevard N.E. , and described as the North 98.3 feet of the South 228.3 feet of the West 198 feet of the Northwest 1/4 of Section 6 T 29 R 23 (.except roadway). Hennepin County, finding that: 1 . The City's Comprehensive Plan recognizes a;iproblem,mith the existing zoning of this property; 2. There is sufficient land available in the parcel to construct an R-3 project without variances; and 3. No opposition to the proposed change was expressed either before or during the May 20th Planning Commission hearing or the May 27th Council consideration of the rezoning. Motion carried unanimously. Before the Council acted on the Commission recommendation related to the variance for a detached garage at 2528 Murray Avenue N.E. , there was a brief discussion with the applicant and Mr. Childs related to the prevalence of faulty lot surveys in that • area 30 years ago which had resulted in a good number of garages along the alley between that street and St. Anthony Boulevard being constructed too- close to the alley and to adjoining properties. The Manager indicated he anticipated the Council would be asked to address similar problems with garage sitings when homes in that area change hands. -4- Motion by Councilmember Ranallo and seconded by Councilmember Makowske to grant the • variance to the ordinance setback requirements for detached garages which would allow.Robert D. Tokar to replace his existing garage with the larger detached garage he proposes to construct in the same location to the rear of his property at 2528 Murray Avenue N.E. as hong as the garage overhang, for which the variance is required, is no more than 12 inches wide, finding, as did the Planning Commission, that: 1 . The three questions on the application which are required by statute to be answered affirmatively have been answered thus by the applicant and accepted by the Planning Commission and Council ; 2. There was no neighbor opposition to the variance expressed either before or during the May 20th Planning Commission hearing or the May 27th Council con- sideration, and in fact, eleven of Mr. Tokar's closest neighbors had signed a petition Cto be attached to the application) which indicated they were not opposed to the City granting the variance; 3. It appears the proposed structure itself would meet the setback requirements of the Zoning Ordinance and it would only be proposed overhang which would encroach into the required three foot setback; and 4. The perception is that all the garages in that area were built either three feet or less from the property lines due to faulty lot surveys for the entire area at the time they were constructed thirty years ago. • Motion carried unanimously. The following motion deferred indefinitely final action on the variance which would allow META Partnership to redevelop the former American Legion site: Motion by Councilmember Makowske and seconded by Councilmember Enrooth to table action on the META Partnership variance request to construct a commercial facility at 2701 and 2709 Kenzie Terrace. Motion carried unanimously. Information he had received while attending a liability and risk management seminar May 26th had been distributed prior to the meeting by Councilmember Enrooth who commented that he had found the meeting very interesting and informative and had concluded after listening to the insurance problems experienced nationwide that Minnesota's problems weren't half as bad as those in other areas of the country. Mayor Sundland indicated the first Kenzington closings were due the following day and Councilmember Marks said he had found the pre-opening tours of that building and the Walker on Kenzie across the street which he had taken a few weeks ago with Dave Childs and Larry Hamer to be most interesting . The Councilmember next indi- cated he had decided a report from Dave Wilmus, Director of the Youth Service Bureau, would probably give a better view of the planning the Bureau had just completed than if he gave the presentation alone and Councilmember Marks said he intended to invite Mr. Wilmus to address the Council at one of their next meetings. • The Manager reported the negotiations with the School District were more or less in a state of flux due to the resignation of Superintendent Ness. -5- Councilmember Makowske asked why a City fire truck had been used recently to direct traffic near the intersection of Silver Lake Road and 37th Avenue N.E. Mr. Childs • reported the Fire Department had responded to an accident call when a very large gravel truck had turned over on that corner, and, fortunately, even though a street sign had been driven right through the side of the truck, neither the driver nor anyone else had been injured. The April Fire Department Report and Liquor Sales Summary were ordered filed as informational as were the Police Department reports for the first four months of 1986 after the Manager said he would report back the meaning of codes used to des- cribe moving violations in that report. Councilmember Marks noted that there had been fewer stayed sentences reported in the City prosecutor's listing of matters conducted at Hennepin County Municipal Court May 7th which was then accepted as informational . A copy of the May 21st letter from the Apache Plaza Merchants Association requesting permission to hold a carnival with rides at the east parking lot of the shopping center had been included in the agenda packet. When Councilmember Makowske inquired whether the helicopter rides would be included in the rides, Councilmember Enrooth said he understood that would probably no longer be a problem since the copter which had given rides in St. Anthony in the past had been the one which had crashed with newsmen aboard on the way to Austin, Minnesota. Motion by Councilmember Ranallo and seconded by Councilmember Enrooth to authorize the carnival/amusement park activity proposed by the Apache Plaza Merchants Association June 17 - 22 as per their May 21 , 1986 letter. Motion carried unanimously. The Manager had distributed copies of the April 1 , 1986 agreement transferring the City's animal control services from White Bear Animal Control , Inc. to Lake Animal Care, Inc., which he said the City Attorney had considered necessary before the City signed with the latter. Mr. Childs said the new vendor had agreed to the same terms as the former provider. Larry Jones, Bulletin newswriter, told the Council he understood the owners of the two companies were father and son and that the father had decided to concentrate the White Bear Animal Control services on Minneapolis, leaving the services to the northwest suburbs to be provided by his son's subsidiary company. Motion by Councilmember Marks and seconded by Councilmember Ranallo to approve the April 1st agreement between White Bear Animal Control , Inc, to Lake Animal Care, Inc., whereby the latter would provide animal control services to the City of St. Anthony under the same contract terms the City had with White Bear Animal Control . Motion carried unanimously. In reference to the Council request for some sort of timetable for the completion of the County Road D project, Mr. Childs indicated he had gotten a memorandum from the project construction supervisor saying he would anticipate the project, with the exception of the installation of the last wearing course in the spring, would be completed by September 15th. The Manager said because of the poor weather conditions last year, the contractor had only gotten in 42 working days on the project and had • 62 days remaining on the contract to complete the job. Mr. Childs indicated he -6- expected the preliminary surface to be completed on one side that week, which would permit excavation on the other side to commence immediately. A strike of panel • installers might slow down the construction of the Chandler Place in the same area, the Manager reported. Councilmember Makowske said she had been sorry to learn from the May 21st staff notes that the City would be losing a good employee when Lauren McClanahan took another job in Columbia Heights and she recommended Mr. McClanahan be encouraged to continue his service as a volunteer fireman for St. Anthony. Mr. Childs reiterated the statement in his May 23rd memorandum, that the City's 1986 budget overrun for insurance had been caused by a $15,000 raise in liquor liability and a $30,000 increase in the Worker's Compensation premiums, most of which was directly attributable to losses incurred in the last three years on which St. Anthony's "experience modification factor" is based, and 4% to an increase in payroll . The City's liquor liability raise was substantially less than other liquor operations had experienced, the Manager added. Mark Flaten, the City's risk management consultant, was present to discuss the City's insurance package and an alternative to the League of Minnesota Cities self- insured Worker's Compensation guaranteed cost program, which, although it would involve more -risk for St. Anthony, could reduce the City's premiums from $89,933 to $64,416 if the City had only $28,419 in claims. Under this system, Mr. Flaten indicated the premiums would be dependent on the City's losses, with the worse case scenario being that the City would have to pay $125,113 for the year if losses are extreme. The consultant had distributed comparisons of the two premium programs and the City's history of claims was reviewed with the conclusion that several • severe injuries had caused the City's experience modification ratings to be higher than if they were spread out evenly over a number of years. Councilmember Ranallo recalled that the City had been on a retrospective rating program over five years ago which had resulted in a better premium than would have been charged St. Anthony under the guaranteed cost program at that time. Mayor Sundland indicated he perceived the City would have to pay close to $90,000 unddr the standard guaranteed cost program and it might be better to take the risk of a large loss to pay less in premiums under the alternative program. Mr. Flaten warned that, if the City took the retrospective rating program, there would be no guarantee against paying a $125,000 premium for the year but the consensus was that it would be worth that risk to take the lower premium, higher risk program and to follow Councilmember Makowske's recommendation that the worst case risk scenario figure of $125,000 be written into future budgets to cover such a cost if it should ever occur. Mr. Childs indicated the City is undertaking an employee safety education program related to lower back injuries which he hoped would help to stave off the type of --injuries which had resulted in the latest raise in premiums. The feasibility of initiating some type of Wellness incentive" was also briefly discussed, The Manager drew the Council 's attention to the fact that the City would experience only half of the impact of the $14,000 the City is underbudgeted this year because $7,000 would not have to be budgeted until next year due to overlapping insurance is policy and budget years. Motion by Councilmember Ranallo and seconded by Councilmember Marks to authorize the awarding of the package insurance policy contract to the League of Minnesota Cities -7- Insurance Trust at a net premium of $71 ,851; the liquor liability contract to the • John H. Crowther Co. for $68,731 ; the agency contract to H.R.I .A. for $8,000, as negotiated with Ron Bartz; and the contract for Workers Compensation to E.B.A. , using the retrospective rating system and to budget to cover a potential $125,000 loss next year with any unexpended premium to be allocated to the Capital Improve- ment Fund. Motion carried unanimously. Copies of three resolutions developed by staff for adoption that evening had been distributed prior to the meeting. Mr. Childs said the revenues from the sale of recyclables had exceeded his expecta- tions with the Recycling Center receiving over $600 in April . He said the grant monies for which Mr. Hamer was applying would be used to help pay some of the costs of blacktopping and construction of the recycling platforms. Motion by Councilmember Makowske and seconded by Councilmember Enrooth to adopt the resolution which would authorize the Public Works Director to submit an application for funds from the Metropolitan Council Incentive Grant Program to cover some of the costs of operating the City's recycling Center. RESOLUTION 86-023 A RESOLUTION REGARDING AN INCENTIVE GRANT APPLICATION FOR THE ST. ANTHONY RECYCLING CENTER • Motion carried unanimously. The Manager indicated he had the plans and specifications for the St. Anthony Boule- vard Improvement program available for Council review and reiterated, as stated in Resolution 86-025, that bids would be taken up to June 26th and the contracts awarded July 8th, which he said would allow a project completion date sometime near the middle of September. Motion by Councilmember Marks and seconded by Councilmember Enrooth to adopt the resolution which would authorize the parking restrictions required to allocate Municipal State Aid monies for the reconstruction of St. Anthony Boulevard. RESOLUTION 86-024 A RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 161-106-04 (.ST. ANTHONY BOULEVARD) FROM STINSON BOULEVARD TO SILVER LAKE ROAD IN THE CITY OF ST. ANTHONY, MINNESOTA Motion carried unanimously. Motion by Councilmember Marks and seconded by Councilmember Ranallo to adopt the resolution which approves the plans and specifications for ordering advertisement of bids for the St. Anthony Boulevard improvement project. RESOLUTION 86-025 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Motion carried unanimously. -8- Conversations he has had with the Minnesota Pollution Control Agency, the Manager • reported, had indicated the levels of contamination, although still within MPCA acceptable levels, have been gradually creeping up in the City wells. Because of. this, the MPCA officials had indicated they intend to seek EPA authorization for carbon filters or air stripping units 'to be installed on Wells #3 and #4, with the EPA paying. the first year's cost for operation and maintenance and the City or whoever is ruled responsible for the contamination; picking up those costs in the subsequent years, Mr. Childs. said, and he indicated he would have further information to report _on the subject at .the next. Council meeting, The City Attorney is still working on the proposed ordinance to enforce better .main- tenance of private property in.the City, the Manager told Councilmember Ranallo. Motion by Councilmember Marks and seconded by Councilmember Enrooth to adjourn the meeting at 8:30 P.M. Motion carried unanimously. Respectfully submitted, H Crowe, Secretary '4Z M vor ATTEST: City Jerk