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HomeMy WebLinkAboutCC MINUTES 10081991 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 101393 Box: 19 Folder: CC MINUTES AND AGENDAS 1991 Document: CC MINUTES 10081991 1 CITY OF ST. ANTHONY CITY COUNCIL MEETING MINUTES 4 5 OCTOBER 8 , 1991 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 14 2 . ROLL CALL 15 _ 16 Council Present : Mayor Ranallo, Councilmembers Enrooth, Marks , 17 Fleming and Wagner 18 19 Staff Present : City Manager Burt, Management Assistant Urbia 20 and City Attorney Soth. 21 22 23 3 . APPROVAL OF OCTOBER 8 , 1991 COUNCIL MEETING AGENDA 24 25 Motion by Marks , second by Enrooth to approve the agenda for 26 the October 8 , 1991 Council Meeting. Motion carried unanimously 30 31 32 4 . APPROVAL OF SEPTEMBER 24 , 1991 COUNCIL MEETING MINUTES 33 34 Motion by Marks , second by Wagner to approve the minutes of 35 the September 24 , 1991 Council Meeting as presented and there 36 were no corrections . 37 38 Motion carried unanimously 39 40 41 42 43 INTRODUCTION OF NEW POLICE OFFICER 44 45 Mayor Ranallo recalled that Police Chief Engstrom had been 46 charged with forming a Police Department which reflected a 47 "public service" image. He felt that so far he had responded 48 to that charge. 49 50 Chief Engstrom introduced Jack Christman, the newly-hired 51 police officer for the City of St . Anthony. 52 REGULAR COUNCIL MEETING OCTOBER 8 ,- 1991 PAGE 2 4 5 6 The Chief advised that Officer Christman had received a four 7 year degree in Sociology from the University of Wisconsin, 8 Madison. Officer Christman received his Certificate in 9 Criminal Justice from the Law Enforcement Training Center in 10 Edina. Chief Engstrom felt Officer Christman fits in very well 11 with the "community-oriented" police philosophy of St . 12 Anthony. 13 14 Mayor Ranallo and members of the City Council welcomed Officer 15 Christman to the City and to the Police Department . 16 17 -18 5 . LICENSES/PERMITS/PETITIONS 19 20 .21 Contractors Licenses 22 23 Motion by Marks , second by Fleming to approve the contractor' s 24 license for Panelcraft of Minnesota. 25 26 0 Motion carried unanimously 29 30 Motion by Marks , second by Fleming to approve the contractor ' s 31 license for Rodney Mysliwiec, R & R Construction. 32 33 34 Motion carried unanimously 35 36 37 38 Motor Vehicle Starting 39 40 Motion by Marks , second by Fleming to approve the motor 41 vehicle starting license for Dick ' s St . Anthony Service. 42 43 44 Motion carried unanimously 45 46 47 48 6. PRESENTATION OF CLAIMS 49 50 A. Dorsey & Whitney 51 Motion by Marks , second by 'Enrooth to approve payment in the amount of $1 , 895 . 45 to Dorsey & Whitney for legal services rendered through August 31 , 1991 -for various REGULAR COUNCIL MEETING OCTOBER 8 , 1991 PAGE 3 4 5 6 matters concerning the City. 7 8 9 Motion carried unanimously 10 11 12 13 B. Dorsey & Whitney 14 15 Motion -by Marks , second by Enrooth to approve payment in 16 the amount of $5, 090 . 00 for legal services rendered 17 regarding recodification of ordinances . 18 19 20 21 City Attorney Soth advised that this will be the last 22 bill submitted by his firm for recodification legal 23 services as the maximum expenditures authorized by the 24 Council have been reached-and the grant funds have been 25 exhausted. 26 46 Motion carried unanimously 29 30 31 C. Verified Claims 32 33 Motion by Wagner, second by Marks to approve the four 34 pages of verified claims as presented by the Finance 35 Director. 36 37 38 Motion carried unanimously 39 40 41 6. REPORTS 42 43 A. Plannina Commission Report - September 17 , 1991 44 45 Commissioner Werenicz was present representing the 46 Planning Commission . 47 48 49 Setback Variance Reauest - G. Preussner, 2917 31st Avenue 50 Mr. .Preussner requested a variance of thirteen feet , 51 three inches to allow for front yard setback of forty 5 feet ( the ordinance requires as minimum of thirty feet or equal to the average of the adjacent property) for the construction of an addition to the existing single family REGULAR COUNCIL MEETING OCTOBER 8 , 1991 PAGE 4 4 5 6 dwelling at 2917 31st Avenue. 7 8 Commissioner Werenicz noted that this was a straight 9 forward request and that the addition will not encroach 10 any further than was allowable. He referred to the verbal 11 support Mr. Preussner had received from some of his 12 neighbors who had attended the Planning Commission 13 meeting. He noted the neighbors had also mentioned the 14 water problems which had been experienced over the years 15 on this property. They felt the only acceptable location 16 for this addition was as selected by Mr. Preussner. 17 18 The Planning Commission recommends approval of the 19 request with the condition that the siding be completely 20 done on the new addition and the front of the house when 21 the addition is put on and that the remainder of the 22 house be sided within one year. 23 24 Councilmember Marks questioned the need for requiring 25 this variance. The City Attorney responded that the 26 present ordinance required it but that the ordinance could be amended. He felt this requirement gave the City some advantage in that there would be more control 29 afforded to the City when dealing with substandard 30 buildings . 31 32 Councilmember Marks felt the "hardship" was created by 33 the wording of the ordinance. 34 35 Councilmember Enrooth inquired if Mr. Preussner intended 36 to replace the garage which is presently on the property. 37 He questioned if there would be room for two cars to be 38 parked once the addition was put on . Mr. Preussner stated 39 he plans on replacing the garage eventually and that 40 there is sufficient room to park two cars at the present 41 time . 42 43 Motion by Marks , second by Enrooth to approve the 44 variance of thirteen feet , three inches for 2917 31st 45 Avenue as the request does meet the three conditions 46 necessary for approval , water is a hardship, no one 47 appeared in opposition of the request , and the distance 48 from 31st Avenue is not greater than what it is currently 49 with the existing building. Approval of the variance is 50 contingent upon the siding of the south and east sides 51 being done on the new construction at the time it is completed and the north and west sides to be done within one year of the granting of the variance . 1 REGULAR COUNCIL MEETING OCTOBER 8 , 1991 0 PAGE 5 4 5 6 Motion carried unanimously 7 8 9 Mayor Ranallo felt' the Planning Commission did a great 10 deal of work on the recodification and commended members 11 of the Commission . The City Manager advised the Planning 12 Commission will commence reviewal of the Sign Ordinance 13 at its October 15th meeting. 14 15 16 B. COUNCIL REPORTS 17 18 19 Report of Councilmember Wagner 20 21 Councilmember Wagner had nothing to report at this 22 time. 23 24 25 Report of Councilmember Fleming 26 Councilmember Fleming addressed approximately two hundred and fifty sixth, seventh, and eighth grade students at 29 the Middle School . Her topic was "Turning Off the 30 Violence" and she felt it was very well received. The 31 Mayor thanked her for this work. 32 33 Councilmember Fleming also attended the demonstration at 34 Wilshire Park School put on by the City- and the School 35 District . She felt this venture was very worthwhile and 36 a good example of the City and the School District 37 working together. 38 39 40 Report of Councilmember Enrooth 41 42 Councilmember Enrooth advised the Council there is a 43 wrap-up meeting of the Village Fest Committee scheduled 44 for Monday, October 14th. 45 46 47 Report of Councilmember Marks 48 49 Councilmember Marks had nothing to report at this time. 50 51 5 Report of Mayor Ranallo The Mayor advised that there is a Senior Issues Forum REGULAR COUNCIL MEETING OCTOBER 8 , 1991 PAGE 6 4 5 6 scheduled for October 28th. It will be held at Chandler 7 Place from 10 : 00 a .m. to 11 : 30 a:m. and is to be hosted 8 by Representative Mary Jo McGuire. 9 10 On Wednesday, October 2nd a meeting was held regarding 11 the upcoming D.A.R. E. fundraiser. The fundraiser is 12 scheduled for November 22nd and will feature a 13 performance by Paul Todd. 14 15 There will be -seating for seven hundred people and the 16 Mayor noted he is in receipt of one hundred tickets which 17 are to be sold. He indicated a willingness to supply 18 tickets to be sold to members of the City Council and 19 staff . He noted that members of the Students Against 20 Drunk Driving (SADD) wi-11 be selling tickets as will 21 members of the Police Department and Community Services 22 Officers . 23 24 Mayor Ranallo stated that members of the City Council 25 will serve as ticket takers and ushers at the event . He 26 will request members of the School Board to serve in this 0 same capacity. 29 The Mayor noted that a portion of the costs of the 30 entertainment has already been paid for and that other 31 donations are expected. The City Manager advised that 32 $1 , 500 has been contributed by the Eagles Club and $1 , 000 33 has been donated by Chandler Place . Some mention has been 34 made that a donation will be forthcoming from Tri-City 35 American Legion . 36 37 It was observed that the more donations received for 38 covering the cost of the Paul Todd Show will be realized 39 in a larger total of funds which can be given to the 40 D.A.R. E. Program. 41 42 The City Manager stated that many people involved in the 43 D.A.R. E. Program will be attending as this is the first 44 fundraiser being given for the Program. 45 46 Mayor Ranallo has contacted Steve Grimm and Colleen Ray 47 regarding their participation on a fundraiser for the 48 D.A.R. E. Program. They appear to be interested. He will 49 follow through on this matter. 50 51 The Mayor stated that the Columbus events were kicked off on Sunday, October 6th at Apache Plaza. He reminded the 10 Council of some of the activities which will be occurring during the entire month of October. REGULAR COUNCIL MEETING OCTOBER 8 , 1991 PAGE 7 4 5 6 7 8 C. REPORT OF THE CITY MANAGER 9 10 Budaet Presentation 11 12 13 The City Manager reminded the Council that there is a 14 budget presentation scheduled for October 22nd. He has 15 reserved the Cafeteria and confirmed the starting time as 16 7 : 30 p.m. 17 18 The starting time was acceptable to the Council but Mayor 19 Ranallo requested the presentation be held in the Council 20 Chambers with the Cafeteria as a backup. 21 22 23 Fire Department Open House 24 25 The Fire Department is holding its Annual Open House on 26 Tuesday, October 16th from 6: 00 to 8 : 00 . 0 29 Joint Meeting of City Council and School Board 30 31 October 16th at 7 : 00 p.m. is the date and time selected 32 for the joint meeting of the City Council and the School 33 Board. The City Manager indicated he has received no 34 confirmation nor comment from the School Board regarding 35 this joint meeting. Staff will check with the School 36 Board. 37 38 39 Foss Road Lift Station Leaal Costs 40 41 The City Manager advised that as of this date $12 , 613 . 00 42 of legal costs have been incurred for the Foss Road Lift 43 Station dispute. 44 45 He noted it originally was to have been completed in 1989 46 but continued to be six to nine months behind schedule. 47 It is completed now and nearly all of the agreements are 48 wrapped up. 49 50 The City Attorney advised there will be no need to go to 51 court on this matter . 5 Clarification of Sewer Rates and Charges 1 REGULAR COUNCIL MEETING OCTOBER 8 , 1991 0 PAGE 8 4 5 6 7 A memo was received from Roger Larson, the Finance 8 Director, requesting members of the City Council to 9 advise staff of their interpretation of that section of 10 Ordinance 540 . 00 which addresses residential and it commercial designations relative to sewer rates and 12 charges and whether an ordinance amendment should be 13 drafted. 14 15 The City Manager advised that the present practice is to 16 have meters read quarterly. He noted that in some 17 instances of apartment buildings or complexes there is 18 just one meter and he felt there are situations where 19 much more water is being used than is being charged for. 20 21 He cited the example of more equitable charges being made 22 with Chandler Place where a special meter has been 23 installed specifically to monitor water usage for the 24 sprinkler system. 25 26 Presently, the commercial rate is being charged for apartment buildings , and complexes . The City Manager do stated that on residential charges the first three months 29 of usage determines what is charged for the remainder of 30 the year. 31 32 Burt is recommending that the water meters be read 33 quarterly and the sewer charges be determined according 34 to the water meter reading unless there is a separate 35 meter such as Chandler Place . Staff would set R-1 , R-2 , 36 and R-3 charges at the residential rate and R-4 at the 37 commercial rate. 38 39 Some discussion followed how businesses which consume 40 large amounts of water, such as car washes , could be made 41 more efficient and less costly. 42 43 Motion by Marks , second by Wagner that staff be charged 44 with bringing to the City Council rates for R-1 , R-2 , and 45 R-3 charges based on residential rates and R-4 charges 46 based on commercial rates and that this be included in 47 'the recodification. 48 49 50 Motion carried unanimously 51 52 8 . PUBLIC HEARINGS 1 REGULAR COUNCIL MEETING 4� OCTOBER 8 , 1991 PAGE 9 4 5 6 There were no public hearings . 7 8 9 9. NEW BUSINESS 10 11 12 Proposed Election Judges for 1991 City General Election 13 14 Motion by Fleming, second by Enrooth to approve the list 15 of election judges for the 1991 City General Election as 16 noted on the memo dated October 8 , 1991 from the City 17 Clerk. 18 19 20 Motion carried unanimously 21 22 23 24 Award of Bid for Kenzie Terrace Sidewalk Project - 25 Resolution No. 91-046 26 6 The City Manager advised that the last time this type of 29 project went out for bids there were more bidders . 30 31 Copies of the resolution were distributed at the Council 32 Meeting. 33 34 Motion by Marks , second by Ranallo to adopt Resolution 35 No. 91-046 ; being a resolution accepting bid in the 36 matter of Kenzie Terrace sidewalk construction. 37 38 R & D Enterprises , Inc . of Roseville, Minnesota was the 39 low responsible bidder in the amount of $17 , 055. 00 . 40 41 42 Motion carried unanimously 43 44 45 Ordinance No. 1991-007 , Re : Amendment of Fence Ordinance 46 ( 1st Reading) 47 48 Mayor Ranallo stated he has had several conversations 49 with the City Manager and the City Attorney regarding 50 fences in the community and the guidelines to be 51 considered. The City Attorney has reviewed the material and minutes of meetings which dealt with a recent fence variance REGULAR COUNCIL MEETING OCTOBER 8 , 1991 PAGE 10 4 5 6 7 request . The height of this fence was of some concern to 8 members of the City Council and of the Planning 9 Commission . They felt this could become a trend if it 10 were not specifically addressed in a fence ordinance. 11 12 To avoid any further concern with this matter, - the City 13 Attorney added to the amendment of Section 340 . 10 an 14 exception for height for only that which is affixed to a 15 deck and is measured from the elevation of the raised 16 deck. He felt this exception would control heights of 17 fences which run the length of the property. 18 19 The City Attorney also addressed hardships on variances 20 and the criteria which must be met . The conditions for 21 finding hardships are addressed by State statute. He 22 noted that some City Councils interpret hardships as 23 inconveniences . During the last Legislative Session a 24 bill was . introduced to relax the definition. The bill 25 failed. 26 It was the opinion of the City Attorney that the interpretation should be kept rather narrow for fence 29 heights and a provision should be added to the fence 30 ordinance which allowed for "special permits. " 31 32 Mayor Ranallo referred to the Preussner situation which 33 granted a variance due to the problems experienced in the 34 back portion of the lot . The City Attorney felt it is 35 important to recognize something unusual or unique before 36 granting a variance . 37 38 Motion by Marks , second by .Wagner to approve the first 39 reading of Ordinance No. 1991-007 being an ordinance 40 pertaining to fences which are constructed as part of a 41 raised deck; amending Section 340 . 10 , Subd. 10 of the 42 1973 Code of Ordinances . 43 44 45 Motion carried unanimously 46 47 48 The City Manager advised the Council that some thought is 49 being given to a request of the J.C. Penney Company at Apache 50 Shopping Center to include their name on the sign at the 51 Center which now exclusively used by Herberger ' s . 10 Councilmember Wagner recalled that Apache agreed to the sign on a one-time only use basis . It was felt that to include another REGULAR COUNCIL MEETING OCTOBER 8 , 1991 3 PAGE 11 4 5 6 store' s name on the sign would be unlikely. 7 8 9 10 . UNFINISHED BUSINESS 10 11 Councilmember Wagner referred to the article written by 12 Don Slater, Executive Director of the League of Minnesota 13 Cities, in the recent edition of the League' s magazine. 14 The article addressed Tax Increment Financing and 15 Councilmember Wagner felt it had some merit . Mayor 16 Ranallo thought there were some exceptions . 17 18 11 . ADJOURNMENT 19 20 Motion by Marks , second by Enrooth to adjourn the meeting 21 at 8 : 25 p.m. . 22 23 24 Motion carried unanimously 25 26 0 29 30 Respectfully submitted, 3.1 32 33 34 Jo-Anne Student , Council Secretary 35 36 37 38 39 Mayor Clarence anallo 40 41 42 43 ATTEST: 44 City Clerk 45 46 47 48 49 50 51 0 54