Loading...
HomeMy WebLinkAboutCC MINUTES 05261987 Meeting Sheet 11111 Kill 11111 11199111.11 101663 { Box: 21 Folder: CC MINUTES AND AGENDAS 1987 Document: CC MINUTES 05261987 • C=TY OF S T . ANTHONY COUN c 2 L M=NUTS S . MAY 2 6 , 1 9 8 7 1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led by 2 Mayor Sundland. 3 4 Present for roll call: Sundland, Ranallo, Makowske. 5 6 Absent: Enrooth (arrived at 7: 35 P.M. ) and Marks. 7 8 Also present: David Childs, City Manager 9 William Soth, City Attorney 10 Dave MacGillivray of Springsted, Inc. 11 12 MAY 12, 1987 COUNCIL MINUTES 13 14 Motion by Makowske, seconded by Sundland to approve the above with the 15 following changes: 16 17 Page 3 , para. 4: Delete "the agenda" and "had made no mention 18 at all" and insert "was not listed on the 19 agenda" between "after" and "which" in line 2. 20 Page 9 , para. 1: Insert "with him" after "agreed" in line 2. 21 Page 12, para. 4: Insert "no" before "more" in line 2. 22 Page 12, para. 12: Delete "recreational" in line 1. 23 Page 13 , para. 7 : Insert "believed" after "strongly" in line 1. • 24 25 Motion carried unanimously. 26 27 LICENSES/PERMITS/PETITIONS 28 29 Motion by Ranallo, seconded by Makowske to grant the following as listed 30 in the May 26, 1987 Council agenda packet: 31 32 Contractors 33 34 Tom Walek Construction 35 CRS Construction 36 D & D Home Improvement 37 38 Multiple Housing Registrations 39 40 Kleinman Realty Company (Diamond 8 Terrace) 41 Ivy League Association ( 3804 Highcrest Road) 42 Sheldon Mortenson ( 3713-3800 Foss Road, Caravelle Apartments) 43 St. Anthony Health Center, Inc. (Chandler Place) 44 45 Temporary 3 . 2 Beer Permit 46 47 Lizabeth Olson, 3213 Hilldale for Class of 177 picnic in the Park 48 Pavilion from noon to 4: 00 P.M. , August 30, 1987 . • 49 50 Motion carried unanimously. 51 1 -2- • 2 3CLAIMS 4 5Motion by Makowske, seconded by Sundland to approve payment of the 6verified claims listed for the liquor accounts payable for April 30 and 7May 6, 1987 in the May 26, 1987 Council agenda packet. 8 9 Motion carried unanimously. 10 llCouncilmember Enrooth arrived at 7: 35 P.M. 12 13Mr. Childs was asked to discuss the telephone charges in the City 14Prosecutor' s May 11th billing with the Hance law firm. 15 16Motion by Ranallo, seconded by Makowske to approve payment of $1 ,831.03 17minus $6 . 03 to the Edward J. Hance law firm for prosecution services they 18had rendered from April 2 through May 6, 1987. 19 20 Motion carried unanimously. 21 22Motion by Makowske, seconded by Enrooth to approve . payment of $24,896.08 23to the Metropolitan Waste Control Commission for May -sewer services. 24 25 Motion carried unanimously. 26 27Motion by Ranallo, seconded by Enrooth to approve payment of $9,000 . 00 • 28to School District #282 for the City' s use of the Parkview facilities 29during April, May, and June. 30 31 Motion carried unanimously. 32 33Motion by Enrooth, seconded by Makowske to approve payment of $930. 15 to 34Bruce A. Liesch Associates, Inc. as the City' s share of .the costs of 35identifying the water plume which had contaminated' -St. Anthony' s water 36supply. The consultants will be requested to designate the City and not 37Mr. Childs as their client on future billings. 38 39 Motion carried unanimously. 40 41REPORTS 42 43MAY 19, 1987 PLANNING COMMISSION MINUTES - COMMISSIONER JOHN MADDEN 44 45Herberger' s/C. G. Rein Sign Variance Request at Apache Plaza Granted With 46Conditions 47 48Application: to install two 519" X 20 ' signs on the existing center 49 identification sign located near 39th Avenue N.E. and 50 on Silver Lake Road. 51 52Madden' s reiterated that the Planning Commission had perceived 53Report: this to be a unique situation where the anchor tenant • 54 would have no identification on the center' s main 1 -3- • 2 3 thoroughfare access and would be filling a space in the 4 center which had been vacant for six years; 5 6 said the Commission was recommending that variance only 7 be granted upon receipt of a signed guarantee from the 8 center owners that they will request no further sign- 9 age for that pylon sign; 10 11 as indicated in the minutes, the Commission representa- 12 tive said the Commissioners had expressed some concerns 13 related to the lighting, color, and length of time the 14 sign would be lit, but had included none of these in 15 their recommendations for approval. 16 17Proponents: Dennis Cavanaugh, President of C. G. Rein, who gave 18 Mayor Sundland the required document related to future 19 signage on the pylon sign, and the Mayor read the 20 agreement aloud. 21 22 *Mr. Cavanaugh told Councilmember Makowske, J. C. 23 Penney' s does have Silver Lake exposure from the north 24 going south; 25 26 *indicated that Penney' s had never asked to have 27 signage on the pylon sign and if they did so now, he • 28 would "simply have to tell them ' no' in light of his 29 agreement with the City" ; 30 31 *questioned whether, in view of Penney' s history of 26 32 successful years in Apache, the store would perceive 33 the need for such signage at this time; 34 35 *concurred with Councilmember Makowske that "bringing 36 shoppers into one store in the center would aid busi- 37 ness in all the stores in Apache" ; 38 39 *George Torrey, Executive Vice President of G. R. 40 Herberger' s, Inc. was welcomed to St. Anthony by Mayor 41 Sundland who told the St. Cloud executive the Council 42 was looking forward to participating in Herberger' s 43 grand opening. 44 45Council Action 46 47Motion by Ranallo, seconded by Makowske to grant the request from Apache 48Plaza Ltd. for two 519" X 20 ' signs to be mounted on the Apache Plaza 49pylon sign located at 39th Avenue N.E. and Silver Lake Road for 50Herberger' s, Inc. , finding, as did the Planning Commission, that: 51 52 a. No persons were present at either the Commission hearing, May • 53 19th, or the Council consideration May 26, 1987, to speak against 54 the variance; 1 -4- • 2 3 b. The three conditions required to be satisfied for a variance had 4 been found in the affirmative by both the Commission and the 5 Councilmembers; 6 7 c. This request was for a unique situation in which the anchor ten- 8 ant would have no identification on the shopping center' s Silver 9 Lake Road access without the variance and the space to be occu- 10 pied had been vacant for six years. 11 12The Council' s approval of this signage is also based on the receipt 13during the meeting of a signed statement from the Apache Plaza management 14that they will request no further signage on the center' s pylon sign. 15 16 - Motion carried unanimously. 17 18Council Decision on Evanson Request for Subdivision Without Platting for 193512 Silver Lake Road Laid Over Until June 3rd Council Meeting . 20 21Application: for approval of the grading plan and final plat of the 22 above four unit subdivision located in Gardena Acres in 23 the 3500 blocks of Silver Lake Road and Belden Drive, 24 which the applicant stated, had been revised in accord- 25 ance with directions he had been given during the May - 26 19th hearing on his request to subdivide without plat- 27 ting. •28 29Madden' s indicated the two civil engineers on the Planning 30Report: Commission tended to get quite technical concerning 31 matters which related to surveys, boundaries, plats, 32 etc. 33 34 said an example of this had been the Commissioners' 35 request that contour lines to designate how the pro 36 perty would slope, particularly towards the Larwick 37 property to the northeast facing Silver Lake Road; 38 39 did not perceive that information had been provided in 40 the revised grading plan Mr. Evanson had presented that 41 evening; 42 43 told the property owner he was not asking for a survey 44 of the Larwick lot but rather that contour lines denote 45 just how Mr. Evanson planned to get from an elevation 46 of 1 ,012 on the Silver Lake Road side to an elevation 47 of 1 ,016 or 1,018 on the northeastern parcel. 48 49Proponent: David G. Evanson, 2208 - 73rd Avenue North, Brooklyn 50 Park, MN 51 52 *Mr. Evanson told the Commission representative that • 53 part of his property was relatively level and he and 54 his surveyor had agreed it would not be necessary to 1 -5- • 2 3 show what would in all probability be "only a tempor- 4 ary arrangement, particularly if Mr. Larwick decides to 5 grade his parcel prior to the development of my pro- 6 perty. " ; 7 8 *stated the reason no contour lines had been drawn 9 between Mr. Forsberg' s property on Belden Drive and 10 Mr. Larwick' s property had been because there was only 11 a two foot differential in grade between those proper- 12 ties; 13 14 *indicated that he talked to Mr. Larwick but had been 15 unable to get a slope easement from him because his 16 copy of the minutes requiring that easement had only 17 reached him that afternoon; 18 19 *disputed the minutes' reference to a motion requirement 20 for "1 to 2 feet on the lot, except at the northeast 21 property line" , saying his notes had shown only a 3 22 foot requirement within the final grades had been dis- 23 cussed with 5 feet at the northeast property line; 24 25 *stated he believed the 5 feet would be within the 26 Larwick parcel. 27 •28Councilmember Enrooth asked Mr. Evanson whether delaying a decision to 29the Council' s June 23rd meeting would be a real problem for him. The 30property owner said that would probably be no problem because he had been 31unsuccessful in finding one person or contractor who would be willing to 32take all the dirt at once. However, he said he was concerned that "every 33time I 've come back, having met all requirements, there' s another 34condition imposed on my request being approved. " 35 36Councilmember Enrooth responded that he was not suggesting additional 37conditions but rather only that the Councilmembers and staff might need 38more time to digest and fully understand the plans which had only been 39presented that evening. The Councilmember said he personally would need 40to know specifically how much ground was going to be removed before he 41could approve the plan. 42 43Mayor Sundland agreed that removing 7 feet of grade to obtain the 44required slope appeared to be substantial enough to warrant more 45specifics on just how that transition was going to be made. 46 47Mr. Evanson told him there was an existing 10 foot transition along Mr. 48Forsberg' s side of the property and a 5 foot easement from Mr. Larwick 49would leave only a 2 foot differential to be graded even if the grading 50were started immediately. 51 52Staff Report: Mr. Childs indicated he would check the tape of the •53 hearing minutes to clarify the disputed motion, but 54 1 -6- 2 3 perceived the two engineers and the grading contractor 4 who had been present for the hearing had not appeared to 5 have any real problems with the grading/drainage plan 6 per se, but had just wanted to get the slope differ- 7 entials nailed down; 8 9 suggested if the Council decided to make approval con- 10 tingent on the Public Works Director' s review of the 11 grading plans, their motion should also include approval 12 of the final plan by the City Attorney. 13 14Three other persons were present for the discussion. John Forsberg, who 15owns the adjacent property at 3513 Belden Drive, stated that the revised 16plans- "seemed to meet all the requirements I -was looking for" and said he 17would be in favor of the Council approving the grading plan subject to 18the Public Works Director' s approval. 19 20Chris Paidosh and Kurt Matthys, prospective buyers of two of the lots, 21indicated they were present only as spectators of the discussions. 22 23Council Action 24 25When Councilmember Enrooth' s motion to table the decision until the 26Council' s June 23rd meeting failed for lack of a second, it was suggested 27that a decision might be deferred until the Council meeting which would • 28take the place of the regularly scheduled June 9th meeting, which 29conflicted with the League of Minnesota Cities conference in Rochester. 30 31Mr. Evanson indicated a June 3rd meeting would be acceptable to him 32because he was certain he would have the slope easement and Certificate 33of Title, which Mr. Soth had told him would be necessary for that 34meeting, available by that time. 35 36Motion by Enrooth, seconded by Makowske to cancel the June 9th Council 37meeting and reschedule it for 5: 30 P.M. , Wednesday, June 3 , 1987, at 38which time a decision on Mr. Evanson' s request could be made. This delay 39would give the Council an opportunity to get staff feedback on which to 40base that decision. 41 42 Motion carried unanimously. 43 44DEPARTMENTS AND COMMITTEES 45 46The following reports were ordered filed as informational after short 47discussions of several items in the first two reports: 48 49 *May 11th report from the Edward J. Hance law firm on matters con- 50 ducted at the Hennepin County District Court on May 6 , 1987 in which 51 they represented the City as City Prosecutor; 52 • 53 *April Fire Department report; 54 1 -7- 2 3 *March Financial report; 4 5 *Fire Chief' s update on the City Emergency Plan. 6 7COUNCIL 8 Mayor Recommends Street Light in Vicinity of 31st Avenue N.E. and Edward 10 11Mayor Sundland indicated that when the Operation Crime Watch Program had 12been initiated in his neighborhood the residents had been told the 13Roosevelt/Edward Street area near 31st Street N.E. was too dark. This 14had resulted in a petition from those residents for a new street light 15which the Mayor presented. 16 17Council Action 18 19Motion by Sundland, seconded by Ranallo to direct staff to contact NSP to 20install a street light wherever feasible in the 3100 block of Edward 21Street N.E. and to contact the residents in that block to let them know 22the light location. 23 24 Motion carried unanimously. 25 26Makowske Reports May 20th Ramsey County League of Local Governments 27Meeting •28 29A speaker at the above meeting had given an insight into what people are 30looking for in commercial and residential buildings, the Councilmember 31reported. She indicated most prospective residential dwellers seem to 32want more water and greenery around them. Councilmember Makowske said 33she would like to have Dick Krier consultant to the H.R.A. on completion 34of Phases II and III of the Kenzie Terrace Redevelopment Project contact 35the RCLLG speaker, Mr. Katter, of Rosewood Corp. , to get some ideas from 36him related to providing more of those amenities for the Kenzie Terrace 37project now that the study of that project has proposed reducing the 38number of housing units. 39 40Councilmember Will Report on Special RCLLG Meeting on St. Paul Water, May 4127th 42 43Councilmember Makowske indicated she intended to attend the above meeting 44for which Mr. Childs had included a notice in the agenda. Mayor Sundland 45thanked her for promising to report back what she could learn from that 46meeting related to the taste and odor of the water the city might have to 47get from Roseville this summer. 48 49St. Anthony Has Joined the Fresh Water Society 50 51Councilmember Enrooth said the above membership had come at his urging. 52He said this was a good way for the City to stay informed regarding the • 53impact of water usage as well as shortages are going to have on this 54country because we' re using water faster than we can get it out of the 1 -9- • 2 abase daily of the underground water supply when compared to the 68 tons 4of TCE' s which had been drawn from only two small testing sites. 5 6Councilmember Ranallo Designated to Vote for City at LMC Conference 7 Motion by Sundland, seconded by Makowske to designate Councilmember 9Ranallo to cast St. Anthony' s vote for LMC officer at the League of 1OMinnesota Cities conference in Rochester. 11 12Voting on the motion: 13 14Aye: Sundland, Makowske, Enrooth. 15 16Abstention: Ranallo. 17 18 Motion carried. 19 20The other Councilmembers told the designate their preferences for LMC 21Vice President. 22 23City Representatives Find Optical Scan Voting Machines Very Effective 24 25Carol Johnson and Larry Hamer were present for the Rochester election 26where the results were returned from the above within 22 minutes of the 27polls closing. Mr. Childs indicated staff had gotten some very helpful • 28pointers on the use of the machines at the next election and were trying 29to get one of the machines to set up in the City offices so residents 30could practice voting on it. 31 32Manager to Continue Negotiating Purchase of Parkview Building at June 4th 33Meeting with District #282 School Board Representatives 34 35Mr. Childs indicated thee had been no major objections from the School 36Board to the preliminary agreement the City had presented for their 37response although the comment had been made that the agreement was 38perceived to be drafted to the City' s benefit. 39 40Chamber to Receive a Legislative Wrap-Up at Luncheon at Chandler Place, 41June 16th 42 43Mr. Childs said this meeting had been agreed to by the legislators who 44had attended the Chamber' s May 5th breakfast meeting but so far only 45Representative Rose had responded to the invitation to attend. The 46Manager is still attempting to contact Senator Marty, he said. 47 48NEW BUSINESS 49 50$690,000 Liquor Store Revenue Bonds Sold for Stonehouse Remodeling and 51Addition Project 52 �53Mr. MacGillivray of Springsted, Inc. discussed the list of bidders for 54the above who had participated in the bid taking at 11:00 A.M. that 1 -10- • 2 3morning. He reported what he knew about the McClees Investments Inc. who 4had submitted the low bid of $676 ,890 .00 at 7 . 87% for the bonds. The 5financial adviser reminded the Councilmembers that 30 days ago 6Springsted had estimated the interest rate at 8 .75% and since that time, 7the interest rate had shot up to where a 9% rate could have been 8expected. The lower interest rate means the annual debt service would 9probably go down about $5 ,000 as would the funded reserve the City would 10have to maintain, Mr. MacGillivray said. Although McClees Investments llis a relatively new firm, the firm principal is John Eiden, who used to 12be with Dain Bosworth. He said the firm had always come through with 13other deals Springsted had with them. 14 15Council Action 16 17Motion by Ranallo, seconded by Enrooth to adopt Resolution 87-021 and to 18accept the low bid of $676,890 .00 at 7.87% and award the contract for 19$690,000 in Liquor Store Revenue Bonds for the Stonehouse project to 20McClees Investments, Inc. 21 22 RESOLUTION 87-021 23 24 A RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM 25 AND DETAILS AND PROVIDING FOR THE PAYMENT OF 26 $690 ,000 LIQUOR STORE REVENUE BONDS, SERIES 1987 27 •28 Motion carried unanimously. 29 30Council Approves Umbrella Insurance Coverage for City 31 32Mr. Childs reported he and Mark Flaten of American Risk had been able to 33negotiate umbrella coverage at $16,985 for a million dollars coverage 34which was a decrease from $17,303 paid last year. He said they had not 35yet completed negotiations with the League regarding higher deductibles 36for the City' s property coverage. 37 38Council Action 39 40Motion by Enrooth, seconded by Makowske to accept the bid for umbrella 41coverage at $16,985. 00 for a million dollars coverage as recommended by 42staff . 43 44 Motion carried unanimously. 45 46UNFINISHED BUSINESS 47 48City Attorney Advises on Ordinance Which Imposes a Penalty for Violation 49of the Emergency Sprinkling Ban 50 51Councilmembers had been provided with copies of Section 245: 30 through 52245: 55 of the City Ordinance, which provided for the above. The Manager • 53read that portion of Section 245: 45 which was missing from their copies. 54 1 -11- • 2 3Because the issue had become germane to the current City water problems, 4Mr. Soth suggested the sprinkling ban declaration should be officially 5published in the same manner as other notices are, even though a story on tithe ban had already been run in the Bulletin the previous week. There 7was concurrence that the sprinkling ban would probably have to remain in 8effect the entire summer to avoid problems if one of the wells should 9break down. 10 11ADJOURNMENT 12 13Motion by Ranallo, seconded by Enrooth to adjourn the meeting at 8: 35 14P.M. 15 16 Motion carried unanimously. 17 18 19 20Respectfully submitted, 21 22Helen Crowe, Secretary 23 24 25 26 n� . 27 U •28May r 29 30 31 32ATTEST• 33 City Clerk •