HomeMy WebLinkAboutCC MINUTES 07131993 Meeting Sheet
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Folder: CC MINUTES AND AGENDAS 1993
Document: CC MINUTES 07131993
CITY OF ST . ANTHONY
2
3 REGULAR COUNCIL MEETING
4
5 JULY 13 , 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
14 2 . ROLL- CALL
15
16 Council Present : Mayor Ranallo and Councilmembers Marks ,
17 Enrooth, Fleming and Wagner .
18
19 Staff Present : City Manager Burt , Management Assistant Urbia
20 and City Attorney Soth .
21
22
23 3 . APPROVAL OF AGENDA FOR THE JULY 13 , 1993 COUNCIL MEETING
24
25 Motion by Marks , second by Enrooth to approve the agenda for
the July 13 , 1993 Council Meeting with the following addition
40 and change:
28
29 Add to the City Manager ' s Report the issue of elementary
30 school ' s use of a portable classroom. Move agenda item New
31 Business (A) Resolution No. 93-039, regarding the sale of
32 General Obligation Improvement Bonds for 1993 street
33 improvements, up to accommodate the City ' s financial advisor.
34
35
36 Motion carried unanimously
37
38
39 4 . APPROVAL OF JUNE 22 , 1993 COUNCIL MEETING MINUTES
40
41 Motion by Marks , second by Wagner to approve the minutes of
42 the June 22 , 1993 Council Meeting with the following
43 correction:
44
45 page 4 , lines 22/23 : The sentence should read as follows: "St .
46 Anthony has been a member of the League of Minnesota Cities
47 for forty-three years having joined in 1950 . "
48
49
50 Motion carried unanimously
r
1 REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 2
4
5
6 NEW BUSINESS
7
8 A. Resolution No. 93-039, Re : Sale of General Obligation
9 Improvement Bonds for 1993 Street Improvements
10
11 Robert Thistle, representing Springsted Financial Advisors,
12 distributed copies of the bid received from the John G.
13 Kinnard Company. Four bids were received and this firm
14 submitted the lowest .
15
16 Mr. Thistle stated this bid was substantially below the bid
17 specs from last month. He also noted that the Al bond rating
18 of the city was reaffirmed.
19
20 Motion by Marks, second by Wagner to accept the bid received
21 from John G. Kinnard & Company Incorporated and to adopt
22 Resolution No. 93-039 being a resolution relating to $470, 000
23 General Obligation Improvement Bonds, Series 1993A; awarding
24 the sale, fixing the form and details and providing for the
25 execution and delivery thereof and security therefor and
26 levying ad valorem taxes for the payment thereof .
07
- Motion carried unanimously
29
30
31 5 . LICENSE/PERMITS/PETITIONS
32
33 Motion by Marks, second by Wagner to approve the following
34 license applications :
35
36 Contractors' Licenses
37
38 DMJ Corporation, Hamel, Mn.
39 Signart, Mendota Heights, Mn.
40
41 Heating License
42
43 St . Marie Sheet Metal, Inc . , Spring Lake Park, Mn.
44
45 Garbacre Hauler License
46
47 Walter' s Garbage, Inc . , Blaine, Mn.
48
49 Motion carried unanimously
50
0
REGULAR COUNCIL MEETING
JULY 13 , 1993
3 PAGE 3
4
5
6 Temporary 3 . 2 Beer Permit
8 Motion by Fleming, second by Wagner to approve the temporary
9 3 . 2 beer permit for Bill Pawlyshyn for Central Park on August
10 7 , 1993 .
11
12 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
13 Marks - nay
14
15 Motion carries
16
17
18 6 . PRESENTATION OF CLAIMS
19
20
21 A. Norman A. Johnson
22
23 Motion by Wagner, second by Enrooth to approve payment in the
24 amount of $12 , 410 . 45 to Norman A. Johnson , St . Louis Park,
25 Mn . , for the cutting tool "Jaws of Life . "
The City Manager advised that this purchase was made with
28 donated funds from charitable gambling proceeds . A thank you
29 letter will be sent to the organizations whose funds were
30 used.
31
32 Motion carried unanimously
33
34
35 B. Maier Stewart and Associates
36
37 Motion by Marks , second by Wagner to approve the following
38 payments to Maier Stewart and Associates :
39
40 Payment in the amount of $517 . 00 for engineering services
41 rendered April 25 through May 29, 1993 for an outside firm to
42 perform density testing on the Lowry Grove watermain .
43
44 Payment in the amount of $4 , 933 . 37 for engineering services
45 rendered April 25 through May 29, 1993 for plans and
46 specifications regarding 37th Avenue Northeast .
47
48 Payment in the amount of $743 . 02 for engineering services
49 rendered April 25 through May 29, 1993 for the 37th Avenue
50 Northeast rehab.
•
REGULAR COUNCIL MEETING
JULY 13, 1993
3 PAGE 4
4
5
6 Payment in the amount of $4 , 554 . 12 for engineering services
-7 rendered--Apr i 1-- 25 through- May - --29, 1993 for const-ruction- --
8 administration of the 1993 street improvements .
9
10 Motion carried unanimously
11
12 C. Hance & LeVahn Law Firm
13
14 Motion by Marks , second by Wagner to approve two payments of
15 $2 , 400 each for legal services rendered by the Hance & LeVahn
16 Law Firm for the months of April and July 1993 relative to
17 prosecutions .
18
19 Motion carried unanimously
20
21 D. F.M. Frattalone, Inc .
22
23 The City Manager advised these costs will be reimbursed by the
24 Army. Payment is expected in about six weeks .
.25
Motion by Marks , second by Wagner to approve payment in the
40 amount of $54 , 881 . 33 to F. M. Frattalone Company for the Lowry
28 Grove watermain project and that the payment be made when the
29 reimbursement - is received from the Army.
30
31
32 Motion carried unanimously
33
34 E. Gridor Construction , Inc .
35
36 Motion by Marks , second by Enrooth to approve payment in the
37 amount of $63 , 151 . 17 to the Gridor Construction firm for the
38 water system improvements at the lift station .
39
40 The City Manager noted that this project is ninety percent
41 complete.
42
43 Motion carried unanimously
44
45 F. Verified Claims
46
47 Motion by Marks , second by Enrooth to approve the five pages
48 of verified claims as submitted by the Finance Director.
49
50 Motion carried unanimously
•
REGULAR COUNCIL MEETING
JULY 13 , 1993
3 PAGE 5
4
5
6 7 . REPORTS
7
8 A. Plannina Commission - June 15, 1993
9
10 Commissioner Werenicz was in attendance representing the
11 Planning Commission .
12
1.3 1 . First Bank, 3928 Silver Lake Road - Sian Variance Reauest
14
15 Commissioner ,Werenicz advised these signs are to replace
16 existing signs and the total square footage will be smaller in
17 size. LeRoy Signs will be installing the bank signs . The need
18 for the replacement signs is because one bank was purchased by
19 another .
20
21 The Planning Commission recommended approval of the request
22 based on the following reasons : there were no neighborhood
23 objections , the proposed square footage is less than the
24 square footage of the current signage, the three conditions
25 are met , and the hours of illumination will be from dusk to
1 : 00 a.m. It was also felt the bank would enhance the identity
of. Apache Plaza.
28
29 Motion by Marks, second by Fleming to. approve the sign
30 variance request of First Bank, 3928 Silver Lake Road based on
31 the same findings as the Planning Commission .
32
33 Motion carried unanimously
34
35
36 2 . Tan Me, Apache Plaza - Conditional Use Permit
37
38 Four conditions were placed on the sign in this location
39 previously. The Planning Commission felt these same conditions
40 should remain . A precedent had also been set by the previous
41 sign.
42
43 Staff reviewed the conditions recommended by the Planning
44 Commission and recommended it be amended to read as follows :
45
46 a . The massage therapy be restricted to therapeutic
47 massage and approved hours of operation be Monday through
48 Friday, 10 : 00 a.m. to 8 : 00 p.m. ; Saturday, 10 : 00 a.m. to
49 5: 00 p.m. and Sunday, 11 : 00 a .m. to 4 : 00 p.m.
50
•
REGULAR COUNCIL MEETING
2 JULY 13, 1993
3 PAGE 6
4
5 b. The permit would automatically be revoked if there is
6 any violation . of applicable City or state statutes
7 related to criminal sexual conduct by any person
8 associated with the operation.
9
10 c. The massage therapy offered must comply with the code
11 of ethics an definition of massage therapy established by
12 the Association of Body-Work Professionals and/or the
13 American Massage Therapy Association, and
14
15 d . The massage personnel must have graduated from a State -
16 of Minnesota certified professional program with a
17 minimum of 100 hours of training.
18
19 Councilmember Marks inquired if these conditions were
20 acceptable to the applicant . He was advised they were.
21
22 Motion by Wagner, second by Marks to approve the contional use
23 permit with the four conditions as outlined in the agenda
24 packet .
Motion carried unanimously
28
29 3 . Unocal , Inc . , 2812 27th Avenue
30
31 a . Conditional Use Permit
32
33 The -conditional use permit is being requested so the business
34 can be expanded . The expansion proposal will include increased
35 square footage, number of pumps , canopy and parking area.
36 Curbing will also be installed in conjunction with the street
37 realignment . The vacant building adjacent to the service
38 station is proposed for demolition next year by the owner .
39
40 Staff advised that if the conditional use permit is approved
41 by the City Council conditions may be placed upon the
42 business . Possible conditions were discussed. They included
43 hours of operation, hours ofsign illumination and length of
44 time and number of cars that are stored. Staff has met with
45. the service station owner, James Bona and his legal counsel ,
46 to review the conditions being recommended to the Council .
47
48 The Planning Commission recommendations were reviewed by staff
49 and one additional condition was included in staff ' s
50 recommendations to the City Council .
•
• 1 REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 7
4
5
6 The distinctions between an "inoperable" vehicle and a "junk"
7 vehicle were made. Also, Councilmember Wagner clarified that
8 the conditions placed on this conditional use permit go with
9 the property and not the owner.
10
11 Motion by Marks, second by Wagner to approve the conditional
12 use permit for the St . Anthony Unocal located at 2812 27th
13 Avenue Northeast owned by James and Jane Bona with the
14 following conditions :
15
16 1 . Parking lot must be striped for 23 spaces .
17
18 2 . Curbs must be installed in areas specified on drawing.
19 The curbs must be insurmountable and be of cement .
20
21 3 . If canopy is installed, light must shine down.
22
23 4 . If the proposed addition is built in the future, the
24 lots must be combined into one parcel .
25
SJ6 5 . Cannot have an inoperable motor vehicle outside of the
7 property for a period greater than fourteen days/two
28 weeks.
29
30 6 . Change address from a 27th Avenue address to a Kenzie
31 Terrace address .
32
33 7 . A signed development agreement with the City of St .
34 Anthony.
35
36
37 Motion carried unanimously
38
39
40 b. Setback Variance Request
41
42 Approval of the setback variance request is contingent on the
43 conditional use permit being approved.
44
45 The setback variance being requested is for twenty eight feet
46 to allow for the construction of a new canopy to be placed
47 over the gas pumps . The canopy will have a 141611 clearance and
48 will be three feet high for an overall height of 1716" .
49
50
0
REGULAR COUNCIL MEETING
JULY 13, 1993
3 PAGE 8
4
5
6 Commissioner Werenicz advised that the variance request met
7 - - a-11 -t-hr-ee -requirements for a variance, that two people spoke.-. -- -
8
poke._. ._ _8 in support of the variance being granted, no one spoke
9 against , and the Planning Commission felt this improvement
10 would enhance the business community.
11
12 The City Manager stated that the hardship necessary to grant
13 the variance is the shape of the lot . Mr . Bona ' s legal
14 counsel , Mr . Berndt , suggested a hardship could also be no
15 access to 27th Avenue, the irregular- shape of the lot and the
16 internal traffic circulation pattern . Mr . Bona has agreed to
17 no curb cuts on 27th Avenue.
18
19 Councilmember Marks cautioned that economic hardship can never
20 be the basis for granting a variance and is not legally viewed
21 as a hardship . In this particular case the shape of the lot
22 and eliminating the need to move the gas pumps are acceptable
23 conditions .
24
25 Motion by Marks , second by Wagner to approve the setback
variance requested by James Bona for the Unocal service
station at 2812 27th Avenue Northeast based on the same
28 conditions as cited by the Planning Commission
29
30
31 Motion carried unanimously
32
33
34 UNFINISHED BUSINESS
35
36
37 a . Ordinance No. 1993-007 ; Re : Business Identification Signs
38 (Third Reading)
39
40 Commissioner Werenicz stated that members of the Planning
41 Commission were surprised at the action of the Council to
42 approve the sign located at the Northgate Office Park. This
43 action was viewed by the Planning Commission as granting a
44 sign variance by being threatened with legal action by the
45 owner of the Office Park .
46
47 He stated that the Planning Commission is opposed to an
48 ordinance which would allow this . He cited the Kentucky Fried
49 Chicken establishment which could use this same ordinance in
50 this way .
•
• REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 9
4
5
6 The City Attorney advised that the Northgate variance goes
7 with the property. He noted that if the copy on the sign
8 changed that would constitute a new sign . In this case,
9 another hardship would have to be found to approve a variance.
10
11 Commissioner Werenicz recalled the Planning Commission had
12 recommended the sign variance be denied and the Council agreed
13 with this recommendation . Then , in the face of threatened
14 legal action, the Council approved it .
15
16 Councilmember Enrooth stated this is incorrect and the
17 approval was not based on potential legal action but rather on
18 research and an identified problem.
19
20 The City Attorney stated that this new ordinance would permit
21 any lawful existing sign to be replaced in the same location
22 and the same size even if there is a new business involved .
23
24 Councilmember Marks felt it was not the position of the
Planning Commission that each new owner would have to come
before the Planning Commission and the City Council .
Commissioner Werenicz stated this is the , position and the
28 preference of the Planning Commission.
29
30 Councilmember Enrooth felt this would be a difficult position
31 to legally defend.
32
33 Motion by Enrooth, second by Marks to approve the third
34 reading and adoption of . Ordinance No. 1993-007 being an
35 ordinance relating to signs ; amending Section 1400 . 08 to add
36 the replacement of business identification signs .
37
38 Motion carried unanimously
39
40 B. CITY COUNCIL REPORTS
41
42 1 . Report of Councilmember Wanner
43
44 Councilmember Wagner and City Manager Burt attended the
45 recent Apache Plaza Merchants Association meeting. They
46 clarified the issue regarding the reason for the delay of
47 the CUB Store commencing construction. The City is not
48 delaying any of the progress . Dennis Cavanaugh,
49 representing the Apache Owner, C.G. Rein Company,
50 admitted he is slowing the progress .
REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 10
4
5
6 Councilmember Wagner welcomed the new pastor of the. Faith
7 United Methodist Church. He is Pastor Dennis Alexander .-
8
9 2 . Report of Councilmember Fleming
10
11 Councilmember Fleming had nothing to report at this time .
12
13 3 . Report of Councilmember Enrooth
14
15 On July 12th, Councilmember Enrooth attended the Village
16 Fest meeting. Thirty five people were in attendance and
17 all the plans for the celebration are "on target . "
18
19 Apache Plaza has offered the use of the shopping center
20 for any activities possible if the weather is poor during
21 the celebration .
22
23 The next meeting of the Village Fest Committee is
24 scheduled for September which will be the last one for
5 1993 .
Councilmember Wagner had tickets for the Kiwanis Club
28 Pancake Breakfast .
29
30 4 . Report of Councilmember Marks
31
32 Councilmember Marks attended a camp out in honor of his
33 parents sixtieth wedding anniversary . He also became a
34 grandfather for the second time.
35
36 5. Report of Mayor Ranallo
37
38 Mayor Ranallo had nothing to report at this time.
39
40 6. Appointment of Planning Commission Member
41
42 Motion by Wagner, second by Marks to appoint Douglas
43 Bergstrom to the Planning Commission .
44
45 Motion carried unanimously
46
47 Councilmember Fleming inquired as to the consideration
48 given to the appointment of Chris Makowske to the
49 Planning Commission . She felt he would serve very well
50 and would do a good job for the City.
• 1 REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 11
4
5
6 Councilmember Marks remarked all the applicants were very
7 good. It was felt that Mr. Bergstrom brought outstanding
8 credentials to the Commission.
9
10 7 . Proclamation Declaring "National Night Out"
11
12 Motion by Enrooth, second by Marks to approve the
13 proclamation declaring August 3 , 1993 as "National Night
14 Out" in St . Anthony.
15
16 The City Manager reminded the Council that August 3rd is
17 also a scheduled City Council work session.
18
19 Motion carried unanimously
20
21 C. CITY MANAGER' S REPORT
22
23 The City Manager received a letter from the school district
24 Superintendent advising of the district' s intent to place a
25 portable classroom on the southeast corner of the Wilshire
26 Elementary School' s playground. The purpose of this space is
*-7 to accommodate special learning/special meeting needs .
28
29 The structure must be approved by the State and meet all state
30 code's . It will be put on the property in August and the City
31 Manager will place it on the Planning Commission agenda for
32 its September meeting. It is intended to be considered
33 temporary and plans to have it in place for two years have
34 been indicated.
35
36 Councilmember Enrooth felt the Planning Commission should not
37 be left out of the approval process and neither should the
38 neighbors adjacent to the School . He recommended the Planning
39 Commission hold a special meeting and a public hearing to
40 consider this issue .
41
42 Councilmember Fleming recognized the need for additional
43 space, but she felt it was unfortunate that the communication
44 between the school district mandates and the public is so poor
45 that this issue could not have been addressed on a more timely
46 basis .
47
48 August 3rd was the date selected for a special Planning
49 Commission meeting and a public hearing to discuss the
50 portable classroom issue .
• REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 12
4
5
6 There is a Bon Voyage party on July 15th for Dave Childs, who
7 - -- is leaving the position of City Manager -at New- Brighton.
8
9 Some members of the Council had noticed the pumps had been
10 removed at the Stop-N-Shop on 33rd Avenue and Stinson
11 Boulevard. When the owner came before the Council requesting
12 a variance part of his problem was because he felt the cost to
13 move the pumps would be prohibitive.
14
15 The City Manager advised that the location of the pumps when
16 they are being re-installed will . be the same as the former
17 location . New tanks are being put in to meet some Pollution
18 Control Agency requirements .
19
20 8 . PUBLIC HEARINGS
21
22 There were no public hearings .
23
24 9 . NEW BUSINESS
25
0 A. Change Order # 2 for Water System Improvements
28 This change order will allow for the installation of a limit
29 switch control system, a control panel modification and
30 additional conduit for the booster pumps and the pumphouse
31 installation . This will allow the system operator better
32 information regarding the existing control panel . The
33 modification will allow the booster pumps to operate as a well
34 from the existing well #7 control module in the existing
35 filtration plant control panel . Total cost of the change order
36 is $943 . 84 .
37
38 Motion by Marks , second by Enrooth to approve Change Order #2 .
39
40 Motion carried unanimously
41
42 B. Resolution No. 93-040 , Re: Development Agreement with
43 Unocal
44
45 City Attorney Soth reviewed the Development Agreement
46 specifically addressing the conveyance of a triangular piece
47 of property, there being no access onto 27th Avenue, and the
48 only access being on the "stub" street .
49
50
REGULAR COUNCIL MEETING
2 JULY 13 , 1993
3 PAGE 13
4
5
6 The City Manager advised that the berm will be about three to
7 -four feet- in -height with plantings- on top of it ;- This will
8 keep vehicular headlight glare from nearby residences .
9
10 The Mayor inquired as to Mr . Bona ' s plans for the former meat
11 market building.
12
13 Mr. Bona responded he has had some plans for the building for
14 over two years but presently is only concentrating on the
15 appearance of its front . He also apologized to members -of the
16 Council for the numerous letters they had received from some
17 of his supporters . He felt they may have been an irritant .
18
19 Motion by Marks , second by Wagner to approve Resolution No.
20 93-040 being a resolution approving the agreement between the
21 City of St . Anthony and the St . Anthony Unocal and authorizing
22 the Mayor and City Manager to execute said agreement .
23
24 Motion carried unanimously
5
10 . UNFINISHED BUSINESS
28 A. Ordinance No . 1993-008 , Re : Rezoning for Property on
29 Silver Lake Road (Third Reading)
30
31 The Mayor recalled there had been a certain sense of urgency
32 to have everything required by the City done quickly to
33 accommodate the medical building construction schedule. Now
34 that everything is done there appears to be no action.
35
36 The City Manager advised that a call had been received from
37 the builder requesting permit information and stating activity
38 should begin by the end of the month. He noted there is still
39 no development agreement in place and the developer is aware
40 there is a risk . Presently, the project is thirty to forty-
41 five days behind schedule .
42
43 Motion by Wagner, second by Fleming to approve the third
44 reading and adoption of Ordinance No. 1993-008 being an
45 ordinance relating to zoning, rezoning certain property from
46 residential to commercial .
47
48 Motion carried unanimously
49
50
•
REGULAR COUNCIL MEETING
JULY 13 , 1993
3 PAGE 14
4
5
6 Members of the Council had noticed that trees have been cut
- 7 down on a vacant lot on Edward Street near 36th Avenue. The
8 Management Assistant will get information on this activity.
9 The City Manager recalled the parcel has a spring located on
10 it and there is question if it is buildable.
11
12
13 11 . ADJOURNMENT
14
15 Motion by Marks , second by Enrooth to. adjourn_ the meeting at
16 8 : 25 p.m.
17
18 Motion carried unanimously
19
20
21 Respectfully submitted,
22
23
24 Jo-Anne Student , Council Secretary
25
0 - �7
28 ayor Clarence Ranallo
29
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31 ATTEST:
32 City Cler
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