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HomeMy WebLinkAboutCC MINUTES 10241989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII ioisia Box: 21 Folder: CC MINUTES AND AGENDAS 1989 Document: CC MINUTES 10241989 11 1 CITY OF ST. ANTHONY • 2 CITY COUNCIL MINUTES 3 OCTOBER 24, 1989 4 The meeting was called to order at 7: 30 P.M. with the Pledge of 5 Allegiance led by Mayor Pro Tem Ranallo. 6 ROLL CALL 7 Present: Marks, Ranallo, Enrooth, Makowske. 8 Absent: Sundland. 9 Also present: Acting City Manager Sue VanderHeyden 10 City Attorney William Soth 11 Ranallo advised that Mayor Sundland is ill . 12 APPROVAL OF MINUTES 13 Motion by Marks, seconded by Enrooth to approve the minutes of the July 14 13 , 1989 Special Session of the City Council; the July 20, 1989 Special 15 Session of the City Council, the October 10, 1989 Special Session of the 16 City Council, and the October 10, 1989 City Council Meeting with the &7 following corrections: 18 Page 1 , line 18 : delete the word "was" and replace with the words 19 "became available" 20 Page 2, line 48: add at the end of the sentence "during the Homecoming.- 21 parade. " 22 Page 3 , line 17: add at the end of the sentence "but not with the 23 existing homes in the block. " 24 Page 3 , line 20: add to the sentence: "in that the shape of the lot was 25 unusual. " 26 Page 5, lines 27 -10/11: should read "operation will be changed to 10_ :00 a.m. 28. to 1 :00 a.m. rather than from 10:00 a.m. to 2:00 a.m. " 29 Page 5, line 30': change the word "has" to "had" 30 Page 6, line 1 : should read "in the report involving .20 blood alcohol 31 and higher. " 32 Page '6, line 11 : add "due to the poor health of her father. " 33 Motion carried unanimously. 34 APPROVAL OF LICENSES 35 Motion by.Marks, seconded by Enrooth to approve the contractors licenses 36 for Edgework Builders, Inc. of Minneapolis and for Standard Water 37 Control Systems, Inc. of Crystal; the heating licenses for Apollo 38 Heating and Ventilating Corporation of Oakdale and for Rapid Heating & • 1 Air Conditioning Inc. ; and the motor vehicle starting licenses for J&S 2 Automotive DBA: Apache Mobil and Sroga's Automotive. 03 Motion carried unanimously. 4 PRESENTATION OF CLAIMS 5 A. Verified. 6 Motion by Marks, seconded by Ranallo to approve payment of the 7 verified claims of September 30, 1989 through October 12 , 1989 Liquor 8 Accounts Payable and the October 10, 1989 Accounts Payable. 9 Motion carried unanimously. 10 B. Hayden-Murphy Equipment Company 11 Motion by Makowske, seconded by Enrooth to approve payment of 12 $15, 290.00 to Hayden-Murphy Equipment Company for a Simco Drill Unit 13 and a hydraulic slide base. 14 Motion carried unanimously. 15 C. Calgon Carbon Corporation 16 Motion by Marks, seconded by Makowske to approve payment of $3 ,240.00 17to Calgon Carbon Corporation for a temporary granular activated carbon 08 system. 19 Motion carried unanimously. 20 D. Rieke Carroll Muller 21 Motion by Marks, seconded by Ranallo to approve payment of $438. 38 to 22 Rieke Carroll Muller Associates, Inc. for professional services from 23 August 27, 1989 to September 30, 1989. 24 Motion carried unanimously. 25 E. Metropolitan Waste Control Commission 26 Motion by Enrooth, seconded by Makowske to approve payment of 27 $19,627.86 to the Metropolitan Waste Control Commission for sewer 28 service charges. 29 Motion carried unanimously. 30 F. Duane Grace 31 Motion by 'Ranallo, seconded by Makowske to approve payment of 32 $5,299.50 to Duane Grace for inspection fees and plan review of Autumn 33 Woods. 2 1 Motion carried unanimously. 402 G. Business Records Corporation 3 Motion by Marks, seconded by Makowske to approve payment of $1,162.08 4 to Business Records Corporation for election ballots. 5 Motion carried unanimously. 6 H. Springsted, Inc. 7 Motion by Makowske, seconded by Enrooth to approve payment of 8 $3,425. 35 to Springsted, Inc. for financial advisory services 9 performed from August 15, 1989 through September 15, 1989. 10 Motion carried unanimously. 11 REPORTS 12 A. Council 13 Makowske reported she had attended a meeting of the Ramsey County 14 League of Local Government where pathways and bikeways were discussed. 15 Appropriate markings for these areas was an agenda item. 16 Enrooth and Marks had nothing to report at this time. 07 Ranallo referred the Councilmembers to an invitation received from the 18 City of Anoka to participate in the Halloween Parade on Saturday, 19 October 28th. 20 Ranallo also reported on the most recent meeting of the VillageFest 21 Committee. The dates chosen for the 1990 VillageFest are July 20, 21, 22 and 22. He indicated that the Thorsons have expressed a willingness 23 to chair the VillageFest Celebration for 1990. The second Monday of 24 each month has been selected for the committee's monthly meetings. 25 They will commence at 7:00 P.M. and the location will be determined. 26 Using the Council Chambers had been suggested. The City Attorney is 27 presently putting together the by-laws for the committee. 28 Ranallo advised the Councilmembers that standard meeting dates should 29 be discussed for Council Work Sessions. The first Tuesday of each 30 month was selected with a starting time at 7:00 P.M. An exception to 31 this starting time will be made on Tuesday, November 7th as this is 32 Election Day. The starting time on November 7th will be 8:00 P.M. 33 Approval of Hiring of New City Manager 34 Motion by Marks, seconded by Makowske to hire Thomas Burt as the St. 35 Anthony City Manager effective November 13, 1989. Mr. Burt is 0 3 1 presently the Assistant to the City Manager in the City of Brooklyn 2 Park. �3 Ranallo stated that members of the Council had been the Search 4 Committee for the City Manager. He noted that this had taken longer 5 than if a search firm had been employed, but had saved the City 6 approximately $20,000. He also noted that the St. Paul paper had 7 prematurely written about the hiring of this particular person and had 8 actually reported it before Council approval had been given. 9 Marks felt that the single most important decision the Council makes 10 is that of hiring a City Manager. 11 Proclamation - Pornography Pollution Awareness Week 12 Motion by Marks, seconded by Makowske to approve the proclamation 13 regarding Pornography Pollution Awareness Week, October 29 through 14 November 5, 1989. 15 Motion carried unanimously. 16 B. Departments and Committees 17 There were no department or committee reports. 18 C. Acting City Manager 9 The Acting City Manager provided a summary report on the Silver Lake 0 Road Reconstruction Project. She advised that this project is being 21 done primarily for safety reasons. There has been a fatality in this 22 area and pedestrians have been requesting some safeguards on this road 23 since the 19701s. 24 The Acting City Manager advised the Council that bids have been 25 received for a permanent filtration plant. On November 17th there 26 will be an informal meeting regarding this project for general 27 contractors and sub-contractors. 28 NEW BUSINESS 29 A. Approval of Bids for Repairs to Well #3 30 Motion by Marks, seconded by Makowske to award the bid for the repair 31 of Well #3 to Rieke Carroll Muller and Associates in the amount of 32 $3 ,600.00. Marks inquired if this bid is just for engineering work 33 and wasladvised by the Public Works Director that it was. The Public 34 Works Director also noted that the associated costs may not be that 35 high but this was a "not to exceed" figure. 36 Motion carried unanimously. • 4 1 B. Award of Recycling Container Bid •2 The Acting City Manager distributed copies of the new bids and she 3 explained the changes. The original bid included containers for 4 apartments. Apartments should not have been included in the bid and 5 the quantity was revised from 3 ,700 to 2 ,500. She advised that the 6 bins will all be blue in color and will have the "St. Anthony" logo 7 on them. The City will receive $5.00 per household for bins from 8 Hennepin County. She is negotiating with Ramsey County regarding 9 funds available for reimbursement to the City. The remaining costs 10 will come from the City's Beautification Fund. The City Attorney 11 advised that there was no need to rebid this project. 12 Motion by Enrooth, seconded by Marks to award the bid for recycling 13 containers for the City of St. Anthony to Rehrig Pacific Company in 14 the amount of $13 ,000.00. 15 Motion carried unanimously. 16 C. Proposed Alley Closing - Silver Lake Road and Coolidge 17 The Public Works Director supported making this alley one-way, 18 travelling east for approximately 125 feet rather than closing off the 19 alley altogether. He reviewed with the Council the survey results 20 from affected property owners adjacent to this alleyway. Enrooth felt 21 closing off the alleyway entirely would cause more problems and just 22 solve one. Makowske inquired if there had been any accidents in this V3 alleyway. She was advised there had been none. 24 The original request regarding this alleyway was to close the alleyway 25 to prohibit its use by vehicles on Silver Lake Road. It was felt by 26 the property owner making the request that this alley was utilized 27 by motorists when there was congestion on Silver Lake Road. 28 Motion by Enrooth, seconded by Marks to make the alleyway between 29 Silver Lake Road and Coolidge Street one-way travelling east for 30 approximately 125 feet and to install two signs, one "no left turn" 31 and one "one way. " 32 Motion carried unanimously. 33 PUBLIC HEARING 34 The public hearing regarding Ordinance 1989-002 was opened by Mayor Pro 35 Tem Ranallo at 8:01 P.M. 36 This hearing is to hold the first reading of Ordinance 1989-002 which 37 addresses hours of operation for restaurants and drive through 38 restaurants. 39 Mayor Pro Tem Ranallo read the notice of the public hearing which 40 appeared in the October 18, 1989 issue of the St. Anthony Bulletin. • 5 1 Ranallo gave the history of the proceedings at the previous Council •2 meeting when this issue had been discussed. He noted that the St. Paul 3 paper had incorrectly reported that the ordinance had passed, when 4 actually what had passed was a motion to bring the ordinance for the new 5 hours before the Council at their next meeting. Ranallo had voted 6 against the motion. 7 Joe DiSanto, representative of the company who manages the St. Anthony 8 Shopping Center, advised the Council he had been unaware of the 9 ordinance requirement which prohibited restaurants remaining open later 10 than 1:00 a.m. He noted that his prospective tenant, Clark's Submarine 11 Sandwiches, had traditional hours of operation in all of its restaurants 12 until 2 :00 a.m. 13 Clark Armstead, owner of Clark's Submarine Sandwiches, stated being 14 allowed to remain open until 2:00 a.m. was critical to this operation's 15 success or failure. 16 The Acting City Manager distributed a copy of the existing closing hours 17 of operation for restaurants/drive-throughs in the City to the Council. 18 Ranallo stated his opposition to an ordinance change. He felt St. 19 Anthony is a "bedroom" community and the additional traffic this type 20 of operation would have late into the morning would be a disturbance. 21 Mayor Pro Tem Ranallo also stated that he had talked to a number of 22residents, one of whom wished the Shopping Center closed at 10:00 p.m. 03 None of the residents he talked to wanted the hours to be extended. 24 Makowske observed the Council is being asked to make a policy change. 25 She has given this request considerable thought since the last Council 26 meeting and is of the opinion that the residents prefer the "bedroom" 27 community position. She stated she had received phone calls and letters 28 regarding this issue and concluded that to represent the residents she 29 would support the ordinance remaining as it is. 30 Marks was of the opinion that other restaurants in the community would 31 not change their hours of operation. He referred to letters about this 32 issue and noted that only one addressed traffic. 33 Enrooth noted he had not been contacted regarding this issue, but 34 referred to the letters received from business people in the St. Anthony 35 Shopping Center. He observed that one of them is going out of business 36 and the other expressed an interest in staying in the Center but the 37 costs were prohibitive. 38 DiSanto advised the Council he had personally contacted the business 39 people mentioned, noting that they had month-to-month leases. He wanted 40 them to commit to long term leases. He felt they were not being forced ,41 out of the Center. • 6 . t 1 Ranallo felt DiSanto at the previous Council meeting was telling the 2 Council how to run the City. DiSanto inquired if the rest of the •3 Council shared Ranallo's opinion and if they did he would make a public 4 apology as it was not his intention to tell the Council how the City 5 should operate. No one on the Council verbally concurred with Ranallo 6 and DiSanto did not make an apology. DiSanto observed that no one spoke 7 against the ordinance change at this meeting nor had the hours been a 8 problem at the Planning Commission meeting. 9 Ranallo noted he had discussed this issue and other agenda items with 10 the Mayor during a telephone conversation. 11 Ranallo felt the Council was addressing two issues: 12 1. A change to the City ordinance concerning the hours of operation of 13 restaurants and drive-throughs, and 14 2. The management company's business with the St. Anthony Shopping 15 Center's existing tenants and the second issue is not one that the 16 Council can address. 17 Motion by Enrooth, seconded by Marks to close the hearing at 8:25 P.M. 18 Motion carried unanimously. 19 Marks observed that no one came to the meeting to speak against this 20 ordinance nor did anyone call City Hall regarding the ordinance. He 01 doesn't feel the later hour for closing this restaurant will change the 2 nature of the community. 23 Motion by Marks, seconded by Enrooth to approve the first reading of 24 Ordinance No. 1989-002. 25 Roll call: Marks, Enrooth - aye. Ranallo, Makowske - nay. 26 Motion fails for lack of a majority. 27 The City Attorney stated that this issue can be proposed for Council 28 consideration again in the future. 29 UNFINISHED BUSINESS 30 META Parking Lot Proposed for 2701 Kenzie Terrace 31 Daniel Tyson, legal counsel for META Operating Limited Partnership 32 (META) , appeared before the Council to request a twelve month extension 33 to a variance granted by the Council on July 26, 1989. This variance 34 was granted subject to a three month review. Tyson advised the Council 35 that at this point in time, there has been no progress in the 36 development of the parking lot. He noted the delay was primarily due 37 to the discovery of possible contamination of the ground water and 38 subsequent involvement of the Minnesota Pollution Control Agency (MPCA) . 0 7 • i 1 Tyson also stated the continuation of the variance is also being 2 requested to address resident needs and whether an asphalt surface would •3 meet remediation requirements. 4 Ms. Jeanne Krajna, spokesperson for occupant/owners at Kenzington, 5 stated their objection to the use of Kenzington Homeowners Association 6 funds to provide parking on a lot which would not be their lot and whose 7 future ownership and availability is uncertain. She noted that 8 initially residents were promised ample parking to suit resident needs. 9 It was observed that the majority of the units at Kenzington are leased 10 from META and not owned. When the project first came before the Council 11 it was envisioned that most, if not all , of the units would be purchased 12 rather than leased. In the ensuing months the condo market became soft 13 and the majority of the units were leased. 14 Ms. Krajna stated property for the proposed parking lot could be sold 15 next year and the residents would again be in need of parking spaces. 16 Tyson said the primary purpose of this lot was for overflow parking and 17 that no one at META has really looked at the request for a permanently- 18 improved parking lot. 19 Marks observed that Kenzington residents are requesting the City to act 20 as a negotiator with META. He feels a long term solution would be for 21 the Kenzington complex to have a majority of its residents be owners 22 not leasers. 3 Enrooth felt META would also have preferred to have had all of the 4 condos purchased and not leased. He was of the opinion that the 25 resident owners have lost faith in META and that they believe the 26 salespeople are not putting much genuine effort into selling the condos. 27 Ranallo said that while the Council is truly interested in residents' 28 opinions and would like to see this situation resolved, it is a problem 29 between the Homeowners Association and META. He noted that parking on 30 the property behind the Kenzington would not require a variance and 31 would accommodate twelve parking spaces. 32 The City Attorney advised that this situation is not really something 33. the City can do anything about. He said that if residents feel it is 34 not proper for META to be spending Association money on its own 35 property, the issue must be taken up with META. 36 Tyson stated that the Kenzington Board of Directors approved $6,000 to 37 be used to develop a parking lot. It was decided that no rent would 38 be charged for using this lot and it would be available for use for one 39 year. Tyson prefers not to withdraw the request for an extension of 40 the variance. He advised that META has a meeting scheduled in December 41 where this issue will be addressed. 42 Motion by Enrooth, seconded by Marks to table action for the extension 43 of the variance. 8 r t 1 Motion carried unanimously. 02 John Zahhos, 2808 Silver Lake Road, addressed the action taken earlier 3 in the meeting by the Council regarding the alley between Coolidge 4 Street and Silver Lake Road. He was supportive of closing the alley. 5 He felt there was no clear mandate for action from the survey circulated 6 to affected property owners. He expressed his gratitude to the Public 7 Works Director for prompt attention to* this matter and to the Council 8 for the action taken. 9 The Acting City Manager advised the Council that presently there are no 10 containers available for recycling in apartment buildings. She will 11 pursue this matter with Gallagher Haulers. Enrooth requested the Acting 12 City Manager to pursue with the hauler what materials will be taken and 13 bring this information back to the Council. 14 It was noted that presently cardboard and glass is being picked up from 15 the Kenzington and a program for recycling plastic is being developed. 16 ADJOURNMENT 17 Motion by Marks, seconded by Enrooth to adjourn the meeting at 9:15 P.M. 18 Motion carried unanimously. 19 Respectfully submitted, • 20 !- 21 o-Anne Student 2 Council Secretary 23 24 Mayor 25 ATTEST: 26 City Clerk • 9