HomeMy WebLinkAboutCC MINUTES 09081992 Meeting Sheet
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Box: 19
Folder: CC MINUTES AND AGENDAS 1992
Document: CC MINUTES 09081992
1 CITY OF ST. ANTHONY
2
3 REGULAR COUNCIL MEETING
4
5 SEPTEMBER 8 , 1992
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 Rana 11o, Counc i lmembers Mark s ,-Enrooth---
17 Fleming and Wagner
18
19 Staff Present : City Manager Burt , City Attorney Soth and
20 Management Assistant Urbia
21
22
3 . APPROVAL OF SEPTEMBER 8 , 1992 COUNCIL MEETING AGENDA
25 Motion by -Marks , second by Wagner to approve the agenda for
26 the September- 8 , 1992 Council Meeting as presented.
27
28 Motion carried unanimously
29
30
31 4 . APPROVAL OF AUGUST 25, 1992 COUNCIL MEETING MINUTES
32
33 Motion by Wagner , second by Enrooth to approve the minutes of
34 the August 25, 1992 Council Meeting with the following
35 corrections :
36
37 page ll , line 23 : Correct "Hergers" to "Herges"
38
39 page 14 , line 24 : Councilmember Marks recalled having made
40 some remarks regarding the Storm Water Drainage Utility
41 Ordinance No. 1992-007 at a previous Council Meeting. He
42 agreed with Dennis Cavanaugh that these comments were not
43 included in the minutes .
44
45 The Council Secretary was requested to include the identity of
46 people who speak at Council meetings .
47
Motion carried unanimously
0
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 2
4
5
6 5 . PRESENTATION OF CLAIMS
7
8 A. Maier Stewart & Associates
9
10 Motion by Marks , second by Enrooth to approve payment in the
11 amount of $487 . 65 to Maier Stewart & As_sociates for
12 engineering services rendered from June 28 , 1992 through
13 August 1 ,. 1992 for the Kenzie Terrace Phase II Sidewalk plans
14 and specifications.
15
16 Motion carried unanimously
17
18
19 B. Maier Stewart & Associates
20
21 Motion by Marks, second by Enrooth to approve payment in the
22 amount of $148 . 28 to Maier Stewart & Associates for
engineering services rendered from June 28 , 1992 through
August 1 , 1992 for Kenzie Terrace Phase I'F Sidewalk
25 construction administration .
26
27
28 Motion carried unanimously
29
30
31 C. Maier Stewart & Associates
32
33 Motion by Marks , second by Enrooth to approve payment in the
34 amount of $204 . 55 to Maier Stewart & Associates for
35 engineering services rendered from May 31 , 1992 through June
36 27 , 1992- for the Kenzie Terrace Project .
37
38 Motion carried unanimously
39
40
41 Councilmember Wagner inquired if the Community Development
42 Block Grant Funds will be received if all of the requirements
43 of the Kenzie Terrace project are not met .
44
45 The City Manager responded that all of the work is completed
46 but that the contractor has not submitted the completed forms
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 3
4
5
6 for the project and has not been paid. He will check with
7 Hennepin County for information regarding payment if all of
8 the documentation is not completed by the contractor.
9
10
11 D. Barr Enaineerina
12
13 Motion by Marks , second by Enrooth to approve payment in the
14 amount of $428 . 50 to Barr Engineering for professional
15 services rendered through August 1 , 1992 regarding the County
16 Road "E" Storm Sewer Project . - - -
17
18
19 Motion carried unanimously
20
21
22 E. Dorsey & Whitney Law Firm
0 Motion' by Marks , second by Enrooth to approve payment in the
25 amoun C of $1 , 814 . 60 to Dorsey & Whitney Law Firm for legal
26 services rendered through July 31 , 1992 regarding the
27 Stonehouse Restaurant .
28
29 Councilmember Enrooth observed that the cost associated with
30 this matter appear to be increasing. The City Manager advised
31 that the legal counsel for the purchaser of the restaurant had
32 fifty-two questions which needed answers from the City' s legal
33 counsel . He noted that there was compromise on three issues .
34
35
36 Motion carried unanimously
37
38
39 F. Dorsey . & Whitney Law Firm
40
41 Motion by Marks, second by Enrooth to approve payment in the
42 amount of $911 . 95 to Dorsey & Whitney Law Firm for legal
43 services rendered through July 31 , 1992 on. various matters .
44
45
46 Motion carried unanimously
47
G. St . Anthony Fire Relief Association
0 Each year the City receives a check from the State for Fire
I�
•
I REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 4
4
5
6 State Aid. This money comes from a two percent premium placed
7 on homeowner fire insurance and is designated for the
8 Volunteer Firefighters Pension Fund. This money is recorded in
9 the City' s accounting records and paid out to the Fire Relief
10 Association .
11
12 Motion by Marks , second by Enrooth to approve transfer of
13 payment in the amount of $2.0 , 195 . 00 to the St . Anthony Fire
14 Relief Association .
15
16 Motion carried unanimously
17
18
19 H. Verified Claims
20
21 Motion by Marks , second by Enrooth to approve payment of the
22 1 1/2 pages of verified claims as submitted by the Finance
Director.
25 Motion carried unanimously
26
27
28 6 . REPORTS
29
30 A. Report of the Planning Commission
31
32 Planning Commission Chair Faust was representing the Planning
33 Commission at the Council Meeting.
34
35 Faust stated that the minutes in the agenda accurately reflect
36 the proceedings of the August 18 , 1992 Planning Commission
37 Meeting.
38
39 There was one public hearing held at that meeting which
40 addressed the proposed amendment to the City of St . Anthony
41 Comprehensive Land Use Plan.
42
43 Faust read the proposed amendment which is as follows :
44
.45 1 . Acquire residential properties west of Kenzie Terrace;
46 2700 Coolidge Street and 2906 Kenzie Terrace.
47
8 2 . Reconfigure 27th Avenue and Coolidge Street which
would create a new intersection at Kenzie Terrace.
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 5
4
5
6 3 . Develop parcel north of the new intersection at Kenzie
7 Terrace as two single family lots .
8
9 4 . Amend the City of St . Anthony Comprehensive Land Use
10 Plan in the area north of the new intersection from
11 commercial to single family residential , including a
12 portion of 2715 Coolidge Street to reflect the current
13 use.
14
15 Faust advised that the proposed amendment has been submitted
16 to the Metropolitan Council for its review and approval . At
17 the time of the August 18 , 1992 Planning Commission meeting,
18 the Metropolitan Council has given tentative approval .
19
20 He also advised that no one had appeared at the meeting of the
21 Planning Commission either in - support nor opposed to the
22 proposed amendment .
The-. City Manager stated that the Planning Commission ' s
25 recommendation regarding the amendment was omitted from
26 tonight ' s agenda . He will place it on the agenda for the
27 September 22nd Council Meeting. He also noted that formal
28 approval has been received from the Metropolitan Council .
29
30 Mayor Ranallo felt this matter could be approved at this
31 Council Meeting.
32
33 Faust advised that Lot 2 is already zoned residential , Lots 3
34 and 4 , which are currently zoned commercial , are being
35 recommended for a residential zoning by the Planning
36 Commission, and Lot 5, which is currently zoned medium family,
37 is being recommended for a residential zoning.
38
39 Councilmember Wagner questioned the letter from the legal
40 counsel for the owner of the lot at 2715 Coolidge Street . He '
41 inquired if this lot was entirely zoned residential .
42
43 The City Manager explained that the letter ' s primary purpose
44 was to request information from what he felt was a possible
45 rezoning of the parcel . The purpose of the public hearing did
46 not include any consideration for rezoning the parcel at 2715
47 Coolidge Street . The City Manager advised that the portion of
48 the parcel where the garage is located is already zoned
commercial . The property owner ' s legal counsel was advised of
this before the public hearing.
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 6
d
5
6 Councilmember Enrooth recalled that the City Council had
7 specifically requested that the "highest and best use" of this
8 area be the prime consideration of the Planning Commission.
9
10 Chairperson Faust acknowledged that this was the request of
11 the City Council and the Planning Commission was well aware of
12 this during its deliberations .
13
14 Noting that there has been no interest received from
15 commercial developers , Faust stated this area was viewed from
16 an economic point of view. He felt that years ago a smaller
17 commercial development may have been viable. The Planning
18 Commission had also discussed leaving the area as open space.
19
20 It was the consensus of Planning Commission members that
21 zoning this area as commercial would afford a good
22 transitional area between residential and commercial .
The City Attorney advised that the sites of the Rosie' s,
25 Restaurant and the Good Luck Cafe are being :appraised on a
26 commercial basis . The City will not rezone to. residential to
27 lower the value of these properties for the City to acquire.
28
29 At this time, Councilmember Marks advised the Council that the
30 owner of the Rosie ' s Restaurant site is a personal friend and
31 business acquaintance of his . He recognizes there is a
32 conflict of interest and would leave the Council Chambers when
33 the resolution regarding the acquisition of this property is
34 discussed .
35
36 Motion by Enrooth, second by Wagner to approve the amendment
37 to the St . Anthony Comprehensive Land Use Plan .
38
39 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
40 Marks - abstain
41
42 Motion passes
43
44
45 The City Attorney advised that when the rezoning of this
46 property comes before the City Council at its November meeting
47 a four-fifths vote is required to approve the rezoning.
8
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 7
4
5
6
7 B. Council Reports
8
9
10 1 . Report of Councilmember Wagner
11
12 Councilmember Wagner attended the Pep Rally held last
13 week at Apache Plaza Shopping Center . He felt the
14 attendance was very good and the event was a friendly
15 affair. Mayor Ranallo served as the master of ceremonies .
16
17 Representatives of three school districts , St . Anthony,
18 Irondale and Columbia Heights attended as did team
19 members , cheerleaders and school principals.
20 Councilmember Wagner also noted that St . Anthony won its
21 first football game of the season.
22
The Mayor stated he was very impressed with the speech
given by the St . Anthony football coach.
25
26
27 2 . Report of Councilmember Fleming
28
29 Councilmember Fleming had nothing to report at this time.
30
31
32 3 . Report of Councilmember Enrooth
33
34 Councilmember Enrooth advised that the St . Anthony Clean-
35 Up Day is Saturday, September 12th from 9 : 00 a.m. until
36 1 : 00 P.M.
37
38 He expressed some concern as to the expected turn out for
39 this clean-up and felt this day may not be as busy as was
40 the clean-up day in the spring.
41
42 Urbia stated there was a delay in printing the flyers for
43 this event but an announcement has appeared in the City' s
44 newspapers and has been included in the City' s newletter.
45 Flyers are being distributed, the day is being included
46 in the announcements on the local cable access channel
47 and it appears on the Kiwanis community sign .
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 8
4
5
6
7 Councilmember Wagner mentioned the upcoming hazardous
8 waste collection being conducted by Hennepin County.-
9
ounty:9 Urbia stated he will have flyers available at that site
10 also giving the details of the Spring Clean-Up.
11
12 A number of residents have called the City Hall for
13 details of the Spring Clean-Up. The Mayor hoped these
14 residents are being encouraged to volunteer to work at
15 the event .
16
17 4 . Report of Councilmember Marks
18
19 The Wrap-Up Meeting of the Sister City Committee is
20 scheduled for September 27th reported Councilmember
21 Marks .
22
He also mentioned seeing an article in a . local newspaper
which incorrectly stated that Bob Thistle is a member of
25 the Dorsey & Whitney Law Firm. The Mayor 'stated that Mr.
26 Thistle is employed by the Springsted Financial Advisors
27 firm.
28
29
30 5. Report of Mayor Ranallo
31
32 The Mayor requested the City Manager to post a notice of
33 the Village Fest Volunteer Thank You Party as all members
34 of the City Council will be in attendance. This affair is
35 being held at the Mayor ' s home on September 11th.
36
37 The Mayor advised that many state representatives
38 attended a meeting held at the State Fair where they
39 fielded questions from mayor.s of various municipalities .
4.0 The status of the State' s tax structure and fiscal
41 disparities were discussed.
42
43 Mayor Ranallo noted that out-state mayors were supportive
44* of having only one tax structure for all property taxes .
45 Presently, there about seventeen property tax structures .
46 Considerable concern was also expressed regarding Local
47 Government Aids .
1 REGULAR COUNCIL MEETING
2 SEPTEMBER. 8 , 1992
3 PAGE 9
4
5
6
7 The Mayor observed that each year the cities appear to be
8 losing something. In 1992 the cities lost funds by having
9 to pay sales tax on certain items purchased.
10
11
12 Guest Speaker
13
14 Rosemary Franzese, a long time St . Anthony resident and a
15 member of the Planning Commission, advised the Council she 'is
16 running for a seat on the Hennepin County Parks Commission.
17
18 .The redistricting left District #5 with no incumbent . The
19 district encompasses the cities of St . Anthony, Bloomington
20 and Richfield as well as Fort Snelling Park . The populations
21 of the aforementioned cities are St . Anthony, 8 , 000 ,
22 Bloomington, 86 , 000 and Richfield, 36, 000 .
The City of Minneapolis has its own park system and the
25 Hennepin County Parks Commission does not contain any parks
26 located in Minneapolis .
27
28 The Commission has seven members and its funding comes from
29 the Metropolitan Council . Five members are elected and two are
30 appointed by the Hennepin County Board of Commissioners . Ms .
31 Franzese feels the parks in Hennepin County are very well
32 maintained and she stated her intention to publicize them as
33 excellent places for recreation .
34
35 Ms . Franzese noted that the Hennepin County park system is one
36 of the biggest in the country but that most of the state
37 funding for parks go out-of-state. Each household in the
38 metropolitan area is taxed about $20 . 00 for parks . The
39 Hennepin County park budget for 1992 was $11 . 2 million .
40
41
42 1 . Proclamation of St . Anthony Kiwanis Peanut Day
43
44 Motion by Marks , second by Rana.11o to approve the proclamation
45 which designates Friday, September 25, 1992 as St . Anthony
46 Kiwanis Peanut Day.
47
Motion carried unanimously
1 REGULAR. COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 10
4
5
6
7 C. Report of the City Manager
8
9 The City Manager advised that the Paul Todd Concert is
10 scheduled for Friday, October 9th. All of the costs of the
11 concert are being donated by Honeywell . All of the profits
12 from this event will be used for the City' s D.A.R.E. Program.
13
14 The tickets for the concert are $7 . 00 . Mayor Ranallo suggested
15 that tickets could be sold at Homecoming on September 25th.
16 Councilmember Enrooth suggested that some mechanism be put
17 into .place for ticket sales at Wilshire School . Last year this
18 was missed. The Mayor advised that Shelly Freeman has already
19 taken care of this .
20
21
22 7 . PUBLIC HEARINGS
There -were no public hearings .
25
26
27 8 . NEW BUSINESS
28
29 A. Approval of the Oraanization and Mission Statement of the
30 St Anthony Environmental Ouality/Recyclinc7 Committee
31
32 Mayor Ranallo stated he has a concern with the statement in
33 the organization and mission statement regarding removal of
34 members from the committee. The statement says that any member
35 having three unexcused absences over a two year term warrants
36 removal from the Committee.
37
38 Councilmember Wagner observed that this committee only meets
39 quarterly. Mayor Ranallo again stated his concern with this
40 phrase "unexcused absences . " The City Manager suggested that
41 an overview could be made of attendance and a percentage basis
42 could be considered. "Unexcused" . was removed from the
43 document .
44
45 Motion by Fleming, second by Enrooth . to approve the
46 Organization and Mission Statement of the St . Anthony
. 47 Environmental Quality/Recycling Committee.
8
Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 11
4
5
6
7 B. Resolution No. 92-041 ; Re : Settina 1993 Tax Levy and
8 Budget Hearing Dates
9
10 An amended copy of the resolution was distributed which
11 contained suggestions made by Mayor Ranallo.
12
13 The Mayor emphasized that this was a proposed tax levy and it
14 can be reduced but not increased.
15
16 The City Manager advised that this is a stand-in-place budget
17 and that a 5 . 9% increase is being proposed. He noted that
18 there are difficulties anticipated with the City' s Local
19 Government Aids funding and the HACA allocation. These two
20 funds comprise approximately twenty-five percent of the City' s
21 budget monies . The Governor was very candid in his remarks
regarding the fiscal future of the State being very
troublesome.
25 The Mayor observed it has been very difficult for department
26 heads in the City to deal with the cuts which the City' s
27 funding has already taken. He noted it was three years before
28 a police officer position was filled and now the City has had
29 to pay sales tax since July of this year. Staffing in the
30 Public Works Department has also been down with injuries and
31 retirements .
32
33 Motion by Marks , second by Wagner to approve Resolution No.
34 92-041 being a resolution setting the proposed 1993 tax levy
35 and 1993 budget and public hearing dates in compliance with
36 the Truth in Taxation Act .
37
38 The hearing date for the adoption of the 1993 proposed budget
39 is December 7 , 1992 at 7 : 30 p.m. with the date of December 10 ,
40 199.2 as an alternate date if necessary.
41
42
43 Motion carried unanimously
44
45
46 C. Resolution No. 92-042 ; Re: Access Agreement with Minnesota
-47 Pollution Control Agency
40 Members of the Council inquired as to the need for this
50 resolution . The City Manager advised that the plume, which is
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 12
e -
5
6
7 contaminating the ground, is moving and that it is very high
8 in the golf course . The Minnesota Pollution Control Agency
9 desires to monitor the plume' s direction. The City Manager
10 stated that the drinking water is still very safe and has not
11 been affected.
12
13 There is one monitoring well located at the Rosie ' s Restaurant
14 site, two are located on Rankin Road and two wells are in the
15 Industrial Park.
16
17 Notices will be sent to those property owners who will be
18 directly affected or indirectly by the activity of- these
19 monitoring wells . Residents of Rankin Road will be advised of
20 the drilling schedules and plantings will be put in around
21 those sites .
2
The attachments referred to in the body of the agreement are
4 maps and will be available from the City Manager.
25
26 Motion by Marks , second by Enrooth to approve Resolution No.
27 92-042 being a resolution authorizing the Mayor and City
28 Manager to execute the access agreement between the City of
29 St . Anthony and the Minnesota Pollution Control Agency.
30
31 Motion carried unanimously
32
33
34 D. Resolution No 92-043 , Re: Termination of Mannina' s Lease
35 and Approval of New Lease With Hiahwood Food Services
36
37 The City Manager observed that this matter was originally
38 discussed at the Council ' s Goalsetting Session . He noted that
.39 it has taken some time to draft an acceptable lease agreement .
40
41 Mr. Lawrence Manning has indicated he is willing to be of
4.2 assistance to the holder of . the new lease, Mr . Erich
43 Schuhmacher of 'Highwood Food Services .
44
45 Ray Nelson, the City' s Liquor Operation Manager, has stated he
46 feels -this restaurant will be a real asset to the community.
47
Councilmember Wagner had questions regarding the use of the
49 word "arbitrarily" with regard to signs in the -third paragraph
50 on the third page of the lease agreement .
•
I REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 13
4
5
6
7 Motion by Marks, second by Wagner to approve Resolution No.
8 92-043 being a resolution authorizing the Mayor and City
9 Manager to execute the lease termination and mutual release
10 agreement and authorizing the Mayor and City Manager to
11 execute the lease agreement , both with regard to the City-
12 owned property located at 2700 Highway 88 in the City of St .
13 Anthony.
14
15 Motion carried unanimously
16
17
18 E. Resolution No 92-044 , Re: Acquisition of the Good Luck
19 Cafe and Rosie ' s Restaurant Properties
20
21 Because of his previously stated conflict of interest ,
22 Councilmember Marks left the Council Chambers and did not
participate in the discussion nor the vote on Resolution No.
0 92-044 .
25 7
26 In -a memo the City Attorney advised the City Council to
27 commence the condemnation proceedings on these two properties
28 with the passage of this resolution . Since negotiations have
29 started on the properties , the price on the Rosie ' s site has
30 risen significantly. Staff is being requested to continue to
31 negotiate a mutually agreeable price before the condemnation
32 process begins .
33
34 Motion by Enrooth, second by Wagner -to -approve Resolution No.
35 92-044 being a resolution authorizing the City Manager and
36 City Attorney to begin condemnation proceedings , if necessary,
37 with regard to the City' s acquisition of the properties
38 identified as 2905 Kenzie Terrace and 2700 Coolidge Street
39 Northeast .
40
41
42 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
43 Marks - not present
44
45 Motion carries
46
47
F. Resolution No . 92-045, Re : Snow and Ice Control Policy
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 14
4
5
6
7 The Mayor stated that the Council and staff recognized that a
8 formal policy was needed regarding snow and ice control in the
9 City.
10
11 Councilmember Wagner inquired where in the policy is the
12 procedure for snow removal stated as to the time and
13 circumstances .
14
15 The City Manager responded it was addressed in the "Street
16 Snow Control " section of the policy. He noted that the
17 specific circumstances would be very difficult to draft with
18 specifics .
19
20 He advised that the crews try to remove snow curb to curb.
21 This procedure usually requires four passes with the snow
22 removal equipment . It was intended to keep the policy document
flexible and it was drafted in a cautious manner.
25 The City Manager will draft more specific language for the
26 policy and return it for Council review. . There was some
27 concern regarding situations where towing of personal vehicles
28 would be needed.
29
30 Motion by Wagner, second by Enrooth to approve Resolution No.
31 92-045 being a resolution approving the snow and ice control
32 policy and procedures for the City of St . Anthony.
33
34 Roll call : Enrooth, Fleming, Wagner , Ranall,o - aye
35 Marks - not present
36
37 Motion passes
38
39
40 G. Ordinance No . 1992-008 , Re: Sians (First Reading)
41
42 Mayor Ranallo thanked the members of the Planning Commission
43 for all of their efforts regarding the sign ordinance. He
44 inquired if any members of the City Council- had further
45 'comment on the proposed ordinance.
46
47 The City Manager advised that all of the suggestions made at
8 the Council work session were included in the draft ordinance.
He also advised that all grammatical suggestions were
included.
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 15
4
5
6
7 The City Attorney will review the ordinance and make any
8 necessary changes before the second reading is held.
9
10 Councilmember Marks recalled that political signs had been
11 discussed at the. Council work session and consideration had
12 been given to eliminating them.
13
14 The City Attorney advised that state statute does not allow
15 the banning of some of the political signs discussed. He felt
16 the Council did not have the flexibility to eliminate them.
17
18 Councilmember Fleming stated that this Council should not make
19 this type of decision which may affect Councils of the future.
20
21 On page eight in the paragraph which addressed political
signs , Councilmember Marks suggested that the last sentence
read "Political signs are not allowed in the street right-of-
ways . "
25
26 Councilmember Wagner inquired if the ordinance would authorize
27 the removal of signs on a vacant building. The City Manager
28 responded that the ordinance does not presently contain any
29 language which would address this situation .
30
31 The City Attorney felt it may be questionable to authorize
32 this as there does not appear to be any authority for doing
33 it . In the case of a hazardous building, action can be taken
34 against the owner of the building via a citation or the
35 prosecuting in a civil suit .
36
37 Councilmember Wagner questioned if sign removal can be made a
38 part of the sign permit . Removal of the sign could be done and
39 the cost could be assessed back to the owner. The- City Manager
40 suggested this could be done on the basis of the building
-41 being vacant for six months .
42
43 The City Attorney stated this matter could be included in the
44 ordinance but this provision still would not authorize the
45 City to remove a sign . The permit could include a provision
46 whereby the building owner would agree to remove a sign if a
47 building were vacant for a specific period of time.
aThe City Attorney also was concerned with the storage or
50 placement of a sign which has been taken down .
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 16
a
5
6
7 The City Manager cited the example of the wall sign at Apache
8 Plaza. He felt this size sign and its accompanying electrical
9 apparatus could be a real bother.
10
11 The City Attorney advised_ it would be a better .pr.ocedure to
12 have a sign removal stipulation in the permit . If this
13 stipulation is not adhered to then the City could issue a
14 citation . The tenant would not sign the permit application,
15 but the building owner would be the signee.
16
17 The City Manager noted that typically the sign permit is
18 applied for by the sign company. This stipulation would be
19 requiring something out of the ordinary.
20
21 Jerry Faust , Chairperson of the Planning Commission, inquired
2 if a citation could be issued for an existing non-conforming
sign. The City Attorney responded that this could not be done
because of an ordinance change and that the sign has a legal
25 right to continue in its location.
26
27 Motion by Wagner, second by Marks, to approve the first
28 reading of Ordinance No . 1992-008 being an ordinance which
29 will make revisions to the sign ordinance in the City Code.
30
31 The purpose and intent of the ordinance is to achieve the
32 following objectives:
33
34 a) To establish standards which would permit businesses in the
35 City a reasonable and equitable opportunity to identify
36 themselves .
37
38 b) To preserve and promote civic beauty and not allow signs
39 which would detract from this objective because of unusual
40 size, shape, height , location, condition, cluttering or
41 illumination .
42
43 c) To insure that signs in the City shall not create a safety
44 hazard.
45
46 d) To preserve and protect the value of land and buildings ,
47 and to preserve and protect landscapes .
50 Motion carries unanimously
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 17
4
5
6
H. Ordinance No. 1992
� Housin Maintenance Code
8 (First ng
Readi )
is9
spent
10 The Mayor observed that Coinnass one He notedthatmemberson hof
11 ordinance by the Planning
feel there are still some areas in the ordinance
12 the Council
, 3 which should be. more stringent .
ii The City Attorney stated he has not reviewed this ordinance at
. 15
16this point in time .
17working on this
18
The Mayor advised he has spent withsite Hemsuggest d that the
19 ordinance and is comfortable some area
20 City Attorney review it and d ye 1f there legal . The Mayor notedthat
21 could be more stringent a Y
22 model ordinances from other municipalities
1Truth 1In Housing were eval id
: and
� 23 the issues of Point Of Sale
24 for consideration .
25 Commission had
26 The City Manager n Ho singasect on . itwasthe position of
27 removed the Truth
28
members of the Planning Commission that this requirement coul
29 delay a sale and may be a duplication of some inspections
30 required by lenders .
31 Commission stated that an
32 The Chairperson ofve the
some of the concerns which would be
33 appraisal would re
34 included in a Truth In Housing clause.
sed
35the
36 The City Manager advised that ventionlanguage
which
me dedadbyeSthe
37 sump pumps and backflowP
38 Management Assistant .
cens
nce
40 The Mayor inquired tMan ger responded ethatllthisl
ng
39 how Ciy t
is
41 rental property. The City
42 already being done.
43ed
44 Councilmember Marks noludedthan them ordinance which regarding
which would
45 composting could be inc
accommodate composting of certain items . The City Manager
suggested this could be addressed by the Environmental Ta
46 sk
46
48 Force.
49
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 18
d
5
6
7 Councilmember Marks suggested • that the use of garbage
8 disposals should be discouraged. Councilmember Enrooth stated
9 that in Europe no household waste nor moist waste is in the
10 waste stream and this results in higher heat .
11
12 The'Mayor observed that incinerators are not presently allowed
13 in homes .
14
15 Referring to an item on page ten of the ordinance, the
16 Planning Commission Chairperson noted that houses will be
17 inspected at the point of sale for sump pump and drain tile
18 with regard to emptying into the sanitary sewer system.
19
20 The City Manager noted that the enforcement of this matter
21 could be considered at the time the water meter account is
22 changed to a new owner . He anticipated that the City would
have no recourse for this inspection if there is no response
0 from the new owner requesting a City inspection .
25
26 The City Attorney felt this inspection could be made at the
27 time an assessment search is requested which would be before
28 the closing of the sale.
29
30 The City Manager inquired if the City would be at risk if an
31 inspection is not done and there is a back up. The City
32 Attorney advised that there could be a language change which
33 would make the seller responsible for this inspection . This is
34 the procedure in the City of Minneapolis .
35
36 The Mayor requested that all real estate agents be notified of
37 this requirement . The City Manager observed that when a
38 property is sold by its owner, this requirement would be
39 missed. He felt it would be preferable to make this
40 requirement one for the seller so the buyer would have some
41 recourse.
42
43 Mayor Ranallo felt the ordinance needs some language changes
44 so this concern will be included.
45
46 The City Attorney inquired as to the timing of this ordinance
47 noting that it is not included in the City Code. He requested
direction as to its inclusion in the City Code .
0
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 19
4
5
6
7 Councilmember Fleming felt the ordinance and the City Code
8 should remain separate thereby approving the ordinance before
9 the City Code is approved .
10
11 Councilmember Marks requested information regarding this
12 ordinance be included in the City newsletter, perhaps on an
13 annual basis .
14
15 Motion by Wagner, second by Enrooth to approve the first
16 reading of Ordinance No. 1992-009 being a housing maintenance
17 and occupancy ordinance whose purpose is to protect the public
18 health and safety, and the general welfare of the people of
_ 9 the City.
20
21
22 Motion carried unanimously
25 9 . UNIFINISHED BUSINESS
26
27
28 A. Ordinance No. 1992-007 , Re: Storm Water Utility (Third
29 Readina)
30
31
32 Motion by Ranallo, second by Marks to approve the third
33 reading and adoption of Ordinance No. 1992-007 which is an
34 ordinance relating to the construction , reconstruction, repair
35 and improvement of storm sewer systems and related facilities
36 and charges for the use and availability of storm water
37 facilities , amending the St . Anthony 1973 Code of Ordinances
38 by adding a new Section 260 .
39
40
41 Motion carried unanimously
42
43
44 The City Attorney advised that the Road Task Force has held
45_ its. final meeting. Its report will be presented to the Council
46 at its work session in October. He noted that presently the
47 City is taking bids for the first year of proposed road
improvements . He feels the bids are good bids and the work is
10 planned for the winter months .
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8, 1992
3 PAGE 20
4
5
6 10 . ADJOURNMENT
7
8 Motion by Marks, second by Enrooth to adjourn the meeting at
9 9: 00 P.M.
10
11 _ Motion carried unanimously
12
13
14
15 Respectfully submitted,
16
17
18 Jo-Anne Student , Council Secretary .
19
20
21
22
Mayor Clarence .Ra __1_10
25
26
27 ATTEST.: r
28 dity C erk
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47.
8