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HomeMy WebLinkAboutCC MINUTES 10121993 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101238 Box: 19 Folder: CC MINUTES AND AGENDAS 1993 Document: CC MINUTES 10121993 CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING 4 5 OCTOBER 12 , 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 20 21 22 3 . APPROVAL OF OCTOBER 12 , 1993 COUNCIL MEETING AGENDA 23 24 The City Manager requested that Resolution No. 93-059 be added 25 to New Business and that the dollar amounts be added to Resolution No. 93-048 under Unfinished Business . He also is requested that item A-1 under. Reports be removed. This item 2.8 was an appointment to the Planning Commission. 29 30 Joe Papatola had indicated he may be in attendance at the 31 Council Meeting to discuss an ordinance. The City Manager 32 advised this could be added if Mr . Papatola actually attends .- 33 34 Motion by Marks ,- second by Wagner to approve the agenda with 35 the amendments recommended by the City Manager. 36 37 38 Motion carried unanimously 39 40 41 . 4 . APPROVAL OF SEPTEMBER 28 , 1993 COUNCIL MEETING MINUTES 42 43 Motion by Marks , second by Enrooth to approve the minutes of 44 the September 28 , 1993 Council Meeting with the following 45 corrections : 46 47 page 1 , line 48 : after the word* "presented" insert "in behalf 48 of the City Council " 49 page 9, line 8 : before the word "permit" insert the word 50 "setback" J REGULAR COUNCIL MEETING OCTOBER 12 , 1993 3 PAGE 2 4 5 page 9, line 8 : Correct the word "three" to "five" 6 page 10 : add to the end of the last paragraph "Councilmember 7 Enrooth will be the delegate and Councilmember Wagner will be 8 the alternate. " 9 10 Motion carried unanimously 11 12 13 5. LICENSES/PERMITS/PETITIONS 14 15 Motion by Marks , second by Wagner to approve the following 16 license applications : 17 18 Contractors ' Licenses 19 20 Mikkelson-Wulff Construction , Hopkins , Mn. 21 Ettel and Franz Company, St . Paul , Mn . 22 Diversified Construction , St . Louis Park, Mn . 23 J.R. Wilson Custom Homes , New Brighton, Mn. 24 Coronet Company, Inc. , St . Louis Park, Mn . 25 Heating Licenses Doody Mechanical , St . Paul , Mn . 29 Krinkie Heating & Air Conditioning, St . Paul , Mn. 30 31 Motor Vehicle Starting License 32 33 Dick ' s St . Anthony 66, 34 35 Motion carried unanimously 36 37 Temporary 3 . 2 Beer License 38 39 Motion by Wagner, second by Fleming to approve the temporary 40 3 . 2 beer license to the St . Charles Mardi Gras on February 13 , 41 1994 . 42 43 Roll call : Ranallo, Enrooth, Fleming, Wagner - aye 44 Marks = nay 45 46 Motion passes 47 48 49 6. PRESENTATION OF CLAIMS 50 REGULAR COUNCIL MEETING OCTOBER 12 , 1993 3 PAGE 3 4 5 A. Progressive Contractors, ' Inc. 6 7 Motion by Marks , second by Wagner to approve payment in the 8 amount of -$50 , 842 . 80 to Progressive Contractors, Inc. for 9 concrete street rehabilitation of 37th Avenue. 10 11 The City Manager advised this payment is for the road work 12 only and the -sidewalk project is still left to be done. Ten 13 percent of the total is being retained . 14 15 Virgil Hawkins , representing Maier Stewart & Associates, 16 stated this is a partial payment and does not include the 17 sidewalk work . 18 19 Motion carried unanimously 20 21 B. W.B. Miller, Inc . 22 23 Motion by Marks , second by Wagner -to approve payment in the 24 amount of $88 , 203. 64 to W.B. Miller, Inc. for 1993 street and 25 utility improvement projects . The Ci ty Manager advi sed that the sand st i 11 has to be removed 28 from the sanitary sewer line. He noted there is also a. punch 29 list of many items which remain to be done. The City is 30 afforded considerable leverage as it holds a performance bond 31 on this firm. 32 33 Virgil Hawkins felt the cost of all of the items on the punch 34 list would be between four and five thousand dollars . He also 35 stated that the contractor is aware of the date by which all 36 of the work should be completed. An additional five thousand 37 dollars of costs could be incurred with the removal of the 38 sand. 39 40 Motion carried unanimously 41 42 C. Minnesota Department of Natural Resources 43 4.4 Motion by. Marks, second by.:Ranallo to approve the following 45 amounts to be paid to the Department of Natural Resources : 46 47 1 . Payment of $374 . 00 for use of City wells in 1989. 48 2 . Payment of $886. 29 for use of City wells in 1990 . 49 3 . Payment of $1 , 156. 79 for use of City wells in 1991 . 50 4 . Payment of $1 , 185. 80 for use of City- wells in 1992 . REGULAR COUNCIL MEETING OCTOBER 12, 1993 3 PAGE 4 4 5 6 The City Manager advised these charges are for the City to use 7 its own wells . He noted that they have increased each year and 8 this increase is anticipated to continue. 9 10 Discussion followed what would happen if these charges were 11 not paid. The City Manager felt the DNR would probably go to 12 the Legislature to have penalties placed on non-payments or it 13 could be taken from the City' s Local Governmant Aid alloca- 14 tion. 15 16 These charges were viewed as classic examples of unfunded 17 mandates placed on the City by the State. 18 19 Councilmember Marks felt paying them was an admission of 20 culpability -for the City. 21 22 Members of the Council requested this example of unfunded 23 mandates be brought to the attention to elected representa- 24 tives of the City. The City Manager was requested to draft a 25 letter which addressed this issue to Senator Marty and Representative McGuire. - It was noted that the Department of Health and three other 29 state departments request the same- information as the DNR and 30 do not charge for it . 31 32 Motion carried - unanimously .33 34 D. . City of New Brighton 35 36 Motion by Marks, second by Enrooth to approve payment in the 37 amount of $9, 275 . 00 to the City of New Brighton for the 38 purchase of its sewer jetting machine. 39 40 The City Manager stated that these funds will be taken from. 41 the City's Water Fund. _ 42 43 Motion carried unanimously 44 4.5 E. Verified Claims 46 47 Motion by Wagner, second by Marks to approve payment of the 48 five pages of verified claims as .prepared by the Finance 49 Director. 50 Motion carried unanimously REGULAR COUNCIL MEETING OCTOBER 12 , 1993 3 PAGE 5 4 5 6 7. REPORTS 7 8 A. Council Reports 9 10 11 1 . Report of Councilmember Wagner 12 13 Last week , Councilmember Wagner attended the meeting of the 14 Apache Plaza Merchants Association . AlithoughDennis Cavanaugh, 15 of the Plaza management company, has not spoken to the 16 merchants about the coming of the new CUB Store, there is a 17 feeling that there is a problem. 18 19 John Ohli gave a presentation on theft in business .and NSF 20 checks . The presentation was well received and the merchants 21 indicated their interest in hi-s being invited back. 22 23 The merchants requested that there be more drive-thrus by 24 squad cars around the shopping center . They specifically 25 requested increased police presence between 9: 00 and 9: 30 p.m_. goIn response to the. Mayor ' s inquiry regarding merchant ' s dues, 28 the City Manager- noted he will contact Dennis Cavanaugh about 29 the dues and the liquor store lease agreement . 30 31 32 2 . Report of Councilmember Fleming 33 34 Councilmember Fleming attended the Minnesota League of Human 35 Rights Seminar at which Dr. Gisella Konopka was the guest 36 speaker. Dr . Konopka gave some of her experiences during the 37 second world war in Germany. Her message was she hoped these 38 types of experiences would never be repeated. 39 40 Councilmember Fleming accepted a certificate on behalf of St . 41 Anthony Village from the . Minnesota League of Human Rights 42 Commission . 43 44 She also attended the retirement party for Officer John 45 McQueen and on behalf of the City Council presented him an 46 award. 47 48 A recent edition of the Star Tribune carried an article which 49 focused on a group of eighteen protesters of the DARE Program. . 50 REGULAR COUNCIL MEETING OCTOBER 12 , 1993 PAGE 6 4 5 6 This group, which offices ' in Minneapolis , is critical of the 7 organization and its activities . Councilmember Fleming wrote 8 a response letter to the paper and hopes it will be printed. 9 She noted the group also received radio and television 10 coverage. 11 12 13 3 . Report of Councilmember Marks 14 15 The Sister City Committee held a meeting recently which 16 started at 6: 00 a.m. 17 18 David Braslow, a St . Anthony resident , had visited Salo, 19 Finland, St . Anthony' s Sister City. He gave a report on his 20 visit . Members of the Committee would like him to report at a 21 future Council Meeting. 22 23 While Mr. Braslow was visiting Salo, discussion was had 24 regarding an exchange program between school students of the 25 two cities . A pen-pal club has been suggested to Dave 26 Abrahamson, principal of Wilshire Park Elementary School . Mr. Abrahamson will see if there is any interest in the school population. 29 30 4 . Report of Councilmember Enrooth 31 32 Councilmember Enrooth thanked Dave Urbia, the City ' s 33 Management Assistant , for his services. He felt Dave' s 34 interest and expertise in environmental issues was 35 particularly beneficial to the City and the Council . 36 37 Dave Urbia has resigned his position and accepted a position 38 as City Administrator in Blue Earth. 39 40 5. Report of Mayor Ranallo 41 42 Mayor Ranallo visited the first grade .class at Wilshire Park 43 Elementary School . He found the children very well informed 44 and knowledgeable. 45 46 The Mayor has received resident calls regarding signs at 47 various gas stations in the City. One specific station has 48 drawn resident attention in that it has been changing signs on 49 a weekly basis . These are very large temporary signs. 50 REGULAR COUNCIL MEETING OCTOBER 12 , 1993 3 PAGE 7 4 5 6 The City Manager advised that by ordinance temporary signs can 7 be displayed no more than thirty days each year. This station 8 is in violation of the ordinance. 9 10 This station owner had received verbal warnings as well as a 11 letter advising him of his non-compliance. He was also advised 12 of the timeframe in which he had to comply with -the ordinance. 13 He received a citation today for non-compliance. 14 15 The City Manager noted that the Mico Service Station on 37th 16 Avenue and Stinson Boulevard is for sale. The Mayor has 17 observed what appears to be painting and remodeling being done 18 at that location . 19 20 The Public Works Director was advised there was to be only 21 painting done. Staff will follow through on this matter . 22 23 24 B. City Manader ' s Report 25 The City Manager noted that Mr. Papatola was not in attendance so there will be no discussion about his issue. 28 29 8 . PUBLIC HEARINGS 30 31 A. 1993 Street Improvements Project 32 33 The Public Hearing was opened at 7 : 40 p.m. . 34 35 The City Manager advised that assessment hearing notices were 36 sent out to all affected property owners . Virgil Hawkins of 37 Maier Stewart & Associates was in , attendance to answer any 38 questions . 39 40. The assessments are for ordering overlay improvements on 41 Rankin Road and Croft Drive as well as confirming assessments 42 for various improvements on the same roadways . 43 44 There was no one in attendance to speak to the improvement 45 project . 46 47 Motion by Marks, second by Enrooth to, close the public hearing 48 at 7 : 42 p.m. 49 50 Motion carried unanimously I REGULAR COUNCIL MEETING OCTOBER 12 , 1993 0 PAGE 8 4 5 1 . Resolution No. 93-05.7, Re: Ordering Improvements 6 7 Motion by Marks, second by Wagner to adopt Resolution No. 93- 8 057 being a resolution ordering improvements being. a 9 bituminous overlay on Rankin Road ( from Old Highway 8 to 32nd 10 'Avenue) and Croft Drive ( from 31st Avenue to 200 feet along 11 32nd Avenue beyond the cul-de-sac. ) 12 13 Motion carried unanimously 14 15 2 . - Resolution No. 93-058 , Re: Adopting and Confirming 16 Assessments 17 18 Motion by Marks , second by Enrooth to adopt Resolution No. 93- 19 058 being a resolution adopting and confirming assessments for 20 various public improvements . . 21 22 Motion carried unanimously 23 24 9. NEW BUSINESS 25 A. Resolution No. 93-056, Re: Unfunded Mandates The National League of Cities is encouraging all cities to 29 pass this resolution so there will . be an impact on the 30 national level as well as on the state level regarding 31 unfunded mandates placed on cities . 32 33 The League of Minnesota Cities is also -participating and had 34 sent a draft letter for city councils to adopt . .. 35 36 Councilmember Fleming cited the mandate to dispose of 37 fluorescent bulbs with no avenue for disposal in place. 38 39 Motion by Enrooth, second by Marks to adopt Resolution No. 93- 40 056 being a resolution on unfunded. mandates . 41 42 Motion carried unanimously 43 44 B. Resolution No. 93-059, Re: Hellickson'_s Addition 45 46 Doing the title search for the Hellickson ' property it was 47 discovered that this parcel was always to be used as a beauty 48 shop as included in the Planned Unit. Development Ordinance 49 which was passed in 1980 . 50 • REGULAR COUNCIL MEETING OCTOBER 12 , 1993 3 PAGE 9 4 5 6 The City Attorney reviewed the situation and recommends 7 adoption of the resolution . 8 9 Motion by Marks , second by Wagner to adopt Resolution No. 93- 10 059 being a resolution relating to Hellickson ' s Addition. 11 12 13 Motion carried unanimously 14 15 10 . UNFINISHED BUSINESS 16 17 A. Ordinance No. 1993-013 , Re: Amusement Devices ( third 18 readina) 19 20 Motion by Enrooth, second by Wagner to approve the third 21 reading and passage of Ordinance No. 1993-013 being an 22 ordinance relating to amusement devices , amending Section 23 505. 02 of the 1993 St . Anthony Code of Ordinances . 24 25 Motion carried unanimously 28 29 B. Resolution No . 93-048 , Re: Receivina Feasibility and 30 Orderina Plans for 1994 Street Improvments 31 32 Representatives of an engineering firm other than the one who 33 did the 1993 street improvements attended the meeting 34 regarding their proposal for the 1994 street improvements . 35 36 The City Manager advised that staff had interviewed five 37 engineering firms . The firm being recommended is Rieke Carroll 38 Muller Associates (RCM) . It also had submitted the lowest bid. 39 40 Staff has contacted all of this firm' s references - and has 41 received very good feedback. This firm's servi.ces have been 42 used by St . Anthony for other projects but have not 43 participated on any road projects . 44 45 RCM has reviewed the Maier Stewart & Associates feasiblity 46 study and given its approval . The firm takes accountability 47 for this study and had given a not-to-exceed-figure for the 48 project . It was noted there will be no additional costs if the . 49 project extends longer than the deadline for . completion . 50 REGULAR COUNCIL MEETING OCTOBER 12 , 1993 PAGE 10 4 5 6 Councilmember Marks feels that communication between the 7 property -owners and the contractor is crucial . He felt 8 Councilmembers should be included in keeping records of calls 9 and complaints . He did not feel there was intentional 10 miscommunication on the 1993 street improvement project . 11 12 Councilmember Enrooth stated there should always be good 13 communication on any engineering projects . He felt 14 communication had been a perpetual problem with engineering 15 firms . 16 17 The City Manager suggested a computer program could be 18 developed for tracking the project , maintaining inventories 19 and responses to complaints .- 20 21 Mayor Ranallo noted that on the 1993 street projects there was 22 communication with the engineers . He felt what was said did 23 not accurately reflect with what was being done. He suggested 24 that the payment being held back should be higher. He also 25 felt withholding. payment should be included in the agreement for future projects . :Pete Carlson is the 'Department Manager of the Rieke Muller , 29 Carroll municipal offices . He agrees that good communication 30 is vital during the construction phase of a project as well as 31 the design phase. His firm has done many projects in older 32 communities and he recognizes there are inconveniences 33 involved for the property owners . 34 35 Mr . Carlson explained how his firm approaches a roadway 36 project . A project schedule is drafted. and presented at a 37 public meeting to all affected property owners. .A newsletter 38 is written and distributed to all affected property owners . In 39 the newsletter the name and phone numbers) of a RCM 40 representative is included so they receive the first phone 41 call concerning a problem rather than ­i't going to City 42 Councilmembers or City staff . . 43 44 RCM staff .will be available to meet with property owners at 45 neighborhood meetings in. December. Each driveway in the 46 proposed project area will have its elevation shot before the 47 project starts . Any specific access concerns or needs will be 48 addressed before the project is started. 49 50' REGULAR COUNCIL MEETING OCTOBER 12 , 1993 3 PAGE 11 4 5 6 RCM will provide only one inspector for this project on the 7 job .site. It is the feeling of the firm this one person has 8 more control over the contractor and can more easily dictate 9 specifications in the contract for the final product . 10 11 This arrangement also accommodates the needs and concerns of 12 property owners more effectively. This engineering firm has a 13 successful history of monitoring projects in the fashion they 14 outlined in their proposal . 15' 16 Councilmember Marks stated that the original plan was to have 17 a City Hall phone number availab.le for citizen concerns . He 18 wanted to know how this would fit in with RCM' s plans . 19 20 Mr. Carlson responded that his firm' s goal is to .reduce the 21 calls to City Hall . They recommend they be directed to the on- 22 site engineer. He felt this would be effective in solving 23 problems on that level ratherthan having so many people 24 involved with phone calls - and information . 25 Mayor Ranallo said that the plan is to direct the first resident call ' to the on-site inspector. The information he 28 deals with will be accessed by staff and .passed on to members 29 of the Council . 30 31 The Mayor suggested that a status report on the progress of 32 this project be a special agenda item at each Council Meeting. 33 34 A new draft of Resolution No. 93-048 was distributed to 35 members of the City Council by the City Manager . The new draft 36 included the name of the engineering firm. 37 38 39 Resolution No. 93-048 , Re: Receivincx Feasiblity and Orderinci 40 Plans for 1994 Street Improvements 41 42 Motion by Marks, second by Enrooth to adopt Resolution No. 93- 43 048 being a resolution receiving feasibility study and 44 ordering plans and including the firm of Reike Carroll Muller 45 Associates . 46 47 Motion carried unanimously 48 49 50 1 REGULAR COUNCIL MEETING OCTOBER 12 , 1993 0 PAGE 12 4 5 6 11 . ADJOURNMENT 7 8 Motion by Marks , second by Enrooth to adjourn the meeting at 9 8 :35 p.m. 10 11 Motion carried unanimously 12 13 Respectfully submitted, 14 15 16 Jo-Anne Student , Council Secretary 17 18 19 20 Mayor Clarence Ranallo 21 22 ATTEST: &76- 23 City Clerk 24 25 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50