HomeMy WebLinkAboutCC MINUTES 09281993 Meeting Sheet
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Folder: CC MINUTES AND AGENDAS 1993
Document: CC MINUTES 09281993
CITY OF ST. ANTHONY
REGULAR COUNCIL MEETING
4
5 SEPTEMBER 28 , 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 Pro-tem Enrooth.
12
13
14 2 . ROLL CALL
15
16 Council Present : Mayor Pro-tem Enrooth and Councilmembers
17 Marks , Fleming and Wagner
18
19 Council Absent : Mayor Ranallo
20
21 Staff Present : City Manager Burt and City Attorney Soth
22
23
24 3 . APPROVAL OF SEPTEMBER 28 , 1993 COUNCIL MEETING AGENDA
25
^� Motion by Marks , second by Fleming to approve the agenda for
the September 28 , 1993 Council Meeting with the following
additions : To the City Manager ' s Report add a proclamation and
29 move 9-B, Resolution No. 93-048 from New Business to
30 immediately after the approval of the verified claims .
31
32
� ? Motion carried unanimously
34
35
36 4 . APPROVAL OF SEPTEMBER 14 , 1993 COUNCIL MEETING MINUTES
37
38 Motion by Marks, second by Wagner to approve the minutes of
39 the September 14 , 1993 Council Meeting with the following
40 addition:
41
42 page 9, line 50 : Add the following motion: "Motion by Fleming,.
43 second by Ranallo to table Resolution No. 93-048 until the
44 next Council Meeting.
45
46 Motion carried unanimously"
47
48 Councilmember Wagner presented a plaque to Rick Werenicz in
49 recognition of his eight years of good and faithful service on
50 the Planning Commission.
1 REGULAR COUNCIL MEETING
SEPTEMBER 28 , 19.93
PAGE . 2
4
5
6 5. LICENSES/PERMITS/PRESENTATIONS
. 7
8 There were no license nor permit applications and no
9 presentations .
10
11 6. PRESENTATION OF CLAIMS
12
13 Motion by Marks, second by Fleming to approve the following
14 claims:
15
16 A. Maier Stewart & Associates
17
18 1 . Payment in the amount of $2 , 574 . 90 for engineering
19 services rendered from August 1 , 1993 through August 28,
20 1993 for construction inspection of 1993 overlay
21 improvements .
22
23 2 . Payment in the amount of $1 , 183 . 44 for engineering
24 services rendered from August 1 , 1993 through August 28 ,
25 1993 for the concrete rehab on 37th Avenue Northeast .
26
3. Payment in the amount of $1 , 424 . 74 for engineering ;
services rendered from August 1 ,1993 through August 28,
29 1993 for construction administration on the 37th Avenue
30 Northeast concrete rehab.
31
32 4 . Payment in the amount of $5, 090 . 10 for engineering
33 services rendered from August 1 , 1993 through August 28 ,
34 1993 for a feasibility study of the 1993 street
35 improvements .
36
37 B. Dorsey & Whitney Law Firm
38
39 1 . Payment in the amount of $1 , 550. 84 for legal services
40 rendered regarding the . $470 , 000 general obligation
41 improvement bonds
42
43 2 . Payment in the amount of $1 , 988 . 70 for legal services
44 rendered through July 31 , 1993 for various matters .
45
46 C. Verified Claims
47
48 Payment of the three pages of verified claims as submitted by
49 the Finance Director.
50 Motion carried unanimously,
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 3
4
5 Resolution No. 93-048 , Re: Receivina Feasibility Study and
6 Orderina Plans for 1994 Street Improvements
8 This item had been tabled at the September 13th Council
9 Meeting.
10
11 The City Manager advised that the resolution can still be
12 adopted in its present form for receiving the feasibility
13 study. That part of the resolution which addresses designating
14 the engineering firm for preparing the improvement plans can
15 be amended if the Council so chooses .
16
17 Mayor Pro-tem Enrooth inquired as to the status of the process
18 regarding the 1994 street improvements .
19
20 The City Manager responded that the specifications were
21 ordered today and would take about thirty days to complete.
22 The informational meetings could be held in November and the
23 bids could be taken in January or February.
24
25 Virgil Hawkins , representing Maier Stewart & Associates, gave
"S a status report on the 1993 street improvements projects .
Using overhead graphs , he reviewed street elevations and
driveway elevations of particular properties . These two issues
29 were of primary concern to affected property owners .
30
31 Mr. Hawkins contended that what had been said to property
32 owners at the informational meetings and public hearings had
33 been misinterpreted. He noted that ` t is impossible - to replace
34 streets exactly as they had been.
35
36 Mr. Hawkins stated that the areas where compaction had taken
37 place were tested. A few residents felt the compaction was
38 done very poorly and would cause problems in the future. He
39 also stated that the compaction testing reflected an
40 acceptable amount of compaction.
41 ,
42 Residents at 3412 31st Avenue and 3505 31st Avenue indicated
43 they were not convinced that the compaction was done correctly
44 and would need no further work.
45
46 Joe Sevick, 3505 31st Avenue rented compacting equipment and
47 did some of the work himself . He felt that . there was a
48 definite lack of communication between the contractor and the
49 residents .
50
•
1 REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
9 PAGE 4
4
5
6 Mr. Hawkins noted that there is a one year warranty against
7 settlement for the compaction work done by the contractor.
8
9 Mary Ann McNeil , 3500 31st Avenue, had serious concerns with
10 the manner in which her steps were replaced and her electric
11 light was torn up. Mr . Hawkins assured her the contractor will
12 re-do this job until she is satisfied.
13
14 Councilmember Fleming felt the essence of property owners
15 concern was they should not have to oversee any of this
16 project to guarantee the work is done correctly.
17
18 Bob Stroncek, 3416 31st Avenue, inqu.ired what is reasonable to
19 expect from the sod which has been replaced in this project .
20 Mrs . Stroncek noted there are three shades of green in their
21 yard after this project was done. Other property owners
22 advised that some of their sod doesn ' t look very healthy at.
23 this point in time and is very mushy.
24
25 Virgil Hawkins responded that the ground is very•..moist . He
noted it will eventually dry out and a water truck will be
coming regularly to keep .the sod moist . There is usually a
thirty day watering period and there is a warranty which goes
29 until October 25 , 1993 .
30
31 The condition of the sod will be evaluated in thirty days . If
32 the condition of the sod is not acceptable the warranty will
33 be extended until the next growing period. If there is any
34 frost kill or winter ki-11 this will be taken care of by the
35 contractor.
36
37 Jim Higgins , 3409 31st Avenue, inquired what measures will be
38 taken regarding his stop box. The stop box had been run over
39 and is no longer visible. Mr. Hawkins responded this is the
40 contractor ' s responsibility to bring the stop box to grade and
41 this item is on the "punch list" for the contractor.
42
43 Discussion continued regarding some of the changes made to the
44 project after it had begun. It was felt by residents that the
45 changes happened only because they insisted on them. Mr.
46 Hawkins acknowledged that there was a six inch change in
47 response to residents ' concerns .
48
49 Councilmember Wagner recalled his experience with the
50 reconstruction of a portion of 37th Avenue.
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 5
4
5
6 Councilmember Fleming observed that 37th Avenue had its
7 inconveniences but it was not an assessed project . She felt
8 there was a difference in that the project under discussion
9 was very costly for the benefitted property owners . She also
10 questioned the denial of visible items in the project and
11 wondered if the items which were not visible should be an
12 issue.
13
14 Some residents had concerns regarding access to their
15 properties . At the informational meetings , residents were
16 advised they would be notified when access to their property
.17 would not be possible. They were not notified .
18
19 In some cases , a considerable amount of time and expense was
20 incurred by replacing soil so there could be accessibility.
21 Many residents felt this was nota legitimate expense nor very
22 professional .
23
24 One property owner inquired if this project may have been too
25 big and perhaps a block-by-block project should be considered
's. for 1994 . Councilmember Wagner advised this approach would be
very expensive.
29 The City Manager stated that three blocks is the average for
30 a manageable project size. He also noted that utilities are
31 being placed off of the right-of-way so the street will not
32 have to be dug up when repairs are needed. Utility companies
33 are always informed when a street is being reconstructed so
34 they have access at the same time.
35
36 Joe Sevick distributed a project status report which he had
37 drafted.
38
39 -Bud Mayer, a thirty year resident of St . Anthony, suggested
40 there appears to be a great gulf of credibility involved
41 between the residents and Maier 'Stewart & Associates . He felt
42 a one year vacation from the services of this firm would be
43 appropriate.
44
45 Mr. Hawkins advised that the anticipated completion of this
46 project will be in two weeks . Ten percent payment of the
47 Miller bill has been retained, by his firm. The warranty on the
48 sod work wi 11 go unt i 1 September. of 1994 . More testing wi 11 be
49 done of t-he compaction to make sure it is done
50 satisfactorally.
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 6
4
5
6 Mr. Higgins inquired if the contract on the sod and the
7 compacting could be extended two or three years .
8
9 The City Attorney advised that the contracts are all signed
10 and have a one year warranty. After that year passes, the City
11 has no recourse with the contractor. The City may be able to
12 do some work with fill if this becomes necessary.
13
14 Lorraine Narog, who lives on 31st and Hilldale, noted her
15 street is scheduled for a project next year. She has lost
16 confidence with what she has heard at this meeting.
17
18 Councilmember Marks stated he knows no one on the Council
19 wants to repeat this type of .meeting next year. 'He feels
20 communication and advance information should be primary with
21 the 1994 projects .
22
23 Discussion followed regarding having only one phone number or
24 one person to be contacted when there are questions or
25 concerns about progress of a given project . Councilmember
26 Marks felt this would facilitate keeping an accurate log of
concerns and information. He also stated this information
should be routed to all members of the City Council as well as
29 other appropriate persons .
30
31 Motion by Fleming, second by Wagner to table approval of
32 Resolution No. 93-048 for two weeks with the intention of
33 replacing the designated engineering firm.
34
35 Councilmember Marks stated there is no problem with the
36 feasibility study mentioned in the resolution. He felt there
37 should be some criteria established before engineering
38 services are solicited. Changing firms will interrupt
39 continuity being experienced with Maier Stewart & Associates .
40 Also, communication should be specifically addressed.
41
42 Councilmember Marks felt there could be advantages in
43 selecting an engineering firm who has experienced problems
44 such as those associated with this project and have learned
45 from those problems .
46
47 Councilmember Wagner supports the position that some valuable
48 experience will be lost if this particular firm does not
49 continue working on the 1994 :project..
50
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 7
4
5
6 Councilmember Wagner noted he had initially intended to
7 support continuing the use of the services of Maier Stewart &
8 Associates . After listening to the residents ' complaints he
9 now feels that the firm should not be considered for 1994 but
10 perhaps should be considered after that .
11
12 Councilmember Enrooth felt a one year "hiatus" is .a good idea
13 for Maier Stewart & Associates .
14
15
16 Motion carried unanimously
17
18 RECESS : 8 : 56 p.m.
19
20 RECONVENE: 9: 02 p.m.
21
22
23 7 . REPORTS
24
25 A. Planning Commission - September 21 , 1993
Commissioner Thompson was in attendance representing the
Planning Commission.
29
30 1 . Subdivision/Plat Approval - Jerome Holewa, 3483 Silver
31 Lane
32
33 Commissioner Thompson advised this subdivision approval
34 request received considerable opposition from neighbors in the
35 area. A petition was presented opposing approval of the
36 request . The Planning Commission recommended denial of the
37 request .
38
39 Commissioner Thompson felt the request had been withdrawn
40 since it was not on the agenda for tonight ' s Council meeting.
41
42 2 . Garage Setback Permit - Scott Barton, 3515 Hardina Street
43
44 Commiss-inner Thompson noted that this request was recommended
45 for denial by the _Planning Commission. The Planning Commission
46 felt the request~ did not meet the original intent of the City
47 for creating the garage setback permit ordinance. Also,
48 several people spoke against the request and the proposed
49 sideyard setback caused concerns for fire safety.
50
1 REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 8
4
5
6 Other items of business mentioned by Commissioner Thompson
7 included a concept review of the service station at 2700
8 Kenzie Terrace; appointment of Commissioner Gondorchin to the
9 position of Vice Chair for the remainder of 1993 ; designation
10 of Commissioner Bergstrom as the Planning Commission ' s
11 representative to the Environmental Quality/Recycling
12 Committee; and, designating Commissioner Madden to the
13 Economic/Redevelopment Task Force.
14
15 Referring to the setback permit request , Councilmember Marks
16 inquired if this would need proof of a hardship. The City
17 Manager responded that the permit process _does not need proof
18 of a hardship.
19
20 Mr. Barton submitted a revised map of this property which
21 showed some new plans he has for the garage and the breezeway.
22 His request would now be for five inches rather than three
23 feet .
24
25 Councilmember Enrooth observed that since there was amendments
.26 made to the request it should be returned to the Planning
Commission for reviewal . The City Manager also felt this would
be appropriate to be fair to the neighbors as they had
29 understood it was over at the Planning Commission public
30 hearing.
31
32 Mr. Barton felt much of the discussion at the public hearing
33 by his neighbors. was irrelevant to his request . He sent a
34 letter to all members of the Council stating this opinion. He
35 also felt many of the comments made at the public hearing
36 negatively impacted on the Commission members who ultimately
37 recommended denial of his request .
38
39 Mr . Barton was of the opinion that there had been recruitment
40 of opposition by some of his neighbors . He stated his primary
41 reason for wanting to move his garage is that it takes a
42 tremendous amount of space in his back yard.
43
44 Don Dick, 3519 Harding Street , refuted Mr. Barton' s statement
45 regarding not receiving a fair hearing. He noted that the
46 house was damaged when it was purchased by Mr. Barton and Mr.
47 Dick could see no improvement in the property at this point in
48 time. He also feels Mr. Barton' s plans appear to be rather
49 indefinite as to the future of the property.
50
REGULAR COUNCIL MEETING
SEPTEMBER- 28 , 1993
PAGE 9
4
5
6 The City Manager advised that the garage could be moved
7 without a permit and would be located within three feet of Mr.
8 Dick ' s property. He felt this issue should be referred back to
9 the Planning Commission which would be in a position to review
10 state statute and local code requirements. He also noted that
11 if the garage is moved a permanent driveway would be required.
12
13 The City Attorney concurred that the matter should be
14 revi.sited by the Planning Commission in that the plan has been
15 altered.
16
17 A neighbor of . Mr. Barton ' s stated she felt he had been
18 discriminated against and had not . received a fair public
19 hearing. She was of the opinion that most neighbors hated the
20 house and were not willing to support Mr. Barton in his plans
21 to improve the property.
22
23
24 Motion by Marks , second by Wagner to refer this request back
25 to the Planning Commission.
�5
Motion carried unanimously
29 B. Council Reports
30
31 1 . Report of Councilmember Marks
32
33 Councilmember Marks had nothing to report at this time.
34
35 2 . Report of Councilmember Wagner
36
37 Councilmember Wagner noted that Hennepin County is holding a
38 household hazardous waste collection at the Armory on Broadway
39 Street Tuesday through Saturday.
40
41 3 . Report of Vouncilmember Fleming
42
43 Councilmember Fleming had nothing to report at this time .
44
45 4 . Councilmember Enrooth
46
47 Councilmember Enrooth reported that there was much less
48 material brought to the Recycling Center for the recent City
49 -clean-up. He felt some of this may be due to having less
50 brush. The revenue from the clean-up was also down.
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 10
4
5 C. Report of the City Manager
6
7 1 . Vacancy on Environmental Recyclina/Ouality Committee
8
9 The City Manager advised there is a vacancy on the
10 Environmental Recycling/Quality Committee and a vacancy on the
11 Planning Commission . He inquired if the Council wanted to make
12 selections to fill these vacancies from the same lists
13 previously used. It was decided this would be an item for
14 discussion at the next Council work session.
15
16 2 . 27th and Coolidae Street
17
18 The Mayor has been receiving calls from residents in the area
19 of 27th and Coolidge Street about some dirt left from the
20 project in that location. The City Manager will be sending a
21 letter to neighbors in the area explaining that the dirt left
22 was because of a contractor 's error relative to the Good Luck
23 Cafe site. It has not been removed as the City has been using
24 some of the fill .
25
26 3 . Purchase of Lots
Some one had questioned the wisdom of purchasing some property
2'9 from a resident adjacent to the 27th and Coolidge Street
30 project . This purchase could perhaps produce three buildable
31 lots which could be sold for development .
32
33 The City Manager advised this acquisition would result in a
34 non-conformance which would require a platted variance. This
35 would be precedence setting and is not desirable.
36
37 4 . Proclamation
38
39 Motion by Marks , second by Wagner to approve the proclamation
40 designating the month of October, 1993 as "SHARE YOUR CHAIR"
41 month which is a proclamation that maximizes independence of
42 individuals when they have a need.
43
44 Motion carried unanimously
45
46 5 . Desianate Votina and Alternate Voting - NLC Conference
47
48 Councilmembers Enrooth and Wagner will be attending the
49 National League of Cities Conference in Orlando, Florida. They .
50 will discuss the voting strategy with the City Manager.
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 11
4
5
6 6 . Liquor Operations 1992 Uncollectable Checks
7
8 Motion by Marks , second by Wagner to authorize that the two
9 pages of uncollectable checks be written off .
10
11
12 Motion carried unanimously
13
14 8 . PUBLIC HEARINGS
15
1.6 A. Easement Vacation - Diamond 8 Apartments (Resolution No .
17 93-049 )
18
19
20 The Public Hearing was opened at 8,: 47 p.m.
21
22
23 The owner of Diamond 8 Apartments is refinancing. During this
24 process they discovered that the building has been constructed
25 over a City storm sewer easement . Vacating that portion of the
'S easement on which the building is contructed presents no
problem for the City. .
29 Motion by Marks, second by Wagner to close the Public Hearing
30 at 8 : 50 p.m.
31
32 Motion by Marks , second by Fleming to adopt Resolution No. 93-
33 049 being a resolution vacating a portion of an easement for
34 street and utility purposes .
35
36 Motion carried unanimously
37
38
39 8 . NEW BUSINESS
40
41 A. Change Order #1 , 1993 Street Improvement - Request for
42 Extension
43
44 Virgil Hawkins of Maier Stewart& Associates explained that a
45 fourteen day extension on the 1993 street improvements project
46 is needed because of the weather delays and added work
47 required by Hennepin County.
48
49 The City Manager advised that all of the associated costs of
50 Change Order #1 will be paid from HRA funds .
1 REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 12
4
5
6 Motion by Marks , second by Wagner to approve Change Order #1
7 in the amount of $9, 831 . 20 as requested by the contractor.
8
9
10 Motion carried unanimously
11
12
13 B. Resolution No. 93-054 ; Re: Award Construction Bid for
14 37th Avenue Street Rehabilitation
15
16 Motion by Marks , second by Wagner to approve Resolution No.
17 93-054 being a resolution awarding a bid for 37th Avenue
18 Northeast concrete rehabilitation .
19
20 The City Manager stated this should be a thirty day project
21 and there will be no resident assessments . All of the costs
22 will be .paid by state aid funds . A letter will be sent to
23 affected property owners advising them of what will transpire
24 with the project .
25
26 Motion carried unanimously
29 C. Resolution No 93-055 ; Re: Callina for a .Hearina for 1993
30 Street Improvements (overlays )
31
32 The date selected for this hearing is October 12 , 1993 at 7 : 00
33 p.m. in the City Council Chambers .
34
35 Motion by Marks , second by Wagner to approve Resolution No.
36 93-055 being a resolution calling a hearing on proposed
37 assessment for 1993 street improvements .
38
39
40 Motion carried unanimously
41
42
. 43 D. Resolution No. 93-053 ; Re: Aareement for Police Services
4444 for City of Lauderdale
45
46 Motion by Marks , second by Wagner to approve Resolution No.
47 93-053 being a resolution approving the joint powers agreement
48 for police ser-vices with the City of Lauderdale and
49 authorizing the Mayor and City Manager to execute said
50 agreement .
REGULAR COUNCIL MEETING
SEPTEMBER 28 , 1993
PAGE 13
4
5
6 The Police Chief felt this agreement will be beneficial to
7 both cities as'Lauderda-le will receive quality service and St .
8 Anthony will have an opportunity to grow.
9
10 The City Attorney noted a correction on page 2 , Article IV.
11 The year of " 1997" should be " 1996. " He also requested that
1'2 the section regarding "Prosecution" , page 4 , XVII be deleted
. 13 in its entirety. Prosecutions will be handled by Ramsey
14 County.
15
16 Councilmember Enrooth inquired if the regulations imposed by
17 Ramsey County change in the near future. The City Manager
18 responded this is unlikely but it can be studied at a later
19 date.
20
21 The City Manager suggested that the City Councils of St .
22- Anthony and Lauderdale meet quarterly during the year to
23 discuss this joint powers agreement .
24
25 Motion carried unanimously
2�
E. Aproval of Judaes for 1993 City Election
29
30 Motion by Marks , second by Wagner to approve the list of
31 election judges for the November 2, 1993 City election as
32 prepared by the City Clerk .
33
34
35 Motion carried unanimously
36
37
38 F. Ordinance No 1993-013 ; Re: Chanae in Number of Amusement
39 Devices Per Establishment ( first readina)
40
41 Motion by -Marks , second by Wagner to approve the first reading
42 of Ordinance No. 1993-013 being an ordinance relating to
43 amusement devices amending Section 505 . 02 of the 1993 St .
44 Anthony Code of Ordinances .
45
46 This ordinance will allow only fifteen amusement devices per
47 establishment which is a change from the thirty five formerly
48 allowed.
49
50 Motion carried unanimously
I REGULAR COUNCIL MEETING
'it ' SEPTEMBER 28 , 1993
PAGE 14
4
5
6 10 . ADJOURNMENT
7
8 Motion by Marks, second by Wagner to adjourn the meeting at
9 10 : 05 P.M.
10
11 Motion carried unanimously
12
13
14
15
16 Respectfully submitted,
17
18
19 Jo-Anne Student , Council Secretary
20
21
22
23 Mayor Pro-tem Richard Enrooth
24
25
26 ATTEST:
City Clerk
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