HomeMy WebLinkAboutCC MINUTES 02091993 Meeting Sheet
IIIIII VIII VIII II
III VIII VIII IIII IIII
ioizoa
Box: 19
Folder: CC MINUTES AND AGENDAS 1993
Document: CC MINUTES 02091993
CITY OF ST. ANTHONY
2
3 REGULAR COUNCIL MEETING
4
5 FEBRUARY 9, 1993
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7 : 00 p.m. by Mayor Pro-tem_
11 Enrooth. Boy Scout Troup #711 led the Pledge of Allegiance .
12
13 2 . ROLL CALL
14
15 Council Present : Mayor Pro-tem Enrooth and Councilmembers
16 Marks and Fleming
17
18 Council Absent : Mayor Ranallo and Councilmember Wagner
19
20 Staff Present : City Manager Burt and Management Assistant
21 Urbia
22
23 3. APPROVAL OF AGENDA FOR FEBRUARY 9 , 1993 COUNCIL MEETING
24
Motion by Fleming, second by Marks to approve the agenda for
the February 9, 1993 Council Meeting with the following
27 additions to the Manager ' s Report :
28
29 a) Date for Goal Setting Session
30 b) Parking Ordinance
31
32 Motion carried unanimously
33
34
35 4 . APPROVAL OF JANUARY 26 , 1993 COUNCIL MEETING MINUTES
36
37 Motion by Marks , second by Fleming to approve the minutes of
38 the January 26 , 1993 Council Meeting with the following
39 correction:
40
41 page 3, line 46 : Delete " in the area is the jail " and replace
42 with "to be built in Minnesota is a jail . "
43
44
45 Motion carried unanimously
46
47 5. LICENSES/PERMITS/PETITIONS
48
49 Motion by Marks, second by Enrooth to approve the following
50 license applications :
•
•
1 REGULAR COUNCIL MEETING
2 FEBRUARY 9 , 1993'
3 PAGE 2
4
5
6 Contractor ' s license for Elements , Inc. of New Brighton, Mn.
7 Contractor ' s license for Wellington Window & Door Company of
8 Bloomington , Mn .
9
10 Heating license for Bell-Air Heating of Bloomington, Mn .
11 Heating license for Metro Brothers Heating and Air
12 Conditioning of St . Louis Park, Mn .
13
14
15 Motion carried unanimously
16
17
18 6. PRESENTATION OF CLAIMS
19
20 Motion by Marks, second by Fleming to approve the following
21 claims:
22
23 Hance & LeVahn law firm in the amount of $2, 400 for legal
4 services rendered for the month of February, 1993 relative to
St . Anthony prosecutions .
27 Dorsey & Whitney law firm in the amount of $845. 00 for legal
28 services rendered through December 31 , 1992 for. various
29 matters .
30
31 Stuart J. Bonniwell , certified public accountant , in the
32 amount of $1 , 900 . 00 for professional_ services rendered
33 regarding the Financial Report for the liquor fund for the
34 year ending December 31 , 1991 .
35
36 Stuart J. Bonniwell , certified public accountant , in the
37 amount of $3,015. 00 for professional services rendered
38 regarding the Financial Report for the City of St . Anthony for
39 the year ending December 31 , 1991 .
40
41 Five pages of verified claims as prepared by the City' s
42 Finance Director.
43
44 Motion carried unanimously
45
46 7 . REPORTS
47
48 A. _Planning Commission - January 19, 1993
49
REGULAR COUNCIL MEETING
2 FEBRUARY 9 , 1993
3 PAGE 3
4
5
6 Commissioner Franzese was in attendance representing the
7 Planning Commission.
8
9 1 . Sian Ordinance - Identification Signage
10
11 Commissioner Franzese stated the position of the Planning
12 Commission regarding property entitled to two signs . If a
13 property faces two streets, it was felt this business would be
14 entitled to two signs , each one facing a frontage street .
15 The City Manager advised that staff had- taken the position
16 that there were situations where both signs should face the
17 same frontage. He gave the example of a business in the
18 industrial park where two roads are considered frontage but
19 more effective signage would be to have both signs face the
20 same frontage. Presently, this is not allowed under the
21 ordinance. While he understands the Planning Commission ' s
22 position, he feels that staff should be afforded more
23 flexibility with signage. Wording for the new sign ordinance
24 does not include "per street" thereby allowing for staff
discretion .
The City Manager stated that all sections of the sign
28 ordinance are being enforced at the present time. Many letters
29 have been sent to property owners whose signs are in
30 violation. Some of the recipients of these letters were in
31 attendance at the Council Meeting.
32
33 Councilmember Marks feels there are two different roles to be
34 taken by the City Council and the Planning Commission
35 regarding this issue. The Planning Commission abides by the
36 policy and formulates recommendations . The City Council is
37 responsible for enforcement , regulation and administration .
38
39 Councilmember Marks senses tension between the two bodies . He .
40 suggested that members of each body meet together to discuss
41 their respective roles . He recommended that the discussion be
42 limited to signs and that staff be included in the meeting.
43
44 The City Manager was of the opinion that members of the
45 Planning Commission had a particular frustration with
46 enforcement of the sign ordinance.
47
48 He gave examples of signs which are technically in violation
49 but are not specifically addressed in the sign ordinance.
50
•
•1 REGULAR COUNCIL MEETING
2 FEBRUARY 9, 1993
3 PAGE 4
4
5
6 He also mentioned some signs which were being allowed by
7 permission of the staff such as the DARE sign. He noted that
8 these signs are not defined and can be interpreted as
9 conforming or non-conforming.
10
11 Councilmember Fleming stated she has not had a feeling of
12 tension but would like the City to be "business friendly. " She
13 is comfortable with staff flexibility.
14
15 Mayor Pro-tem Enrooth felt there were two issues which need to
16 be addressed; the sign ordinance and identification signs .
17
18 Commissioner Franzese advised that the Planning Commission
19 regards the sign ordinance as an enabling document and that
20 new types of signs have not been addressed. She feels
21 " flexiblity" is a ruse and a subversion of the intent . An
22 example of this she cited is allowing two signs to be located
23 on the same frontage.
24
Mayor Pro-tem Enrooth stated his disagreement with the
Planning Commission on this issue. He views small businesses
27 being put into difficult positions to compete. He favors
28 flexibility regarding_ the sign ordinance.
29
30 Motion by Fleming, second by Enrooth to follow staff
31 recommendation which is to not approve the amendment from the
32 Planning Commission and allow flexibility by the staff .
33
34 Roll call : Fleming, Enrooth aye
35 Marks nay
36
37 Motion carries
38
39 Commissioner Franzese requested that staff be directed to
40 comprise a list of signs where the sign ordinance does not
41 address nor insufficiently addresses certain sign situations .
42 She also requested that a meeting be scheduled between the
43 Planning Commission and business persons in the community.
44
45 The City Manager advised that to comprise this list would be
46 a very time consuming exercise and there is not staff
47 available to do this. He noted that the list of complaint
48 letters recently sent would be the best list of non-compliant
49 signs available.
50
1 REGULAR COUNCIL MEETING
2 FEBRUARY 9, 1993
3 PAGE 5
4
5 Councilmember Fleming stated she took the sign ordinance to
6 two local business persons for their review. They found it to
7 be a legal maze and difficult to follow.
8
9 2 . Sian Ordinance - Amortization
10
11 Commissioner Franzese advised the Council that the Planning
12 Commission is recommending that the sign ordinance be amended
13 to provide for a ten year amortization period for legal
14 nonconforming signs .
15
16 The City Manager stated that amortization presents some
1.7 difficulties. Among the difficulties are the provisions , if
18 adopted, the effective date would be 2003 ; a significant
19 number of " legal conforming" signs will be replaced by the
20 private sector and there could be lega.l challenges to this
21 provision in 2003 .
22
23 Mayor Pro-tem Enrooth suggested this matter be placed on the
4 agenda for the March Council work session.
6 The City Manager also inquired if the Planning Commission
27 should pursue any further action regarding the parking
28 ordinance. He noted that some of the problems previously
29 existing have disappeared. Commisssioner Franzese suggested
30 that the Planning Commission would welcome direction on this
31 matter .
32
33 The City Manager advised that. there were some business owners
34 present for the sign ordinance discussion. Councilmember Marks
35 requested them to make their comments .
36
37 Ron Schmidt , owner of the service station at 37th and Silver
38 Lake Road, advised the Council he purchased his business with
39 the signage just as it is today. Some of the signage there now
40 is just as it was when the station was rebuilt in 1984 after
41 the tornado. There are three non-conforming signs and they
42 were approved after the tornado rebuilding. He is located in
43 an area where there are two street frontages .
44
45 Councilmember Marks observed that staff is put into a very
46 sensitive position regarding situations such as this .
47
48 The owner of Don ' s Car Wash, Jerry Kuschner , stated he removed
49 his banner sign after receiving a letter of non-compliance
10 from the City.
REGULAR COUNCIL MEETING
2 FEBRUARY 9, 1993
3 PAGE 6 7
4
5
6 He also has three ground signs and a smaller portable sign
7 which advises whether his business is open or closed.
8
9 The City Manager advised that signs such as directional and
10 informational and many others. are not addressed in the sign
11 ordinance . He feels these signs should be able to be addressed
12 without having to amend the sign ordinance in each instance.
13
14 Councilmember Marks noted that St . Anthony has a longstanding
15 tradition of signage control .
16
17
18 B. Council Reports
19
20 1 . Report of Councilmember Fleming
21
22 Councilmember Fleming had nothing to report at this time.
23
242 . Report of Councilmember Marks
aCouncilmember Marks advised that some material , including
27 books and video tapes , were received from Salo, Finland,
28 St . Anthony ' s Sister City. He suggested some thought be
29 given as to how most effectively this material could be
30 utilized.
31
32 3 . Report of Mayor Pro-tem Enrooth
33
34 On Thursday, February 11th the Association of
35 Metropolitan Municipalities is holding its legislative
36 reception. It will be held from 4 : 30 to 6: 00 p.m. at the
37 Kelly Inn in St . Paul .
38
39 C. City Manager' s Report
40
41 1 . Maier Stewart & Associates - Road Feasiblity Study
42
43 Tom Madigan, an engineer with Maier Stewart & Associates,
44 was in attendance to make a presentation regarding his
45 firm' s findings for the City' s roadway repairs .
46
47 The Braun Intertech study regarding distressed roadways
48 in the City was used. for some of the basis of the Maier
49 Stewart study.
50
0
REGULAR COUNCIL MEETING
2 FEBRUARY 9, 1993
3 PAGE 7
4
5
6 Madigan noted that Braun only looked at doing street
7 overlays in its report . Maier Stewart viewed overlays and
8 reconstruction .
9
10 Using overhead slides and graphs , Madigan reviewed
11 various facets for road repair on specific roadways and
12 associated costs . These roads were ranked by Braun from
13 those in the most needy condition to those which may need
14 only some cosmetic applications to extend their lives .
15
16 Presently, the City assessment policy is to split the
1-7 costs of these projects fifty-fifty between the City and
18 the benefitting property owners . The City Manager advised
19 that the services of an appraiser have been employed to
20 determine the benefit to abutting properties . This is
21 being done in that some of the assessments are rather
22 costly. It is anticipated that some property owners will
23 not see a value to their property in the same dollar
24 amount as the assessment .
25
The appraiser ' s findings will be presented at the
neighborhood meetings before the projects start .
28
29 Councilmember Marks felt the Council may be looking at a
30 new assessment policy in view of how large some of these
31 assessments could be. Mayor Pro-tem Enrooth felt it would
32 be rather difficult to give direction until the
33 appraiser ' s information is received.
34
35 It is recommended by Maier Stewart that larger sections
36 be overlayed or reconstructed rather than smaller pieces .
37 The project costs could be significantly less with this
38 approach.
39
40 The overheads shown by Madigan gave all of the options
41 for payment of the assessments, the project approaches
42 and the possibilities for work.
43
44 Motion by Marks , second by Fleming 'to approve Resolution
45 No. 93-018 being a resolution recognizing report and
46 ordering of plans .
47
48 Motion carried unanimously
49
50
0
REGULAR COUNCIL MEETING
2 FEBRUARY 9, 1993
3 PAGE 8
4
5
6 2 . Goal Setting Session
7
8 The City Manager gave the dates that Karen Ray and
9 another presenter are available for the goal setting
10 session. The dates of March 19th and 20th and April 2nd
11 and 3rd were considered.
12
13 8 . PUBLIC HEARINGS
14
15 There were no public hearings .
16
17 9. NEW BUSINESS
18
19 A. Resolution No 93-015 ; Re: Support of Application for a
20 CDBG by Northwest Youth and Family Services
21
22 Motion by Marks, second by Fleming to approve Resolution No.
23 93-015 being a resolution in support of the application for a
24 community development block grant (CDBG) by Northwest Youth
0 and Family Services (NYFS) .
27 Motion carried unanimously
28
29 B. Resolution No. 93-016; Re: Call for a Public Hearina/Tax
30 Increment Financina District Amendment for 3901 Silver
31 Lake Road
32
33 Motion by Marks , second by Fleming to approve Resolution No.
34 93-016 being a resolution calling for a public hearing on
35 proposed amendments to a redevelopment plan and on a proposed
36 tax increment financing district .
37
38 The public hearing will be at 7 : 30 p.m. on Tuesday, March 23',
39 1993 .
40
41 Motion carried unanimously
42
43 C. Resolution No. 93-017 , Re: Minnesota Police Recruitment
44 System Lawsuit
45
46 The Minnesota Police Recruitment System (MPRS) , along with 35
47 municipalities, has been named in a lawsuit . The relationship
48 of the municipalities with the MPRS is a joint powers
49 agreement . The League of Minnesota Cities Insurance Trust has
0 notified all of the cities named in the lawsuit it does not
1 REGULAR COUNCIL MEETING
2 FEBRUARY 9, 1993
3 PAGE 9
4
5
6 cover situations involved in joint power agreements . This is
7 being appealed.
8
9 Mayor Pro-tem Enrooth inquired if this would continue to be
10 the case in joint power agreements . The City Manager responded
11 that this matter will be reviewed as most of the
12 municipalities had assumed they would be covered.
13
14 Motion by Marks, second by Fleming to approve Resolution No.
15 93-017 being a resolution authorizing Holmes & Graven to
16 represent the City of St . Anthony in lawsuits commenced by
17 John Starks and Christopher Fields .
18
19 Motion carried unanimously
20
21 10 . UNFINISHED BUSINESS
22
23 A. Ordinance No 1993-001 , Re: Mayor and Councilmembers '
24 Salaries ( third reading)
SMotion by Enrooth, second by Fleming to approve the third
27 reading and passage of Ordinance No. 1993-001 being an
28 ordinance relating to Mayor and Councilmembers ' salaries,
29 amending Chapter 2 , Section 200 . 12 , Subd. 1 and 2 of the St .
30 Anthony 1992 Code of Ordinances .
31
32 Motion carried unanimously
33
34 11 . ADJOURNMENT
35
36 Motion by Marks , second by Fleming to adjourn the meeting at
37 9: 05 P.M.
38
39 Motion carried unanimously
40
41
42 Respectfully submitted,
43
44
45 Jo-Anne Student , Council Secretar
46
47
48 Mayor Pr tem Richard Enrooth
49 Attest : &2��.
0. City C erk