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HomeMy WebLinkAboutCC MINUTES 05251993 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII Zoizzo Box: 19 Folder: CC MINUTES AND AGENDAS 1993 Document: CC MINUTES 05251993 CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING 4 5 MAY 25, 1993 6 7 8 1 . CALL TO ORDER 9 10 The meeting was called to order at 7 : 00 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 2 . ROLL CALL 14 1.5 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth, 16 Fleming and Wagner 17 18 Staff Present : City Manager Burt , Management Assistant Urbia 19 and City Attorney Soth 20 21 3 . APPROVAL OF MAY 25, 1993 COUNCIL AGENDA 22 23 Motion by Marks , second by Enrooth to approve the agenda for 24 the May 25 , 1993 Council Meeting with no additions . 25 0 Motion carried unanimously 28 29 4 . APPROVAL OF MINUTES OF THE MAY 11 , 1993 COUNCIL MEETING 30 31 Motion by Marks , second by Wagner to approve the minutes of 32 the May 11 , 1993 Council Meeting as presented and there were 33 no corrections . 34 35 Motion carried unanimously 36 37 5 . LICENSES/PERMITS/PETITIONS 38 39 Motion by Enrooth, second by Marks to approve the license 40 applications submitted by the following businesses : 41 42 Contractors ' Licenses 43 44 Card Construction, St . Paul , Mn . 45 Belair Builders Inc . , New Brighton, Mn . 46 Chub' s Roofing, Coon Rapids , Mn . 47 48 Cictarette License 49 50 Snyder Brothers Drug, St . Anthony, Mn . • REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 2 4 5 6 Councilmember Marks noted that if there were no cigarette 7 license applications approved there would be no more 8 cigarettes . 9 10 The Mayor stated that the tobacco industry receives subsidies 11 from the federal government . He felt it may prove to be 12 counterproductive to deny licenses as the revenue generated by 13 them would go to some other entity . 14 15 Heating Licenses 16 17 Marsh Heating and Air Conditioning 18 Preferred Mechanical Services , Inc . 19 Twin City Furnace Company 20 21 Multiple Dwelling Licenses 22 23 Chandler Place 119 units 24 LakeHill Apartments 34 units 25 Highcrest Manor 69 units Equinox Apartments 266 units Diamond 8 Apartments 144 units 28 Plaza Apartments 46 units 29 30 Motion carried unanimously 31 32 6 . CLAIMS 33 34 Motion by Marks , second by Enrooth to approve the following 35 claims : 36 37 38 A. Maier Stewart & Associates 39 40 1 . The Council approved payment in the amount of $360 . 00 41 to Maier Stewart & Associates for engineering services 42 rendered March 28 , 1993 through April 24 , 1993 regarding 43 the 1993 street reconstruction plans and specifications 44 for direct expenses of the AUTOCAD. 45 46 2 . The Council approved payment in the amount of $474 . 96 47 to Maier Stewart & Associates for engineering services 48 rendered from March 28 , 1993 through April 24 , 1993 49 regarding project supervision for the 1993 improvements 50 construction . • REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 3 4 5 6 3 . The Council approved payment in the amount of 7 $2 , 200 . 00 to Maier Stewart & Associates for engineering 8 services rendered from March 28 , 1993 to April 24 , 1993 9 for testing by American Engineering Testing, Inc . for the 10 1993 street improvements soils report . 11 12 4 . The Council approved payment in the amount of $701 . 26 13 to Maier Stewart & Associates for engineering services 14 rendered from March 28 , 1993 through April 24 , 1993 for 15 the 37th Avenue Northeast plans and specifications . 16 17 B. Briggs & Morgan 18 19 The Council approved payment in the amount of $529 . 50 to 20 Briggs & Morgan for professional services rendered 21 representing the City on the permanent treatment system 22 issue. 23 24 City Manager Burt advised payment of this claim has been 25 held as there was a very high charge on an issue he felt was not justified . 28 C . Verified Claims 29 30 The Council approved the four pages of verified claims as 31 submitted by the Finance Director. 32 33 7 . PUBLIC HEARINGS 34 35 A. Street Improvements 36 37 Motion by Marks , second by Enrooth to open the Public Hearing 38 at 7 : 05 p.m. 39 40 Motion carried unanimously 41 42 43 The notice of this Public Hearing was published in the May 12 , 44 1993 issue of the Bulletin and notices were sent to all 45 affected property owners . 46 47 The project to be discussed at this Public Hearing is for 48 street reconstruction and replacement of water main and storm 49 sewer lines on 31st Avenue from Rankin Road to Old Highway #8 50 and Croft Drive from Rankin Road to 31st Avenue . • REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 4 4 5 6 The project also includes a bituminous overlay improvement 7 over the existing pavement on Rankin Road from Old Highway #8 8 to 32nd Avenue and Croft Drive from 31st Avenue to 200 feet 9 along 32nd Avenue beyond the cul-de-sac . 10 11 Tom Madigan , engineering consultant from Maier Stewart & 12 Associates , used overhead graphs to review the projects and 13 associated costs . The first phase of the project was the 14 reconstruction phase on Rankin Road and Croft Drive . 15 16 Mr . Madigan ' s review included the actual reconstruction 17 process which dealt with removal of the existing surface and 18 the proposals for the curb and gutter. He advised there will 19 be no change in road width nor road grade . He did note there 20 had been some concern expressed by two residents regarding 21 their driveways . Mr. Madigan had advised these people special 22 consideration will be given to their situations . As this 23 project is to be done in "established" neighborhoods , there 24 will not have to be consideration for additional driveways nor 25 other activities which would change the street . All utitlity �6 companies have been notified of the proposed projects . They �j have been requested to do any work necessary on these streets 28 during the reconstruction so they will not have to be dug up 29 again . 30 31 The bids received for this project came in less than the 32 estimated costs shown in the feasibility study and those 33 presented at the neighborhood meetings . 34 35 The assessment policy being proposed for adoption by the City 36 Council for the reconstruction portion of the project is 37 thirty-five percent to .be paid by benefitted property owners 38 and sixty-five percent to be paid from City funds . 39 40 The typical lot size in the area of this project is 87 front 41 foot . The unit price being proposed is $27 . 78 per front foot 42 with a $300 charge for the water service to each parcel . The 43 repayment period is for fifteen years at an eight percent 44 annual interest rate. 45 ' 46 Mr . Cochrane,. 3420 31st Avenue, requested information as to 47 how the decision to go ahead with the project is made. Mayor 48 Ranallo responded that this decision will be made after the 49 public hearing is closed. 50 • REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 5 4 5 Mr . Madigan also explained the statutorial requirements which 6 must be met for a project to be an assessable project . He 7 advised that tonight there are two public hearings being held, 8 one for the project and one for the assessment . 9 10 Mr . Cochrane questioned the need for the project . He felt the 11 street condition was not bad enough to warrant replacement . 12 Mr . Madigan responded that some of the decision is based on 13 science and some is also subjective and based on judgement and 14 experience . It was also noted that the street surface has 15 bumps , cracks, holes and its driveability is affected. There 16 also appears to be consideable movement of the sewer pipes 17 beneath the street . This was detemined with televising the 18 pipes . 19 20 Joe Sevick , 3505 31st Avenue, inquired if his inground 21 sprinkler system will be affected with this reconstruction. 22 The sprinkler heads are directly adjacent to the curb. Mr . 23 Madigan advised there will be a on-site inspector for this 24 project and Mr . Sevick should make this person aware of the 25 sprinkler system. The contractor should be advised of any �6 situations which may be affected by the project . Mr . Sevick was also advised by staff he should deal directly with the 28 contractor regarding his intention to do some cement work on 29 his driveway. 30 31 Michael Bye, 3024 Croft Drive, noticed there was a 32 considerable drop in the reconstruction costs from the 33 estimated costs . He inquired if there was also a decrease in 34 the overlay costs . Mr . Madigan advised there was an error made 35 in the cost sheet for the overlay project . It was figured at 36 a 35/65 % split which was incorrect . It should have been a 37 50/50% split . 38 39 Mr . Bye also noted that an overlay could be done on his street 40 ten times for what the reconstruction is costing. He was 41 advised that ten layers of bituminous could not be applied to 42 the street as it would be so high it would not be drivable . 43 44 Councilmember Enrooth explained that a reconstruction project 45 does more than replace the surface of a street such as the 46 overlay. He noted the sewer and water services are also 47 replaced and the street is reconstructed whereby the subgrade 48 and base under the street is replaced. The sewer pipe on this 49 street has been viewed and it moves a great deal as the area 50 is not secure . REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 6 4 5 6 7 The City Manager explained the Pavement Management Plan . Each 8 street in the City is looked at annually and this data is 9 entered into the computer . Cracks , condition of the surface, 10 general condition and other significant information is kept on 11 the computer in the Pavement Management Plan. This information 12 is useful when determining the capital improvement projects . 13 14 Councilmember Fleming referred to a letter received from 15 Michael Christenson , 3043 Croft Drive, who questioned the 16 legitimacy of assessing properties on Croft Drive only . He 17 suggested that this street is heavily used and is more an 18 access road than a residential road. Mr . Christenson requested 19 a traffic count be done on this street and the costs for this 20 improvement be borne by the City as a whole. 21 22 The City Manager advised that there are approximately 600 cars 23 using this street in a twenty-four hour period. This is the 24 typical usage of a residential street and the majority of its 25 use is by area residents . He noted it does not appear to be used as a shortcut so this is not an issue. Regarding the question of speeders , the City Manager advised that the 28 typical speeders live in the area. 29 30 Bob Stroncek , 3416 31st Avenue, questioned whether the 31 residents ' objections would have any effect with the Council . 32 The Mayor responded that for sixteen years as a 33 Councilmember/Mayor he has been receiving complaints about the 34 condition of the City' s streets from residents all over the 35 City. 36 37 Mr . Stroncek suggested this issue should be put on referendum 38 for the entire City to vote on. The City Attorney advised the 39 City Council is charged with making this type of decision . 40 41 Joe Sevick supports the reconstruction project and feels the 42 street is "shot" . He also noted he has not heard any viable 43 alternatives to this project except blacktop or concrete, both 44 of which are not acceptable . 45 46 47 Motion by Marks , second by Wagner to close the Public Hearing 48 at 8 : 20 p.m. 49 50 Motion carried unanimously • • 1 REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 7 4 5 6 Motion by Marks, second by Enrooth to open the Public Hearing 7 at 8 : 20 p.m. 8 9 Motion carried unanimously 10 11 The project to be discussed at this Public Hearing is a 12 bituminous overlay improvement over the existing pavement on 13 Rankin Road from Old Highway #8 to 32nd Avenue and Croft Drive 14 from 31st Avenue to 200 feet along 32nd Avenue beyond the cul- 15 de-sac . 16 17 Mr. Madigan reviewed the project area. The costs will be paid 18 on a fifty-fifty basis between the City and the benefited 19 property owners. 20 21 On Croft Drive the average lot has an eighty-seven front foot 22 and the assessment is proposed at $3.. 19 per assessable foot . 23 On the Rankin Road overlay project the average lot has a 24 sixty-two front footage and the assessment is proposed at 25 $4 . 16 per assessable foot . 26 0,7 There were no questions from residents in attendance . 28 29 Motion by Wagner, second by Enrooth to close the Public 30 Hearing at 8 :26 p.m. 31 32 Motion carried unanimously 33 34 35 Motion by Marks, second by Wagner to approve the two projects 36 as presented at the public hearings. 37 38 Councilmember Marks stated that the City Council is 39 responsible for making decisions regarding improvements . He 40 feels these decisions are made based on very reliable 41 information such as the data received from Braun Intertec and 42 from Maier Stewart and Associates. He agrees that the 43 improvements being proposed would give the property owner the 44 highest value for his/her money. 45 46 Councilmember Wagner agreed that the information received from 47 the professional engineers and consultants is very reliable 48 and supportive of the projects going forth. 49 50 • 61 REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 8 4 5 6 Councilmember Enrooth observed that it has been forty + years 7 since the streets have been put in and they need work . He 8 feels that the Council cannot abdicate its responsibility to 9 make an informed decision on these improvements . He also felt 10 there was an advantage being first for improvements as this 11 type of project will only become more expensive as time goes 12 on . 13 14 Mayor Ranallo noted it is important that the property owners 15 who have voiced their concerns and complaints to him regarding 16 the condition of the City ' s streets be responded to in a 17 proper fashion . 18 19 Motion carried unanimously 20 21 22 B. Assessments for 1993 Street and Utility Improvements 23 (Resolution No. 93-034 ) 24 25 Motion by Wagner , second by Marks to open the Public Hearing 0 at 8 : 33 p.m. 28 Motion carried unanimously 29 30 The City Manager reviewed the assessment period for each 31 project and the annual interest rate. 32 33 Councilmember Fleming advised she would like to make the 34 property owners ' share of the assessment for the 35 reconstruction project more equitable and suggested that it be 36 changed from a thirty-five percent share to something lower . 37 38 The City Manager advised that the City ' s financial advisor, 39 Springsted, Inc . , recommended the percentage for property 40 owners go no lower than thirty-five percent . He reviewed the 41 reasons given by Bob Thistle of Springsted, Inc . There would 42 be considerable risk involved if this decrease were . 43 implemented. 44 45 Dorothea Higgins , 3409 31st Avenue, felt the front footage 46 noted on her statement was incorrect . She inquired if she 47 would be charged what is stated on her invoice or would it 48 increase if it is determined that her property has more front 49 footage . She was advised her charge is what will be stated on 50 her invoice. 0 •1 REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 9 4 5 6 Two letters were received from property owners and placed on 7 file. They were from Michael Christenson, 3043 Croft Drive and 8 Russell Nohrenberg, 3101 Croft Drive. Residents were advised 9 to avoid paying interest the assessment must be paid by the 10 end of the year . 11 12 Motion by Marks , second by Enrooth to close the Public Hearing 13 at 9 : 50 p .m. 14 15 Motion carried unanimously 16 17 The City Manager advised that the public hearing for the 18 overlay project will be held when the project is completed. 19 There was an error made in the notices sent to property owners 20 which stated the City would be paying 350 of the assessment . 21 The correct percentage is fifty percent . The corrected notice 22 will be sent by Maier Stewart and Associates . 23 24 Motion by Marks , second by Wagner to approve Resolution No. 25 93-034 being a resolution adopting and confirming assessments 1Wfor various public improvements . 28 The City Attorney advised that a property owner has thirty 29 days from the date of this public hearing to appeal the 30 assessment . A written or oral objection must have been filed 31 at the public hearing tonight . The appeal has to be filed in 32 District Court and the property owner would have to retain the 33 services of an attorney. An appraisal would have to be 34 conducted which would have to prove the assessment cost is 35 more than the benefit to the property. The City Attorney felt 36 it would be highly unlikely that a judgement could be won by 37 the property owner . 38 39 Motion carried unanimously 40 41 42 8 . REPORTS 43 44 A. City Council 45 46 1 . Report of Councilmember Wagner 47 48 Councilmember Wagner had nothing to report at this time. 49 50 0 •1 REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 10 4 5 6 2 . Report of Councilmember Fleming 7 8 Councilmember Fleming advised that -the Northwest Youth 9 and Family Services Bureau is sponsoring a project 10 entitled "Reflect Respect . " The planning of this project 11 will commence on Thursday, June 3rd at the Roseville High 12 School . 13 14 Councilmember Fleming expressed her dismay in there being 15 no announcement of tonight ' s public hearings in any of 16 the three newspapers which service the City. She felt the 17 Bulletin was the worst offender in that it is the City ' s 18 official newspaper . 19 20 The City Manager had sent a press release to all three 21 papers . He also contacted the Bulletin reporter and 22 requested she be responsible for having this press 23 release placed in the paper . This was not done . 24 25 Mayor Ranallo did note that there was the official notice �6 of public hearing printed in the paper and also posted in 7 City Hall so publication requirments for a public hearing 28 were met . 29 30 3 . Report of Councilmember Marks 31 32 Councilmember Marks received a phone call from a resident 33 on 36th Avenue east of Silver Lake Road . The caller noted 34 there was tree trimming being done in the area which 35 appeared to be excessive. Councilmember Marks viewed the 36 area and felt it was excessive as well . 37 38 The City Manager advised that a private contractor does 39 tree trimming for Northern States Power and the City 40 trims trees which are in the right-of-way. He will check 41 on who is doing this work . 42 43 Councilmember Enrooth noted that some trees are trimmed 44 way back and leaves come out very quickly. The appearance 45 of an excessive trimming can be misleading. 46 47 The City Manager also advised that an infestation of bugs 48 is being experienced in the City' s ash trees . While some 49 of the leaves are falling off , the City Manager stated 50 the tree will not die from this infestation . • �1 REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 11 4 5 6 4 . Report of Councilmember Enrooth 7 8 There was a Village Fest Committee meeting on May 24th 9 with many residents in attendance . Activities are 10 becoming more clearly defined and there will be a pancake 11 breakfast as in the past and an ice cream social . Logo 12 designs are being reviewed and one will be chosen for 13 buttons and t-shirts . 14 15 5 . Report of Mayor Ranallo 16 17 The Mayor and Management Assistant completed a thirty 18 minute tape for cable television entitled "St . Anthony 19 Today and Tomorrow. " One of the topics discussed was the 20 1992/1993 goals of the City Council . 21 22 B. Report of the City Manager 23 24 The City Manager had nothing to report at this time . 25 1W 9 . NEW BUSINESS 28 29 A. Leaaue of Minnesota Cities Insurance Renewal 30 31 Mr . Myron Koplat of American Risk Services presented the 32 League ' s proposal for insurance coverage for the City from 33 June 1 , 1993 through May 31 , 1994 . 34 35 The proposal reflects a 13 . 76% increase over 1992 which is due 36 primarily to increases in workers compensation and liquor 37 liability coverage. 38 39 Staff recommendations included alternative coverage for 40 workers compensation and liquor liability which would save 41 $30 , 191 in proposed premiums . 42 43 Some members of the Council were uncomfortable with the 44 reduction being proposed for liquor liability. Mr . Koplat 45 noted that liquor liability claims are very difficult to 46 predict actuarially . The City Manager suggested that the 47 higher coverage for liquor liability remain so this year ' s 48 experience can be reviewed when insurance is being considered 49 next year . 50 • �1 REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 12 4 5 6 Motion by Marks , second by Ranallo to approve the League of 7 Minnesota Cities Insurance Trust renewal with the provisio tht 8 the workers compensation alternative be accepted but not the 9 alternative regarding liquor liability. 10 11 12 Motion carried unanimously 13 14 15 B. Approval of Preliminary/Final Plat for 3901/3909 Silver 16 Lake Road - Hellikson Addition 17 18 The proposed building and parking area meets all requirements 19 for commercial zoning. The subdivion/plat approval is 20 necessary for the tax increment financing proposal . 21 22 A memo dated May 21 , 1993 was received from Bill Soth, the 23 City Attorney, which addressed many issues regarding this plat 24 approval request . These issues were discussed. 25 �6 Motion by Enrooth, second by Marks to approve the . 7 subdivision/plat request for 3901/3909 Sivler Lake Road with 28 the approval being based on the recommendations of the City 29 Attorney as noted in his May 21 , 1993 memo and that there be 30 drainage easements as identified by the City Attorney behind 31 the swale on the property which is behind the Lee property. 32 33 34 Motion carried unanimously 35 36 37 C. Award Quotes for 1993 Road Materials and Water Supplies 38 39 Motion by Marks , second by Enrooth to award the following 40 bids . 41 42 Aggregate quote to Barton Sand & Gravel Company 43 44 Oil quote to Koch Materials Company 45 46 Blacktop quote to Midwest Asphalt ( summer mix) and T .A. 47 Shifsky & Sons (winter mix ) 48 49 Concrete quote to Wyatt Ready Mix 50 �1 REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 13 4 5 6 Water Supplies to Henry and Associates (water meters ) and 7 Northern Water Works (all other water products ) 8 9 Motion carried unanimously 10 11 D. Ordinance No . 1993-004 ; Re : Severance Pay ( first reading) 12 13 Motion by Marks , second by Wagner to approve the first reading 14 of Ordinance No . 1993-004 being an ordinance relating to 15 severance pay; amending Section 300 . 10 of the 1993 St . Anthony 16 Code of Ordinances . 17 18 Motion carried unanimously 19 20 21 E. Ordinance No. 1993-005 ; Re: Licensing Fees ( first 22 reading) 23 24 Motion by Marks , second by Wagner to approve the first reading 25 of Ordinance No. 1993-005 being an ordinance relating to �6 licensing fees ; amending Section 615 . 06 of the 1993 St . 7 Anthony Code of Ordinances . 28 29 Motion carried unanimously 30 31 F. Ordinance No. 1993-006 ; Re : Parking During Snow Removal 32 ( first reading) 33 34 Motion by Marks , second by Wagner to approve the first reading 35 of Ordinance No. 1993-006 being an ordinance relating to 36 parking during snow removal ; amending Section 920 . 07 of the 37 1993 St . Anthony Code of Ordinances . 38 39 Motion carried unanimously 40 41 G . Resolution No . 93-033 ; Re : Lease of Space in the 42 Community Center with Minnesota Swimming 43 44 Motion by Marks , second by Enrooth to approve Resolution No . 45 93-033 being a resolution approving the lease between the City 46 of St . Anthony and Minnesota Swimming and authorizing the 47 Mayor and City Manager to execute the lease on behalf of the 48 City. 49 50 Motion carried unanimously �1 REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 14 4 5 6 H. Resolution No . 93-035 ; Re : Pavement Rehabilitation for 7 37th Avenue from Silver Lake Road to Stinson Boulevard 8 (State Aid Road) 9 10 Motion by Fleming, second by Marks to approve Resolution No. 11 93-035 being a resolution directing Maier Stewart & Assoc.iates 12 to request a variance from the Minnesota Commissioner of 13 Transportation . 14 15 Motion carried unanimously 16 17 10 . UNFINISHED BUSINESS 18 19 A. Ordinance 1993-003 ; Re : Untimely Water Meter Readings and 20 Water Bill Payments 21 22 Motion by Wagner, second by Enrooth to approve the third 23 reading and adoption of Ordinance No . 1993-003 being an 24 ordinance relating to untimely water meter readings and 25 delinquent water bill payments ; amending Sections 610 . 09 and 6 610 . 10 of the 1993 St . Anthony Code of Ordinances . 7 28 Motion carried unanimously 29 30 11 . ADJOURNMENT 31 32 Motion by Marks , second by Enrooth to adjourn the meeting at 33 9 : 50 p.m. 34 35 Motion carried unanimously 36 37 38 Respectfully submitted, 39 40 41 Jo-Anne Student , Council Secretary 42 43 44 45 Mayor Clarence Ranallo 46 47 48 ATTEST: 49 City Cl(Ark 50