HomeMy WebLinkAboutCC MINUTES 11241987 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
101635
Box: 21
Folder: CC MINUTES AND AGENDAS 1987
Document: CC MINUTES 11241987 '
C=TY O F S T . ANTHONY
. C OUN C 2 L M=NUT E S
NOVEMBER 2 4 1 9 8 7
1 The meeting was opened at 7 : 35 P.M. with the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske.
4 Also present: David Childs, City Manager
5 William Soth, City Attorney
6 NOVEMBER 10 , 1987 COUNCIL MINUTES
7 Motion by Marks, seconded by Enrooth to approve with the following
8 changes:
9 Page 5 , line 32 : Complete "before" at end of line.
10 Page 7 , line 12 : Correct typo "had" after "Childs" .
11 Motion carried unanimously.
12 LICENSES%PERMITS/PETITIONS
13 Motion by Ranallo, seconded by Marks to grant a contractors license to
14 the V.P.M. Corporation in Minneapolis, as listed in the November 24th
•15 agenda packet.
16 Motion carried unanimously.
17 CLAIMS
18 Motion by Marks, seconded by Ranallo to approve payment of all liquor
19 and City accounts payable listed for October 31st in the November
20 24th Council agenda packet with the exception of the six payments to
21 Cindy Carpenter, on which the Manager will check and report further at
22 the next meeting.
23 Motion carried unanimously.
24 Motion by Ranallo, seconded by Makowske to approve payment of $4 , 000
25 to Rieke Carrol Muller Associates for engineering services on the
26 Kenzie Terrace traffic signal through October 31st.
27 Motion carried unanimously.
28 Motion by Marks , seconded by Enrooth to approve payment of $556 . 00 in
29 dues to the National League of Cities for membership from February 1 ,
30 1988 through January 31, 1989.
31 Motion carried unanimously.
•
1
1 Motion by Makowske, seconded by Marks to approve payment of $2 , 392. 50
2 to BWBR Architects for administration services on the liquor warehouse
3 addition through October 21st to be paid from the Liquor Fund.
4 Motion carried unanimously.
5 Motion by Ranallo, seconded by Enrooth to approve Change Order 02 for
6 $693 . 00 to include a ten day contract extension to Fullerton Lumber on
7 the above addition, as presented by the City Manager.
8 Motion carried unanimously.
9 Motion by Marks, seconded by Makowske to approve payment of $2,847. 39
10 to the Briggs and Morgan law firm for professional services provided
11 in connection with the City' s lawsuit against the U.S. Army et al
12 related to St. Anthony' s water contamination problems.
13 Motion carried unanimously.
14 Consultant ' s Bill To Be Submitted Later
15 Mr. Childs indicated he had held up a bill from Bruce Liesch As-
16 sociates for their services in preparing expert testimony related to
17 the above litigation because he had asked the attorneys to provide a
18 memo detailing those costs.
19 AGENDA ADDENDUM
IW0 Councilmembers had been provided with copies of the November 24th
21 "Summary of Concerns" from the Brighton Village Homeowners Associa-
22 tion related to the development of common areas in the townhome
23 project on Old Highway 8 , which was presented by the Association Board
24 President, Norm Arne, and Secretary, Arne Sorlien. Staff was re-
25 quested to work with the Association and to keep the Council informed
26 related to those negotiations.
27 REPORTS
28 COUNCIL
29 Enrooth Reports Attendance at Very Informative Water Conference,
30 November 19th and 20th
31 The Councilmember indicated he perceived the other Councilmembers
32 would have the same interest in the proposals for funding storm sewers
33 and 509 projects as he had and said he would therefore be sending
34 around the materials related to those subjects which he had brought
35 back with him from the meeting in the Earle Brown Continuing Education
36 Center on the St. Paul Campus.
37 Ranallo Proposes Sharing Insurance Trust Refund with Employees
• 2
1 Councilmember Ranallo indicated he had learned at the League of
2 Minnesota Cities Board meeting the previous Tuesday that the League ' s
3 Insurance Trust in which St. Anthony is a participant, had been able
4 to save 1 . 2 million dollars last year, a good portion of which could
5 be attributed to the loss prevention programs adopted by most of the
6 municipal participants. The City had been issued a check for $5,700
7 and Mr. Childs indicated he expected future checks would probably
8 exceed the $15,000 Councilmember Ranallo had estimated.
9 Perceiving these refunds would never have been possible without the
10 strong safety measures undertaken by City employees to keep the
11 claims down, Councilmember Ranallo said he would like to see them
12 share in some of the money which had already been sent and he
13 suggested that if the City Attorney' s research showed it would be
14 legally permissible, $750 be spent towards food purchases for the
15 employees ' Christmas party, December 13th.
16 Carol Johnson, the City' s Finance Director, was present to provide
17 input towards other matters on the agenda and she indicated she agreed
18 with Mr. Childs that this indication of the Council' s appreciation for
19 employees ' efforts would be well received.
20 The suggestion was greeted with enthusiasm by the other Councilmembers
21 who perceived that since the City is unable to give bonuses and safety
22 award programs had not yet been established, this would be one way of
23 letting the employees know their efforts were really appreciated.
4� 24 Council Action
25 Motion by Ranallo, seconded by Marks as a token of the Council' s
26 appreciation of employees ' efforts to keep insurance claims down, to
27 direct $750 of the League Insurance Trust refund be spent to under
28 write part of the costs of the employees Christmas Party, December
29 13th.
30 Motion carried unanimously.
31 Marks Continuing Planning and Zoning Institute Service
32 He had the opportunity of conducting the government training seminar
33 in New Ulm last week and the Councilmember reiterated the schedule of
34 institutes which would include training sessions at the Earle Brown
35 Continuing Education Center on the St. Paul campus in which he would
36 be involved during December and January.
37 DEPARTMENTS AND COMMITTEES
38 *The October Financial Report was ordered filed without comment.
39 *During the consideration of Prosecutor Hance' s November 10th
40 report on matters his firm had handled for the City at Hennepin
41 County District Court, November 4th, Councilmember Marks drew
3
• 1 attention to the number of bench warrants issued for non-appear-
2 ance, saying they averaged three per day in this report. He
3 also found the number of complaints filed by the St. Anthony
4 police to be "incredible" . The Hance & LeVahn, Ltd. report was
5 then ordered filed for future reference.
6 Council Perceives Too Many Problems Involved in Allowing Pull Tabs in
7 City
8 Because the City Attorney' s services were only required in conjunction
9 with the continuance of discussions about amending the City' s charita-
10 ble gambling ordinance and the Lions Club proponents were present, the
11 Mayor, with the Concurrence of the other Councilmembers, moved the
12 matter up on the agenda.
13 The existing ordinance had originally been adopted in response to
14 proposals that a professional fund raiser operate a Bingo Hall to
15 include the sale of pull tabs on behalf of a consortium of charitable
16 organizations, including the March of Dimes and Sister Giovanni ' s
17 activities in St. Paul.
18 Since that time, the Council had received written requests to amend
19 the ordinance to allow the sale of pull tabs in municipal liquor
20 stores from the St. Anthony Lions Club and the Hennepin County Humane
21 Society. The St. Anthony Boosters Club had verbally requested the
0-2 same from Mayor Sundland. In the meantime, members of the Lions Club
23 had vigorously lobbied each Councilmember at home and the
24 organization' s President, Ken Girard, as well as Lions members Oscar
25 Norgren and Wes Henry, were in attendance for further input to the
26 discussions.
27 The Mayor recalled for the benefit of those present that the City of
28 Minneapolis had officially accepted this form of charitable fund
29 raising recently and said Ray Nelson, the City' s Liquor Manager, had
30 indicated he perceived the activity might benefit his operation.
31 The legal ramifications of having pull tabs sold in municipal liquor
32 stores had been fully explored in memoranda from both the City
33 Manager and Attorney, which had been included in the Council' s October
34 22nd agenda packet. However, a decision had again been deferred for
35 further information from the Lions Club related to the international
36 organization' s activities in Kenya, which had been of particular
37 concern to Councilmember Makowske.
38 Mr. Soth added to the information he had previously given by saying:
39 *if the Council simply approved the sale of pull tabs in
40 St. Anthony, Minnesota law would permit any applicant to get a
41 license from the state unless a resolution against that license
- 42 were adopted within 30 days;
4143
4
• 1 *however, that veto power would have to be supported by very
2 good reasons for denying a license to only that applicant;
3 *the City could conceivably establish regulations and restric-
4 tions to limit the locations, and even restrict the operations
5 to local organizations, but the basis for those distinctions
6 would have to be specifically defined, not arbitrary.
7 Councilmembers acting as "devil' s advocates" proposed various worst
8 case scenarios related to what could happen if the pull tab sales were
9 restricted to municipal on-sale liquor stores.
10 Ranallo: wondered if the two bowling alleys where the City permits
11 the sale of 3 . 2 beer would question the City' s allowing
12 pull tabs to be sold only in their own on-sale establish-
13 ments.
14 Childs: indicated he had given some thought to that happening and
15 had concluded 3 . 2 beer did not meet the qualifications for
16 alcoholic beverages which the City desires to control by
17 restricting sales to only municipally operated facilities;
18 said the same argument could probably be made related to the
19 Council' s desire to control gambling activities by limiting
20 such operations only to locations which the City controls.
W1 Soth: agreed that the City might be able to legitimately argue
22 that it would only be in municipally run locations that the
23 City could oversee gambling operations; but
24 another interpretation might be made that St. Anthony was
25 limiting the operation to its own .facilities for its own
26 gain.
27 Sundland: suggested the response to that interpretation would probably
28 be that state law already established that rents which the
29 City may charge may not exceed those which would be reason-
30 ably charged for the square footage the pull tab operation
31 used and not based on a percentage of the profits.
32 Soth: said he didn' t think the issue was quite that simple because
33 someone might then make the argument that by restricting the
34 operation to only municipally run facilities, St. Anthony
35 might be trying to circumvent the law which says the City
36 can' t issue a license for the sale of pull tabs.
37 Childs: said he understood New Brighton had restricted the pull tab
38 operations to only on-sale and not 3 . 2 facilities in their
39 city, which include charitable organization restaurants and
40
41 bars as well as private establishments which are licensed to
•42 sell liquor.
5
•
1 Ranallo: asked whether the City could limit the causes which would be
2 supported by pull tab profits to only those which benefit
3 St. Anthony citizens.
4 Soth: told him. the law had just been amended to prevent cities
5 from "requiring an organization to make specific expendi-
6 tures of more than ten percent from its net profits derived
7 from lawful gambling. "
8 Enrooth: said he understood the City could only direct that ten per-
9 cent stay within the municipality but could not specifi-
10 cally direct to which cause it would go.
11 In view of the above restrictions, Councilmembers indicated their
12 intent related to changing the ordinance as follows:
13 Marks: perceived the Councilmembers had already made an ordinance
14 decision that to avoid giving only one or a few organiza-
15 tions the right to- conduct charitable gambling in the City,
16 it would be better just to say "no" to all of them; and
17 he personally thought that should be the Council' s stand
18 at this time no matter what pressures are applied or what
�19 good causes are involved.
20 Enrooth: perceived the control the City could have would be only
21 minimal in terms of groups or numbers because there would
22 most likely be at least ten different local groups who
23 would qualify for licenses from the state while the City
24 would only be able to contract with one or two of these
25 if pull tab sales were restricted to only the two municipal
26 on-sale operations;
27 added that the Council had just made a substantial financial
28 investment towards upgrading the atmosphere in the Stoneho-
29 use and he could not see where pull tabs would lend themsel-
30 ves towards improving that image;
31 said he had not changed the perception he had when the
32 Council had originally taken a stand against pull tabs that
33 "this type of activity would not be one I want to see in
34 St. Anthony. "
35 Ranallo: indicated he understood the most lucrative locations for
36 pull tabs right now were bowling alleys and he anticipated
37 the owners of the two City alleys would be questioning the
38 City' s decision to keep the operations in their own facili-
39 ties ;
1040
41 perceived the City would probably be facing the same diffi-
42 culty saying no to an organization once this type of
6
• 1 activity is allowed in the City, as it now faced refusing
2 to let an amusement arcade go into Apache with the Fun
3 Center operating in another shopping center;
4 questioned whether the City might not be discriminating
5 against what is perceived to be a desirable thing for
6 St. Anthony, the non-alcoholic Alternative bar, when it
7 restricted the pull tabs to the municipal liquor establish-
8 ments;
9 concluded that the ten percent the City would get to keep
10 was not worth the hassle the City might expect to get from
11 very worthy applicants, including the City' s own Fire
12 reserves.
13 Makowske: agreed with Councilmember Marks that the whole process of
14 making a decision related to pull tabs had been "a very
15 painful one" ;
16 said she had gone from "not liking them at all" to being
17 educated to see them in a different light after attending
18 the Ramsey County League of Local Government' s meeting where
19 she had come to see that there might be some very worthy
20 organizations and causes which would gain from pull tab
21 profits;
0-2 reported she had also almost been convinced by the Lion
23 Club members she talked to that this might be an easy way
24 for the City to make more money, which had been reaffirmed
25 by the Liquor Manager, saying this type of activity might be
26 helpful to his operation;
27 however, after realizing how little control the City would
28 actually have over how the profits are spent, changed her
29 mind and was now leaning towards voting against the pro-
30 posal.
31 Girard Insists 50% of Pull Tab Profits Would Stay In St. Anthony
32 When Mayor Sundland asked the Lions members whether they had anything
33 new to add to what they had already told the Council which might
34 change what he perceived would be at least a 4 to 1 vote against their
35 proposal, the Lion Club President said:
36 *although the City might only be able to make 10% of the profits
37 through rents , there was nothing in the state amendment which
38 would prevent the Lions Club from giving St. Anthony 50% of the
39 profits the club members had already agreed should remain in
40 St. Anthony;
41
s
7
• 1 *said that money could underwrite projects like upgrading the
2 playgrounds, installing lights on the softball diamonds, or any
3 other improvements the City wants to make but can' t budget for;
4 *indicated their own budgets were also limited at this time and
5 the profits from the pull tabs could be used to augment many of
6 the local projects the Lions wanted to do more in;
7 *argued further that most of the profits used for improvements
8 in St. Anthony would come from bar patrons who live outside the
9 City.
10 When Mr. Girard said he had been told the City had the right to
11 direct by ordinance which organizations it preferred, Mr. Soth told
12 him the City couldn' t just arbitrarily choose the Lions Club over
13 other organizations who had indicated an interest, but would first
14 have to establish a class or category with criteria which would have
15 to be met by anyone who fell within that category.
16
17 Councilmember Ranallo indicated that, if that was the case. he
18 perceived it might be difficult to refuse an organization whose cause
19 might not be perceived to be good for the community.
20 Mayor Sundland told Mr. Girard he guessed the Council would have to
21 take the advice of the City Attorney which was based on research they
42 had asked him to do six weeks ago. He reiterated that there was
3 probably no use asking for a motion which four of the Councilmembers
24 had again indicated they would be voting against. He therefore ruled
25 that the Council would not be entertaining a change to allow pull
26 tabs in Ordinance 1987-001.
27 Mr. Girard asked that the Lions Club be included with other organiza-
28 tions to be considered if the Council ever changed its mind, reiterat-
29 ing that he continued to believe such action would benefit the City
30 just as much as his organization.
31 Mr. Soth left the meeting at 8: 30 P.M.
32 CITY MANAGER REPORTS
33 November 17 , 1987 Staff Meeting Notes
34 *Hamer Hopes to Get St. Anthony Boulevard Striped This Week
35 The Manager said the Public Works Director is trying to get
36 Ramsey County to do that work right away so the state engineer
37 can give final approval to the reconstruction project once that
38 is accomplished.
39 *Manager Directed To Prepare Proposal for Goal Setting Sessions
40 in February
•
8
• 1 The Government Training Service offer to facilitate the above
2 had been included in the agenda packet as a reminder that pre-
3 parations should be made soon. Mr. Childs indicated he would
4 summarize what the 1986 session had cost and accomplished and
5 would contact the various facilitators Councilmembers had indi-
6 cated as soon as the Council had decided what the thrust of the
7 sessions should be. He requested Councilmembers let him know
8 which dates they had open for these meetings.
9 Impending Legislation Reported During Mayors Association Meeting,
10 November 18th
11 Mr. Childs said he had represented the Mayor at the above meeting
12 where the North Suburban Mayors Association members had been informed
13 that legislation addressing the costs counties incur with tax incre-
14 ment projects was being considered for the next legislative session.
15 Problems with soil corrections in this type of projects would also be
16 considered, he said.
17 No Action Taken Regarding Ramsey County Library Issue
18 There was no interest on the Council for getting involved in the
19 controversy about where the new library would be sited in spite of
20 the request from the Shoreview Mayor that St. Anthony support his
21 City' s position with the County Commissioners.
2 Childs Guardedly Encouraged After Meeting With Army in Washington,
3 D.C. , November 19th
24 This was the first time the Army representatives had specifically
25 discussed the costs of the damages St. Anthony had suffered from
26 TCAAP groundwater contamination, the Manager said. He indicated the
27 fact that the Army was now asking to see specific documentation
28 related to the City' s long term costs and indicated he perceived
29 their willingness to meet with City representatives in the near future
30 to discuss those hard figures might just possibly mean the Army
31 might at last be ready to settle with the City. He cautioned the
32 Council about being too optimistic, however.
33 First of _ Modeling_ Equipment for Carbon Filtration Plant Expected to
34 Arrive Next Day
35 Although the proposed carbon filtration plant would probably not be
36 fully operational next summer, Mr. Childs said indications now are
37 that there was a chance at least some of the equipment would be
38 delivered by then and work would be underway. He also reported that
39 the modeling equipment is expected to arrive on November 25th and
40 installation of this test equipment would start on December 1st. He
41 indicated it had taken some real effort to overcome some of the snags
42 which had occurred in the process. The Manager was thanked for all
43 he had done to get the project started.
•
9
• 1 NEW BUSINESS
2 Council Adopts Resolution Approving budget Transfer for City Office
3 Remodeling
4 Motion by Marks, seconded by Ranallo to adopt Resolution 87-037 .
5 RESOLUTION 87-037
6 A RESOLUTION MODIFYING THE 1987 BUDGET
7 Motion carried unanimously.
8 City to Take Advantage Perceived Benefits of Investing in LMC' s Money
9 Market Fund
10 The Manager explained why he thought the City would be better able
11 to enhance its investment earnings by joining with other Minnesota
12 municipalities in the above program to be supervised by the League
13 Board of which Councilmember Ranallo is a member.
14 Council Action
15 Motion by Enrooth, seconded by Marks to adopt Resolution 87-038.
16 RESOLUTION 87-038
617 A RESOLUTION AUTHORIZING' ENTRY INTO A JOINT POWERS
18 AGREEMENT IN THE FORM OF A DECLARATION OF TRUST
19 ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA
20 MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING
21 PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS
22 IN CONNECTION THEREWITH
23 Motion carried unanimously.
24 Councilmember Makowske left the meeting at 8: 45 P.M. to visit her
25 husband in the hospital.
26 Council Agrees with Finance Director ' s Recommendation Not to License
27 Condo and Apartment Laundry Facilities
28 Mr. Childs summarized Mrs. Johnson' s November 19th memorandum, which
29 the Council accepted as an addendum to the agenda, to mean staff had
30 changed its mind about "breaking ground" by licensing the above when
31 the survey she had taken indicated there were very few communities who
32 included this type of licensing in their current fee schedules. No
33 Council action was deemed necessary.
34 Council Concurs With Decision to Break Away from Hennepin County' s
35 Health Insurance Program
•
10
• 1 Finance Director Johnson told Councilmember Marks because of its cost,
2 she was recommending this one time use of LOGIS to get the City into
3 the government information systems for participation in the new health
4 insurance consortium formed for that purpose after the County dropped
5 Physicians Health plan from its program.
6 Mr. Childs reported the background history of how the consortium had
7 been formed, indicating he agreed with Mrs. Johnson' s November 19th
8 memorandum recommending execution of the resolution and agreement for
9 membership in the new group. He indicated one paragraph in the
10 agreement would be modified to reflect the City Attorney' s concerns
11 about costs.
12 Council Action
13 Motion by Ranallo, seconded by Marks to adopt Resolution 87-039 which
14 authorizes the execution of the joint powers agreement to participate
15 in LOGIS to coordinate employee health care planning and serve
16 selection with the modification as recommended by the City Attorney.
17 RESOLUTION 87-039
18 A RESOLUTION APPROVING PARTICIPATION IN THE
19 JOINT POWERS AGREEMENT GOVERNING LOCAL
20 GOVERNMENT INFORMATION SYSTEMS (LOGIS)
•21 BY THE CITY OF ST. ANTHONY
22 Motion carried unanimously.
23 Short-Elliott-Hendrickson, Inc. Again Selected to Maintain and
24 Administrate the City' s 1988 MSA Fund
25 Before taking action on the above, the Manager drew the Council' s
26 attention to the fact that the costs for the above service had not
27 gone up since at least 1983 .
28 Council Action
29 RESOLUTION 87-040
30 A RESOLUTION ACCEPTING THE PROPOSAL
31 FROM SHORT-ELLIOTT-HENDRICKSON, INC.
32 FOR ADMINISTRATION AND MAINTENANCE OF
33 CITY' S 1988 MSA FUNDS
34 Motion carried unanimously.
35 UNFINISHED BUSINESS
36 Motion by Ranallo, seconded by Marks to approve the third reading and
37 adopt Ordinance 1987-006 .
•
11
J. ORDINANCE 1987-006
2 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE:
3 PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT:
4 REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
5 ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION,
6 OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF
7 ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF ST. ANTHONY:
8 PROVIDING PENALTIES FOR THE VIOLATION THEREOF: AMENDING
9 SECTION 310 : 00 OF THE 1973 CODE OF ORDINANCES OF THE
10 CITY OF ST. ANTHONY AND ALL OTHER ORDINANCES AND
11 PARTS OF ORDINANCES IN CONFLICT THEREWITH
12 Motion carried unanimously.
13 Council to Hold Only One Meeting in December, Unless Special Meeting
14 is Required for Contract Award on Pedestrian Signal
15
16 The Council will decide whether a December 15th meeting is required
17 for the above at their December 8th meeting, when they will also
18 cancel the December 22nd meeting because of its proximity to the
19 holidays.
20 ADJOURNMENT
21Motion by Marks, seconded by Enrooth to adjourn the meeting at 8: 57
02 P.M.
23 Motion carried unanimously.
24 Respectfully submitted,
25 Helen Crowe, Secretary
26 ` �l
27 Kaydr
28 ATTEST:
29 .City Clerk
30 :cjk
12