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HomeMy WebLinkAboutCC MINUTES 09231986 Meeting Sheet 101718 { .r BOX: 21 Folder: CC MINUTES AND AGENDAS 1986 Document: CC MINUTES 09231986 �J ' 1 t ` 1 } CITY OF ST _ ANTHONY . COUNCIL MINUTES SEPTEMBER 23, 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, Makowske. Absent: Enrooth. Also present: City Manager Childs . and City Attorney Soth. SEPTEMBER 9, 1986 COUNCIL MINUTES Notion by ,Makowske, seconded by Marks to`"approve with, the following changes. Page 5, para. 4: Correct typo "incurred", line 2. Page 7, para. 4: Correct -typo "Manager", line 2. Page 8, para. 8: Substitute "software is being developed which utilizes color capacity" for "which are so much easier on operator's eyes", lines 5 and 6. Motion carried unanimously. SEPTEMBER 16, 1986 PLANNING COMMISSION REPORT - Commissioner Ron Hansen. • I . Application: Bryon Schroeder for setback variance from Ordinance requirement for average alignment of adjacent homes. Proponents: Mr. Schroeder and Wendy Clovis, 3115 Johnson Streetiw N.E. , Mineapolis. Opponents: None. Commission Recommendation: Unanimous approval . Motion by Makowske, seconded by Marks to grant a 252 foot variance to the Ordinance requirement for average alignment of adjacent homes to allow Bryon Schroeder to construct the home he proposes at 3520 Silver Lake Road with a front yard setback of 63 feet, finding, as did the Planning Commission, that: 1 . the proposal meets all Ordinance side and rear yard setback requirements and the proposed structure would fit in well with other homes in that block; 2. the placement of the house will not adversely affect the front yard visibility of adjacent homes and will provide the applicant with an alternative to living so close to the traffic noise and congestion on Silver Lake Road. 3. the applicant, as required by Minnesota and City statutes, had answered all three questions in the Petition for a Variance affirmatively; and • 4. no one spoke against the total concept of the setback per se during either the September 16th Commission hearing or September 23rd Council consideration. Motion carried unanimously. -2- II . Application: March of Dimes et al for conditional use permit to operate an • assembly hall (charitable gambling facility) at 2500 - 38th Avenue N.E. Proponents: Douglas Schmidt and Chuck Wheeler, Fund Raisers, Inc. , St. Cloud, MN; Maren Aipperspatch, March of Dimes Birth Defects Foundation; Paul N. Zengerle, V. K. Arrigoni , Inc. (half-way house for senior alcoholics) ; Josette Salen, Guadalupe Area Project, Inc. ; and Dennis Cavanaugh, President, C. G. Rein Co. , owners of Apache Plaza. Opponents: Ruth Nelson, 3916 Macalaster Drive. Commission Recommendation: 4 to 2 approval . Council Action: Prior to the development of a motion modifying the Commission intent related to .number of sessions, age of players, as well as the current assessment of public reaction, the proponents were advised as follows: Sundland - said he perceived the Commission' s thorough discussion of the matter had helped the Council to see all the ramifications of the issues involved; - acknowledged that state law regulates an opeation of this type in the City and that variances for more occasions than mandated were easily granted; • - wanted it clearly understood that he would not support any more than the four occasions per week in any one facility allowed by the state for this facility; and - stated that he would not look kindly on the state granting variances for more than four. Ranallo - reiterated his feelings that when the City had agreed to have the state regulate charitable gambling in St. Anthony a few years ago, the assumption had been that there would only be a few such occasions a week at the American Legion clubrooms and a few times a year for special church events; and - said right from the start he had opposed having a gambling hall of any type in St. Anthony and would not favor having a "gambling casino" in the City at this time. Motion by Ranallo, seconded by Marks to grant a conditional use permit for an assembly hall in a 'commercial zone to the March of Dimes Birth Defects Foundation et al to operate a charitable gambling facility at 2500 - 38th Avenue N.E. on the condition the applicants: 1 . meet all requirements of the Minnesota Charities Review Council regarding registration with the Department of Commerce; • 2. provide adequate security in the facility and parking areas; 3. limit the bingo sessions to four per week; -3- 4. close by 10:30 P.M. ; • 5. allow no alcohol to be consumed on the premises; and 6. prohibit anyone under 18 years of age from the premises. In granting the permit, the Council finds, as did the Planning Commission, that the conditional use permit: a. is one of the conditional uses specifically listed for the zoning district in which it is located; b. will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improve- ments in the vicinity; c. is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and The Council finds further that the public had not yet been fully informed about what was being requested at Apache Plaza when the Commission held their hearing and had reacted negatively to the concept since an article on the request had run in the St. Anthony Bulletin. Before taking the vote on the motion, the Mayor opened the floor to discussion by interested parties. • Mr. Wheeler explained that he was president of a company which provides consulting services for charitable organizations (as opposed to non-profit) related to raising money through gambling activities like the bingo and pull tabs requested for the proposed facility in Apache. He reported that after discussing the matter with the City Manager after the Commission hearing, the decision had been made to drop Disabled Veteran Recreation, Inc. from the charities who would be participating in this project because a "very thorough" investigation by Commissioner Madden had revealed the organization, although registered with the Secretary of State and exempt from paying both federal and state taxes, had not complied with the state requirement of also registering with the Minnesota Department of Commerce. Mr. Schmidt, an Executive Director of Allied Charities of Minnesota as well as an associate of Mr. Wheeler in Fund Raisers, inc. , had distributed copies of his September 19th letter to the Executive Secretary of the Gambling Board recommencing the application form the state requires the charities to file with them include proof of registration with the Department of Commerce to bring the form into line with the existing law. Mr. Wheeler told the Council that if by restricting the total sessions at the Apache location to a four week rather than the maximum of four session per week per charity, the intent of their motion had been to prevent the facility altogether, they would have accomplished that purpose because the fund raisers would have to advise the charities that a "break even or loss" situation would result because the cost of the lease would prevent them from maximizing their returns. -4- The fund raiser added that, even with nine sessions a week, it was very probable that the charities might need some flexibility towards the back end of their , lease which calls for an escalation of rental cost over the period of lease. _Mr. Wheeler suggested a review of the state laws_ governing charitable gambling would _ show the Council that it had been the stringent laws the state imposes on such activities which had forced these charities to join together in this endeavor because the economics were just not there for them to make any profit after sharing the costs of leasing 9,000 square feet of space in Apache. The charities had not really required that much space but that had been the only condition Mr. Cavanaugh would lease to them. Mr. Wheeler said, and the charities, unlike non-profits, had no facilities of their own from which these activities could be conducted. The fund raiser then pointed out the need for charities like the applicants and the success of a similar activity in St. Cloud. Mayor Sundland stated that he perceived neither.- the good these charities do or precedents for successful project elsewhere were relevant to the intent of the Council's motion or another motion to follow which would convey to the state board regulating charitable gambling that "the City intends to meet the minimum requirements of the law by allowing four gambling occasions in this facility per week but wants to go no farther than that minimum". Councilmember Ranallo agreed, adding that it was only under "duress" that he was willing to approve any occasions at all because he had interpreted the "spirit of the law" had been "to only allow bingo games in buildings owned by the charities themselves" . The Mayor said he had also expected- no enlargement of what the City was already comfortable with at the Legion club and church. • John Hearn, Commander of the Tri-City American Legion Club was present for an appearance later in the agenda and confirmed that when the Legion post had been in -St.. Anthony they had only conducted two bingo sessions a week in their club rooms. Councilmember Marks commented that he had seconded the motion because he also perceived the type of charitable activity which was now being proposed was not in the "spirit" of the Charitable Gambling Law and said he had never expected that letting the state regulate that activity for the City would result in "stacking of charities". Mr. Wheeler's reaction was that he perceived the law had been written to "overcome the handicap the charities, who don't have assembly halls in which to conduct these games, have because non-profits, who do have halls, have always been able to maximize their returns through pull tabs". Ms. Aipperpatch, Director of Development for the March of Dimes, said that although other charities were doing well running pull tabs in bars, the March of Dimes had "a problem with alcohol because of the horrendous effects of "fetal alcohol syndrome" and preferred a location like St. Anthony, which offered a clean, alcohol--free environment to generate the funds the charities need to continue their services to the community. The Development Director said the March of Dimes is very concerned about its name and its image but also realizes that there's a great deal of prof it to be made in pull tabs. Mayor Sundland told her many of the local service organizations who make large donations to the community had attempted to contact the City regarding pull tabs but the City's • position up until now had always been to avoid even discussing the possibility of that type of fund raiser in the City. He said, as documented in the Commission -5- minutes, there are many problems associated with pull tabs as some of the Council . members and Commissioners can attest to from observing first hand that some people spend i nor,gi natehy l arge,c, amounts of,�mo.ney i;n that%_/type of activity. Mrs. Nelson indicated she would be strongly opposed to having this type of operation in the Village and, especially in her end of town. The resident said she was "sorry to see the March. of Dimes involved in this kind- of enterprise" and would be taking that fact into consideration concerni,ng.,future-idonations. Ms. Salen had previously told the Council of the much needed work Sister Giovanni , the head of Guadalupe Area Project had done in her own community, but stated that as "Sister's representative", she was certain "Sister Giovanni would never want to be associated with any project which was not welcomed, supported, and accepted by the community which has already supported and spread the word about her deserving service". The Guadalupe representative concluded her statement by saying "although the three charities present that evening were all worthwhile causes and all certainly needed money, the Lord will guide and provide and we want to be here only with your blessing and not any other way". Mr. Soth said his understanding of the Minnesota Gambling law was that "the maximum number of bingo occasions the law allows is two per week for one organization and, if there are two or more organizations, the maximum for any one location is four per week" . It would therefore be necessary for the Council to pass a resolution letting the state know that St. Anthony disapproves of any variances for occasions beyond two for any one organization or for more occasions than four for any location, the attorney suggested. • Mr. Schmidt commented that he had. "been to enough Council meetings to know when I 'm beat'. However, he suggested the City might also want to let the state know the City intends to veto any future applications like his own, being careful , of course, to make an exception for the organizations already conducting bingo in the City. The Mayor stated that he perceived the motion intent had been to only address this particular application at this time and' to let the applicants know that they can operate in the City of St. Anthony as long as they do so with only four occasions per week in the location they had designated. The City Attorney advised that, since the law is broken down into two sections, it would also be necessary for the Council to adopt a resolution which would prevent any organization who already had a building from conducting more than two gambling occasions in that building a week. Councilmember Makowske indicated she had proposed amending the last Commission finding because she had seen that what might have been a valid assessment of the public's reaction before that hearing had changed to a great extent after residents had read about the proposed activitv .i.n�.the,--Bul .et n. Motion, as amended, carried unanimously. The motion which was then developed reflected the recommendations of the City Attorney relating to the State licensing of the proposed facility. • Motion by Ranallo, seconded by Marks to adopt the resolution which would inform the Minnesota Charitable Gambling Board that the City of St. Anthony opposes granting any variances to the minimum requirements of the Minnesota Gambling Law, which would allow more than four gambling occasions per location per week or more than two occa- sions per week for any given organization in the City of St. Anthony. -6- RESOLUTION 86-031 A RESOLUTION OPPOSING VARIANCES TO THE MINIMUM • REQUIREMENTS OF THE MINNESOTA GAMBLING LAW Motion carried unanimously. Flag Presentation Commander Hearn presented three American flags to the Mayor, Council , and the City to be flown at City Hall , the fire station and a City park. The Mayor thanked the Legion for the flags and suggested he and Commander Hearn make a joint presentation of the checks the Tri-City American Legion Club and the St. Anthony Chamber of Commerce intend to give to the handicapped children's program at Wilshire School . The Legion Commander said he thought those who were present that evening might also be interested to learn his organization had donated more than $10,000 to worthy area causes since last February when the Legion moved to their new clubrooms in New Brighton. Councilmember Marks expressed his own appreciation for both the flags and the school program donations from the Legion. Revenue Sharing Hearing At 8:25 P.M. the Mayor opened the executive public hearing to receive public input on the proposed allocation of revenue sharing funds. Notice of the hearing had been published in the September 10th Bulletin. • The Manager stated that staff was recommending the City continue to use whatever revenue dollars it receives for capital expenditures rather than to institute any on-going, year-to-year expense which would have to be funded from some other source of revenue sharing becomes unavailable to the cities, as is quite possible in 1987. There were no residents present to suggest how the funds should be used and the hearing was adjourned at 8:26 P.M. to be reconvened when the City finds out what, "if any" , its Revenue Sharing allocation will be. 1987 Budget Hoc-tri ng At 8:27 P.M. the Mayor opened the public hearing to consider the 1987 City Budget, a notice of which had also been published in the September 10th Bulletin. Mr. Childs had highlighted the issues he considered especially important in the budget in his September 19th memorandum to which he had attached a comparison of the proposed 1987 budget and General Fund expenditure and revenues for 1985 and 1986. Also included in the agenda packet was a Budget Fact Sheet which anticipated a mill rate increase of -.009 for the City and a $14.53 increase in the City's share of the Property Tax before Homestead Credit for an average $84,750 home in St. Anthony in 1987. As stated in his memorandum, Mr. Childs reiterated that the mayor expenses in the budget reflected the City' s need to catch up after the large increase in insurance costs in the last two years: an automatic 10% increase in Metropolitan -7- Waste_ Control rates, and the cost of a new $95,000 ,motor grader for which the • City is allowed to -levy in '-increments of $35,000 for the :neat three years. The Manager reiterated .that if. the EPA helps the City to install a carbon filtration system -to remove co ntaminants• from the water supply, there would 'be no need for a raise* in water rates in 1987. Councilmember Ranallo thanked Mr. Childs for providing information which had greatly aided the Council members in their decision making. There were no members of the public present to provide input to that decision and the hearing was closed. at 8:37. P:M. _for the' folIowi'ng. Motion by Marks, seconded by Ranallo to adopt the resolution which approves the. 1987 City Budget. RESOLUTION 86-032 A RESOLUTION APPROVING THE 1986 TAX LEVY COLLECTIBLE IN 1987 AND THE 1987 CITY BUDGET Motion carried unanimously. Licenses Motion 6y Ranallo, secondedby1'Sundland•-to'-grant the: following licenses and permits as listed in the September 23, 1986 'Cou6ci1' agenda" packet:' ' • CONTRACTORS LICENSES Minnesota Petroleum Service, Inc. , Fridley Blanske Enterprises, St. Anthony HEATING LICENSE A. Binder & Son TEMPORARY 3.2 BEER PERMIT St. Charles Borromeo Women's Club for annual Mardi Gras, March 1 , 1987. Voting on the motion: Aye: Ranallo, Sundland, Makowske. Abstention: Marks. Motion carried. VERIFIED CLAIMS Motion by Marks, seconded by Makowske to approve the verified claims for August 31 and September 16 in the September 23rd agenda packet and the September listing which the Manager had distributed prior to the meeting. • Motion carried unanimously. • ' 78- Motion by Ranallo, seconded by 'Sund,land to approve payment of the following claims as listed in the September 23rd agenda packet: • $1 ,800 to Dean Berry Associates,' Inc. for City employees' business writing workshops; $1 ,825 to the Edward J.. Hance law firm for prosecution services from August 11 through .September 3'; 1986; $-22;498 in- premiums to Employee Benefit Administration,. .Inc. for the City's participation in the League of Minnesota Cities Self-Insured Workers' Compensation program from June 1 , 1986 to June 1, 1987; $4,685 to Stuart J. Bonniwell CPA for his examination of the City's 1985 financial statements with $1 ,305 to be paid from the General , Water, and Sewer Funds and the remaining $3,380 from the Liquor Fund; $118,755.66 to Bituminous Roadways, Inc. , for services related to the reconstruction of St. Anthony -Boulevard; and $731 to the Dorsey & Whitney law firm for the City Attorney's services during August, 1986. Motion carried unanimously. Reports ASTRONAUT APPEARANCE The Mayor said he had found Major Bob Cabana (NASA astronaut) to be a very interest- ing young man and had thoroughly enjoyed the astronaut's speech during the Septem- ber 16th luncheon at the Tri-City American . Legion Club. • TRANSIT BOARD MEETING Councilmember Makowske reported she had attended a Metropolitan Transit Board meeting in Crystal where sne had offered several suggestions for improving bus service through the Village. She said she had called the Board's attention to the omission of Route 25, St. Anthony's major bus route, on the route map recently mailed to the City's residents and provided information about St. Anthony's senior- residents the Board didn't appear to have. The major focus of the meeting was the Metro Mobility project and the Councilmember said she had given all the pertinent information she had about it to the Manager for distribution to the other Council members. COMMUNITY SERVICES DINNER Councilmember Makowske said she had found the Community Services dinner which she, the Manager, and the Mayor had attended September 17th to have been "an interesting evening". LMC REGIONAL MEETING As he had reported at the last meeting, Councilmember Ranallo said he attended the regional meeting of the League of Minnesota Cities the same evening as the Community Services dinner and had participated in formulating plans to lobby for various issues anticipated -to be considered .duri.ng the next legislative session including- an effort' to- reclassify state property taxes. The Councilmember recalled • that Councilmember Enrooth had expressed an interest in performing some type of outside service for the community and suggested he be contacted to ascertain 'hi's interest in serving on the LMC State- Legislative Committee which would be addressing . that particular issue. - Mr. Childs said he would get in touch. with the Councilmember • . .when he returns from his trip to Canada and would prepare the necessary resolution... to support., his appointment to that comm ittee. HANCE REPORT ON CITY PROSECUTIONS The City Prosecutor's report on City matters conducted at the Hennepin County . Municipal Court on September 3rd was "very thorough, as usual", Mayor Sundland observed. CHECK WRITE-OFF Motion by Ranallo, seconded by Makowske to write off the $3,465.37 in 1985 uncollectible checks listed in the September 23rd agenda packet perceiving this loss to have been more than offset by the $38,643.31 net profit the liquor opera- tion made -that year on check cashing. Motion carried unanimously. FINANCIAL REPORT The August Financial report was ordered filed as informational . HONEYWELL MONITORING WELLS Mr. Childs explained that the September 15th request from Honeywell for permission • to install a test well in Central Park north of the Parkview building had resulted from the MPCA Board ordering the U.S. Army et al , rather than the MPCA, to monitor the water supply in St. Anthony and New Brighton as part of the study of water contamination off site from the Twin City Army Ammunition Plant. The Manager assured Councilmember Makowske that the test would not include air stripping. The attorneys representing the City in the water contamination litigation would be making some changes in the proposed agreement before permission is granted but Mr. Childs urged immediate cooperation once that review is completed. Motion by Ranallo, seconded by Marks to approve the agreement which would allow Honeywell to install a monitoring well on the City's water supply subject to amend- ments recommended by Briggs and Morgan and to staff approval of the monitoring location. Motion carried unanimously. i9r. %,niias reported the District #282 School Board had again invited the City officials to participate in the October 3rd reception following the Homecoming football game that evening. Mayor Sundland said he perceived the Council would be happy to particpate in what he .understood would be part of the school 's 25th Anniversary observance. ASSESSORS AGREEMENT Mr. Soth reported he had finally been able to develop an agreement with the . .Hennepin County Assessors Office which would provide mutual indemnification • to- protect the City as well -as the County. The changes Councilmember Makowske had requested, including the requirement that the City be notified in advance of any price change for these services, had also been written into the agreement in the Counci agenda packet. -10- Motion by. Ranallo, seconded by Marks to adopt .Resolution' 86-028. • RESOLUTION' 86-0,28-034 A RESOLUTION AUTHORIZING THE .MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HENNEPIN COUNTY ASSESSOR , . FOR ASSESSING SERVICES IN 1987, .1988, 1989, 'AND 1990 Motion carried unanimously. City property in Ramsey County is not assessed in the 'same manner as in Hennepin County, Mr. Childs told Councilmember Makowske, and, in fact, he would be contacting the Ramsey County Assessors Office soon to discuss their failure to inspect some of that property.'which had resulted in the County's failure to collect 'up to $50,000 in back taxes. ROAD MAINTENANCE AGREEMENT Motion by Marks, seconded by Makowske to adopt the resolution which authorizes the signing of the agreement with Hennepin County under which the City would provide maintenance of county roads within St. Anthony RESOLUTION 86-030 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE Motion carried unanimously. INSURANCE RENEWALS Health Resources Insurance Agency, Inc. ,_ the Cit_,y_'s insurance carrier, had submitted quotes for renewing the City's Crime and Public Officials Eiability coverage, which were distributed by the Manager He recommended the Council accept the bid for Crime Coverage from Royal Insurance Company. Motion by Marks, seconded by Sundland to accept the bid of $1 ,668 from Royal Insurance Company to provide Public Employees Blanket Bond and $105 to.provi-de Depositors Forgery coverage, both with $100,000 limits and $1 ,000 deductibles. Motion carried unanimously. The City Attorney discussed the quotes for Public Officials Liability insurance, saying he perceived the greatest risk would be in the area. of defense costs . where chances of incurring liability would be pretty slim since Council_ members Would have to be "not only capricious and aribtrary in their decisions but would also have to be acting beyond the scope of. their authority as Council--members There was concurrence that the $600,000 limit .with .the $5,000 deductible recommended by the City's Risk Manager would be adequate. • Motion by Marks, seconded by Ranallo to accept the bid of $4,182 from the League of Minnesota Municipalities to provide Public Officials Liability Insurance to cover City employees and volunteers with $600,000 limit and $5,000 deductible. ,... .,, Motion carried unanimously. The City Attorney and Bulletin news writer left the meeting during the recess • from 9:02 to 9: 15 P.M. when the Mayor reconvened the meeting to review the plans and specifications for the Stonehouse reconstruction project with Wil Johnson and Stephen Patrick of BWBR Architects. Stonehouse Reconstruction Discussion With Architects Council considered: Financing Estimated $1 ,000,000 bond, 8y'% interest for 15 years with annual service payment approximately $120,000. Deduct Alternates - to be considered in event of bid overruns. Order of preference to be decided at that time. a. basement under new liquor store (if SAV #2 adversely effects SAV #1 ) ; b. wood screen fence at roof; C. g:reeixhbuse.= type additions to on-sale; d. kitchen, (current market demands restaurant) . Site and Elevation Plans (further considerations) a. setback variance needs to be considered; b. relocation of utility and water lines add-ons, catch basin and PVC line to avoid storm sewer drainage, needed; c. demolition and restructuring old City Hall for Fire Department to be discussed at City Council/staff goal setting meeting; d. Speakeasy bar to be left intact except sprinkler system necessary for all occupied spaces; e. handicapped ramps and access to all first floor except two step rise in bar area; f. luminous sign on building replacing old non-conforming pylon.. Insurance City needs to make sure certain coverages are in place. Hazardous Waste Material Removal City's responsibility. Proposed Time Schedule • *October 6 final concept and content plan approval by staff *October 7 advertising for bids -'i 2- *October 28 open bids with award several days thereafter *Early November construction start Council action: Motion by Marks, seconded by Makowske to authorize the City Manager to call for bids and set date for awarding the contracts for the Stonehouse on/off sale liquor opera- tion reconstruction project. Motion carried unanimously. ManagersConference Mr. Childs reported he would be leaving Saturday for the International City Managers' Association conference in San Diego, California, returning October 2nd. Phase III Kenzie Terrace Project Going Forward With Changes Mr. Childs said John Arkell had called him to inform him that Arkell Development intended to proceed with the land take down for Phase III prior to December 31st but needed to talk to the City soon about possible changes in his proposal . The Council consensus was that a special work session by the Planning Commission should be scheduled for October 6th. Personnel Matter Discussed • Mr. Childs was given Council direction related to a personnel matter which involves insurance coverage relating to retirees. The City Council did not support any further changes to the existing policy. Upcoming Events The Mayor reminded the Council that the Kiwanis Club would be conducting Peanut Days in the City the following Friday, September 26th. Acij aurrime nt Motion by Ranallo, seconded by Marks to adjourn the meeting at 10:35 P.M. Motion carried unanimously. ctfully submitted, H 1 Crowe, creta May r • ATTEST: City Clerk